In article , Dave VanHorn says...


"PowerHouse CB & Scanner" wrote in
message ...

"JJ" wrote in message
...

The subject line of this thread is incorrect, amps were never legal on
cb and still aren't. This FCC ruling applies only to amateur radio,
nothing changes for cb.


That's not totally true... It would make it even easier for a CB operator
to acquire one... Doesn't change the legality, just makes it easier...

Then again, if they were running quality amps with real output filters,
maybe there would be less problems.. Still illegal as all hell, but cleaner
anyway.


Screw the FCC they are powerless anyway.

"WA3MOJ" wrote in message
...
In article ItKdnY47WLra_RPdRVn-

Screw the FCC they are powerless anyway.
\

Like this? They're hittin' those guys more and more. LOL!
J


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



In the Matter of )
)
Gambler's C.B. & Ham Radio Sales & Service ) File No.
EB-04-DT-225
)
Pinconning, Michigan ) Citation No.
C20043236004 )

CITATION
Released: April 13,
2004


By the Enforcement Bureau, Detroit Office:

1. This is an official Citation issued pursuant to Section
503((5) of the Communications Act of 1934, as amended
(``Act''),1 to Gambler's C.B. & Ham Radio Sales & Service
(``Gambler's'') for violation of Section 302( of the Act,2
and Sections 2.803(a)(1) and 2.815( of the Commission's
Rules (``Rules'').3

2. On April 9, 2004, Gambler's offered for sale at their
store located at 4671 North Huron Road, Pinconning,
Michigan, the following non-certified Citizens Band (``CB'')
transceivers:

NAME MODEL COST
Ranger RCI 2970 DX
$449.95
Ranger RCI 2980 WX
$449.95
Ranger RCI 2985 DX
$479.95
Ranger RCI 6300 F
$329.95
Galaxy DX33HML $198.95
Galaxy DX48T
$419.95
Galaxy DX66V
$279.95

According to the Commission's records, these devices have not
received an FCC equipment authorization which is required for
Citizens Band transmitters marketed in the United States.

3. Section 302( of the Act provides ``No person shall
manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated pursuant
to this section.'' Section 2.803(a)(1) of the Rules
provides that ``... no person shall sell or lease, or offer
for sale or lease (including advertising for sale or lease),
or import, ship or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency
device unless: (1) In the case of a device subject to
certification, such device has been authorized by the
Commission in accordance with the rules in this chapter and
is properly identified and labeled....'' Gambler's offer
for sale of these devices violates both sections.

4. Gambler's marketed these devices as amateur
transceivers. The Commission has evaluated radiofrequency
devices similar to those listed in paragraph 2 and concluded
that the devices at issue are not only amateur radios but
can easily be altered for use as CB devices as well. A CB
transmitter is a transmitter that operates or is intended to
operate at a station authorized for the CB service, and it
must be certificated by the FCC prior to marketing or
importation.4 The Commission has further concluded that
these devices fall within the definition of a CB transmitter
and therefore cannot legally be imported or marketed in the
United States. See Response from the Commission's General
Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC
Rcd 7797 (1999).

5. Additionally, dual use CB and amateur radios of the
kind at issue here may not be certificated under the
Commission's rules. Section 95.655(a) of the Rules5 states
``....([CB] Transmitters with frequency capability for the
Amateur Radio Services....will not be certificated.'' See
also FCC 88-256, 1988 WL488084 (August 17, 1988). This
clarification was added to explicitly foreclose the
possibility of certification of dual use CB and amateur
radios, see id., and thereby deter use by CB operators of
frequencies allocated for amateur radio use.

6. Furthermore, the Commission has revised Section
2.1204(a)(5) of its Rules6 to prohibit all marketing and/or
offering for sale in the United States of such devices even
when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL
DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S
RULES.

