[450] per QSO of 3-5 on 450

[Bob]

ILLEGAL CB TRANSCEIVER LIST

The FCC’s Office of Engineer and Technology (OET) has evaluated the devices
listed below and has concluded that these devices are not only amateur
transceivers but can easily be altered for use as Citizens Band (CB)
transceivers as well. As such, OET has further concluded that these devices
cannot legally be imported or marketed within the United States for the
reasons discussed below. Further, the FCC General Council has issued a
decision in a specific case involving one manufacturer and has concluded
that dual use CB and amateur radios of the kind at issue may not be
approved under the Commission’s rules and are in violation of several rules
including the RF power level limits of 47 CFR 95.639. (letter from
Christopher J. Wright, FCC-OGC to John F. Atwood, US Customs Service, dated
May 17, 1999).

Transceivers used in the Amateur Radio Service below 30 MHz do not require
FCC authorization prior to being imported into or marketed within the
United States, but transceivers for other services, including the CB Radio
Service (CB), do require Commission approval. The transceivers listed
herein and other similar models operate in the amateur “10-meter band” and
are often referred to as “10-meter” radios or "export" radios.
The amateur 10-meter band uses frequencies that are very close to the
channels set aside for use in the CB service. Some of the transceivers that
manufacturers call “10-meter” radios either operate on CB frequencies as
manufactured and imported or are designed such that internal circuits can
readily be activated by a user, a service technician or a dealer to operate
on CB frequencies. According to Section 95.603© of the Commission’s
rules, a CB transmitter is a transmitter that operates or is intended to
operate at a station authorized for the CB service. 47C.F.R. §
95.603©. The Commission’s equipment authorization experts in the FCC
Laboratory have determined that the transceivers listed herein and other
similar models at issue here are intended for use on the CB frequencies as
well as those in the amateur service because they have built-in capability
to operate on CB frequencies. This capability can be readily activated by
moving or removing a jumper plug, cutting or splicing a wire, plugging in a
connector, or other simple means. Thus, all the transceivers listed herein
and similar models fall within the definition of a CB transmitter. See
47C.F.R. § 95.603©. A CB transmitter must be certificated by the FCC
prior to marketing or importation. 47 C.F.R. §§ 95.603©; 2.803.

Moreover, the dual use CB and amateur radios of the kind at issue here may
not be certified under the Commission’s rules. Section 95.655(a) states:
“….([CB] Transmitters with frequency capability for the Amateur Radio
Services … will not be certificated.)” See also Amendment of Part 95,
Subpart E, Technical Regulations in the Personal Radio Services Rules, FCC
88-256, 1888 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.

In addition, the Commission’s equipment authorization experts have
determined that these devices violate or appear to violate a number of the
rules governing CB devices. For example, they may use emission types not
permitted, or emit RF power at a level in excess of the levels permitted in
the CB radio service. See 47 C.F.R. § 95.639.

In view of the foregoing, the following “10-meter” transceivers are not
acceptable for importation or marketing into/within the United States.
Importation and marketing of these units is illegal pursuant to Section
302(b) of the Communications Act and Section 2.803 of the rules. Willful
violations of the Rules and the Act may subject the violator to a monetary
forfeiture of not more than $11,000 for each violation or each day of
a continuing violation. The Commission continues to review this type of
equipment, and additional makes and models may be added to this list in the
future.

LIST OF TRANSCEIVERS ILLEGAL TO IMPORT OR MARKET

GALAXY - models: DX33HML, DX 44V, DX55V, DX66V, DX 73V, DX 77HML, DX 88HL,
DX99V and Saturn Turbo

CONNEX - models: 3300, 3300HP-ZX, 3300 PLUS and CX-3800

MIRAGE - models: 44, Galaxy 88, 9900 and 2950EX

NORTH STAR - models: NS-3000 and NS-9000

PRESIDENT - models: Grant, J.F.K., Jackson, Lincoln, HR-2510 and HR-2600

PRO STAR - model: 240

RANGER - models: AR-3500, RCI-2950 and RCI-2970

TEK - model: HR-3950

UNIDEN - models: HR-2510 and HR-2600

SUPER STAR - model: 121

For further information concerning the listed transceivers or similar
models, contact Ray LaForge or Gary Hendrickson at the FCC Laboratory, 7435
Oakland Mills Road, Columbia, MD 21046, (301) 362-3041 or (301) 362-3043
respectively, or E-mail: rlaforge at fcc.gov and ghendric at fcc.gov
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