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

In the Matter of                 )
                                 )
TravelCenters of America         )     File Number EB-05-PO-029  
                                 )
Troutdale, Oregon                )                   NAL/Acct. No.  
                                 ) 20053292002
                                                     FRN # 
                                   0013411665



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                               Released: July 27, 
                                                             2005

By the Resident Agent, Portland Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that TravelCenters of America 
 (``TravelCenters'') in Troutdale, Oregon, apparently willfully 
 and repeatedly violated Section 302(b) of the Commissions Act 
 of 1934, as amended (``Act''),1  and Section 2.803(a)(1) of the 
 Commission's Rules (``Rules'')2 by offering for sale a non-
 certified Citizens Band (``CB'') transceiver.  We conclude, 
 pursuant to Section 503(b) of the Act,3  TravelCenters is 
 apparently liable for a forfeiture in the amount of seven 
 thousand dollars ($7,000).4

II.  BACKGROUND

      2.  On October 25, 2001, an agent from the Enforcement 
 Bureau's Portland Resident Agent Office (``Portland Office'') 
 visited TravelCenters' retail store in Troutdale, Oregon.  The 
 agent observed that the store displayed and offered for sale 
 six models of CB transceivers, specifically, one Delta Force 
 transceiver and five Galaxy transceivers models DX33HML, DX44V, 
 DX66V, DX88HL and DX99V.  A review of the Commission's records 
 revealed that these devices had not received an equipment 
 authorization from the Commission.  

      3.  On November 19, 2001, the Portland Office issued a 
 Citation to TravelCenters' retail store in Troutdale, Oregon 
 for violation of Section 302(b) of the Act, and Section 
 2.803(a)(1) of the Commission's Rules by selling non-certified 
 CB transceivers.5  The Citation warned TravelCenters that 
 future violations may subject TravelCenters to civil monetary 
 forfeitures not to exceed $11,000 for each violation or each 
 day of a continuing violation,6 seizure of equipment through in 
 rem forfeiture action, and criminal sanctions including fines 
 and imprisonment.7

      4.  In a response dated December 3, 2001, counsel for 
 TravelCenters disputed the Citation, stating that the 
 transceivers listed in the Citation were legal to sell.  
 Counsel for TravelCenters further requested that the Portland 
 Office withdraw the Citation within 30 days from December 3, 
 2001.  In a letter to the Portland Office, dated January 18, 
 2002, counsel for TravelCenters indicated that he would advise 
 his client to resume selling the referenced non-certified CB 
 transceivers.  In a response to TravelCenters, dated February 
 6, 2002, the Portland Office reaffirmed the violation and 
 warned that the marketing of the non-certified CB transceivers 
 should cease immediately.8
 
      5.  On February 9, 2005, an agent from the Portland Office 
 went to TravelCenters' retail store in Troutdale, Oregon.  The 
 agent observed and took photographs of non-certified Galaxy CB 
 transceivers that were displayed at the store.  The agent asked 
 a salesperson at the store if he could purchase one of the 
 transceivers and the salesperson responded that she would sell 
 the transceiver to the agent.  The agent also interviewed the 
 store manager.  The store manager acknowledged that his store 
 once received a Citation from the FCC but that he believed the 
 above Galaxy CB transceivers were legal to sell.  After talking 
 with the agent, the store manager indicated that he would pull 
 the transceivers off the shelves.9

III.      DISCUSSION

      6.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term ``willful'' 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.10  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.11 

      7.  Section 302(b) of the Act provides that ``[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.''12  Section 2.803(a)(1) of the Rules 
 provides that ``[e]xcept as provided elsewhere in this section, 
 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 in the 
 case of a device subject to certification such device has been 
 authorized by the Commission . . . .''13
 
