Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

Mr. Brandon Smith File No.: EB-04-DL-033

Mr. John Jackson Citation: C20043250003

d.b.a. Wholesale CB Radio Sent via Certified

5320 North Hwy 97 Return Receipt Requested

Sand Springs, OK 74063 and First Class U.S. Mail

## 

# CITATION

**Released:** August 6, 2004

By the Enforcement Bureau, Dallas Office:

1.  This is an Official Citation issued pursuant to Section 503(b)(5) of
    the Communications Act of 1934, as amended ("Act"),[^1] to Messrs.
    Brandon Smith and John Jackson d.b.a. Wholesale CB Radio for
    violation of Section 302(b) of the Act,[^2] and Sections 2.803(a)(1)
    and 2.815(b)&(c) of the Commission's Rules.[^3]

2.  An investigation by the FCC's Dallas Office revealed that the
    Internet domain name wholesalecbradio.com is registered to Smith &
    Jackson, Inc., 1032 N. Birch, Sand Springs, OK 74063 with John
    Jackson, <brandonjjgs@AOL.COM>, Smith & Jackson Inc., 1032 N. Birch,
    Sand Springs, OK 74063 listed as the administrative and technical
    contact. Furthermore, on July 29, 2004, Messrs. Brandon Smith and
    John Jackson d.b.a. Wholesale CB Radio through the Internet site
    [www.wholesalecbradio.com]{.underline} (with an address currently
    listed on the site as "Wholesale CB Radio, 5320 North Hwy 97, Sand
    Springs, OK 74063", but previously listed as "1032 N. Birch, Sand
    Springs, OK 74063") offered for sale, the following fifty-five (55)
    non-certified Citizens Band transceivers:

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

Connex 3300 \$179.99 "Export CB Radio", "AM/FM", "Band Switch"

Connex 3300LE \$189.99 "Export CB Radio", "AM/FM", "Band Switch"

Connex 3300HP \$214.99 "Export CB Radio", "Band Switch-Hi/Low"

Connex 3300HP LE \$229.99 "Export CB Radio", "Band Switch-Hi/Low"

Connex 3300HP Patriot Ed \$219.99 "Export CB Radios", "25.615-28.305", 6
bands

Connex 4400HP \$229.99 "Export CB Radio", "over 300 channels"

Connex 4800DXL \$309.99 "Export CB Radio", "12 Bands"

Connex Coyote Hunter \$169.99 "Export CB Radio", "5 band, selector"

Connex Deer Hunter \$159.99 "Export CB Radio", "3 band"

Galaxy DX33HML \$169.99 "Export Radio"

Galaxy DX44V \$199.99 "Export Radio"

Galaxy DX45MP \$229.99 "CB Radio", "Band selector (8 pos)"

Galaxy 48T \$349.99 "CB Radio", "50 watts for AM and FM"

Galaxy DX55V \$179.99 "Export Radio"

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

Galaxy DX66V \$259.99 "Export Radio", "8 Watts"

Galaxy DX77HML \$239.99 "Export Radio", 10w AM / 25w SSB

Galaxy DX88HL \$319.99 "CB Radio", "band switch"

Galaxy DX93T \$389.99 "CB Radio", 20w AM/FM, 50w SSB

Galaxy DX95T \$429.99 "Export CB Radio", 200w PEP AM&SSB

Galaxy DX99V \$349.99 "CB Radio", "band control"

Galaxy DX 2517 \$449.99 "Base Export CB Radio", "band select"

General Grant \$439.99 "Export Radio", "12 Bands of 40 Channels"

General A.P. Hill \$189.95 "Export Radio", "6 Bands of 40 Channels"

General Stonewall Jackson \$529.99 "10 Meter Export Base", "Mods
included"

General Lee \$209.99 "Export Radio", "6 Bands of 40 Channels"

General Longstreet \$239.99 "Export Radio", "6 Bands of 40 Channels"

Magnum 257 \$199.99 "10 Meter CB Radio", "30 watts output power"

Magnum 357 DX \$369.99 "10 Meter CB Amateur Radio"

Magnum DeltaForce \$239.99 "10 Meter CB Radio"

Magnum Megaforce S45 \$279.99 "10 Meter CB Radio"

Magnum S-3 \$219.99 "10 Meter CB Radio"

Magnum S-9 \$339.99 "10 meter Radio", 9w AM / 40w SSB/FM

Magnum S 3200 \$299.99 "10 Meter Export has 8 bands of Channels"

Maverick A24 \$204.99 "10 Meter CB Radio", "AM/FM Modes"

Mirage 44 \$209.95 "Export CB Radio has 361 AM/FM Channels"

Mirage 88 \$319.95 "Export CB Radio", 361 channels

Mirage 2950 EX \$289.95 "Export CB Radio", 8w AM/FM, 25w SSB

Mirage 6600 \$259.95 "Export CB Radio", "AM/FM", "Band switch"

Mirage 9900 HP \$349.95 "Export CB Radio has 361 Channels"

President HR-2510 Used

Ranger R.C.I. 2950 DX \$299.99 "Export 10 meter", "30watts", "CB/PA"

Ranger R.C.I. 2970 DX \$419.99 "Export 10 meter", "100watts+", "CB/PA"

