FCC Web Documents citing 95.603

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. In his Response, counsel for Vance indicated that he was unable to open his copy of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-881A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-881A1.pdf
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-597A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-597A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated Galaxy Model DX99V here and determined that it could easily be altered for use as a CB transceiver. CB Shop argues that the Galaxy DX99V transceiver does not require Commission certification (type acceptance) because it is not a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-49A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-49A1.pdf
  • be marketed within the United States unless they have been tested and found to comply with Commission technical requirements, granted Commission certification and properly labeled. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. Section 95.603(c) of the Rules provides that ``[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB [service]) must be certificated.'' Section 95.655(a) of the Rules states that ``[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part
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  • � 90.417 - Interstate Communication Ricardo Gamboa, WPLX989. Houston, TX Resident Agent Office (6/12/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent
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  • it appear in person or by attorney at the prehearing conference held on April 7, 2004. See 47 C.F.R. � 95.1. 47 C.F.R. � 95.631(a). That provision limits non-voice emissions from GMRS transmitters to selective calling or tone-operated squelch tones to establish or continue voice communications. See also 47 C.F.R. � 95.181(f), (g). 47 C.F.R. � 95.631(f). 47 C.F.R. � 95.603(a). See also 47 C.F.R. � 2.803(a)(1). OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth. The
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  • be unfair to receive a forfeiture for following staff directions. Finally, Hightech states that it posted a sign in its shop that stated Amateur equipment requires a license and that it is illegal to modify the radios to operate on CB frequencies. As described in detail above, the Commission adopted Rules determining that the definition of ``CB transmitter'' in Section 95.603(c) of the Rules includes radios ``intended to operate at a station authorized in the CB.'' OET and the Office of General Counsel for the Commission (``OGC'') have clarified that this definition includes ARS radios that can be easily modified to operate on CB frequencies. OGC has stated that transmitters that ``have a built-in capability to operate on CB frequencies and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3125A1.txt
  • Procedures Act. It also argues that the Commission failed to define what ``easily modifiable'' means and that such language is unconstitutionally vague. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. We reject Hightech's arguments and deny its petition for reconsideration. Section 95.603(c) of the Rules states that a CB transmitter is a ``transmitter that operates or is intended to operate at a station authorized in the CB'' and that such transmitters must be certificated. The Office of General Counsel (``OGC'') subsequently clarified that ARS transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1334A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1334A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1334A1.txt
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated the Galaxy models at issue here and determined that these devices could easily be altered for use as CB transceivers. TravelCenters argues that the Galaxy transceivers that it offered for sale are ARS transmitters, which do not require
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1936A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1936A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1936A1.txt
  • what ``easily modifiable'' means and that such language is unconstitutionally vague. It also states that whether modifications are easy to implement depend upon the individual's skills and experience. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. We reject Loves' arguments. Section 95.603(c) of the Rules states that a CB transmitter is a ``transmitter that operates or is intended to operate at a station authorized in the CB'' and that such transmitters must be certificated. The Office of General Counsel (``OGC'') subsequently clarified that ARS transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2549A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2549A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2549A1.txt
  • The letter advised Gambler that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. In response to a complaint that Gambler continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's store
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1313A1.txt
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. In his Response, counsel for Vance indicated that he was unable to open his copy of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-881A1.txt
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-461A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-461A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-461A1.txt
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated the Galaxy models at issue here and determined that these devices could easily be altered for use as CB transceivers. Pace argues that he did not willfully violate the Act or the Rules because the Galaxy transceiver that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-513A1.txt
  • � 1001. Thank you in advance for your anticipated cooperation. Sincerely, Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau The website addresses were: www.k1cra.com/catalog/product.aspx?productID=1437 and www.k1cra.com/catalog/product.aspx?product ID=1438. Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, to K1CRA Radio Store (October 18, 2007). See 47 C.F.R. �� 22.377, 25.129, 74.851, 80.203, 87.147, 90.203, and 95.603. Letter from Craig R. Andersen, Owner, K1CRA,. to Susan M. Stickley, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission (November 21, 2007). 47. U.S.C. � 302a(b). 47 C.F.R. � 2.803(a)(1). 47 C.F.R. � 15.201(b). See 47 C.F.R. � 1.80(b)(3). Federal Communications Commission DA 08-513 Federal Communications Commission DA 08-513 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-597A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-597A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-597A1.txt
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated Galaxy Model DX99V here and determined that it could easily be altered for use as a CB transceiver. CB Shop argues that the Galaxy DX99V transceiver does not require Commission certification (type acceptance) because it is not a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-815A1.pdf
  • transmitter that operates or is intended to operate in the MedRadio service) must be certified except for such transmitters that are not marketed for use in the United States, but which otherwise comply with the MedRadio Service technical requirements and are operated in the United States by individuals who have traveled to the United States from abroad. See 47 CFR �95.603. 6. Certification procedures. Any entity may request certification for its transmitter when the transmitter is used in the GMRS, FRS, R/C, CB, 218-219 MHz Service, LPRS, MURS, or MedRadio Service following the procedures in 47 CFR �2.907 and 47 CFR � 95.605. 7. Where can I find documents about the Medical Radio Service proceeding. Investigation of the Spectrum Requirements for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • Radio Service, Family Radio Service, Radio Control Radio Service, Citizens Band Radio Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical Telemetry Service, Medical Implant Communications Service, and Multi-Use Radio Service. Subpart E contains technical regulations. Need: The rules specify technical standards for Medical Implant Communications Service transmitters. Legal Basis: 47 U.S.C. 154 and 303. Section Number and Title: 95.603(f) Certification required. 95.628 MICS transmitter. 95.631(h) Emission types. 95.633(e) Emission bandwidth. 95.639(f) Maximum transmitter power. SUBPART F-218-219 MHz SERVICE Brief Description: The Part 95 rules govern the Personal Radio Services, including the General Mobile Radio Service, Family Radio Service, Radio Control Radio Service, Citizens Band Radio Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical Telemetry Service, Medical Implant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-912A1.doc
  • that operates or is intended to operate in the MedRadio service) must be certified, except for such transmitters that are not marketed for use in the United States, but which otherwise comply with the MedRadio Service technical requirements and are operated in the United States by individuals who have traveled to the United States from abroad. See 47 CFR � 95.603. 7. Certification procedures. Any entity may request certification for its transmitter when the transmitter is used in the GMRS, FRS, R/C, CB, 218-219 MHz Service, LPRS, MURS, or MedRadio Service following the procedures in 47 CFR �2.907 and 47 CFR � 95.605. 8. Recordkeeping and other Compliance Requirements. The Commission is using the licensing approach for the entire 401-406 MHz