7. In addition to the marketing of the non-certified
transceivers addressed above, Gambler's also offered for
sale on April 9, 2004, the following CB external radio
frequency power amplifiers (``linears''):

NAME MODEL COST
Palomar Skipper
$349.95
Palomar 225 $119.95
Palomar 250 $159.95
Palomar Skipper 350
$179.95
Palomar 650 Magnum
$348.95

8. The linear amplifiers indicated above are not only
illegal to sell but also illegal to advertise for sale.
Section 302( of the Act provides ``No person shall
manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated pursuant
to this section.'' Section 2.803(a)(1) of the Rules
provides that ``... no person shall sell or lease, or offer
for sale or lease (including advertising for sale or lease),
or import, ship or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency
device unless: (1) In the case of a device subject to
certification, such device has been authorized by the
Commission in accordance with the rules in this chapter and
is properly identified and labeled...'' Section 2.815( of
the Rules states: ``... no person shall manufacture, sell
.... any external radio frequency power amplifier or
amplifier kit capable of operation on any frequencies
between 24 and 35 MHz.'' Gambler's offer for sale of these
devices violates these sections.

9. Subsequent violations of the Communications Act and/or
the Commission's Rules may subject the violator to
substantial monetary forfeitures not to exceed $11,000 for
each such violation or each day of a continuing violation,7
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.8

10. Gambler's may request a personal interview at the
Commission's Field Office nearest your place of business.
The nearest office is the Detroit Office, 24897 Hathaway
Street, Farmington Hills, Michigan 48335-1552, which you may
contact by telephone at (248) 471-5661. You must schedule
this interview to take place within fourteen (14) days of
the date of this Citation. Alternatively, you may submit a
written statement to the above address within fourteen (14)
days of the date of this Citation. Any written statement
should specify what actions have been taken to correct the
violations outlined above. Please reference case number EB-
04-DT-225 when corresponding with the Detroit Office.

11. This Citation shall be sent First Class U.S. Mail and,
Certified Mail, Return Receipt Requested, to Gambler's C.B.
& Ham Radio Sales & Service, 4671 North Huron Road,
Pinconning, Michigan 48650.

12. The Privacy Act of 19749 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Citation is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.10 Please be advised that if you choose not to
respond to this Citation and a forfeiture is issued, your
unresponsiveness will be considered in our assessment of a
forfeiture amount.


FEDERAL
COMMUNICATIONS COMMISSION



James A.
Bridgewater
District
Director
Detroit
Office

_________________________

1 47 U.S.C. § 503((5)
2
47 U.S.C. § 302(
3
47 C.F.R. §§ 2.803(a)(1), 2.815(
4 See 47 C.F.R, §§ 95.603©, 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((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.

"Jerry" wrote in news:bLEjc.15031$7a5.7136
@bignews6.bellsouth.net:

"WA3MOJ" wrote in message
...
In article ItKdnY47WLra_RPdRVn-

Screw the FCC they are powerless anyway.
\

Like this? They're hittin' those guys more and more. LOL!
J


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



In the Matter of )
)
Gambler's C.B. & Ham Radio Sales & Service ) File No.
EB-04-DT-225
)
Pinconning, Michigan ) Citation No.
C20043236004 )

CITATION
Released: April 13,
2004


By the Enforcement Bureau, Detroit Office:

1. This is an official Citation issued pursuant to Section
503((5) of the Communications Act of 1934, as amended
(``Act''),1 to Gambler's C.B. & Ham Radio Sales & Service
(``Gambler's'') for violation of Section 302( of the Act,2
and Sections 2.803(a)(1) and 2.815( of the Commission's
Rules (``Rules'').3

2. On April 9, 2004, Gambler's offered for sale at their
store located at 4671 North Huron Road, Pinconning,
Michigan, the following non-certified Citizens Band (``CB'')
transceivers:

NAME MODEL COST
Ranger RCI 2970 DX
$449.95
Ranger RCI 2980 WX
$449.95
Ranger RCI 2985 DX
$479.95
Ranger RCI 6300 F
$329.95
Galaxy DX33HML $198.95
Galaxy DX48T
$419.95
Galaxy DX66V
$279.95

According to the Commission's records, these devices have not
received an FCC equipment authorization which is required for
Citizens Band transmitters marketed in the United States.

3. Section 302( of the Act provides ``No person shall
manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated pursuant
to this section.'' Section 2.803(a)(1) of the Rules
provides that ``... no person shall sell or lease, or offer
for sale or lease (including advertising for sale or lease),
or import, ship or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency
device unless: (1) In the case of a device subject to
certification, such device has been authorized by the
Commission in accordance with the rules in this chapter and
is properly identified and labeled....'' Gambler's offer
for sale of these devices violates both sections.

