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 5, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Sears

   4502 South Steele Street, Suite 100
   Tacoma, WA 98409

   Sears Holding Corporation

   3333 Beverly Road
   Hoffman Estates, IL 60179

   Attn.: William R. Harker

   Senior Vice President and General Counsel

   Re: File No. EB-07-ST-118

   Citation No.: C20073298013

   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
   Sears, Tacoma, Washington, and Sears Holding Corporation  (collectively
   "Sears") 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 June 1, 2007, the Enforcement Bureau's Seattle Office visited the Sears
   store at 4502 South Steele Street, Suite 100, Tacoma, Washington, and
   observed that Sears 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 Sears 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 #   

     Sylvania       TV/DVD/VCR   6724FDG    

     Sylvania       TV/DVD/VCR   6520FDG/F  

     Sylvania       TV/DVD       6520FDG    

     Toshiba        TV/DVD       MD20Q41    

     Sylvania       TV           6420FF     

     Sylvania       TV           6419TG     

     Sylvania       TV           6413TEY    

     Toshiba        TV/DVD       MD13Q42    

     Toshiba        TV/DVD       MD20F51    


   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, Sears  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 Sears is
   taking to ensure that it does not violate the Commission's rules governing
   the marketing of unauthorized radio frequency devices in the future.

   Sears may request an interview at the closest FCC Office, which is Federal
   Communications Commission, 11410 NE 122^nd Way, Suite 312, Kirkland,
   Washington. You may contact this office by telephone, (XXX) XXXX-XXXX to
   schedule this interview, which must take place within 10 days of this
   Citation. Sears 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-118 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).

   2

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554

References

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