Enforcement Bureau Findings in Pauls Valley, Oklahoma
On September 29, 2006, the FCC's Enforcement Bureau, through the District Director of the Dallas Office, issued an Official Citation (Citation No. C20063250001, File No. EB-04-DL-034) to Stephen L. Tork d.b.a. Hotshot CB II and Hotshot's CB Shop, located in Pauls Valley, Oklahoma.
An investigation conducted by the Dallas Office revealed that on July 21, 2006, Stephen L. Tork offered for sale multiple non-certified Citizens Band (CB) transceivers and external radio frequency power amplifiers in violation of federal communications law and Commission rules.
Unauthorized Transceivers and Marketing Rules
The Dallas Office determined that several transceivers offered for sale lacked FCC equipment authorization and did not bear the required FCC ID labels indicating certification. Although marketed as 10-meter mobile radios, Commission evaluations have established that such devices fall under the definition of CB transmitters because they can be easily configured to operate on CB frequencies.
Under Section 95.655(a) of the Commission's Rules, dual-use CB and amateur radios may not receive certification. The transceivers identified in the citation include the following models:
- Galaxy model DX55V
- Galaxy model DX48T
- Superstar model 121
- General model AP Hill
- Northpoint model NT-9-HP
Prohibited External Radio Frequency Power Amplifiers
The investigation also established that Stephen L. Tork offered for sale non-certified external radio frequency power amplifiers manufactured under brand names including Texas Star, Hotshot, and Palomar.
Section 2.815(c) of the Commission's Rules prohibits the manufacture, sale, or offering for sale of any external RF power amplifier (or amplifier kit) capable of operation on any frequency below 144 MHz unless it has received a grant of type acceptance. Additionally, Section 2.815(b) prohibits the marketing of external RF power amplifiers capable of operating on any frequency between 24 MHz and 35 MHz. These offerings violated Section 302(b) of the Communications Act as well as Sections 2.803(a)(1), 2.815(b), and 2.815(c) of the Commission's Rules.
Citation Directives and Potential Penalties
The citation warned that continued noncompliance could subject the business to substantial monetary forfeitures, equipment seizure through in rem forfeiture proceedings, and criminal penalties including imprisonment.
Stephen L. Tork was granted 14 days from the release date of the citation to request an interview at the FCC Dallas Office or submit a written statement describing the corrective actions taken to address the violations.