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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.