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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.