Federal Communications Commission
Enforcement Bureau
Seattle Field Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034-6927
1-888-CALL FCC (225-5322)
ImTec Electronics
FILE No.: EB-04-ST-064

ATTN: Mr. Les Elliot
Sent via Certified
11200 E. Sprague Ave., Suite B
Return Receipt requested and
Spokane Valley, WA 99206-5271
First Class mail


CITATION
Citation No.: C200432980001
Released: March 30, 2004
By the Enforcement Bureau, Seattle Office
1. This is an Official Citation issued pursuant to
Section 503( of The Communications Act of 1934, as
amended (``Act'', 1 to Mr. Les Elliot, owner of ImTec
Electronics of Spokane Valley, WA, for violation of Section
302( of the Act, 2 and Section 2.803(a)(1) of the
Commission's Rules.3
2. An investigation by the FCC's Seattle Office
revealed that on March 11, 2004, you offered for sale at
your retail store located at 11200 E. Sprague Ave. non-
certified Citizens Band (CB) transceivers, namely, Galaxy
Models DX series , and Amateur service transceivers, namely,
RCI Models-2950 and 6900F (modifiable) for CB use. According
to Commission's records, these devices have not received an
FCC equipment authorization which is required for Citizens
Band transmitters marketed in the United States.
Furthermore, these devices bore no FCC equipment
authorization labeling that is required for Citizens Band
transceivers marketed in the United States.4
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...''
Les Elliot's ImTec Electronics offer for sale of these
devices violates both sections.
4. Additionally, dual use CB and amateur radios of the
kind at issue here may not be certificated under the
Commission's rules. Section 95.655(a) of the rules states:
``...
({CB} Transmitters with frequency capability for the Amateur
Radio Services....will not be
certificated.)'' See also FCC 88-256, 1988 WL 488084
(August 17, 1988). This clarification was added to
explicitly foreclose the possibility of certification of
dual use CB and amateur radios, see id., and thereby deter
use by CB operators of frequencies allocated for amateur
radio use. The Galaxy model CB transceivers previously
mentioned were identified as having the modification or the
capability to enable dual use of CB and amateur frequencies.
These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T;
Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy
DX77HML.
5. Furthermore, the Commission has revised Section
2.1204(a)(5) of its rules 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.
6. Subsequent violations of the Communications Act or
of the Comission'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,
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.
7. Mr. Les Elliot may request a personal interview at
the closest FCC location to its place of business, namely:
Federal Communications Commission
11410 N.E. 122nd Way Suite 312
Kirkland, WA 98034- 6927
which can be contacted by telephone at 425-820-6271. Any
written statement should specify what actions have been
taken to correct the violation outlined above. When
corresponding with the Commission, case number EB-04-ST-064
should be referenced.
8. Any statement or information provided may be used by
the Commission to determine if further enforcement action is
required. Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.
FEDERAL COMMUNICATIONS COMMISSION
Dennis J. Anderson
District Director, Seattle
Office
1 47 U.S.C. § 503((5)
2 47 U.S.C. § 302a(
3 47 C.F.R. § 2.803(a)(1)
4 See 47 C.F.R. §§ 95.409(a) & 2.925(a)


Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Mr. Lamont Davidson d.b.a. File No.: EB-04-
DL-040

Walcott CB Sales, Inc. Citation:
C20043250002
2940 North Plainview Road Sent via
Certified
Walcott, IA 52773 Return Receipt
Requested
and First Class
U.S. Mail