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  • H'' to read as follows: * * * The Personal Radio Services are the GMRS (General Mobile Radio Service)-subpart A, the Family Radio Service (FRS)-subpart B, the R/C (Radio Control Radio Service)-subpart C, the CB (Citizens Band Radio Service)-subpart D, the Low Power Radio Service (LPRS)-subpart G, and the Medical Implant Communications Service (MICS)-subpart I. 4. Paragraph (g) of Section 95.603 is corrected by redesignating it as paragraph (f). 5. Section 95.605 is corrected by deleting the reference to ``MURS'' to read as follows: Any entity may request certification for its transmitter when the transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or MICS following the procedures in part 2 of this chapter. Medical implant transmitters shall be tested
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  • that the Commission adopted in the captioned proceeding on May 2, 2002, 17 FCC Rcd 9830 (2002) (MO&O and Second R&O). The following footnotes in the MO&O and Second R&O are corrected to read as follows: note 127: change ``Supra para. 35,'' to ``See supra para 34.'' note 133: change ``See para. 37, infra,'' to ``See, e.g., Appendix E �� 95.603(g), 95.655(d).'' note 142: change ``See supra, para. 25,'' to ``See supra, para 29.'' note 143: change ``See supra, para. 22,'' to `` See supra, para 26.'' note 144: change ``See supra, para. 19,'' to ``See supra, para 23.'' note 145: change ``See supra, para. 17; Amendment of Part 90 of the Commission's Rules and Policies for Applications and Licensing of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. David P. Pace, Jr. d.b.a. Pacetronics Pace Marketing P.O. Box 631207 Nacogdoches, TX 75963 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 ! & ' / 1 3 6
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  • knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 : ] � � � � �
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  • of the U.S. Code. 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 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 C.F.R. � �2.803(a)(1) See 47 C.F.R, �� 95.603(c), 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 P.L. 93-579, 5 U.S.C. � 552a(e)(3) 18 U.S.C. � 1001 et seq. Federal Communications Commission Federal Communications Commission $ - M N #yJ � �
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  • or imprisonment. 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 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 5 k � � � � �
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  • the U.S. Code. 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 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 C.F.R. �� 2.803(a)(1), 2.815(b) See 47 C.F.R, �� 95.603(c), 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 P.L. 93-579, 5 U.S.C. � 552a(e)(3) 18 U.S.C. � 1001 et seq. Federal Communications Commission Federal Communications Commission # $ % $ % $ � ] ^ #yJ � � #yJ , �
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  • the U.S. Code. 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 Daniel W. Noel District Director New York Office 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 C.F.R. � �2.803(a)(1) See 47 C.F.R, �� 95.603(c), 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 P.L. 93-579, 5 U.S.C. � 552a(e)(3) 18 U.S.C. � 1001 et seq. Federal Communications Commission Federal Communications Commission $ L #yJ � � #yJ , �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.pdf
  • willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director - Dallas Office LRB Cc: Mr. Brandon Smith Mr. John Jackson d.b.a. Wholesale CB Radio 1032 Birch Sand Springs, OK 74063 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 � � ' , C i j
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.pdf
  • COMMISSION James D. Wells District Director - Dallas Office LRB cc: Federal Communications Commission Park Ridge Office Center, Suite 306 1550 Northwest Highway Park Ridge, IL 60068-1460 Chester J. Massie, Jr. H and Y Electrical Supply Company, Inc. P.O. Box 39322 Louisville, KY 40233 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 O  � � " ( )
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.pdf
  • Lawrence Total Communications CB Radio Trader P.O. Box 761 Wilburton, OK 74578 Mr. Jason F. Lawrence, KC5YEB Total Communications CB Radio Trader Rt. 2, Box 94 Wilburton, OK 74578-9615 Mr. Jason F. Lawrence Total Communications CB Radio Trader 1210 Battles Rd Wilburton, OK 74578 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 # $ & ( 8 9 ;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.pdf
  • & CB's, Inc. 1205 Whitney St West Palm Beach, FL 33401-6861 Mr. Andy Beckman Pink Lightning Chrome & CB's Chrome Helmet Music 526 Smith Ln Tullahoma, TN 37388 Federal Communications Commission 2203 N. Lois Avenue, Suite 1215 Tampa, FL 33607-2356 Resident agents Miami, FL 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 t u 8 > ? C E
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.pdf
  • D. Wells District Director Dallas Office FCC Enforcement Bureau LRB Cc: Mr. Clay Allen Thompson Clay Thompson, Inc. d.b.a. Clay's Little Radio Shop 70503 IH-20 Gordon, TX 76453 Mr. Clay Allen Thompson d.b.a. Clay's Little Radio Shop 3972 Lazy Bend Rd. Millsap, TX 76066-3823 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. �552a(e)(3) See 18 U.S.C. �1001 ! " . 1 3 4 6
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.pdf
  • COMMISSION James D. Wells District Director Dallas Office FCC Enforcement Bureau LRB Cc: Mr. Carl C. Curatola d.b.a. 1 Stop Electronics 27 W054 Roosevelt Rd. Winfield, IL 60190-1603 Federal Communications Commission Park Ridge Office Center, Suite 306 1550 Northwest Highway Park Ridge, IL 60068-1460 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See 47 C.F.R. �� 95.603(c) & 2.803 47 C.F.R. � 95.655(a) 47 C.F.R. � 2.1204(a)(5) revised effective February 28, 2000 47 C.F.R. � 2.815(c) 47 C.F.R. � 2.815(b) See 47 C.F.R. � 1.80(b)(3) � � - / 0 1 2 R Y ] _ ` a � � ` � - � � � � � (R) � � &� � � � 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255963A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255963A1.pdf
  • 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....'' Gene A. Fricke's offer for sale of these devices violates both sections. 4. Section 95.603(c) of the Rules requires that ``[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB) must be certificated.'' Section 95.655(a) of the Rules states that ``[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part 95
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257050A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257050A1.pdf
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. TA's offer for sale of these devices violates both sections. 4. TA 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office, Western Region, Enforcement Bureau SP:sp cc: Sent by regular mail. 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 U.S.C. � 2.803(a)(1) See 47 U.S.C. �� 95.409(a) & 2.925(a) See 47 U.S.C. �� 95.603(c) & 2.803 47 U.S.C. � 95.655(a) 47 U.S.C. � 2.1204(a)(5) revised effective February 28, 2000 See 47 U.S.C. � 1.80(b0(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. � 552a(e)(3) See 18 U.S.C. � 1001 Federal Communications Commission Enforcement Bureau Los Angeles Office 18000 Studebaker Road Suite 660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office, Western Region, Enforcement Bureau SP:sp cc: Sent by regular mail. 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 U.S.C. � 2.803(a)(1) See 47 U.S.C. �� 95.409(a) & 2.925(a) See 47 U.S.C. �� 95.603(c) & 2.803 47 U.S.C. � 95.655(a) 47 U.S.C. � 2.1204(a)(5) revised effective February 28, 2000 See 47 U.S.C. � 1.80(b0(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. � 552a(e)(3) See 18 U.S.C. � 1001 Federal Communications Commission Enforcement Bureau Los Angeles Office 18000 Studebaker Road Suite 660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 U.S.C. � 2.803(a)(1) See 47 U.S.C. �� 95.409(a) & 2.925(a) See 47 U.S.C. �� 95.603(c) & 2.803 47 U.S.C. � 95.655(a) 47 U.S.C. � 2.1204(a)(5) revised effective February 28, 2000 See 47 U.S.C. � 1.80(b0(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. � 552a(e)(3) See 18 U.S.C. � 1001 Federal Communications Commission Enforcement Bureau Los Angeles Office 18000 Studebaker Road Suite 660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 U.S.C. � 2.803(a)(1) See 47 U.S.C. �� 95.409(a) & 2.925(a) See 47 U.S.C. �� 95.603(c) & 2.803 47 U.S.C. � 95.655(a) 47 U.S.C. � 2.1204(a)(5) revised effective February 28, 2000 See 47 U.S.C. � 1.80(b0(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. � 552a(e)(3) See 18 U.S.C. � 1001 Federal Communications Commission Enforcement Bureau Los Angeles Office 18000 Studebaker Road Suite 660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.pdf
  • or willfully false statement made in reply to this notice is punishable by fine or imprisonment. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302(b) 47 U.S.C. � 2.803(a)(1) See 47 U.S.C. �� 95.409(a) & 2.925(a) See 47 U.S.C. �� 95.603(c) & 2.803 47 U.S.C. � 95.655(a) 47 U.S.C. � 2.1204(a)(5) revised effective February 28, 2000 See 47 U.S.C. � 1.80(b0(3) See 47 U.S.C. �� 401, 501, 503, 510 See 47 U.S.C. � 503(b)(5) See Privacy Act of 1974, 5 U.S.C. � 552a(e)(3) See 18 U.S.C. � 1001 Federal Communications Commission Enforcement Bureau Los Angeles Office 18000 Studebaker Road Suite 660
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257375A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257375A1.pdf
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. Eugene Dezanett d.b.a. Pro Class Electronics offered for sale these devices in violation of both sections. Eugene Dezanett d.b.a. Pro Class Electronics marketed these devices as amateur and/or Citizens Band transceivers. The Commission has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are not only amateur radios
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258048A1.pdf
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. TA's offer for sale of these devices violates both sections. 4. TA 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259063A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259063A1.pdf
