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 4, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Best Buy Store # 470

   330 NE Northgate Way
   Seattle, WA  98125

   Best Buy, Inc.

   7601 Penn Avenue South

   Richfield, MN 55423

   Attn.: Joseph M. Joyce

   Senior Vice President and General Counsel

   Re: File No. EB-07-ST-112

   Citation No.: C20073298009

   Dear Retailer:

   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 Store # 470 and Best Buy, Inc. (collectively "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 31, 2007 the Enforcement Bureau's Seattle Office of the Enforcement
   Bureau visited Best Buy Store # 470 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 following equipment, in clear and
   conspicuous print, the Consumer Alert label required under Section
   15.117(k):


     Manufacturer      Device       Model #    

     Toshiba        DVD/VCR        D-VR5       

     Panasonic      DVD/VCR        DMR-ES35VS  

     Phillips       DVD RECORDER   DVDR3400    

     Sony           DVD REC/VCR    RDRVX530    

     Insignia       DVD            NS-DRVCR    

     Sony           DVD RECORDER   RDRGX330    

     Panasonic      DVD RECORDER   DMR-ES15S   


   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, Best Buy  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, 11410 NE 122^nd WAY, SUITE 312,
   KIRKLAND, WA 98034. 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
   violations outlined above. Please reference file number EB-07-ST-112 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

   Kristine A. McGowan

   District Director

   Seattle District Office

   Western Region

   Enforcement Bureau

   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/