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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
                                )                               
     In the Matter of               File No. EB-03-DL-099       
                                )                               
     Pilot Travel Centers LLC       NAL/Acct. No. 200532500001  
                                )                               
     Knoxville, Tennessee           FRN # 0006096010            
                                )                               
                                                                
                                )                               


                                     ORDER

   Adopted: May 1, 2006 Released: May 11, 2006

   By the Commission:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Commission and Pilot Travel Centers LLC ("Pilot"). The
       Consent Decree terminates the forfeiture proceeding initiated by the
       Commission against Pilot for its apparent violation of Section 302(b)
       of the Communications Act of 1934, as amended ("Act"), and Section
       2.803(a)(1) of the Commission's Rules ("Rules") by offering for sale
       radio frequency devices without the required Commission equipment
       authorization.

    2. The Commission and Pilot have negotiated the terms of a Consent Decree
       that would resolve this matter and terminate the forfeiture
       proceeding. A copy of the Consent Decree is attached hereto and
       incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       approving the Consent Decree and terminating the forfeiture
       proceeding.

    4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
       of the Communications Act of 1934, as amended, the Consent Decree
       attached to this Order IS ADOPTED.

    5. IT IS FURTHER ORDERED that the Commission's forfeiture proceeding
       against Pilot IS TERMINATED.

    6. IT IS FURTHER ORDERED that Pilot Travel Centers LLC shall make its
       voluntary contribution to the United States Treasury, as specified in
       the Consent Decree, by mailing a check or similar instrument, payable
       to the order of the Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account
       number 911-6106. The payment, regardless of how sent, must include the
       NAL/Acct. No. and FRN No. referenced above.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to counsel for Pilot, Wayne V. Black, Keller & Heckman,
       LLP, 1001 G Street, N.W., Washington, D.C. 20001 and Pilot at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
                                )                               
     In the Matter of               File No. EB-03-DL-099       
                                )                               
     Pilot Travel Centers LLC       NAL/Acct. No. 200532500001  
                                )                               
     Knoxville, Tennessee           FRN # 0006096010            
                                )                               
                                                                
                                )                               


                                 CONSENT DECREE

   The Federal Communications Commission ("Commission") and Pilot Travel
   Centers LLC, ("Pilot") hereby enter into this Consent Decree regarding
   possible violations of Section 302(b) of the Communications Act of 1934,
   as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules
   ("Rules") concerning Pilot's offering for sale certain radio frequency
   devices.

   Background

    1. Section 302 of the Act authorizes the Commission to make reasonable
       regulations, consistent with the public interest, governing the
       interference potential of equipment that emits radio frequency energy,
       and prohibits, inter alia, the offering for sale of radio frequency
       devices to the extent such activity does not comply with those
       regulations. The purpose of this section is to ensure that radio
       transmitters and other electronic devices meet certain standards to
       control interference before they reach the market.

    2. The Commission carries out its responsibilities under Section 302 in
       two ways. First, the Commission establishes technical regulations for
       transmitters and other equipment to minimize their potential for
       causing interference to radio services. Second, the Commission
       administers an equipment authorization program to ensure that
       equipment reaching the market complies with the technical
       requirements. The equipment authorization program requires that
       equipment be tested either by the manufacturer or at a private test
       laboratory to ensure that it complies with the technical requirements.
       For a large number of devices, including Citizens Band ("CB") radio
       transmitting equipment, equipment may not be marketed within the
       United States unless it has been tested and found to comply with
       Commission technical requirements, granted Commission Certification,
       and properly labeled. "Marketing" includes the sale or lease, offer
       for sale or lease (including advertising for sale or lease),
       importing, shipping, and/or distribution for the purpose of selling or
       leasing or offering for sale or lease.

    3. Unlike CB radio transmitting equipment, radio transmitting equipment
       that transmits solely on Amateur Radio Service ("ARS") frequencies is
       not subject to equipment authorization requirements prior to
       manufacture or marketing. However, some radio transmitters that
       transmit in a portion of the 10-meter band of the ARS (28.000 to
       29.700 MHz) are equipped with rotary, toggle, or pushbutton switches
       mounted externally on the unit, which allow operation in the CB bands
       after completion of minor and trivial internal modifications to the
       equipment. To address these radios, the Commission adopted changes to
       the CB type acceptance requirements by defining a "CB Transmitter" as
       "a transmitter that operates or is intended to operate at a station
       authorized in the CB."