4. Gambler's marketed these devices as amateur
transceivers. The Commission has evaluated radiofrequency
devices similar to those listed in paragraph 2 and concluded
that the devices at issue are not only amateur radios but
can easily be altered for use as CB devices as well. A CB
transmitter is a transmitter that operates or is intended to
operate at a station authorized for the CB service, and it
must be certificated by the FCC prior to marketing or
importation.4 The Commission has further concluded that
these devices fall within the definition of a CB transmitter
and therefore cannot legally be imported or marketed in the
United States. See Response from the Commission's General
Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC
Rcd 7797 (1999).

5. Additionally, dual use CB and amateur radios of the
kind at issue here may not be certificated under the
Commission's rules. Section 95.655(a) of the Rules5 states
``....([CB] Transmitters with frequency capability for the
Amateur Radio Services....will not be certificated.'' See
also FCC 88-256, 1988 WL488084 (August 17, 1988). This
clarification was added to explicitly foreclose the
possibility of certification of dual use CB and amateur
radios, see id., and thereby deter use by CB operators of
frequencies allocated for amateur radio use.

6. Furthermore, the Commission has revised Section
2.1204(a)(5) of its Rules6 to prohibit all marketing and/or
offering for sale in the United States of such devices even
when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL
DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE
COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S
RULES.

7. In addition to the marketing of the non-certified
transceivers addressed above, Gambler's also offered for
sale on April 9, 2004, the following CB external radio
frequency power amplifiers (``linears''):

NAME MODEL COST
Palomar Skipper
$349.95
Palomar 225 $119.95
Palomar 250 $159.95
Palomar Skipper 350
$179.95
Palomar 650 Magnum
$348.95

8. The linear amplifiers indicated above are not only
illegal to sell but also illegal to advertise for sale.
Section 302( of the Act provides ``No person shall
manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated pursuant
to this section.'' Section 2.803(a)(1) of the Rules
provides that ``... no person shall sell or lease, or offer
for sale or lease (including advertising for sale or lease),
or import, ship or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency
device unless: (1) In the case of a device subject to
certification, such device has been authorized by the
Commission in accordance with the rules in this chapter and
is properly identified and labeled...'' Section 2.815( of
the Rules states: ``... no person shall manufacture, sell
... any external radio frequency power amplifier or
amplifier kit capable of operation on any frequencies
between 24 and 35 MHz.'' Gambler's offer for sale of these
devices violates these sections.

9. Subsequent violations of the Communications Act and/or
the Commission's Rules may subject the violator to
substantial monetary forfeitures not to exceed $11,000 for
each such violation or each day of a continuing violation,7
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.8

10. Gambler's may request a personal interview at the
Commission's Field Office nearest your place of business.
The nearest office is the Detroit Office, 24897 Hathaway
Street, Farmington Hills, Michigan 48335-1552, which you may
contact by telephone at (248) 471-5661. You must schedule
this interview to take place within fourteen (14) days of
the date of this Citation. Alternatively, you may submit a
written statement to the above address within fourteen (14)
days of the date of this Citation. Any written statement
should specify what actions have been taken to correct the
violations outlined above. Please reference case number EB-
04-DT-225 when corresponding with the Detroit Office.

11. This Citation shall be sent First Class U.S. Mail and,
Certified Mail, Return Receipt Requested, to Gambler's C.B.
& Ham Radio Sales & Service, 4671 North Huron Road,
Pinconning, Michigan 48650.

12. The Privacy Act of 19749 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Citation is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.10 Please be advised that if you choose not to
respond to this Citation and a forfeiture is issued, your
unresponsiveness will be considered in our assessment of a
forfeiture amount.


FEDERAL
COMMUNICATIONS COMMISSION



James A.
Bridgewater
District
Director
Detroit
Office

_________________________

1 47 U.S.C. § 503((5)
2
47 U.S.C. § 302(
3
47 C.F.R. §§ 2.803(a)(1), 2.815(
4 See 47 C.F.R, §§ 95.603©, 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((3)
8
See 47 U.S.C. §§ 401, 501, 503, 510
9
P.L. 93-579, 5 U.S.C. § 552a(e)(3)
10
18 U.S.C. § 1001 et seq.




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The latest NPRM would allow low-drive linears and linears that cover 10m
without mods to be certified. About time, as the rules only hurt hams and
didn't make much difference to those who want to run illegal power on CB.