  • the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 47 U.S.C. � 302a(b). 47 C.F.R. � 2.803(a). See 47 C.F.R. �� 2.907, 2.927(a). 47 C.F.R. � 95.603(c) [FCC 88-256], amended changing ``type acceptance'' to ``certification'' [FCC 98-58]. See also Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at <> (OET, rel. May 13, 1996). 47 C.F.R. � 95.655(a). 47 C.F.R. � 1.80(b) (4). 47 U.S.C. � 503(b)(2)(D). 47 U.S.C. � 503(b). 47 C.F.R. �� 0.111, 0.311, 1.80. See 47 C.F.R. � 1.1914.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260457A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260457A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') has evaluated the Galaxy models at issue here and has determined that these devices could easily be altered for use as CB transceivers. On November 19, 2001, the Portland Office issued a Citation to TravelCenters' retail store in Troutdale,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260949A1.pdf
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. Litchfield's offer for sale of these devices violates both sections. Litchfield marketed these devices as amateur transceivers. The Commission, however, has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are CB transmitters, because they can easily be altered for use as CB devices. A CB transmitter is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262555A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262555A1.pdf
  • 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 ....'' CB transmitters must be pursuant to Section 95.603(c) of the Rules. Mr. Bob Paul d.b.a. LP Electronics' offer for sale of these devices violates both sections. Mr. Bob Paul d.b.a. LP Electronics marketed these devices as amateur and/or Citizen Band transceivers. The Commission has evaluated radiofrequency devices similar to those listed in paragraphs 2 and 3 and concluded that the devices at issue are not only amateur radios
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264046A1.pdf
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. On October 15, 2001, and November 13, 2002, Enforcement Bureau field agents visited two Loves retail outlets in Weatherford and Anna, Texas. At these locations, the stores displayed and offered for sale various models of non-certified CB transceivers marketed as ARS transmitters, including Galaxy models DX33HML and DX99V.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264507A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. 9. On June 28, 2005, the Los Angeles Office issued a Citation to Vance concerning his marketing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264848A1.pdf
  • The letter advised Gambler's that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. In response to a complaint that Gambler's continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's store
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264948A1.pdf
  • The letter advised Gambler's that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. In response to a complaint that Gambler's continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's store
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265629A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265629A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, OET has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers and therefore require certification. The Detroit Office issued GI Joe's a Citation on June 25, 2003, and written warnings on July 21, 2003, concerning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269020A1.pdf
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be ``Amateur Radio Transceivers.'' In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270804A1.pdf
  • COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803(a)(1), 2.815(b), 2.815(c). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270805A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270805A1.pdf
  • COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. �� 2.803(a)(1), 2.815(b), 2.815(c). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270806A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270806A1.pdf
  • FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. � 2.803(a)(1). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272112A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272112A1.pdf
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. Te-Khi's offer for sale of these devices violates both sections. Although Te-Khi marketed these devices as amateur transceivers, the Commission has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are CB transmitters, because they can easily be altered for use as CB devices. A CB transmitter is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273556A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273556A1.pdf
  • 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 ....'' CB transmitters must be pursuant to Section 95.603(c) of the Rules. Mr. Richard Musa DBA Blade Runner Knife Company's offer for sale of these devices violates both sections. Mr. Richard Musa DBA Blade Runner Knife Company marketed these devices as amateur and/or Citizen Band transceivers. The Commission has evaluated radiofrequency devices similar to those listed in paragraphs 2 and concluded that the devices at issue are not only
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275913A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275913A1.pdf
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. � 2.803(a)(1). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275914A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275914A1.pdf
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. � 2.803(a)(1). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275915A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275915A1.pdf
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central Region Enforcement Bureau 47 U.S.C. � 503(b)(5). 47 U.S.C. � 302a(b). 47 C.F.R. � 2.803(a)(1). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. � 95.655(a); 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276378A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276378A1.pdf
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") has evaluated the Galaxy model at issue here and has determined that these devices could easily be altered for use as a CB transceiver. On November 26, 2002, the Denver Office issued a Citation to CB Shop's retail store
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277836A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277836A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated the Galaxy model at issue here and determined that these devices could easily be altered for use as CB transceivers. On February 14, 2007, the Los Angeles Office issued a Citation to Pace for violation of Section 302(b)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281214A1.pdf
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology (``OET'') evaluated the Galaxy Models at issue here and determined that they could easily be altered for use as a CB transceiver. , continued to sell non-certified galaxy CB transceivers. . Therefore, his violation was willful. The violation occurred on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284304A1.pdf
  • COMMUNICATIONS COMMISSION James A. Bridgewater District Director Detroit Office Northeast Region Enforcement Bureau 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. �� 2.803(a)(1), 2.815(b), 2.815(c) See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. 95.655(a); see also Amendment of Part 95, Subpart E, Technical Regulations in the Personal RadioService Rules, Order, 3 FCC Rcd 5032 (1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290028A1.pdf
  • record. FEDERAL COMMUNICATIONS COMMISSION James A. Bridgewater District Director Detroit Office Northeast Region Enforcement Bureau 47 U.S.C. � 503(b)(5) 47 U.S.C. � 302a(b) 47 C.F.R. � 2.803(a)(1) See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. � 95.603(b) (``transmitter that operates or is intended to operate at a station authorized for the CB service''). 47 C.F.R. 95.655(a); see also Amendment of Part 95, Subpart E, Technical Regulations in the Personal RadioService Rules, Order, 3 FCC Rcd 5032 (1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307315A1.pdf
  • the technical regulations. The repeater, (1) was not certified for use under FRS, (2) employed an antenna that was not an integral part of the transmitter, and (3) was measured with a transmitter power output that, if connected to a no gain antenna, would produce an effective radiated power exceeding the 0.5 watt limit. (See 47 C.F.R. �� 95.191, 95.193, 95.603, 95.639(d), and 95.647). The frequency 462.5875 MHz is also available for use under the General Mobile Radio Service (``GMRS''). GMRS is a land mobile radio service available to persons for short-distance two-way communications to facilitate the activities of licensees and their immediate family members. The Irvine Company does not hold a GMRS license and, currently, only individuals are eligible to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-235A1.txt
  • Personal Radio Services are the GMRS (General Mobile Radio Service)-subpart A, the Family Radio Service (FRS)-subpart B, the R/C (Radio Control Radio Service)-subpart C, the CB (Citizens Band Radio Service)-subpart D, the Low Power Radio Service (LPRS)-subpart G, the Wireless Medical Telemetry Service (WMTS)-subpart H, the Medical Implants Communication Service (MICS)-subpart I, and the Multi-Use Radio Service (MURS)--subpart J. Section 95.603 is amended by adding a new paragraph (g) as follows: � 95.603 Certification required. (g) Each Multi-Use Radio Service transmitter (a transmitter that operates or is intended to operate in the MURS) must be certificated in accordance with � 90.203 of this chapter. Section 95.605 is amended by changing the first sentence to read as follows: � 95.605 Certification procedures.
