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   VIA CERTIFIED MAIL 7001 0360 0003 2940 9710

   RETURN RECEIPT REQUESTED

   Best Buy, Inc.

   21415 U. S. Highway 19 N

   Clearwater, Florida 33765

   Re: File No. EB-07-TP-110

   Citation No.: C20073270001

   This is an official CITATION, issued pursuant to Section 503(b)(5) of the
   Communications Act of 1934, as amended ("Act"), 47 U.S.C. S 503(b)(5), to
   Best Buy, Inc. ("Best Buy")  for failure to provide appropriate Consumer
   Alert disclosures on analog tuner only television receiving equipment in
   violation of Section 302(b) of the Act, 47 U.S.C. S 302a(b), and Section
   15.117(k) of the Commission's Rules ("Rules"), 47 C.F.R. S 15.117(k). As
   explained below, future violations of the Commission's rules in this
   regard may subject your company to monetary forfeitures.

   On May 29, 2007, an agent from the Commission's Tampa Office of the
   Enforcement Bureau  visited the Best Buy  store located at 21415 U.S.
   Highway 19 N., Clearwater, FL and observed that Best Buy did not have the
   proper Consumer Alert label displayed on equipment that contained an
   analog tuner but not a digital tuner at the point of sale.

   Section 302(b) of the Act provides that "[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 to this section." Section 15.117(k) of the Commission's Rules
   states:


     (k) The following requirements apply to all  responsible parties, as    
     defined in S2.909 of this chapter, and any person that displays or      
     offers for sale or rent television receiving equipment that is not      
     capable of receiving, decoding and tuning digital signals.              
                                                                             
     (1) Such parties and persons shall place conspicuously and in close     
     proximity to such television broadcast receivers a sign containing, in  
     clear and conspicuous print, the Consumer Alert disclosure text         
     required by subparagraph (3). The text should be in a size of type      
     large enough to be clear, conspicuous and readily legible, consistent   
     with the dimensions of the equipment and the label. The information     
     may be printed on a transparent material and affixed to the screen, if  
     the receiver includes a display, in a manner that is removable by the   
     consumer and does not obscure the picture, or, if the receiver does     
     not include a display, in a prominent location on the device, such as   
     on the top or front of the device, when displayed for sale, or the      
     information in this format may be displayed separately immediately      
     adjacent to each television broadcast receiver offered for sale and     
     clearly associated with the analog-only model to which it pertains.     
                                                                             
     (2) If such parties and persons display or offer for sale or rent such  
     television broadcast receivers via direct mail, catalog, or electronic  
     means, they shall prominently display in close proximity to the images  
     or descriptions of such television broadcast receivers, in clear and    
     conspicuous print, the Consumer Alert disclosure text required by       
     subparagraph (3). The text should be in a size large enough to be       
     clear, conspicuous, and readily legible, consistent with the            
     dimensions of the advertisement or description.                         
                                                                             
     (3) "CONSUMER ALERT                                                     
                                                                             
     This television receiver has only an analog broadcast tuner and will    
     require a converter box after February 17, 2009, to receive             
     over-the-air broadcasts with an antenna because of the Nation's         
     transition to digital broadcasting. Analog-only TVs should continue to  
     work as before with cable and satellite TV services, gaming consoles,   
     VCRs, DVD players, and similar products. For more information, call     
     the Federal Communications Commission at 1-888-225-5322 (TTY:           
     1-888-835-5322) or visit the Commission's digital television website    
     at: [1]www.dtv.gov."                                                    


   Accordingly, it appears that Best Buy has violated Section 302(b) of the
   Act, and Section 15.117(k) of the Rules by failing to place conspicuously
   and in close proximity to the Toshiba TV\DVD, model MD20H63, in clear and
   conspicuous print, the Consumer Alert label required under Section
   15.117(k). We caution you that failure to display the appropriate Consumer
   Alert label on any television receiving equipment that is not capable of
   receiving, decoding and tuning digital signals would constitute a further
   violation of Section 302(b) of the Act and Section 15.117(k) of the Rules.

   If, after receipt of this citation, any Best Buy retail outlet or any
   other retail outlets under common ownership or control violates the
   Communications Act or the Commission's rules in any manner described
   herein, the Commission may impose monetary forfeitures not to exceed
   $11,000 for each such violation or each day of a continuing violation up
   to $97,500 for a single continuing violation.

   If you choose to do so, you may respond to this citation within 10 days
   from the date of this letter either through (1) a personal interview at
   the Commission's Field Office nearest to your place of business, or (2) a
   written statement. Your response should specify the actions that Best Buy
   is taking to ensure that it does not violate the Commission's rules
   governing the marketing of unauthorized radio frequency devices in the
   future.

   Best Buy  may request an interview at the closest FCC Office, which is
   Federal Communications Commission,  Enforcement Bureau, South Central
   Region, Tampa Office, 2203 N. Lois Avenue, Suite 1215, Tampa, FL, 33607.
   You may contact this office by telephone, (XXX) XXXX-XXXX to schedule this
   interview, which must take place within 10 days of this Citation. Best Buy
   may also submit a written statement to the above address within 10 days of
   the date of this Citation. Any written statements should specify what
   actions have been taken to correct the violation outlined above. Please
   reference file number EB-07-TP-110 when corresponding with the Commission.

   Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing you
   that the Commission's staff will use all relevant material information
   before it, including information that you disclose in your interview or
   written statement, to determine what, if any, enforcement action is
   required to ensure your compliance with the Communications Act and the
   Commission's rules.

   The knowing and willful making of any false statement, or the concealment
   of any material fact, in reply to this citation is punishable by fine or
   imprisonment under 18 U.S.C. S 1001.

   Thank you in advance for your anticipated cooperation.

   Sincerely,

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   CC: Best Buy, Inc.

   7601 Penn Avenue South

   Richfield, MN 55423

   See 47 C.F.R. S 1.80(b)(3).

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

   2

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554

                                  May 31, 2007

References

   Visible links
   1. http://www.dtv.gov/