**Before the**

## Federal Communications Commission

**Washington, D.C. 20554**

In the Matter of )

> )

Gambler's C.B. & Ham Radio Sales & Service ) File No. EB-04-DT-225

)

Pinconning, Michigan ) Citation No. C20043236004 )

CITATION

**Released: April 13, 2004**

By the Enforcement Bureau, Detroit 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 Gambler's
    C.B. & Ham Radio Sales & Service ("Gambler's") for violation of
    Section 302(b) of the Act,[^2] and Sections 2.803(a)(1) and 2.815(b)
    of the Commission's Rules ("Rules").[^3]

2.  On April 9, 2004, Gambler's offered for sale at their store located
    at 4671 North Huron Road, Pinconning, Michigan, the following
    non-certified Citizens Band ("CB") transceivers:

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

> Ranger RCI 2970 DX \$449.95
>
> Ranger RCI 2980 WX \$449.95
>
> Ranger RCI 2985 DX \$479.95
>
> Ranger RCI 6300 F \$329.95
>
> Galaxy DX33HML \$198.95
>
> Galaxy DX48T \$419.95
>
> Galaxy DX66V \$279.95

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...."
    Gambler's offer for sale of these devices violates both sections.

4.  Gambler's marketed these devices as amateur 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 CB
    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 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[^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, Gambler's also offered for sale on April 9, 2004,
    the following CB external radio frequency power amplifiers
    ("linears"):

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

> Palomar Skipper \$349.95
>
> Palomar 225 \$119.95
>
> Palomar 250 \$159.95
>
> Palomar Skipper 350 \$179.95
>
> Palomar 650 Magnum \$348.95

8.  The linear amplifiers indicated above are not only illegal to sell
    but also illegal to advertise for sale. 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..." Section 2.815(b) of the Rules
    states: "... no person shall manufacture, sell ... any external
    radio frequency power amplifier or amplifier kit capable of
    operation on any frequencies between 24 and 35 MHz." Gambler's offer
    for sale of these devices violates these sections.

9.  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,[^7] seizure of equipment through *in
    rem* forfeiture action, and criminal sanctions including
    imprisonment.[^8]

10. Gambler's may request a personal interview at the Commission's Field
    Office nearest your 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.
    You must schedule this interview to take place within fourteen (14)
    days of the date of this Citation. Alternatively, you may submit a
    written statement to the above address within fourteen (14) days of
    the date of this Citation. Any written statement should specify what
    actions have been taken to correct the violations outlined above.
    Please reference case number EB-04-DT-225 when corresponding with
    the Detroit Office.

11. This Citation shall be sent First Class U.S. Mail and, Certified
    Mail, Return Receipt Requested, to Gambler's C.B. & Ham Radio Sales
    & Service, 4671 North Huron Road, Pinconning, Michigan 48650.

12. The Privacy Act of 1974[^9] 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.[^10] **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
>
> Detroit Office

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: ^?^ 47 U.S.C. § 302(b)

[^3]: ^?^ 47 C.F.R. §§ 2.803(a)(1), 2.815(b)

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

[^8]: ^?^ [S*ee*]{.underline} 47 U.S.C. §§ 401, 501, 503, 510

[^9]: ^?^ P.L. 93-579, 5 U.S.C. § 552a(e)(3)

[^10]: ^?^ 18 U.S.C. § 1001 *et seq.*