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  • paragraph (f) as follows: � 95.401 (CB Rule 1) What are the Citizens Band Radio Services? * * * * * (f) The Multi-Use Radio Service (MURS) -- a private, two-way, short-distance voice or data communications service for personal or business activities of the general public. The rules for this service are contained in subpart J of this part. Section 95.603 is amended by revising paragraph (g) as follows: � 95.603 Certification required. * * * * * (g) Each Multi-Use Radio Service transmitter (a transmitter that operates or is intended to operate in the MURS) must be certificated in accordance with Subpart J of Part 2 of this chapter, Provided however, that those radio units certificated as of [effective date
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  • edition of OET Bulletin 65. Medical Implant Communications Service. The Medical Implant Communications Service (MICS) authorizes the use of medically implanted transmitters for providing diagnostic and therapeutic information about a patient to health care professionals. We have been made aware of an inconsistency in our rules regarding requirements for MICS transmitters to comply with Commission guidelines on RF exposure. Section 95.603 (47 CFR �95.603) of the Commission's rules requires that applications for equipment authorization of devices operating under this section must include a report showing the results of computational modeling of patient exposure using finite difference time domain (FDTD) techniques. In addition, this rule part states that the Commission may also request the submission of measurement data for Specific Absorption Rate
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  • (requiring certification of Personal Communication Services transmitters); 47 C.F.R. � 27.51 (requiring certification of Miscellaneous Wireless Communications Services transmitters); 47 C.F.R. � 80.203 (requiring certification of maritime-service transmitters, with narrow exceptions); 47 C.F.R. �� 87.145 and 87.147 (requiring certification of Aviation Services transmitters); 47 C.F.R. � 90.203 (requiring certification of Private Land Mobile Radio Service transmitters); and 47 C.F.R. � 95.603 (requiring certification of Personal Radio Service transmitters). See 47 C.F.R. �� 80.203(g), 80.1103(a), 87.145, and 87.147. Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands (Report and Order and Notice of Proposed Rulemaking), FCC 03-15, 18 FCC Rcd 1962 (2003). Id. at �248. Id. Accordingly, the Commission
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  • Service) -- subpart C, the CB (Citizens Band Radio Service) -- subpart D, the Low Power Radio Service (LPRS) -- subpart G, the Wireless Medical Telemetry Service (WMTS) -- subpart H, the Medical Implants Communication Service (MICS) -- subpart I, the Multi-Use Radio Service (MURS) -- subpart J, and Dedicated Short-Range Communications Service On-Board Units (DSRCS-OBUs) - subpart L. Section 95.603 is amended by adding a new paragraph (h) to read as follows: � 95.603 Certification required. * * * * * (h) Each Dedicated Short-Range Communications Service On-Board Unit (DSRCS-OBU) that operates or is intended to operate in the DSRCS (5.850-5.925 GHz) must be certified in accordance with subpart L of this part and subpart J of part 2 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-24A1.txt
  • COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. � 2.939. 47 C.F.R. � 95.631. See 47 C.F.R. � 95.1. 47 C.F.R. � 95.631(a). Under Section 95.631(a), non-voice emissions from GMRS transmitters are limited to selective calling or tone-operated squelch tones to establish or continue voice communications. See also 47 C.F.R. � 95.181(f), (g). 47 C.F.R. � 95.631(f). 47 C.F.R. � 95.603(a). See also 47 C.F.R. � 2.803(a)(1). OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-272A1.txt
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. From December 9, 2001 through May 6, 2003, the Commission received four complaints specifically naming Pilot Travel Centers as marketing non-certified CB transceivers. From August 2001 through September 2002, Enforcement Bureau field agents visited eleven Pilot retail outlets at the following locations: Sulphur Springs, Texas; Dallas, Texas; Weatherford,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-272A1_Erratum.doc
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. From December 9, 2001 through May 6, 2003, the Commission received four complaints specifically naming Pilot Travel Centers as marketing non-certified CB transceivers. From August 2001 through September 2002, Enforcement Bureau field agents visited eleven Pilot retail outlets at the following locations: Sulphur Springs, Texas; Dallas, Texas; Weatherford,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-57A1.txt
  • rules for marketing unapproved radio transmitters. The transmitters in question were marketed as amateur equipment, which is normally exempt from a certification requirement. However, the transmitters had the capability of being easily altered to operate on frequency bands in the Citizen's Band (CB) Radio Service, so the Commission held that they met the definition of a CB transmitter under Section 95.603(c) of the rules, which requires such transmitters to be certified before they can be imported into or marketed within the United States. The equipment being marketed, which complied with all requirements for amateur equipment, was capable at transmitting at power levels well above those permitted for CB transmitters. See 47 C.F.R. � 2.932(e). See 47 C.F.R. � 2.1043(b)(3). See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.txt
  • be applied to body-worn and implanted antennae. We also seek comment on Medtronic's proposed definition of a body-worn transmitter as one ``intended to be placed on or in very close proximity (six centimeters or less) to the human body used to facilitate communications from a medical body-worn or implanted device. We note that Medtronic requests that we also amend Section 95.603(f) of the rules in order to provide manufacturers with an alternative means of demonstrating compliance with the Commission's RF safety exposure limits for their medical implant devices. We do not discuss this issue herein because we believe that it is more appropriate to address it in the context of our ongoing RF safety proceeding (ET Docket No. 03-137) that anticipates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-53A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-53A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-53A1.txt
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. As a result of agent inspections of Pilot retail stores from December 2, 1999 to September 6, 2002, Enforcement Bureau Field Offices issued nine Citations to Pilot for marketing non-certified CB transmitters. Pilot's responses to the Citations essentially stated that the radios in question were marketed as amateur
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-49A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-49A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-49A1.txt
  • be marketed within the United States unless they have been tested and found to comply with Commission technical requirements, granted Commission certification and properly labeled. ``Marketing'' includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. Section 95.603(c) of the Rules provides that ``[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB [service]) must be certificated.'' Section 95.655(a) of the Rules states that ``[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-66A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-66A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-66A1.txt
  • rules for marketing unapproved radio transmitters. The transmitters in question were marketed as amateur equipment, which is normally exempt from a certification requirement. However, the transmitters had the capability of being easily altered to operate on frequency bands in the Citizen's Band (CB) Radio Service, so the Commission held that they met the definition of a CB transmitter under Section 95.603(c) of the rules, which requires such transmitters to be certified before they can be imported into or marketed within the United States. The equipment being marketed, which complied with all requirements for amateur equipment, was capable at transmitting at power levels well above those permitted for CB transmitters. The RFA, see 5 U.S.C � 601-612, has been amended by the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-23A1.txt
  • Radio Service)-subpart A, the Family Radio Service (FRS)-subpart B, the R/C (Radio Control Radio Service)-subpart C, the CB (Citizens Band Radio Service)-subpart D, the Low Power Radio Service (LPRS)-subpart G, the Wireless Medical Telemetry Service (WMTS)-subpart H, the Medical Device Radiocommunication Service (MedRadio)-subpart I, the Multi-Use Radio Service (MURS)-subpart J, and Dedicated Short-Range Communications Service On-Board Units (DSRCS-OBUs)-subpart L. Section 95.603 is amended by revising paragraph (f) to read as follows: 95.603 Certification required. * * * * * (f) Each Medical Device Radiocommunication Service (MedRadio) transmitter (a transmitter that operates or is intended to operate in the MedRadio service) must be certificated except for such transmitters that are not marketed for use in the United States, but which otherwise comply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-57A1.txt
  • ANSI/IEEE C95.1-1992, Copyright 1992 by the Institute of Electrical and Electronics Engineers, Inc., New York, New York 10017. See �2.1093 (d). Proposed Changes in the Commission's Rules Regarding Human Exposure to Radiofrequency Electromagnetic Fields, ET Docket No. 03-137, Notice of Proposed Rule Making, 18 FCC Rcd 13187 (2003), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-132A1.doc. See 47 C.F.R. � 95.1221 See 47 C.F.R. � 95.603. As proposed above, only non-implanted MBAN devices would be allowed. See 47 C.F.R. � 95.1207. For example, under the MedRadio rules, each transmitter must include a statement that ``This transmitter is authorized by rule under the MedRadio Service. This transmitter must not cause harmful interference to stations authorized to operate on a primary basis in the 2360-2400 MHz band, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
  • 95.418 95.323 Emergency use (CB) 95.419 95.325 Remote control (CB) 95.420 95.327 Telephone interconnect (CB) 95.421 95.15 Penalties (CB) 95.422 95.13 Response to FCC (CB) 95.423 Removed Interference (CB) 95.424 Removed Servicing CB equipment 95.425 95.33 Changes to CB transmitter 95.426 95.11 Station inspection (CB) 95.427 95.11 Station records (CB) 95.428 95.17 Contacting FCC (CB) 95.601 95.1 Basis and Purpose 95.603 95.33 Equipment certification required 95.605 95.33 Equipment certification procedures 95.607 95.33 CB transmitter modification 95.621 95.37, 95.103 GMRS channel frequencies 95.623 95.205 R/C channel frequencies 95.625 95.307 CB channel frequencies 95.627 95.403 FRS channel frequencies 95.628 95.715 Medradio transmitters 95.629 95.503 LPRS channel frequencies 95.630 95.603 WMTS channel frequencies 95.631 95.41 Emission types 95.632 95.803 MURS channel frequencies 95.633 95.39