CITATION
Released: April 7, 2004
By the Enforcement Bureau, Dallas Office:
1. This is an Official Citation issued pursuant to Section
503((5) of the Communications Act of 1934, as amended
(``Act'',1 to Mr. Lamont Davidson d.b.a. Walcott CB Sales,
Inc. for violation of Section 302( of the Act,2 and
Section 2.803(a)(1) of the Commission's Rules.3
2. An investigation by the FCC's Dallas Office revealed that
the Internet domain name walcottcb.com is registered to
Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott,
Iowa 52773 with Lamont Davidson, Walcott CB Sales, Inc.
listed as the administrative and technical contact.
Furthermore, on February 24, 2004, Mr. Lamont Davidson
d.b.a. Walcott CB Sales, Inc. through the Internet site(s)
www.walcottcb.com (with an address listed on the site as
Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott,
IA) offered for sale, the following thirty-four (34) non-
certified Citizens Band transceivers:
NAME MODEL PRICE DESCRIPTION
Connex 3300HP $229.95 Echo Board with Two
Controls
Connex 3300HPCF $239.95 Echo Board with Two
Controls
Connex 4400HP $274.95 Echo Board with Dual
Controls
Connex 4800DXL $374.95 Echo Board with Dual
Control
Connex Coyote Hunter $189.95 AM/FM/PA modes
Connex Deerhunter $149.95 AM/FM/PA modes
Galaxy DX33HML $219.95
Galaxy DX44V $239.95
Galaxy DX45MP $289.95
Galaxy 48T $399.95
Galaxy DX55V $209.95
Galaxy DX66V $299.95
Galaxy DX73V $349.95
Galaxy DX77HML $299.95
Galaxy DX88HL $369.95
NAME MODEL PRICE DESCRIPTION
Galaxy DX93T $449.95
Galaxy DX99V $399.99
General Grant $399.95
General A.P. Hill $174.95
General Lee $229.95
General Longstreet $269.95
General Washington $229.95
Magnum 357DX $379.95
Magnum DeltaForce $269.95
President Lincoln $344.95
Ranger RCI-2950DX $319.95 10 & 12 meter
Ranger RCI-2970DX $449.95 10 & 12 meter
Ranger RCI-2980WX $429.95 Base AM-FM-SSB modes
Ranger RCI-2985DX $444.95 10 & 12 meter base AM-FM-
SSB-CW
Ranger RCI-2995DX $554.95 10 & 12 meter base AM-FM-
SSB-CW
Ranger RCI-6300F-25 $299.95 AM-FM modes
Ranger RCI-6300F-150 $449.95 AM-FM modes
Ranger RCI-6900F-25 $339.95 AM-FM-SSB modes
Ranger RCI-6900F-150 $489.95 AM-FM-SSB modes
According to the Commission's records, these devices have not
received an FCC equipment authorization which is required for
Citizens Band transmitters marketed in the United States.
3. Section 302( of the Act2 provides ``[n]o person shall
manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated pursuant
to this section.'' Section 2.803(a)(1) of the Rules3
provides that ``... no person shall sell or lease, or offer
for sale or lease (including advertising for sale or lease),
or import, ship or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency
device unless: (1) In the case of a device subject to
certification, such device has been authorized by the
Commission in accordance with the rules in this chapter and
is properly identified and labeled ....'' Mr. Lamont
Davidson d.b.a. Walcott CB Sales, Inc's offer for sale of
these devices violates both sections.
4. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc.
marketed these devices as amateur transceivers. The
Commission has evaluated radiofrequency devices similar to
those listed in paragraph 2 and concluded that the devices
at issue are not only amateur radios but can easily be
altered for use as Citizens Band devices as well. A CB
transmitter is a transmitter that operates or is intended to
operate at a station authorized for the CB service, and it
must be certificated by the FCC prior to marketing or
importation.4 The Commission has further concluded that
these devices fall within the definition of a CB transmitter
and therefore cannot legally be imported or marketed in the
United States. See Response from the Commission's General
Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC
Rcd 7797 (1999).
5. Additionally, dual use CB and amateur radios of the kind
at issue here may not be certificated under the Commission's
rules. Section 95.655(a) of the rules5 states: ``. . . .
([CB] Transmitters with frequency capability for the Amateur
Radio Services . . . . will not be certificated.)'' See
also FCC 88-256, 1988 WL 488084 (August 17, 1988). This
clarification was added to explicitly foreclose the
possibility of certification of dual use CB and amateur
radios, see id., and thereby deter use by CB operators of
frequencies allocated for amateur radio use.
6. Furthermore, the Commission has revised Section
2.1204(a)(5) of its 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, Mr. Lamont Davidson d.b.a.
Walcott CB Sales, Inc. is warned that Section 302( of the
Act2, and Section 2.815© of the Commission's Rules7
requires FCC Type Acceptance (or Certification) of External
Radio Frequency Power Amplifiers (or amplifier kits) capable
of operation on any frequency or frequencies below 144 MHz.
Furthermore, Section 2.815( of the Commission's Rules8
prohibits the marketing of External Radio Frequency Power
Amplifiers (or amplifier kits) capable of operation on any
frequency or frequencies between 24 and 35 MHz.
8. Subsequent violations of the Communications Act and/or of
the Commission's Rules may subject the violator to
substantial monetary forfeitures not to exceed $11,000 for
each such violation or each day of a continuing violation,9
seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.10
9. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. may
request a personal interview at the closest FCC location to
its place of business,11 namely:
Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Highway
Park Ridge, Illinois 60068-1460
which can be contacted by telephone at 847-813-4660. He must
schedule this interview to take place within 14 days of the date of
this citation. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc.
may submit a written statement within 14 days of the date of this
citation to the following address:
Federal Communications Commission
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243-3470
which can be contacted by telephone at 214-575-6361. Any written
statement should specify what actions have been taken to correct the
violation outlined above. When
corresponding with the Commission, case number EB-04-DL-040 and
citation number C20043250002 should be referenced.
10. Any statement or information provided may be used by the
Commission to determine if further enforcement action is
required.12 Any knowingly or willfully false statement made
in reply to this notice is punishable by fine or
imprisonment.13
FEDERAL COMMUNICATIONS
COMMISSION
James D. Wells
District Director - Dallas
Office
LRB
Cc:Federal Communications Commission
Park Ridge Office Center, Suite 306
1550 Northwest Hwy
Park Ridge, IL 60068-1460
Federal Communications Commission
Second Floor
520 NE Colbern Rd
Lee's Summit, MO 64086
1 47 U.S.C. § 503((5)
2 47 U.S.C. § 302a(
3 47 C.F.R. § 2.803(a)(1)
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 47 C.F.R. § 2.815©
8 47 C.F.R. § 2.815(
9 See 47 C.F.R. § 1.80((3)
10 See 47 U.S.C. §§ 401, 501, 503, 510
11 See 47 U.S.C. § 503((5)
12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)
13 See 18 U.S.C. §1001

In ,
(I Am Not George) wrote:

Federal Communications Commission
Enforcement Bureau
Seattle Field Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034-6927
1-888-CALL FCC (225-5322)
ImTec Electronics
FILE No.: EB-04-ST-064

ATTN: Mr. Les Elliot
snip

It's about friggin' time. That guy has been selling linears out of his back room
for many years. Funny thing is he always claimed that the store was owned by
someone else!






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