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May 4, 2004

Appalachia Electronics CB Shop **FILE No.: EB-04-AT-069**

ATTN: Mr. Gary Linder Sent via Certified

615 Watt Road Return Receipt requested and

Knoxville, TN 37992 First Class mail

**CITATION Citation No.: C200432480002**

**Released**: May 4, 2004

By the Enforcement Bureau, Atlanta Office

1\. This is an Official Citation issued pursuant to Section 503(b) of
The Communications Act of 1934, as amended ("Act"), [^1] to Mr. Gary
Linder, owner of Appalachia Electronics CB Shop, Knoxville, Tennessee,
for violation of Section 302(b) of the Act, [^2] and Sections
2.803(a)(1) of the Commission's Rules.[^3]

2\. An investigation by the FCC's Atlanta Office revealed that on April
27, 2004, you offered for sale at your retail store located at 615 Watt
Road, Knoxville, Tennessee, Alabama, four models of non-certified
Citizens Band transceivers, namely, three Connex models 3300 HP, and one
Galaxy model 66. According to Commission's records, these devices have
not received an FCC equipment authorization which is required for
Citizens Band transmitters marketed in the United States. Furthermore,
these devices bore no FCC equipment authorization labeling that is
required for Citizens Band transceivers marketed in the United
States.[^4]

3\. Section 302(b) of the Act 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 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..."

4\. 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.)" *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.

5\. Furthermore, the Commission has revised Section 2.1204(a)(5)[^5] of
its rules 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.

6\. In addition to the marketing of the non-certified transceivers
addressed above, Mr. Gary Linder, owner of Appalachia Electronics C.B.
Shop, is warned that Section 302(b) and Section 2.815(c)[^6] of the
Commission's Rules 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)[^7] of the Commission's Rules 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.

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

8\. Mr. Gary Linder may request a personal interview at the closest FCC
location to its place of business[^10]^0^, namely:

Federal Communications Commission

3575 Koger Blvd., Suite 320

Duluth, GA 30096

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-AT-069 and Citation number C200432480002 should be
referenced.

9\. Any statement or information provided may be used by the Commission
to determine if further enforcement action is required.[^11]^1^ Any
knowingly or willfully false statement made in reply to this notice is
punishable by fine or imprisonment.[^12]^2^

FEDERAL COMMUNICATIONS COMMISSION

Fred L. Broce

District Director, Atlanta Office

[^1]: 47 U.S.C. § 503(b)(5)

[^2]: ^2^ 47 U.S.C. § 302a(b)

[^3]: ^3^ 47 C.F.R. § 2.803(a)(1)

[^4]: ^4^ See 47 C.F.R. §§ 95.409(a), 95.655(a) &2.925(a)

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

[^6]: ^6^ 47 C.F.R. § 2.815(c)

[^7]: ^7^ 47 C.F.R. § 2.815(b)

[^8]: ^8^ *[See]{.underline}* 47 C.F.R. § 1.80(b)(3)

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

[^10]: ^10^ *[See]{.underline}* 47 U.S.C. § 503(b)(5)

[^11]: ^11^ *[See]{.underline}* Privacy Act of 1974, 5 U.S.C. §
    552a(e)(3)

[^12]: ^12^ See U.S.C. § 1001