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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-LA-344
Big Lots, Inc. )
) Citation No.: C20073290011
Huntington Beach, CA )
CITATION
Released: February 6, 2007
By the District Director, Los Angeles District Office, Western Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Big Lots, Inc.,
for violation of Section 302(b) of the Act, and Section 2.803(a)(1) of
the Commission's Rules ("Rules") for marketing unauthorized radio
frequency devices in the United States.
2. Investigation by the Enforcement Bureau's Los Angeles Office revealed
that on December 14, 2006, Big Lots, Inc., at their retail store
#4088, 21082 Beach Blvd.,
Huntington Beach, CA 92648 , marketed unauthorized radio devices,
specifically, Travel Solutions, wireless optical mouse, item
#550-20-531, which has not been certificated for sale or use in the
United States.
3. 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 pursuant to this section." Section
2.803(a)(1) of the Commission's implementing regulations provides that
"no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified
and labeled. . . ." Big Lots, Inc.'s marketing of these devices
violates both of these sections.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. Pursuant to Sections 4(i), 4(j), and 403 of the Act, Big Lots, Inc.,
is directed to provide the documents and information specified herein,
within 14 days from the date of this Citation.
a. The name and address of the manufacturer, distributor or importer
from which Big Lots Inc. acquired the Travel Solutions wireless
optical mouse.
6. Big Lots, Inc., may request an interview at the closest FCC Office,
which is Federal Communications Commission, 18000 Studebaker Rd.,
Suite 660, Cerritos, CA 90703 address. You may contact this office by
telephone, XXX XXX-XXXX, to schedule this interview, which must take
place within 14 days of this Citation. Big Lots, Inc., may also submit
a written statement to the above address within 14 days of the date of
this Citation. Any written statements should specify what actions have
been taken to correct the violation[s] outlined above. Please
reference file number EB-06-LA-344 when corresponding with the
Commission.
7. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
8. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Big
Lots, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director, Los Angeles District Office
Western Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. SS 154(i), 154(j), 403.
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission