Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                                
                                                               
                              )                                
                                                               
     In the Matter of         )                                
                                  File No.: EB-10-DT-0114      
     Doctor Radio's CB Shop   )                                
                                  Citation No.: C201132360001  
     Monroe, Michigan         )                                
                                                               
                              )                                
                                                               
                              )                                


                                    CITATION

            ILLEGAL MARKETING OF UNAUTHORIZED RADIOFREQUENCY DEVICES

   Adopted: January 4, 2011 Released: January 5, 2011

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. This is an official CITATION issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Communications Act"), to
       Doctor Radio's CB Shop ("Doctor Radio") for marketing unauthorized
       radio frequency devices in the United States in violation of Section
       302(b) of the Communications Act, and Section 2.803(a)(1) of the
       Commission's rules ("Rules").

    2. Doctor Radio should take immediate steps to come into compliance and
       to avoid any recurrence of this misconduct. As explained below and as
       provided in the Communications Act, future violations of the Rules in
       this regard may subject your company to substantial monetary
       penalties, seizure of equipment, and criminal sanctions.

   II. background

    3. On October 20, 2010, an agent from the Enforcement Bureau's Detroit
       Office ("Detroit Office") visited the Doctor Radio store located at
       1255 N. Dixie Highway, Monroe, Michigan, and observed that the store
       offered for sale the Cobra Sound Tracker and the Cobra 150 GTL DX. A
       store employee explained to the agent that the Cobra Sound Tracker, a
       Citizens Band ("CB") transceiver, was modified to operate with 170
       watts of power. The store employee further explained that the Cobra
       150 GTL DX was an amateur radio that could operate on CB frequencies.

   III. applicable law and violations

    4. Section 302(b) of the Communications Act provides that "[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."

    5. Section 2.803(a)(1) of the Commission's implementing regulations
       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: [i]n 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...."

    6. Radio transceivers used in the CB radio service must be certified by
       the FCC prior to marketing. Internal modifications to a certificated
       CB transmitter are not allowed and will void a CB transceiver's
       certification. The Cobra Sound Tracker offered for sale to the agent
       was modified to allow an output power that far exceeded the power
       level permissible under 47 C.F.R. S: 95.410. Such modification voided
       the transceiver's certification and therefore cannot be sold in the
       United States.

    7. Dual use CB and amateur radios may not be certificated under the
       Commission's rules. Section 95.655(a) of the rules specifically
       states: "...([CB] Transmitters with frequency capability for the
       Amateur Radio Services...will not be certificated.)." Accordingly,
       such devices cannot legally be imported or marketed in the United
       States. The Cobra 150 GTL DX offered for sale at Doctor Radio had both
       CB and amateur radio capability and therefore cannot be sold in the
       United States.

   IV. FUTURE COMPLIANCE

    8. If, after receipt of this Citation, Doctor Radio violates the
       Communications Act or the Rules by engaging in conduct of the type
       described herein, the Commission may impose monetary forfeitures of up
       to $16,000 for each such violation or each day of a continuing
       violation and up to $112,500 for any single act or failure to act. In
       addition, violations of the Communications Act or the Rules can result
       in seizure of equipment through in rem forfeiture actions, as well as
       criminal sanctions, including imprisonment.

    9. Doctor Radio may respond to this Citation within thirty (30) days
       after the release date of this Citation either through (1) a personal
       interview at the closest FCC office, or (2) a written statement. Any
       written statements should specify what actions have been taken by
       Doctor Radio to ensure that it does not violate the Rules governing
       the marketing of radio frequency devices in the future. Please
       reference file number EB-10-DT-0114 when corresponding with the
       Commission.

   10. Under the Privacy Act of 1974, any statement or information provided
       by you may be used by the Commission to determine if further
       enforcement action is required. Any knowingly or willfully false
       statement, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment. Please also note that
       Section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.

   V. CONTACT INFORMATION

   11. The closest FCC Office is the Detroit Office in Farmington Hills,
       Michigan. You may contact  James Bridgewater by telephone, (248)
       471-5661, to schedule a personal interview, which must take place
       within thirty (30) days after the release date of this Citation. You
       should send any written statement within thirty (30) days after the
       release date of this Citation to: Federal Communications Commission,
       Detroit Office, 24897 Hathaway Street, Farmington Hills, MI 48335.

   12. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       including as much detail as you can. Also include a way we can contact
       you if we need more information. Please allow at least five (5) days
       advance notice; last minute requests will be accepted, but may be
       impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
       Consumer & Governmental Affairs Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).

   VI. ORDERING CLAUSES

   13. IT IS ORDERED that a copy of this Citation shall be sent both by First
       Class U.S.

   Mail and Certified Mail, Return Receipt Requested mail to Doctor Radio's
   CB Shop at 1255 N. Dixie Highway, Monroe, Michigan.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a)(1).

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a)(1).

   47 C.F.R. S: 95.409.

   47 C.F.R. S: 95.655(a).

   See Response from the Commission's General Counsel to the U.S Customs
   Service, dated May 17, 1999, 14 FCC Rcd 7797 (1999) (advising U.S. Customs
   Service that dual use CB and amateur radios are not acceptable for
   importation into the United States).

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   See 47 U.S.C. S: 510.

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

   47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
   written or oral statement of fact, intentionally provide material factual
   information that is incorrect or intentionally omit material information
   that is necessary to prevent any material factual statement that is made
   from being incorrect or misleading; and (2) In any written statement of
   fact, provide material factual information that is incorrect or omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading without a
   reasonable basis for believing that any such material factual statement is
   correct and not misleading.").

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-5

                                       2

   Federal Communications Commission DA 11-5