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VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wal-Mart Stores, Inc.
1505 N. Dale Mabry Hwy.
Tampa, FL 33607
Wal-Mart Stores, Inc
702 SW Eighth Street
Bentonville, AR 72716
Attn: Leslie A. Dach, Executive Vice President
Corporate Affairs and Governmental Relations
Re: File No. EB-07-TP-111
Citation No.: C20073270004
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
Wal-Mart Stores, Inc. ("Wal-Mart") 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, agents from the Commission's Tampa Office of the
Enforcement Bureau visited the Wal-Mart store located at 1505 N. Dale
Mabry Hwy., Tampa, FL and observed that Wal-Mart 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 Wal-Mart 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):
* Durabrand 13" TV, model DWT1304; and
* Magnavox 20" TV, model 20MT1331.
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 Wal-Mart 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 Wal-Mart
is taking to ensure that it does not violate the Commission's rules
governing the marketing of unauthorized radio frequency devices in the
future.
Wal-Mart may request an interview at the closest FCC Office, which is
Federal Communications Commission, Enforcement Bureau, South Central
Region, 2203 N. Lois Ave., 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. Wal-Mart 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-TP-111 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 Douglas Jarrett, Esq.
Keller and Heckman LLP
1001 G Street, N.W., Suite 500 West
Washington, D.C. 20001
See 47 C.F.R. S 1.80(b)(3).
47 U.S.C. S 503(b)(5).
4
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
JUNE 1, 2007
References
Visible links
1. http://www.dtv.gov/