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CERTIFIED MAIL # 7001 2510 0001 5860 9852
RETURN RECEIPT REQUESTED
Love's Travel Stop #296 File No.: EB-
04-LA-006
attn: Bill King
820 W. Pima Citation No.
C20053290002
Gila Bend, AZ 85337
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 Gila Bend, 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