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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Te-Khi Travel Court, Inc. ) File No. EB-07-DT-088


   Battle Creek, MI ) Citation No. C20073236001 )


   Released: March 19, 2007

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Te-Khi Travel
       Court, Inc. ("Te-Khi") for violation of Section 302(b) of the Act, and
       Section 2.803(a)(1) of the Commission's Rules ("Rules").

    2. An investigation by the Commission's Detroit Office revealed that on
       February 16, 2007, Te-Khi offered for sale at its store at 15874 11
       Mile Road, Battle Creek, Michigan, the following non-certified
       Citizens Band ("CB") transceivers:


   Cobra 200 GTL DX $319.95 1

   Cobra 150 GTL DX $229.89 4

   Ranger RCI-6300 F25 $324.99 2

   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. Te-Khi's
       offer for sale of these devices violates both sections.

    4. Although Te-Khi 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 CB
       transmitters, because they can easily be altered for use as CB
       devices. 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. The
       Commission has concluded that amateur transceivers that "have a
       built-in capability to operate on CB frequencies and can easily be
       altered to activate that capability, such as by moving or removing a
       jumper plug or cutting a single wire" fall within the definition of a
       CB transmitter and 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 "....([CB] Transmitters with frequency
       capability for the Amateur Radio Services....will not be
       certificated)."  See also FCC 88-256, 1988 WL488084 (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
       Rules 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.

    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, seizure of equipment through in rem
       forfeiture action, and criminal sanctions including imprisonment.

    8. Te-Khi may request a personal interview at the Commission's Field
       Office nearest his 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. Te-Khi
       must schedule this interview to take place within fourteen (14) days
       of the date of this citation. Alternatively, Te-Khi may submit a
       written statement within fourteen (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 violations outlined above.
       Please reference case number EB-07-DT-088 and citation number
       C20073236001 when corresponding with the Commission.

    9. This Citation shall be sent First Class U.S. Mail and, Certified Mail,
       Return Receipt Requested, to Te-Khi Travel Court, Inc. at its address
       of record.

   10. The Privacy Act of 1974 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.
       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.


   James A. Bridgewater

   District Director

   47 U.S.C. S 503(b)(5)

   47 U.S.C. S 302(b)

   47 C.F.R. S S2.803(a)(1)

   47 C.F.R. S 95.603(c)

   See 47 C.F.R. 95.603(c); 47 C.F.R. 2.803

   47 C.F.R. S 95.655(a); see also FCC 88-256, 1988 WL488084 (August 17,

   47 C.F.R. S 2.1204(a)(5) revised effective February 28, 2000.

   See 47 U.S.C. S 503(b)(2)(C); 47 C.F.R. S 1.80(b)(3)

   See 47 U.S.C. SS 401, 501, 503, 510

   P.L. 93-579, 5 U.S.C. S 552a(e)(3)

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission