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CERTIFIED MAIL # 7001 2510 0001 5861 4290
RETURN RECEIPT REQUESTED

Love's Travel Stop  #286                          File No.: EB-
04-LA-007
attn: Bert Van Dyke
P.O. Box 120.                                     Citation No. 
C20053290003
Quartzsite, AZ  85346
                            Citation



By the Enforcement Bureau, Los Angeles Office:              
Released: January 12, 2005

     1.  This is an Official Citation issued pursuant to Section 
503(b)(5) of the Communications Act of 1934, as amended 
(``Act''),1 to Love's Travel Stop for violation of Section 302(b) 
of the Act,2 and Section 2.803(a)(1) of the Commission's Rules.3
                                                                       
     2.  Investigation by the FCC's Los Angeles Office revealed 
that on January 5, 2005, Love's Travel Stop offered for sale at 
their retail store at Quartzsite, AZ, two models of non-certified 
Citizens Band transceivers, namely, Galaxy (model numbers DX33HML 
and DX99V).  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.  Furthermore, these devices bore no FCC equipment 
authorization labeling that is required for Citizens Band 
transceivers marketed in the United States4.

     3.Section 302(b) 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....'' Love's 
Travel Stop offer for sale of these devices violates both 
sections.

     4.  Love's Travel Stop marketed these devices as amateur 
transceivers.  The Commission has evaluated radio frequency 
devices similar to those listed in paragraph 2 and concluded that 
the devices at issue are not only amateur radios but can be 
easily 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.7  
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 the 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 rules8 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 rules9 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 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,10 seizure of 
equipment through in rem forfeiture action, and criminal 
sanctions including imprisonment.11  

     8.  Love's Travel Centers may request a personal interview 
at the closest FCC location to it's place of business,12 namely: 

               Federal Communications Commission
                    18000 Studebaker Road, Suite 660
                    Cerritos, CA 90703

which can be contacted by telephone at XXX XXX-XXXX.  They must 
schedule this interview to take place within 14 days of the date 
of this citation.  Love's Travel Stop may submit a written 
statement within 14 days of the date of this citation to the 
above address:

Any written statement should specify what actions have been taken 
to correct the violation outlined above.  When corresponding with 
the Commission, reference the case number above.

     9.  Any statement or information provided may be used by the 
Commission to determine if further enforcement action is 
required13.  Any knowingly or willfully false statement made in 
reply to this notice is punishable by fine or imprisonment.14

                              

                              FEDERAL COMMUNICATIONS COMMISSION  

                              



                              Catherine Deaton
                              District Director   
                              Los Angeles Field Office
                              Western Region
                              Enforcement Bureau


SP:sp

cc: Sent by regular mail.

 

_________________________

1 47 U.S.C.  503(b)(5)
2
3
4 See 47 U.S.C.  95.409(a) & 2.925(a)
2
3
7 See 47 U.S.C.  95.603(c) & 2.803
8 47 U.S.C.  95.655(a)
9 47 U.S.C.  2.1204(a)(5) revised effective February 28, 2000
10 See 47 U.S.C.  1.80(b0(3)
11 See 47 U.S.C.  401, 501, 503, 510
12 See 47 U.S.C.  503(b)(5)
13 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3)
14 See 18 U.S.C.  1001