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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-08-PO-0083
Dad's Travel Center )
Idaho Falls, Idaho ) Citation No.: C200832920008
)
CITATION
Released: May 6, 2008
By the Resident Agent, Portland Resident Agent 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"), to Dad's Travel
Center for violation of Section 302(b) of the Act, and Sections
2.803(a)(1) of the Commission's Rules ("Rules").
2. Investigation by the Enforcement Bureau's Portland Resident Agent
Office revealed that on April 2, 2008, Dad's Travel Center offered for
sale the following non-certified Citizens Band ("CB") transceivers at
its store in Idaho Falls, Idaho:
Connex Model 3300HP
Galaxy Model DX 33HML
Magnum Model S-3
Magnum Model S-6
According to Commission records these devices have not received an FCC
equipment authorization, which is required for CB 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..." Dad's Travel
Center's offering for sale of the transceivers listed in paragraph 2
violates both sections.
4. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Rules.
5. Violations of the Act or the Rules may subject the violator to
substantial monetary forfeitures, seizure of equipment through in rem
forfeiture action, and criminal sanctions, including imprisonment.
6. Dad's Travel Center may request an interview at the closest FCC
Office, which is Federal Communications Commission, 11410 N.E. 122nd
Way, Suite 312, Kirkland, Washington 98034. You may contact this
office by telephone, (XXX) XXXX-XXXX to schedule this interview, which
must take place within 14 days of this Citation. Dad's Travel Center
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-08-PO-0083 when
corresponding with the Commission.
7. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
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 Dad's
Travel Center at his address of record and the address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803(a)(1), 2.815(b), 2.815(c).
Section 95.655(a) of the rules states: "[CB] Transmitters with frequency
capability for the Amateur Radio Services....will not be certificated." 47
C.F.R. S: 95.655(a). See also Amendment of the Part 95, Subpart E,
Technical Regulations in the Personal Radio Services Rules, 3 FCC Rcd 5032
(1988).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission