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



In the Matter of                )
                                )
TA Travel Center                )                    File No. EB-
                                              04-DT-576
                                )
Dexter, Michigan                )            Citation         No. 
C20053236001
                                )

                            CITATION


                                                                                     
                                             Released: January 
                                             28, 2005

By the Enforcement Bureau, Detroit Office:

     1.   This is an Official Citation issued pursuant to Section 
503(b)(5)  of  the  Communications   Act  of  1934,  as   amended 
(``Act''),1 to TA Travel Center (``TA'') for violation of Section 
302(b) of the  Act2 and Section  2.803(a)(1) of the  Commission's 
Rules (``Rules'').3

     2.   On January 20, 2005, TA offered for sale at their store 
located at 200 Baker Road,  Dexter, Michigan, the following  non-
certified Citizens Band (``CB'') transceivers:

          NAME                MODEL               COST
          Galaxy                   DX66V                    
$299.99
          Galaxy                   DX44V                    
$249.99
          Galaxy                   DX99V                    
$399.99

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(b) 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....''   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 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.5  The  Commission has  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  Rules states  that  ``...[CB] 
Transmitters  with  frequency capability  for the  Amateur  Radio 
Services  ....   will  not   be  certificated.   .  ..''6    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  Rules7  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.   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,8  seizure  of 
equipment through in rem forfeiture action and criminal sanctions 
including imprisonment.9

     8.   TA 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    XXX 
XXX-XXXX.  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-576 and  Citation  number C20053236001  when  corresponding 
with the Detroit Office.

     9.   This Citation shall be sent First Class U.S. Mail  and, 
Certified Mail, Return  Receipt Requested, to  TA Travel  Center, 
#89, 200 Baker Road, Dexter, Michigan 48130.

     10.  The Privacy Act of 197410  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.11  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

JAB:PRB

_________________________

147 U.S.C.  503(b)(5)
247 U.S.C.  302(b)
347 C.F.R.  2.803(a)(1)
447 C.F.R.  95.603(c).
5See 47 C.F.R.  95.603(c), 2.803
647 C.F.R.  95.655(a); see also FCC 88-256, 1988 WL488084 
(August 17, 1988).  
747 C.F.R.  2.1204(a)(5)
8 see 47 C.F.R.  1.80(b)(3)
9 see 47 U.S.C.  401, 501, 503, 510
10 P.L. 93-579. 5 U.S.C.  552(e)(3)
11 18 U.S.C.  1001 et seq.