Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                  June 7, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Mr. Jack Saber

   Manager

   Circuit City Store # 3249

   12300 W. Sunrise Blvd.

   Plantation, FL 33323

   Circuit City Stores, Inc.

   9954 Maryland Drive

   Richmond, VA 23233-1463

   Attn: Reginald D. Hedgebeth, General Counsel

   Re: File No. EB-07-MA-036

   Citation No.: C20073260008

   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
   Circuit City Store #3249 and Circuit City Stores, Inc. (collectively
   "Circuit City")  for failure to provide appropriate Consumer Alert
   disclosures on analog tuner only television receiving equipment in
   violation of 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 June 5, 2007, agents from the Commission's Miami Resident Agent Office
   of the Enforcement Bureau visited the Circuit City Store in Plantation and
   observed that the Circuit City  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 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 Circuit City has violated Section 15.117(k)
   of the Rules by failing to place conspicuously and in close proximity to
   the following equipment, in clear and conspicuous print, the Consumer
   Alert label required under Section 15.117(k):


     Manufacturer   Device       Model #   Number of Units  

     Polaroid       Television   TDM1311   4                

     Symphonic      Television   SC1304    1                

     Symphonic      Television   ST414FG   1                



   We caution you that failure to display an 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 15.117(k) of the Rules.

   If, after receipt of this citation, Circuit City Stores, Inc. 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 Circuit
   City is taking to ensure that it does not violate Section 15.117(k) of the
   Commission's rules in the future.

   If you choose to request a personal interview, the closest FCC Office is
   Federal Communications Commission, 2203 N. Lois Avenue, Room 1215, Tampa,
   FL 33607. You should contact this office by telephone, (XXX) XXXX-XXXX to
   schedule this interview, which must take place within 10 days of this
   Citation. Alternatively, as noted above, Circuit City  may 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 violations outlined above. Please reference file
   number EB-07-MA-036  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

   Marcus D. Stevens

   Resident Agent - Miami Office

   South Central Region

   Enforcement Bureau

   CC   Robert S. Schwartz
   Constantine Cannon LLP
   1627 Eye Street, N.W.
   Washington, D.C. 20006

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

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

   3

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554

References

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