    4. Despite these changes to the definition of a CB transmitter,
       Commission enforcement agents continued to encounter non-certified CB
       transmitters marketed as ARS transmitters. On May 13, 1996, the
       Commission's Office of Engineering and Technology ("OET") released a
       Public Notice "to clarify the Commission's Rules regarding equipment
       that is intended to operate in various radio services in the high
       frequency radio spectrum, including '10-Meter' Amateur Radio Service
       (ARS) equipment." The Notice stated that transmitters intended for
       operation on non-amateur frequencies must be approved prior to
       manufacture, importation or marketing. The Notice specifically
       included ARS transceivers designed "such that they can easily be
       modified by the users to extend the operating frequency range into the
       frequency bands" of the CB and other non-amateur radio services among
       those devices subject to equipment authorization procedures. The
       Notice also stated that the Commission considers these transceivers as
       intended to be operated on frequencies where the use of type accepted
       equipment is required "because of the simplicity of modifying them to
       extend their operating frequency range." The Commission's Office of
       General Counsel ("OGC") later released a letter on the importation and
       marketing of ARS transmitters, which clarified that such transmitters
       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 "CB transmitter" under Section 95.603(c) of the Rules
       and therefore require certification prior to marketing or importation.

    5. As a result of agent inspections of Pilot retail stores from December
       2, 1999 to September 6, 2002, Enforcement Bureau Field Offices issued
       nine Citations to Pilot for marketing non-certified CB transmitters.
       Pilot's responses to the Citations essentially stated that the radios
       in question were marketed as amateur radios, operated on the 10-meter
       amateur band, and did not require certification. From December 11,
       2003 to July 3, 2004, Enforcement Bureau field agents observed Pilot
       offer for sale 13 non-certified CB transmitters. All of the devices in
       question that were offered for sale by Pilot were tested by the
       Commission and found to be non-certified CB transmitters.

    6. On November 22, 2004, the Commission released a Notice of Apparent
       Liability for Forfeiture ("NAL") to Pilot in the amount of $125,000
       for apparent willful and repeated violations of Section 302(b) of the
       Act and Section 2.803(a)(1) of the Rules. The Commission increased the
       proposed forfeiture above the base amount for the violations ($91,000)
       based on Pilot's pattern of apparent violations.

   Definitions

   7. For the purposes of this Consent Decree the following definitions shall
   apply:

   (a) "Commission" means the Federal Communications Commission;

   (b) "Bureau" means the Enforcement Bureau of the Federal Communications
   Commission;

   (c) "Pilot" means Pilot Travel Centers LLC;

   (d) "Parties" means Pilot and the Commission;

   (e) "Enforcement Proceeding" means the investigation of the alleged Rule
   violations by Pilot culminating in the Notice of Apparent Liability for
   Forfeiture;

   (f) Notice of Apparent Liability for Forfeiture or "NAL" means Pilot
   Travel Centers LLC, 19 FCC Rcd 23113 (2004);

   (g) "Adopting Order" means an order of the Commission adopting the terms
   and conditions of this Consent Decree, in the form attached hereto;

   (h) "Effective Date" means the date the Adopting Order is released by the
   Commission;

   (i) "Rules" means the Commission's Rules found in Title 47 of the Code of
   Federal Regulations;

   (j) "Act" means the Communications Act of 1934, as amended U.S.C. SS 151
   et seq.; and

   (k) "Compliance Plan" means the processes and procedures developed by
   Pilot in an effort to ensure compliance with the Communications Act and
   the Commission's Rules regarding the sale or offering for sale of radio
   frequency devices, as summarized in this Consent Decree.

   Terms of Settlement

   8. The Parties agree that the provisions of this Consent Decree shall be
   subject to final approval by the Commission by incorporation of such
   provisions by reference in the Adopting Order.

   9. The Parties agree that this consent Decree shall become binding on the
   Parties on the Effective Date. Pilot and the Commission represent and
   warrant that its signatory is duly authorized to enter into this Consent
   Decree on its behalf. Upon release, the Adopting Order and this Consent
   Decree shall have the same force and effect as any other final order of
   the Commission and any violation of the terms or conditions of this
   Consent Decree shall constitute a violation of a Commission order.

