**Before the**

## Federal Communications Commission

**Washington, D.C. 20554**

In the Matter of )

> )

Litchfield Radio ) File No. EB-04-DT-329

)

Litchfield, OH ) Citation No. C20053236002 )

CITATION

**Released: September 9, 2005**

By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:

1.  This is an Official Citation issued pursuant to Section 503(b)(5) of
    the Communications Act of 1934, as amended ("Act"),[^1] to
    Litchfield Radio ("Litchfield") for violation of Section 302(b) of
    the Act,[^2] and Section 2.803(a)(1) of the Commission's Rules
    ("Rules").[^3]

2.  An investigation by the Commission's Detroit Office revealed that on
    July 21, 2005, Litchfield Radio offered for sale at its store in
    Litchfield, Ohio, the following non-certified Citizens Band ("CB")
    transceivers:

**[NAME]{.underline}** **[MODEL]{.underline}** **[PRICE]{.underline}**

Cobra 150 GTL DX \$199.95

Connex CX 3300 \$209.95

Connex CX 3300 HP \$249.95

Connex CX 4300 HP \$309.95

Galaxy DX 33 HML \$209.95

Galaxy DX 44V \$229.95

Galaxy DX55V \$209.95

Galaxy DX66V \$279.95

Galaxy DX 93T \$449.95

Galaxy DX99V \$389.95

Galaxy DX2517 \$499.99

General Stonewall Jackson \$599.59

General Lee \$249.95

General Longstreet \$269.95

Magnum M-1 \$249.95

Magnum S-3 \$249.95

Magnum S-6 \$299.95

Magnum S-9 \$359.95

**[NAME]{.underline}** **[MODEL]{.underline}** **[PRICE]{.underline}**

Ranger RCI-6300 OF \$499.95

Ranger RCI-6900 F \$369.95

RCI 2950 DX \$289.95

RCI 2970 DX \$429.95

SuperStar SS-122 \$129.95

According to the Commission's records, these devices have not received
an FCC equipment authorization, which is required for Citizens Band
transmitters marketed in the United States.

3.  Section 302(b) of the Act provides "No person shall manufacture,
    import, sell, offer for sale, or ship devices or home electronic
    equipment and systems, or use devices, which fail to comply with
    regulations promulgated pursuant to this section." Section
    2.803(a)(1) of the Rules provides that "... no person shall sell or
    lease, or offer for sale or lease (including advertising for sale or
    lease), or import, ship or distribute for the purpose of selling or
    leasing or offering for sale or lease, any radio frequency device
    unless: (1) In the case of a device subject to certification, such
    device has been authorized by the Commission in accordance with the
    rules in this chapter and is properly identified and labeled...." CB
    transmitters must be certified pursuant to Section 95.603(c) of the
    Rules.[^4] Litchfield's offer for sale of these devices violates
    both sections.

4.  Litchfield marketed these devices as amateur transceivers. The
    Commission, however, has evaluated radio frequency devices similar
    to those listed in paragraph 2 and concluded that the devices at
    issue are CB transmitters, because they can easily be altered for
    use as CB devices. A CB transmitter is a transmitter that operates
    or is intended to operate at a station authorized for the CB
    service, and it must be certificated by the FCC prior to marketing
    or importation.[^5] The Commission has concluded that amateur
    transceivers that \"have a built-in capability to operate on CB
    frequencies and can easily be altered to activate that capability,
    such as by moving or removing a jumper plug or cutting a single
    wire" fall within the definition of a CB transmitter and cannot
    legally be imported or marketed in the United States. *See* Response
    from the Commission's General Counsel to U.S. Customs Service dated
    May 17, 1999, 14 FCC Rcd 7797 (1999).

5.  Additionally, dual use CB and amateur radios of the kind at issue
    here may not be certificated under the Commission's rules. Section
    95.655(a) of the Rules states "....(\[CB\] Transmitters with
    frequency capability for the Amateur Radio Services....will not be
    certificated)." [^6] *See also* FCC 88-256, 1988 WL488084 (August
    17, 1988). This clarification was added to explicitly foreclose the
    possibility of certification of dual use CB and amateur radios, *see
    id.,* and thereby deter use by CB operators of frequencies allocated
    for amateur radio use.

6.  Furthermore, the Commission has revised Section 2.1204(a)(5) of its
    Rules[^7] to prohibit all marketing and/or offering for sale in the
    United States of such devices even when the purchaser(s) had
    provided assurances that the transceivers are being bought solely
    for export. **ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
    COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S
    RULES.**

7.  Subsequent violations of the Communications Act and/or the
    Commission's Rules may subject the violator to substantial monetary
    forfeitures not to exceed \$11,000 for each such violation or each
    day of a continuing violation,[^8] seizure of equipment through *in
    rem* forfeiture action, and criminal sanctions including
    imprisonment.[^9]

8.  Litchfield may request a personal interview at the Commission's
    Field Office nearest his place of business. The nearest office is
    the **Detroit Office, 24897 Hathaway Street, Farmington Hills,
    Michigan 48335-1552, which you may contact by telephone at
    XXX-XXX-XXXX.** Litchfield must schedule this interview to take
    place within fourteen (14) days of the date of this citation.
    Alternatively, Litchfield may submit a written statement within
    fourteen (14) days of the date of this citation to the above
    address. Any written statement should specify what actions have been
    taken to correct the violations outlined above. Please reference
    case number EB-04-DT-329 and citation number C20053236002 when
    corresponding with the Commission.

9.  This Citation shall be sent First Class U.S. Mail and, Certified
    Mail, Return Receipt Requested, to Litchfield Radio at its address
    of record.

10. The Privacy Act of 1974[^10] requires that we advise you that the
    Commission will use all relevant material information before it,
    including any information disclosed in your reply, to determine
    what, if any, enforcement action is required to ensure compliance.
    Any false statement made knowingly and willfully in reply to this
    Citation is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^11] **Please be advised that if you choose not to
    respond to this Citation and a forfeiture is issued, your
    unresponsiveness will be considered in our assessment of a
    forfeiture amount**.

> FEDERAL COMMUNICATIONS COMMISSION
>
> James A. Bridgewater
>
> District Director

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: 47 U.S.C. § 302(b)

[^3]: 47 C.F.R. § §2.803(a)(1)

[^4]: 47 C.F.R. § 95.603(c)

[^5]: *See* 47 C.F.R. 95.603(c); 47 C.F.R. 2.803

[^6]: 47 C.F.R. § 95.655(a); s*ee* *also* FCC 88-256, 1988 WL488084
    (August 17, 1988).

[^7]: 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000.

[^8]: *See* 47 U.S.C. § 503(b)(2)(C); 47 C.F.R. § 1.80(b)(3)

[^9]: *See* 47 U.S.C. §§ 401, 501, 503, 510

[^10]: P.L. 93-579, 5 U.S.C. § 552a(e)(3)

[^11]: 18 U.S.C. § 1001 *et seq.*