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • of any individual transmitter may differ from the assigned reference frequency as a result of variations in the manufacturing process. Frequency stability standards specify the maximum allowable amount that the transmit frequency of any transmitter may change during operation as a result of changes in the ambient temperature and/or power supply voltage. 26See 47 C.F.R. Part 2 Subpart J, �� 95.603, 95.605, 95.1109. 27A transmitter is an apparatus that converts electrical energy receivedfrom a source into radio frequency energy capable of being radiated. 47 C.F.R. � 95.601. 28See 47 C.F.R. � 2.1 for definitions of the various power designations. 2947 C.F.R. Part 95 Subpart E; seeRevision of Operating Rules for Class D Stations in the Citizens Radio Service, Docket No. 20120,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-176A1.txt
  • are used within 20 cm of the body of the user. See 47 C.F.R. �� 2.1091. Section 2.1091 defines ``mobile devices'' as devices other than those to be operated at a fixed location and are used more than 20 cm away from the body of the user. NPRM at 3458-59 paras. 50-55; 47 C.F.R. �� 95.1203-07, 95.1215-19. 47 C.F.R. � 95.603(f). 47 C.F.R. �� 95.1203, 95.1205. CB radio operation is operation is permitted in any area of the world where radio services are regulated by the Commission. 47 C.F.R. � 95.405. 47 C.F.R. � 95.1207. For MMNs this provision will apply only to programmer/control transmitters. See NPRM at 3458 para. 53; 47 C.F.R. � 95.1215. See NPRM at 3459 para. 54;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A1.txt
  • MBAN transmitters should be required to be marketed and sold only for the permissible communications we allow for the service. These provisions allow for the deployment and operation of existing MedRadio devices in a consistent and predictable manner, and we conclude that they will do the same for MBAN equipment. We therefore will apply the existing MedRadio provisions in Sections 95.603(f), 95.605, 95.1215, 95.1217, and 95.1219 of our rules to MBAN operations, modified as necessary to refer to MBAN devices and their associated frequency bands. Although no commenter specifically addressed this issue, we note that the certification requirement in Section 95.603(f) of the rules does not apply to transmitters that are not marketed for use in the United States, but are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-215A1.pdf
  • Services must comply. They also provide requirements for obtaining type acceptance of such transmitters. The Personal Radio Services are the GMRS (General Mobile Radio Service), the Family Radio Service (FRS), the R/C (Radio Control Radio Service), and the CB (Citizens Band Radio Service). For operating rules, see Part 95, subpart A-GMRS; subpart B-FRS; subpart C-R/C: and subpart D-CB. 5. Section 95.603 is amended by revising the heading and adding paragraph (d) to read as follows: � 95.603 Type acceptance or certification required. (d) Each FRS unit (a transmitter that operates or is intended to operate in the FRS) must be certified for use in the FRS in accordance with Subpart J of Part 2 of this chapter. 6. Section 95.605 is
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1704A1.html
  • it appear in person or by attorney at the prehearing conference held on April 7, 2004. 8 See 47 C.F.R. 95.1. 9 47 C.F.R. 95.631(a). That provision limits non-voice emissions from GMRS transmitters to selective calling or tone- operated squelch tones to establish or continue voice communications. See also 47 C.F.R. 95.181(f), (g). 10 47 C.F.R. 95.631(f). 11 47 C.F.R. 95.603(a). See also 47 C.F.R. 2.803(a)(1). 12 OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. 13 Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth.
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-24A1.html
  • COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 2.939. 2 47 C.F.R. 95.631. 3 See 47 C.F.R. 95.1. 4 47 C.F.R. 95.631(a). Under Section 95.631(a), non-voice emissions from GMRS transmitters are limited to selective calling or tone-operated squelch tones to establish or continue voice communications. See also 47 C.F.R. 95.181(f), (g). 5 47 C.F.R. 95.631(f). 6 47 C.F.R. 95.603(a). See also 47 C.F.R. 2.803(a)(1). 7 OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. 8 Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth.
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-272A1.html
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation.11 5. From December 9, 2001 through May 6, 2003, the Commission received four complaints specifically naming Pilot Travel Centers as marketing non-certified CB transceivers. From August 2001 through September 2002, Enforcement Bureau field agents visited eleven Pilot retail outlets at the following locations: Sulphur Springs, Texas; Dallas, Texas;
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2069A1.html
  • unfair to receive a forfeiture for following staff directions. Finally, Hightech states that it posted a sign in its shop that stated Amateur equipment requires a license and that it is illegal to modify the radios to operate on CB frequencies. 12. As described in detail above, the Commission adopted Rules determining that the definition of ``CB transmitter'' in Section 95.603(c) of the Rules includes radios ``intended to operate at a station authorized in the CB.'' OET and the Office of General Counsel for the Commission (``OGC'') have clarified that this definition includes ARS radios that can be easily modified to operate on CB frequencies. OGC has stated that transmitters that ``have a built-in capability to operate on CB frequencies and
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3125A1.html
  • Act. It also argues that the Commission failed to define what ``easily modifiable'' means and that such language is unconstitutionally vague. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. 9. We reject Hightech's arguments and deny its petition for reconsideration. Section 95.603(c) of the Rules states that a CB transmitter is a ``transmitter that operates or is intended to operate at a station authorized in the CB'' and that such transmitters must be certificated.13 The Office of General Counsel (``OGC'') subsequently clarified that ARS transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1334A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated the Galaxy models at issue here and determined that these devices could easily be altered for use as CB transceivers. 10. TravelCenters argues that the Galaxy transceivers that it offered for sale are ARS transmitters, which do not
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1936A1.html
  • "easily modifiable" means and that such language is unconstitutionally vague. It also states that whether modifications are easy to implement depend upon the individual's skills and experience. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. 14. We reject Loves' arguments. Section 95.603(c) of the Rules states that a CB transmitter is a "transmitter that operates or is intended to operate at a station authorized in the CB" and that such transmitters must be certificated. The Office of General Counsel ("OGC") subsequently clarified that ARS transmitters that "have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2549A1.html
  • The letter advised Gambler that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. 5. In response to a complaint that Gambler continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-53A1.html
  • ("OGC") later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that "have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. 5. As a result of agent inspections of Pilot retail stores from December 2, 1999 to September 6, 2002, Enforcement Bureau Field Offices issued nine Citations to Pilot for marketing non-certified CB transmitters. Pilot's responses to the Citations essentially stated that the radios in question were marketed as
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. 10. In his Response, counsel for Vance indicated that he was unable to open his copy of
• http://transition.fcc.gov/eb/Orders/2007/DA-07-881A1.html
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." 4. In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-49A1.html
  • marketed within the United States unless they have been tested and found to comply with Commission technical requirements, granted Commission certification and properly labeled. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. 4. Section 95.603(c) of the Rules provides that "[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB [service]) must be certificated." Section 95.655(a) of the Rules states that "[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part
• http://transition.fcc.gov/eb/Orders/2008/DA-08-597A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated Galaxy Model DX99V here and determined that it could easily be altered for use as a CB transceiver. 10. CB Shop argues that the Galaxy DX99V transceiver does not require Commission certification (type acceptance) because it is not
• http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
  • � 90.417 - Interstate Communication Ricardo Gamboa, WPLX989. Houston, TX Resident Agent Office (6/12/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000887.doc
  • H'' to read as follows: * * * The Personal Radio Services are the GMRS (General Mobile Radio Service)-subpart A, the Family Radio Service (FRS)-subpart B, the R/C (Radio Control Radio Service)-subpart C, the CB (Citizens Band Radio Service)-subpart D, the Low Power Radio Service (LPRS)-subpart G, and the Medical Implant Communications Service (MICS)-subpart I. 4. Paragraph (g) of Section 95.603 is corrected by redesignating it as paragraph (f). 5. Section 95.605 is corrected by deleting the reference to ``MURS'' to read as follows: Any entity may request certification for its transmitter when the transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or MICS following the procedures in part 2 of this chapter. Medical implant transmitters shall be tested
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • Personal Radio Services are the GMRS (General Mobile Radio Service)-subpart A, the Family Radio Service (FRS)-subpart B, the R/C (Radio Control Radio Service)-subpart C, the CB (Citizens Band Radio Service)-subpart D, the Low Power Radio Service (LPRS)-subpart G, the Wireless Medical Telemetry Service (WMTS)-subpart H, the Medical Implants Communication Service (MICS)-subpart I, and the Multi-Use Radio Service (MURS)--subpart J. Section 95.603 is amended by adding a new paragraph (g) as follows: � 95.603 Certification required. (g) Each Multi-Use Radio Service transmitter (a transmitter that operates or is intended to operate in the MURS) must be certified in accordance with � 90.203 of this chapter. Section 95.605 is amended by changing the first sentence to read as follows: � 95.605 Certification procedures.