Ranger RCI-2980WX \$479.95 "CB Radio", base, 10w AM/FM/CW, 25w SSB

Ranger RCI-2985 \$474.95 "Export CB Radio", base, AM/FM/CW, SSB

Ranger RCI-2995DX \$594.95 "Export CB Radio", base 50w / 150w Ranger
RCI-6300 F25 \$279.99 "Export CB Radio", "Band selector (12 pos)"

Ranger RCI-6300 F150 \$399.99 "Export CB Radio", "100watts+"

Ranger RCI-6900 F25 \$309.99 "Export CB Radio", "40w"

Ranger RCI-6900 F150 \$439.99 "Export CB Radio", "100watts+"

Ranger SS 3900GHP \$189.99 "Export", "CB Radio", "Band selector (6)"

Ranger SS 3900GHP-M \$199.99 "Export", "CB Radio", "Band selector (6)"

Superstar 121 \$159.99 "Export CB Radio", "band switch"

Superstar Chrome Face \$194.99 "360 Channels", "channel 9 switch"

Superstar SS 3900HP Gold \$229.99 "Export CB Radio", "Band Selector
(A-F)"

Voyage VR 9000 \$239.99 "Export CB Radio", 12w AM / 25w PEP

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^2^ provides "\[n\]o 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^3^ 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 ...." Messrs. Brandon Smith's and John
    Jackson's (d.b.a. Wholesale CB Radio) offer for sale of these
    devices violates both sections.

4.  Messrs. Brandon Smith and John Jackson d.b.a. Wholesale CB Radio
    marketed these devices as amateur and/or Citizens Band transceivers.
    The Commission has evaluated radiofrequency devices similar to those
    listed in paragraph 2 and concluded that the devices at issue are
    not only amateur radios but can easily be altered for use as
    Citizens Band devices as well. 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.[^4] The Commission has further concluded
    that these devices fall within the definition of a CB transmitter
    and therefore 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[^5] states: ". . . . (\[CB\] Transmitters
    with frequency capability for the Amateur Radio Services . . . .
    will not be certificated.)" *See also* FCC 88-256, 1988 WL 488084
    (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[^6] 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.  In addition to the marketing of the non-certified transceivers
    addressed above, Messrs. Brandon Smith and John Jackson d.b.a.
    Wholesale CB Radio are warned that Section 302(b) of the Act^2^, and
    Section 2.815(c) of the Commission's Rules[^7] requires FCC Type
    Acceptance (or Certification) of External Radio Frequency Power
    Amplifiers (or amplifier kits) capable of operation on any frequency
    or frequencies below 144 MHz. Furthermore, Section 2.815(b) of the
    Commission's Rules[^8] prohibits the marketing of External Radio
    Frequency Power Amplifiers (or amplifier kits) capable of operation
    on any frequency or frequencies between 24 and 35 MHz. Non-certified
    External RF Power Amplifiers requiring certification include, but
    are not limited to, the following brands: Boomer, Cobra, Comet,
    Galaxy, Golden Eagle, Intruder, KL, KLV, Magna Force, Messenger,
    Palomar, RM, Sandman, Shockwave, Skipper, Tennessee Walker, Texas
    Star, TNT and XForce.

8.  Subsequent violations of the Communications Act and/or of 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,[^9] seizure of equipment through *in
    rem* forfeiture action, and criminal sanctions including
    imprisonment.[^10]

9.  Messrs. Brandon Smith and John Jackson d.b.a. Wholesale CB Radio may
    request a personal interview at the closest FCC location to its
    place of business,[^11] namely:

Federal Communications Commission

9330 LBJ Freeway, Suite 1170

Dallas, Texas 75243-3470

which can be contacted by telephone at XXX XXX-XXXX. They must schedule
this interview to take place within 14 days of the date of this
citation. Messrs. Brandon Smith and John Jackson d.b.a. Wholesale CB
Radio may submit a written statement within 14 days of the date of this
citation to the following address:

Federal Communications Commission

9330 LBJ Freeway, Suite 1170

Dallas, Texas 75243-3470

which can be contacted by telephone at XXX XXX-XXXX. Any written
statement should specify what actions have been taken to correct the
violation outlined above. When corresponding with the Commission, case
number EB-04-DL-033 and citation number C20043250003 should be
referenced.

10. Any statement or information provided may be used by the Commission
    to determine if further enforcement action is required.[^12] Any
    knowingly or willfully false statement made in reply to this notice
    is punishable by fine or imprisonment.[^13]

> FEDERAL COMMUNICATIONS COMMISSION
>
> James D. Wells
>
> District Director - Dallas Office

LRB

Cc: Mr. Brandon Smith

> Mr. John Jackson
>
> d.b.a. Wholesale CB Radio
>
> 1032 Birch
>
> Sand Springs, OK 74063

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: 47 U.S.C. § 302a(b)

[^3]: 47 C.F.R. § 2.803(a)(1)

[^4]: [See]{.underline} 47 C.F.R. §§ 95.603(c) & 2.803

[^5]: 47 C.F.R. § 95.655(a)

[^6]: 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000

[^7]: 47 C.F.R. § 2.815(c)

[^8]: 47 C.F.R. § 2.815(b)

[^9]: [S*ee*]{.underline} 47 C.F.R. § 1.80(b)(3)

[^10]: [S*ee*]{.underline} 47 U.S.C. §§ 401, 501, 503, 510

[^11]: [S*ee*]{.underline} 47 U.S.C. § 503(b)(5)

[^12]: *See* Privacy Act of 1974, 5 U.S.C. §552a(e)(3)

[^13]: See 18 U.S.C. §1001