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

In the Matter of                        )
                              )    File No.: EB-05-DV-584
Sapp Bros. Truck Stops, Inc.            )
                              )    Citation No.: 
Commerce City, Colorado            )


                                  Released: January 18, 2006

By the District Director, Denver District Office, Western 
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 Sapp Bros. Truck Stops, Inc., for 
violation of  Section 302(b) of the Communications Act, and 
Section 2.803(a)2 of the Commission's Rules (``Rules'') for 
marketing an unauthorized radio frequency device in the 
United States.  As explained below, future violations of the 
Commission's Rules in this regard may subject your company 
to monetary forfeitures.

     2.   Investigation by the FCC's Denver Office revealed 
that on December 2, 2005, Sapp Bros Truck Stops, Inc., at 
its Commerce City location, marketed an unauthorized radio 
device, specifically a CB radio transceiver, Superstar model 
SS-122, which has not been certificated for sale or use in 
the United States.

     3.   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.''  Section 2.803(a)(1) 
of the Commission's 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 ... [i]n 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 as required by  2.925 and other relevant 
     sections in this chapter.''

     4.   Inspection of the device revealed that the unit 
bore no FCC equipment authorization or any other unique 
identification label as required by Section 2.925 of the 
Rules for radiofrequency devices marketed in the United 
States.3  A search of the FCC's equipment authorization 
database showed no evidence that this device has been 
certified. The device being offered for sale by Sapp Bros. 
Truck Stops, Inc. is not approved for use in the United 
States and therefore the marketing and/or sale of such 
device in the United States is prohibited.  

     5.   Violations of the Act or the Commission's Rules 
may subject the violator to substantial monetary 
forfeitures,4 seizure of equipment through in rem forfeiture 
action, and criminal sanctions, including imprisonment.5

     6.   Sapp Bros. Truck Stops, Inc., may request an 
interview at the closest FCC Office, which is Federal 
Communications Commission, 215 S. Wadsworth Blvd., Suite 
303, Lakewood, CO  80226, telephone 303-231-5212, to 
schedule this interview, which must take place within 14 
days of this Citation.  Sapp Bros Truck Stops, Inc., may 
also submit a written statement to the above address within 
14 days of the date of this Citation.  Any written 
statements should specify what actions have been taken to 
correct the violations outlined above.  Please reference 
file number EB-05-DV-584 when corresponding with the 

     7.   Any statement or information provided by you may 
be used by the Commission to determine if further 
enforcement action is required.6  Any knowingly or willfully 
false statement made in reply to this Citation is punishable 
by fine or imprisonment.7

     8.   IT IS ORDERED that copies of this Citation shall 
          be sent by First Class U.S. 
Mail and Certified Mail, Return Receipt Requested to Sapp 
Bros. Truck Stops, Inc., at its address of record.


                         Nikki Shears
                         District Director, Denver District 
                         Western Region
                         Enforcement Bureau


1 47 U.S.C.  302a(b), 503(b)(5).
2 47 C.F.R.  2.803(a).
3 47 C.F.R.  2.925
4 47 C.F.R.  1.80(b)(3).
5 47 U.S.C.  401, 501, 503, 510.
6 See Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
7 See 18 U.S.C.  1001 et seq.