      8.  CB radio transceivers are subject to the equipment 
 certification process and must be certified and properly 
 labeled prior to being marketed or sold in the United States.14  
 Unlike CB radio transceivers, radio transmitting equipment that 
 transmits solely on Amateur Radio Service (``ARS'') frequencies 
 is not subject to equipment authorization requirements prior to 
 manufacture or marketing.  However, some radio transmitters 
 that transmit in a portion of the 10-meter band of the ARS 
 (28.000 to 29.700 MHz) are equipped with rotary, toggle, or 
 pushbutton switches mounted externally on the unit, which allow 
 operation in the CB bands after completion of minor and trivial 
 internal modifications to the equipment.  To address these 
 radios, the Commission adopted changes to the CB type 
 acceptance requirements by defining a ``CB Transmitter'' as ``a 
 transmitter that operates or is intended to operate at a 
 station authorized in the CB.''15  Section 95.655(a) of the 
 Rules also states that no transmitter will be certificated for 
 use in the CB service if it is equipped with a frequency 
 capability not listed in Section 95.625 of the Rules (CB 
 transmitter channel frequencies).16  Also, the Commission's 
 Office of General Counsel (``OGC'') released a letter on the 
 importation and marketing of ARS transmitters, which clarified 
 that transmitters that ``have a built-in capacity to operate on 
 CB frequencies and can easily be altered to activate that 
 capacity, such as by moving or removing a jumper plug or 
 cutting a single wire'' fall within the definition of ``CB 
 transmitter'' under Section 95.603(c) of the Rules and 
 therefore require certification prior to marketing or 
 importation.17  Additionally, the Commission's Office of 
 Engineering and Technology (``OET'') has evaluated the Galaxy 
 models at issue here and has determined that these devices 
 could easily be altered for use as CB transceivers.

      9.  On November 19, 2001, the Portland Office issued a 
 Citation to TravelCenters' retail store in Troutdale, Oregon, 
 for violation of Section 302(b) of the Act and Section 
 2.803(a)(1) of the Rules.  Specifically, the TravelCenters' 
 store was selling non-certified Galaxy CB transceivers.  On 
 February 9, 2005, a subsequent inspection by a Portland agent 
 revealed that the TravelCenters' retail store in Troutdale, 
 Oregon continued to sell non-certified Galaxy CB 
 transceivers.18  When asked by the agent if he could purchase 
 one of the transceivers, the salesperson in the store responded 
 that she would sell the transceiver to the agent.  At the time 
 of the inspection, the manager of the store acknowledged to the 
 Portland agent that the store had previously received a 
 Citation from the Commission.  

      10.   TravelCenters previously received a Citation 
 concerning the sale of non-certified Galaxy CB transceivers in 
 its Troutdale, Oregon store, but continued to sell the 
 transceivers.  Therefore, its violation was willful.  The 
 violation occurred on more than one day.  Therefore, it was 
 repeated. Based on the evidence before us, we find that 
 TravelCenters apparently willfully and repeatedly violated 
 Section 302(b) of the Act and Section 2.803(a)(1) of the Rules 
 by offering for sale a non-certified CB transceiver.

      11.   Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"),19 and Section 1.80 of the Rules,20 the base 
 forfeiture amount for marketing unauthorized equipment is 
 $7,000 per violation.21  In assessing the monetary forfeiture 
 amount, we must also take into account the statutory factors 
 set forth in Section 503(b)(2)(D) of the Act, which include the 
 nature, circumstances, extent, and gravity of the violations, 
 and with respect to the violator, the degree of culpability, 
 and history of prior offenses, ability to pay, and other such 
 matters as justice may require.22  Applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors to 
 the instant case, we conclude that TravelCenters is apparently 
 liable for a $7,000 forfeiture.

IV.  ORDERING CLAUSES

      12.   Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules,23 TravelCenters of America is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of seven 
 thousand dollars ($7,000) for willfully and repeatedly 
 violating Section 302(b) of the Act, and Section 2.803(a)(1) of 
 the Rules.

