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 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Gamblers  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  Gamblers  C.  B.  &  Ham  Radio  Sales  &  Service  (  Gamblers)  for 
 violation  of  Section  302(  b)  of  the  Act,  2  and  Sections  2.803(  a)(  1)  and  2.815(  b)  of  the  Commissions  Rules  (  Rules).  3 


 2.  On  April  9,  2004,  Gamblers  offered  for  sale  at  their  store  located  at  4671  North  Huron  Road,  Pinconning,  Michigan,  the  following  non-  certified  Citizens  Band  (  CB)  transceivers: 
 NAME  MODEL  COST  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  Commissions  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 


 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) 
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 Federal  Communications  Commission 
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 Commission  in  accordance  with  the  rules  in  this  chapter  and  is  properly  identified  and  labeled.  Gamblers  offer  for  sale  of  these  devices  violates  both  sections. 
 4.  Gamblers  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  Commissions  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  Commissions  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  COMMISSIONS  RULES. 
 7.  In  addition  to  the  marketing  of  the  non-  certified  transceivers  addressed  above,  Gamblers  also  offered  for  sale  on  April  9,  2004,  the  following  CB  external  radio  frequency  power  amplifiers 
 (  linears): 
 NAME  MODEL  COST  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 


 4  See  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 
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 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.  Gamblers 
 offer  for  sale  of  these  devices  violates  these  sections. 
 9.  Subsequent  violations  of  the  Communications  Act  and/  or  the  Commissions  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.  Gamblers  may  request  a  personal  interview  at  the  Commissions  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  Gamblers  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 


 7  See  47  C.  F.  R.    1.80(  b)(  3) 
 8  See  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. 
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