   10. Pilot acknowledges that the Commission has jurisdiction over the
   matters contained in this Consent Decree and the authority to enter into
   and adopt this Consent Decree.

   11. The Parties waive any rights they may have to seek administrative or
   judicial reconsideration, review, appeal or stay, or to otherwise
   challenge or contest the validity of this Consent Decree and the Adopting
   Order, provided that the Adopting Order adopts the Consent Decree without
   change, addition or modification.

   12. Pilot waives any rights it may have under any provision of the Equal
   Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
   relating to the matters discussed in this Consent Decree.

   13. The Parties agree that this Consent Decree does not constitute either
   an adjudication on the merits or a factual or legal finding or
   determination of any compliance or noncompliance with the Act or the
   Rules. The Parties further agree that this Consent Decree is for
   settlement purposes only and that by agreeing to the Consent Decree, Pilot
   does not admit or deny any liability for violating the Act or the Rules in
   connection with the matters that are the subject of this Consent Decree.

   14. In express reliance on the covenants and representations in this
   Consent Decree, the Commission agrees to terminate the Enforcement
   Proceeding.

   15. Pilot agrees that, as of the Effective Date of this Consent Decree:

   i. CB transmitters offered for sale or sold by Pilot will be FCC
      certified.

   ii. Prior to the sale or marketing of Amateur Radio Service transmitters,
       Pilot will ensure that the transmitters have been reviewed by the
       Technical Department Laboratory of the American Radio Relay League,
       Inc. ("ARRL") and found to transmit only in Amateur Radio Service
       bands.

   iii. It will remove all Galaxy Model Number DX33HML, DX66V or DX99V
        transceivers and any other Amateur Radio Service transmitters that
        have not been reviewed by the Technical Department Laboratory of the
        ARRL and found to transmit only in Amateur Radio Service bands from
        all retail areas of Pilot Travel Centers;

   iv. It will ensure that CB transmitters offered for sale or sold by
       entities leasing space on the premises of any Pilot owned or operated
       property are certified. It will ensure that all Amateur Radio Service
       transmitters offered for sale or sold by entities leasing space on the
       premises of any Pilot owned or operated property are reviewed by the
       Technical Department Laboratory of the ARRL and found to transmit only
       in Amateur Radio Service bands;

   v. If Pilot markets or offers for sale Amateur Radio Service transmitters,
      it will advise all store managers and employees involved in purchasing
      store inventory that Amateur Radio Service transmitters that have a
      built-in capability to operate on CB frequencies and can easily be
      altered to activate that capability fall within the definition of "CB
      transmitter" under Section 95.603(c) of the Rules and cannot be
      certified or sold. If Pilot offers for sale or markets CB transmitters,
      these employees will be instructed that CB transmitters offered for
      sale or sold on the premises of Pilot owned or operated property must
      be certified. If Pilot offers for sale or markets Amateur Radio Service
      transmitters, these employees will be instructed that, prior to the
      sale or marketing of Amateur Radio Service transmitters, the
      transmitters must be reviewed by the Technical Department Laboratory of
      the ARRL and found to transmit only in Amateur Radio Service bands. The
      terms of this Consent Decree will be made available to these employees.
      If applicable, Pilot further agrees to review these FCC requirements
      with these employees at least semi-annually for two years following the
      Effective Date; and

   vi. It will place compliance with this Consent Decree under the direct
       supervision of Pilot's Director of Marketing, Mr. Ed Leddy, or, in the
       event Mr. Ed Leddy is no longer with the company, his successors. If
       applicable, Mr. Leddy or his successors will ensure that store
       managers and employees involved in purchasing store inventory are
       advised of the FCC requirements described in paragraph v and the terms
       of this Consent Decree at least on a semi-annual basis for two years
       following the Effective Date. Mr. Leddy shall ensure that a copy of
       the ARRL product review shall be obtained by Pilot prior to purchasing
       models of Amateur Radio Service transmitters as store inventory and
       retained by Pilot for at least two years. If applicable, Mr. Leddy
       shall also implement, within thirty days of the Effective Date of this
       Consent Decree, internal procedures to ensure that only certified CB
       transmitters or ARRL reviewed Amateur Radio Service transmitters are
       purchased for sale in Pilot Travel Centers.