      13.   IT IS FURTHER ORDERED that, pursuant to Section 1.80 
 of the Commission's Rules, within thirty days of the release 
 date of this Notice of Apparent Liability for Forfeiture, 
 TravelCenters of America SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      14.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission. The payment must include the 
 NAL/Acct. No. and FRN No. referenced above. Payment bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.

      15.   The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Portland Resident Agent Office, P.O. Box 61469, Vancouver, 
 Washington 98666-1469 and must include the NAL/Acct. No. 
 referenced in the caption.
  
      16.   The Commission will not consider reducing or 
 canceling a forfeiture in response to a claim of inability to 
 pay unless the petitioner submits: (1) federal tax returns for 
 the most recent three-year period; (2) financial statements 
 prepared according to generally accepted accounting practices 
 ("GAAP"); or (3) some other reliable and objective 
 documentation that accurately reflects the petitioner's current 
 financial status.  Any claim of inability to pay must 
 specifically identify the basis for the claim by reference to 
 the financial documentation submitted.

      17.   Requests for payment of the full amount of this 
 Notice of Apparent Liability under an installment plan should 
 be sent to: Chief, Revenue and Receivables Operations Group, 
 445 12th Street, S.W., Washington, D.C. 20554.24
  
      18.   IT IS FURTHER ORDERED that a copy of this Notice of 
 Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to 
 TravelCenters of America, at its address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Binh Nguyen
                              Resident Agent 
                              Portland Resident Agent Office
                              Western Region
                              Enforcement Bureau



_________________________

147 U.S.C.  302a(b).
247 C.F.R.  2.803(a)(1).
347 U.S.C.  502(b). 
447 C.F.R. Part 2, Subpart J.
5Citation to TravelCenters  of America,  Inc., released  November 
19, 2001 (``Citation''). 
6See 47 C.F.R.  1.80(b)(3). 
7See 47 C.F.R.  501, 503(b), 510. 
8In a response letter to the Portland Office, dated February 13, 
2002, Counsel for TravelCenters again disputed the Citation and 
requested that the Citation to be withdrawn by the Portland 
Office within 30 days.
 
9On January 20, 2005, the Commission's Detroit District Office 
issued a Citation for selling non-certified CB transceivers to a 
TravelCenters retail store in Dexter, Michigan.  In a response 
dated February 4, 2005, TravelCenters stated that they disagreed 
with the legal and factual contentions in the Citation, but that 
they would remove the transceivers from the Dexter, Michigan 
retail store.  On April 5, 2005, the Commission's New York 
District Office issued a Citation for selling non-certified CB 
transceivers to a TravelCenters retail store in Bloomsbury, New 
Jersey.   In a response dated April 14, 2005, TravelCenters again 
stated that they disagreed with the legal and factual contentions 
contained in the Citation but that they would remove the 
transceivers from the Bloomsbury, New Jersey retail store.
10Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
11Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'repeated', 
when used with reference to the commission or omission of any 
act, means the commission or omission of such act more than once 
or, if such commission or omission is continuous, for more than 
one day.'' 
1247 U.S.C.  302a(b).
1347 C.F.R.  2.803(a)(1). 
14See 47 C.F.R.  2.907, 2.927(a).
1547 C.F.R.  95.603(c).  
1647 C.F.R.  95.655(a). 
17Letter from Christopher Wright, General Counsel, FCC to John 
Wood, Chief Intellectual Property Rights, US Customs Service, 14 
FCC Rcd 7797 (OGC, 1999). 
18The Galaxy transceivers found by the agent at the time of the 
inspection have previously been evaluated by OET, which 
determined that they were non-certified CB transceivers.
 
1912 FCC Rcd 17087 (1997), recon. Denied 15 FCC Rcd 303 (1999). 
2047 C.F.R.  1.80. 
2112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
2247 U.S.C.  503(b)(2)(D).
2347 C.F.R.  0.111, 0.311, 0.314, and 1.80. 
24See 47 C.F.R.  1.1914.