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-238992A1.html
  • 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:Mr. David P. Pace, Jr. d.b.a. Pacetronics Pace Marketing P.O. Box 631207 Nacogdoches, TX 75963 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238992A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-243044A1.html
  • 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:Mr. Jonathan Edward Stone d.b.a. Omnitronics Pacetronics 4430 State Hwy 315 Carthage, TX 75633 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243044A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243044A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-244171A1.html
  • the U.S. Code.12 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) 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 7 47 C.F.R. 2.815(c) 8 47 C.F.R. 2.815(b) 9 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 P.L. 93-579, 5 U.S.C. 552a(e)(3) 12 18 U.S.C. 1001 et seq. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244171A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244171A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246125A1.html
  • 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246125A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246125A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246339A1.html
  • 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 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 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. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246339A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246339A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-249275A1.html
  • 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 Daniel W. Noel District Director New York 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) 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 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. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249275A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249275A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-251001A1.html
  • 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:Mr. Brandon Smith Mr. John Jackson d.b.a. Wholesale CB Radio 1032 Birch Sand Springs, OK 74063 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251001A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-253693A1.html
  • COMMISSION James D. Wells District Director - Dallas Office LRB cc:Federal Communications Commission Park Ridge Office Center, Suite 306 1550 Northwest Highway Park Ridge, IL 60068-1460 Chester J. Massie, Jr. H and Y Electrical Supply Company, Inc. P.O. Box 39322 Louisville, KY 40233 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253693A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254041A1.html
  • Total Communications CB Radio Trader P.O. Box 761 Wilburton, OK 74578 Mr. Jason F. Lawrence, KC5YEB Total Communications CB Radio Trader Rt. 2, Box 94 Wilburton, OK 74578-9615 Mr. Jason F. Lawrence Total Communications CB Radio Trader 1210 Battles Rd Wilburton, OK 74578 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254041A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254042A1.html
  • CB's, Inc. 1205 Whitney St West Palm Beach, FL 33401-6861 Mr. Andy Beckman Pink Lightning Chrome & CB's Chrome Helmet Music 526 Smith Ln Tullahoma, TN 37388 Federal Communications Commission 2203 N. Lois Avenue, Suite 1215 Tampa, FL 33607-2356 Resident agents Miami, FL _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254042A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-254259A1.html
  • D. Wells District Director Dallas Office FCC Enforcement Bureau LRB Cc:Mr. Clay Allen Thompson Clay Thompson, Inc. d.b.a. Clay's Little Radio Shop 70503 IH-20 Gordon, TX 76453 Mr. Clay Allen Thompson d.b.a. Clay's Little Radio Shop 3972 Lazy Bend Rd. Millsap, TX 76066-3823 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254259A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255239A1.html
  • COMMISSION James D. Wells District Director Dallas Office FCC Enforcement Bureau LRB Cc:Mr. Carl C. Curatola d.b.a. 1 Stop Electronics 27 W054 Roosevelt Rd. Winfield, IL 60190-1603 Federal Communications Commission Park Ridge Office Center, Suite 306 1550 Northwest Highway Park Ridge, IL 60068-1460 _________________________ 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 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 See 47 C.F.R. 1.80(b)(3) 10 See 47 U.S.C. 401, 501, 503, 510 11 See 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 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255239A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255963A1.html
  • 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....'' Gene A. Fricke's offer for sale of these devices violates both sections. 4. Section 95.603(c) of the Rules requires that ``[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB) must be certificated.'' Section 95.655(a) of the Rules states that ``[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part 95
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257050A1.html
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules.4 TA's offer for sale of these devices violates both sections. 4. TA 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257051A1.html
  • required13. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.14 FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office, Western Region, Enforcement Bureau SP:sp cc: Sent by regular mail. _________________________ 1 47 U.S.C. 503(b)(5) 2 3 4 See 47 U.S.C. 95.409(a) & 2.925(a) 2 3 7 See 47 U.S.C. 95.603(c) & 2.803 8 47 U.S.C. 95.655(a) 9 47 U.S.C. 2.1204(a)(5) revised effective February 28, 2000 10 See 47 U.S.C. 1.80(b0(3) 11 See 47 U.S.C. 401, 501, 503, 510 12 See 47 U.S.C. 503(b)(5) 13 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3) 14 See 18 U.S.C. 1001 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257051A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257052A1.html
  • required13. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.14 FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office, Western Region, Enforcement Bureau SP:sp cc: Sent by regular mail. _________________________ 1 47 U.S.C. 503(b)(5) 2 3 4 See 47 U.S.C. 95.409(a) & 2.925(a) 2 3 7 See 47 U.S.C. 95.603(c) & 2.803 8 47 U.S.C. 95.655(a) 9 47 U.S.C. 2.1204(a)(5) revised effective February 28, 2000 10 See 47 U.S.C. 1.80(b0(3) 11 See 47 U.S.C. 401, 501, 503, 510 12 See 47 U.S.C. 503(b)(5) 13 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3) 14 See 18 U.S.C. 1001 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257052A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257053A1.html
  • required13. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.14 FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. _________________________ 1 47 U.S.C. 503(b)(5) 2 3 4 See 47 U.S.C. 95.409(a) & 2.925(a) 2 3 7 See 47 U.S.C. 95.603(c) & 2.803 8 47 U.S.C. 95.655(a) 9 47 U.S.C. 2.1204(a)(5) revised effective February 28, 2000 10 See 47 U.S.C. 1.80(b0(3) 11 See 47 U.S.C. 401, 501, 503, 510 12 See 47 U.S.C. 503(b)(5) 13 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3) 14 See 18 U.S.C. 1001 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257053A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257054A1.html
  • required13. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.14 FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. _________________________ 1 47 U.S.C. 503(b)(5) 2 3 4 See 47 U.S.C. 95.409(a) & 2.925(a) 2 3 7 See 47 U.S.C. 95.603(c) & 2.803 8 47 U.S.C. 95.655(a) 9 47 U.S.C. 2.1204(a)(5) revised effective February 28, 2000 10 See 47 U.S.C. 1.80(b0(3) 11 See 47 U.S.C. 401, 501, 503, 510 12 See 47 U.S.C. 503(b)(5) 13 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3) 14 See 18 U.S.C. 1001 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257054A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257055A1.html
  • required13. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.14 FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles Field Office Western Region Enforcement Bureau SP:sp cc: Sent by regular mail. _________________________ 1 47 U.S.C. 503(b)(5) 2 3 4 See 47 U.S.C. 95.409(a) & 2.925(a) 2 3 7 See 47 U.S.C. 95.603(c) & 2.803 8 47 U.S.C. 95.655(a) 9 47 U.S.C. 2.1204(a)(5) revised effective February 28, 2000 10 See 47 U.S.C. 1.80(b0(3) 11 See 47 U.S.C. 401, 501, 503, 510 12 See 47 U.S.C. 503(b)(5) 13 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3) 14 See 18 U.S.C. 1001 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257055A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257375A1.html
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules.4 Eugene Dezanett d.b.a. Pro Class Electronics offered for sale these devices in violation of both sections. 4. Eugene Dezanett d.b.a. Pro Class Electronics marketed these devices as amateur and/or Citizens Band transceivers. The Commission has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are not only amateur
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-258048A1.html
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules.4 TA's offer for sale of these devices violates both sections. 4. TA 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-259063A1.html
  • under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 947 U.S.C. 302a(b). 1047 C.F.R. 2.803(a). 11See 47 C.F.R. 2.907, 2.927(a). 1247 C.F.R. 95.603(c) [FCC 88-256], amended changing ``type acceptance'' to ``certification'' [FCC 98-58]. See also Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996 WL 242469, available at > (OET, rel. May 13, 1996). 1347 C.F.R. 95.655(a). 1447 C.F.R. 1.80(b) (4). 1547 U.S.C. 503(b)(2)(D). 1647 U.S.C. 503(b). 1747 C.F.R. 0.111, 0.311, 1.80. 18See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259063A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259063A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-260457A1.html
  • General Counsel (``OGC'') released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that ``have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation.17 Additionally, the Commission's Office of Engineering and Technology (``OET'') has evaluated the Galaxy models at issue here and has determined that these devices could easily be altered for use as CB transceivers. 9. On November 19, 2001, the Portland Office issued a Citation to TravelCenters' retail store in
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-260949A1.html
  • 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....'' CB transmitters must be certified pursuant to Section 95.603(c) of the Rules.4 Litchfield's offer for sale of these devices violates both sections. 4. Litchfield marketed these devices as amateur transceivers. The Commission, however, has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are CB transmitters, because they can easily be altered for use as CB devices. A CB transmitter
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-262555A1.html
  • 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 ....'' CB transmitters must be pursuant to Section 95.603(c) of the Rules.4 Mr. Bob Paul d.b.a. LP Electronics' offer for sale of these devices violates both sections. 5. Mr. Bob Paul d.b.a. LP Electronics marketed these devices as amateur and/or Citizen Band transceivers. The Commission has evaluated radiofrequency devices similar to those listed in paragraphs 2 and 3 and concluded that the devices at issue are not only amateur
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-264046A1.html
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation.11 6. On October 15, 2001, and November 13, 2002, Enforcement Bureau field agents visited two Loves retail outlets in Weatherford and Anna, Texas. At these locations, the stores displayed and offered for sale various models of non-certified CB transceivers marketed as ARS transmitters, including Galaxy models DX33HML and
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-264507A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. 9. On June 28, 2005, the Los Angeles Office issued a Citation to Vance concerning his marketing
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-264848A1.html
  • The letter advised Gambler's that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. 5. In response to a complaint that Gambler's continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-264948A1.html
  • The letter advised Gambler's that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. 5. In response to a complaint that Gambler's continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-265629A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, OET has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers and therefore require certification. 13. The Detroit Office issued GI Joe's a Citation on June 25, 2003, and written warnings on July 21, 2003,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269020A1.html
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." 4. In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270804A1.html
  • COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 U.S.C. S 503(b)(5). 47 U.S.C. S 302a(b). 47 C.F.R. SS 2.803(a)(1), 2.815(b), 2.815(c). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270805A1.html
  • COMMISSION James D. Wells District Director, Dallas Office South Central Region Enforcement Bureau 47 U.S.C. S 503(b)(5). 47 U.S.C. S 302a(b). 47 C.F.R. SS 2.803(a)(1), 2.815(b), 2.815(c). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270806A1.html
  • FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office South Central 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). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-272112A1.html
  • 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...." CB transmitters must be certified pursuant to Section 95.603(c) of the Rules. Te-Khi's offer for sale of these devices violates both sections. 4. Although Te-Khi marketed these devices as amateur transceivers, the Commission has evaluated radio frequency devices similar to those listed in paragraph 2 and concluded that the devices at issue are CB transmitters, because they can easily be altered for use as CB devices. A CB transmitter
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-273556A1.html
  • 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 ...." CB transmitters must be pursuant to Section 95.603(c) of the Rules. Mr. Richard Musa DBA Blade Runner Knife Company's offer for sale of these devices violates both sections. 4. Mr. Richard Musa DBA Blade Runner Knife Company marketed these devices as amateur and/or Citizen Band transceivers. The Commission has evaluated radiofrequency devices similar to those listed in paragraphs 2 and concluded that the devices at issue are not
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-275913A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central 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). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S: 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-275914A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central 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). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S: 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-275915A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office South Central 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). See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. S: 95.655(a); 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-276378A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") has evaluated the Galaxy model at issue here and has determined that these devices could easily be altered for use as a CB transceiver. 9. On November 26, 2002, the Denver Office issued a Citation to CB Shop's retail
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-277836A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated the Galaxy model at issue here and determined that these devices could easily be altered for use as CB transceivers. 9. On February 14, 2007, the Los Angeles Office issued a Citation to Pace for violation of Section
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-281214A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated the Galaxy Models at issue here and determined that they could easily be altered for use as a CB transceiver. 9. On February 23, 2007, the Portland Office issued a Citation to Kersnowski for violation of Section 302(b)
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-284304A1.html
  • 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:S: 2.803(a)(1), 2.815(b), 2.815(c) See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. 95.655(a); see also Amendment of Part 95, Subpart E, Technical Regulations in the Personal RadioService Rules, Order, 3 FCC Rcd 5032 (1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id.,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290028A1.html
  • record. 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) See Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC, 1999). See also definition of CB transmitter, 47 C.F.R. S: 95.603(b) ("transmitter that operates or is intended to operate at a station authorized for the CB service"). 47 C.F.R. 95.655(a); see also Amendment of Part 95, Subpart E, Technical Regulations in the Personal RadioService Rules, Order, 3 FCC Rcd 5032 (1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id.,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-307315A1.html
  • the technical regulations. The repeater, (1) was not certified for use under FRS, (2) employed an antenna that was not an integral part of the transmitter, and (3) was measured with a transmitter power output that, if connected to a no gain antenna, would produce an effective radiated power exceeding the 0.5 watt limit. (See 47 C.F.R. S:S: 95.191, 95.193, 95.603, 95.639(d), and 95.647). The frequency 462.5875 MHz is also available for use under the General Mobile Radio Service ("GMRS"). GMRS is a land mobile radio service available to persons for short-distance two-way communications to facilitate the activities of licensees and their immediate family members. The Irvine Company does not hold a GMRS license and, currently, only individuals are eligible to
• http://www.fcc.gov/eb/Orders/2004/DA-04-1704A1.html
  • it appear in person or by attorney at the prehearing conference held on April 7, 2004. 8 See 47 C.F.R. 95.1. 9 47 C.F.R. 95.631(a). That provision limits non-voice emissions from GMRS transmitters to selective calling or tone- operated squelch tones to establish or continue voice communications. See also 47 C.F.R. 95.181(f), (g). 10 47 C.F.R. 95.631(f). 11 47 C.F.R. 95.603(a). See also 47 C.F.R. 2.803(a)(1). 12 OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. 13 Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth.