   16. The Parties acknowledge that this Consent Decree shall constitute a
   final and binding settlement between Pilot and the Commission regarding
   possible violations of Section 302(b) of the Act and Section 2.803(a)(1)
   of the Rules specified in the NAL. In consideration for termination by the
   Commission of the Enforcement Proceeding and in accordance with the terms
   of this Consent Decree, Pilot agrees to the terms set forth herein.

   17. The Commission agrees that it will not entertain, or institute on its
   own motion, any new proceeding, formal or informal, or take any action on
   its own motion against Pilot for the possible violations of Section 302(b)
   of the Act or Section 2.803(a) of the Rules committed prior to this
   Consent Decree. Nothing in this Consent Decree shall prevent the
   Commission from instituting investigations or enforcement proceedings
   against Pilot in the event of any other alleged misconduct that violates
   this Consent Decree or that violates any provision of the Act or the
   Rules.

   18. The Parties agree that each is required to comply with each individual
   condition of this Consent Decree. Each specific condition is a separate
   condition of the Consent Decree as approved. To the extent that Pilot
   fails to satisfy any condition, in the absence of Commission alteration of
   the condition, it will be deemed noncompliant and may be subject to
   possible future enforcement action with respect to such failure to satisfy
   the condition.

   19. The Parties also agree that any provision of this Consent Decree which
   conflicts with any subsequent rule, order of general applicability or
   other decision of general applicability adopted by the Commission will be
   superseded by such Commission rule, order or other decision.

   20. Pilot agrees to make a voluntary contribution to the United States
   Treasury in the amount of ninety thousand dollars ($90,000) within thirty
   (30) days of the Effective Date. Such contribution shall be made, without
   further protest or recourse, by mailing a check or similar instrument,
   payable to the order of the Federal Communications Commission, P.O.
   Box 358340, Pittsburgh, PA 15251-8340. The payment should reference
   NAL/Acct. No. 200532500001 and FRN 0006096010. Payment by overnight mail
   may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
   Pittsburgh, PA 15251.  Payment by wire transfer may be made to ABA
   Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

   21. If any Party (or the United States on behalf of the Commission) brings
   a judicial action to enforce the terms of the Adopting Order, neither
   Pilot nor the Commission shall contest the continuing validity of the
   Consent Decree or Adopting Order. The Parties agree to comply with, defend
   and support the validity of this Consent Decree and the Adopting Order in
   any proceeding seeking to nullify, void or otherwise modify the Consent
   Decree or the Adopting Order.

   22. The Parties agree that in the event that any court of competent
   jurisdiction renders this Consent Decree invalid, this Consent Decree
   shall become null and void and may not be used in any manner in any legal
   proceeding.

   23. This Consent Decree cannot be modified without the advance written
   consent of all of the Parties.

   24. This Consent Decree may be signed in counterparts.

   For the Commission:

   By: ________________________

   Marlene Dortch

   Secretary

   For Pilot Travel Centers LLC

   By: __________________________

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

   47 C.F.R. S 2.803(a)(1).

   See Pilot Travel Centers LLC, Notice of Apparent Liability, 19 FCC Rcd
   23113 (2004), erratum (rel. Nov. 23, 2004).

   47 U.S.C. SS 4(i) and 503(b).

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

   47 C.F.R. S 2.803(a)(1).

   47 U.S.C. S 302a.

   47 C.F.R. Part 2, Subpart J.

   CB radio operation is confined to forty specified channels from 26.965 MHz
   to 27.405 MHz (carrier frequency).

   See 47 C.F.R. S 2.927(a).

   47 C.F.R. S 2.803(a).

   47 C.F.R. S 95.603(c) [FCC 88-256], amended changing "type acceptance" to
   "certification" [FCC 98-58].

   Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996
   WL 242469, available at
   <>
   (OET, rel. May 13, 1996) ("Notice").

   Id.

   Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief
   Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC,
   1999).

   Pilot Travel Centers LLC, 19 FCC Rcd 23113 (2004).

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