Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

Mr. Lamont Davidson d.b.a. File No.: EB-04-DL-040

Walcott CB Sales, Inc. Citation: C20043250002

2940 North Plainview Road Sent via Certified

Walcott, IA 52773 Return Receipt Requested

and First Class U.S. Mail

## 

# CITATION

**Released:** April 7, 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 Mr.
    Lamont Davidson d.b.a. Walcott CB Sales, Inc. for violation of
    Section 302(b) of the Act,[^2] and Section 2.803(a)(1) of the
    Commission's Rules.[^3]

2.  An investigation by the FCC's Dallas Office revealed that the
    Internet domain name walcottcb.com is registered to Walcott CB
    Sales, Inc., 2940 North Plainview Road, Walcott, Iowa 52773 with
    Lamont Davidson, Walcott CB Sales, Inc. listed as the administrative
    and technical contact. Furthermore, on February 24, 2004, Mr. Lamont
    Davidson d.b.a. Walcott CB Sales, Inc. through the Internet site(s)
    [www.walcottcb.com]{.underline} (with an address listed on the site
    as Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott, IA)
    offered for sale, the following thirty-four (34) non-certified
    Citizens Band transceivers:

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

Connex 3300HP \$229.95 Echo Board with Two Controls

Connex 3300HPCF \$239.95 Echo Board with Two Controls

Connex 4400HP \$274.95 Echo Board with Dual Controls

Connex 4800DXL \$374.95 Echo Board with Dual Control

Connex Coyote Hunter \$189.95 AM/FM/PA modes

Connex Deerhunter \$149.95 AM/FM/PA modes

Galaxy DX33HML \$219.95

Galaxy DX44V \$239.95

Galaxy DX45MP \$289.95

Galaxy 48T \$399.95

Galaxy DX55V \$209.95

Galaxy DX66V \$299.95

Galaxy DX73V \$349.95

Galaxy DX77HML \$299.95

Galaxy DX88HL \$369.95

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

Galaxy DX93T \$449.95

Galaxy DX99V \$399.99

General Grant \$399.95

General A.P. Hill \$174.95

General Lee \$229.95

General Longstreet \$269.95

General Washington \$229.95

Magnum 357DX \$379.95

Magnum DeltaForce \$269.95

President Lincoln \$344.95

Ranger RCI-2950DX \$319.95 10 & 12 meter

Ranger RCI-2970DX \$449.95 10 & 12 meter

Ranger RCI-2980WX \$429.95 Base AM-FM-SSB modes

Ranger RCI-2985DX \$444.95 10 & 12 meter base AM-FM-SSB-CW

Ranger RCI-2995DX \$554.95 10 & 12 meter base AM-FM-SSB-CW

Ranger RCI-6300F-25 \$299.95 AM-FM modes

Ranger RCI-6300F-150 \$449.95 AM-FM modes

Ranger RCI-6900F-25 \$339.95 AM-FM-SSB modes

Ranger RCI-6900F-150 \$489.95 AM-FM-SSB modes

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 ...." Mr. Lamont Davidson d.b.a. Walcott CB
    Sales, Inc's offer for sale of these devices violates both sections.

4.  Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. 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 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, Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc.
    is 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.

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.  Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. may request a
    personal interview at the closest FCC location to its place of
    business,[^11] namely:

Federal Communications Commission

Park Ridge Office Center, Suite 306

1550 Northwest Highway

Park Ridge, Illinois 60068-1460

which can be contacted by telephone at XXX XXX-XXXX. He must schedule
this interview to take place within 14 days of the date of this
citation. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. 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-040 and citation
number C20043250002 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: Federal Communications Commission

Park Ridge Office Center, Suite 306

1550 Northwest Hwy

Park Ridge, IL 60068-1460

Federal Communications Commission

Second Floor

520 NE Colbern Rd

Lee's Summit, MO 64086

[^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