• http://www.fcc.gov/eb/Orders/2004/FCC-04-24A1.html
  • COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 2.939. 2 47 C.F.R. 95.631. 3 See 47 C.F.R. 95.1. 4 47 C.F.R. 95.631(a). Under Section 95.631(a), non-voice emissions from GMRS transmitters are limited to selective calling or tone-operated squelch tones to establish or continue voice communications. See also 47 C.F.R. 95.181(f), (g). 5 47 C.F.R. 95.631(f). 6 47 C.F.R. 95.603(a). See also 47 C.F.R. 2.803(a)(1). 7 OET originally granted J Communications' Application for Equipment Authorization (FCC Form 731) for its GMRS radios on May 2, 2001. OET reissued the certification on March 20, 2002, after testing the device in accordance with its post-grant sampling program. 8 Emissions are designated by an alphanumeric code according to their classification and necessary bandwidth.
• http://www.fcc.gov/eb/Orders/2004/FCC-04-272A1.html
  • (``OGC'') later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire'' fall within the definition of ``CB transmitter'' under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation.11 5. From December 9, 2001 through May 6, 2003, the Commission received four complaints specifically naming Pilot Travel Centers as marketing non-certified CB transceivers. From August 2001 through September 2002, Enforcement Bureau field agents visited eleven Pilot retail outlets at the following locations: Sulphur Springs, Texas; Dallas, Texas;
• http://www.fcc.gov/eb/Orders/2005/DA-05-2069A1.html
  • unfair to receive a forfeiture for following staff directions. Finally, Hightech states that it posted a sign in its shop that stated Amateur equipment requires a license and that it is illegal to modify the radios to operate on CB frequencies. 12. As described in detail above, the Commission adopted Rules determining that the definition of ``CB transmitter'' in Section 95.603(c) of the Rules includes radios ``intended to operate at a station authorized in the CB.'' OET and the Office of General Counsel for the Commission (``OGC'') have clarified that this definition includes ARS radios that can be easily modified to operate on CB frequencies. OGC has stated that transmitters that ``have a built-in capability to operate on CB frequencies and
• http://www.fcc.gov/eb/Orders/2005/DA-05-3125A1.html
  • Act. It also argues that the Commission failed to define what ``easily modifiable'' means and that such language is unconstitutionally vague. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. 9. We reject Hightech's arguments and deny its petition for reconsideration. Section 95.603(c) of the Rules states that a CB transmitter is a ``transmitter that operates or is intended to operate at a station authorized in the CB'' and that such transmitters must be certificated.13 The Office of General Counsel (``OGC'') subsequently clarified that ARS transmitters that ``have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://www.fcc.gov/eb/Orders/2006/DA-06-1334A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated the Galaxy models at issue here and determined that these devices could easily be altered for use as CB transceivers. 10. TravelCenters argues that the Galaxy transceivers that it offered for sale are ARS transmitters, which do not
• http://www.fcc.gov/eb/Orders/2006/DA-06-1936A1.html
  • "easily modifiable" means and that such language is unconstitutionally vague. It also states that whether modifications are easy to implement depend upon the individual's skills and experience. Finally, it claims that almost all ARS radios may be modified to operate on CB frequencies and, thus, the Commission effectively subjected all ARS radios to certification. 14. We reject Loves' arguments. Section 95.603(c) of the Rules states that a CB transmitter is a "transmitter that operates or is intended to operate at a station authorized in the CB" and that such transmitters must be certificated. The Office of General Counsel ("OGC") subsequently clarified that ARS transmitters that "have a built-in capability to operate on CB frequencies and can easily be altered to activate
• http://www.fcc.gov/eb/Orders/2006/DA-06-2549A1.html
  • The letter advised Gambler that the devices referred to in the Citation are intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." Gambler's attorney sent a third letter, dated May 22, 2004, stating his continued disagreement with the position set forth in the Citation. 5. In response to a complaint that Gambler continued to sell non-FCC certified CB transceivers, an agent from the Detroit Office visited Gambler's
• http://www.fcc.gov/eb/Orders/2006/FCC-06-53A1.html
  • ("OGC") later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that "have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. 5. As a result of agent inspections of Pilot retail stores from December 2, 1999 to September 6, 2002, Enforcement Bureau Field Offices issued nine Citations to Pilot for marketing non-certified CB transmitters. Pilot's responses to the Citations essentially stated that the radios in question were marketed as
• http://www.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") has evaluated the models at issue here and has determined that these devices could easily be altered for use as CB transceivers. 10. In his Response, counsel for Vance indicated that he was unable to open his copy of
• http://www.fcc.gov/eb/Orders/2007/DA-07-881A1.html
  • acceptance. On May 11, 2006, the Tampa Office responded that the models were intended for use on CB as well as ARS frequencies because they have built-in design features which facilitate their operation on CB frequencies by the exercise of simple, end-user accessible modifications to the devices. Accordingly, the letter advised, such devices are considered CB transmitters pursuant to Section 95.603(c) of the Rules, irrespective of any labeling purporting the devices to be "Amateur Radio Transceivers." 4. In a response dated May 16, 2006, Mr. Metzger stated he removed the Connex and Galaxy radios mentioned in the Citation from his store, the 1 Stop CB Shop. On June 6, 2006, the Tampa Office received a letter from his attorney, which requested
• http://www.fcc.gov/eb/Orders/2007/FCC-07-49A1.html
  • marketed within the United States unless they have been tested and found to comply with Commission technical requirements, granted Commission certification and properly labeled. "Marketing" includes the sale or lease, offer for sale or lease (including advertising for sale or lease), importing, shipping, and/or distribution for the purpose of selling or leasing or offering for sale or lease. 4. Section 95.603(c) of the Rules provides that "[e]ach CB transmitter (a transmitter that operates or is intended to operate at a station authorized in the CB [service]) must be certificated." Section 95.655(a) of the Rules states that "[n]o transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not [authorized for CB in Part
• http://www.fcc.gov/eb/Orders/2008/DA-08-597A1.html
  • General Counsel ("OGC") released a letter on the importation and marketing of ARS transmitters, which clarified that transmitters that "have a built-in capacity to operate on CB frequencies and can easily be altered to activate that capacity, such as by moving or removing a jumper plug or cutting a single wire" fall within the definition of "CB transmitter" under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. Additionally, the Commission's Office of Engineering and Technology ("OET") evaluated Galaxy Model DX99V here and determined that it could easily be altered for use as a CB transceiver. 10. CB Shop argues that the Galaxy DX99V transceiver does not require Commission certification (type acceptance) because it is not
• http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
  • � 90.417 - Interstate Communication Ricardo Gamboa, WPLX989. Houston, TX Resident Agent Office (6/12/01). 47 C.F.R. Part 95 - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent
• http://www.fcc.gov/pshs/docs/clearinghouse/references/cert-frs-gmrs-faq.doc
  • common practice among REACT groups across the United States. "Can the local jurisdiction issue GMRS radios to volunteers." Only if those volunteers are licensed in the GMRS. This would preclude issuing radios for practice drills unless every user is licensed in the GMRS. Any radios issued to volunteers must also be radios approved for use in the GMRS. (FCC R&R 95.603, 95.129) The licensed operator of that radio is also responsible for the proper operation of that radio. "What is the most efficient way to use my radios before, during, and after an emergency?" Plan ahead, use appropriate identifiers (tactical call signs, first names) so you know who is who, agree on a communications protocol and relay mechanism for your neighborhood.