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



In the Matter of                )
                                )
Travel Centers of America       )            File  No.  EB-05-NY-
                                              044
                                )
Bloomsbury, New Jersey, 08804   )               Citation      No. 
C20053238002
                                )

                            CITATION


                                                                                     
                                             Released: April 5, 
                                             2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

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

     2.   Investigation by  the FCC's  New York  Office  revealed 
that on  March 15,  2005,  TA offered  for  sale at  their  store 
located  at  975  SR  173,  Bloomsbury,  New  Jersey  08804,  the 
following non-certified Citizens Band (``CB'') transceivers:

          NAME                MODEL               COST
          Galaxy                   DX66V                    
$299.99
          Galaxy                   DX44V                    
$249.99
           
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.   Violations of the Act and/or the Commission's Rules may 
subject  the  violator  to  substantial  monetary   forfeitures,8 
seizure  of  equipment  through  in  rem  forfeiture  action  and 
criminal sanctions including imprisonment.9

     8.   TA may request an interview at the closest FCC  Office, 
which      is                                             Federal 
Communications Commission, Detroit Office, 24897 Hathaway Street, 
Farmington, Michigan 48335-1552.10  You  may contact this  office 
by telephone, (248) 471-5661,  to schedule this interview,  which 
must take place  within fourteen (14)  days of the  date of  this 
Citation.  TA may also submit a written statement within fourteen 
(14) days of the date of this Citation to the following  address: 
Federal Communications  Commission,  New York  Office,  201Varick 
Street, Suite  1151,  New York,  New  York 10014,  which  can  be 
contacted by telephone  at 212-337-1865.   Any written  statement 
should specify  what  actions  have been  taken  to  correct  the 
violations outlined above.  Please  reference case number  EB-05-
NY-044 when corresponding with the Commission.

     9.   Any statement  or information  provided by  you may  be 
used by the  Commission to determine  if any further  enforcement 
action is required.11  Any knowingly or willfully false statement 
made  in  reply  to  this  Citation  is  punishable  by  fine  or 
imprisonment.12

     10.  IT IS ORDERED  that copies  of this  Citation shall  be 
sent First Class  U.S. Mail and,  Certified Mail, Return  Receipt 
Requested, to  Travel  Centers of  America  at their  address  of 
record.

          


                              FEDERAL COMMUNICATIONS COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office
                                Northeast Region
                                Enforcement Bureau

 

_________________________

1 47 U.S.C.  503(b)(5).
2 47 U.S.C.  302(b).
3 47 C.F.R.  2.803(a)(1).
4 47 C.F.R.  95.603(c).
5 See 47 C.F.R.  95.603(c), 2.803.
6 47 C.F.R.  95.655(a); see also FCC 88-256, 1988 WL488084 
(August 17, 1988).  
7 47 C.F.R.  2.1204(a)(5) revised effective February 28, 2000.
8 47 C.F.R.  1.80(b)(3).
9 See 47 U.S.C.  401, 501, 503, 510.
10 47 U.S.C.  503(b)(5).
11 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
12 See 18 U.S.C.  1001 et seq.