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

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



   Wal-Mart Store #2204

   1300 Des Plaines Ave.

   Forest Park, IL 60130

   Wal-Mart Stores, Inc.

   702 SW Eighth Street

   Bentonville, AR 72716

   Attn: Leslie A. Dach, Executive Vice President

   Corporate Affairs and Government Relations

   Re: File No.:  EB-07-CG-489

   Citation No.: C20073232007

   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
   Wal-Mart Store #2204 and Wal-Mart Stores, Inc. (collectively "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 June 1 2007, agents from the Enforcement Bureau's  Chicago District
   Office  visited Wal-Mart Store #2204  in Forest Park, IL 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

     (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]"                                                    

   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

     Manufacturer    Device     Model #  

     Magnavox       24 in. TV   MWC24T5  

     Magnavox       13 in. TV   MWC13D6  

     Magnavox       20 in. TV   MWC20T6  

     RCA            14 in. TV   14F512T  

   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, Wal-Mart 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
   Store is taking to ensure that it does not violate the Commission's rules
   governing the marketing of unauthorized radio frequency devices in the

   Wal-Mart  may request an interview at the closest FCC Office, which is
   Federal Communications Commission, 1550 N. Northwest Hwy. Park Ridge, IL
   60068. 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
   violation[s] outlined above. Please reference file number EB-07-CG-489
   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.



   James M. Roop

   Acting District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   cc: Douglas Jarrett, Esquire

   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).



                             WASHINGTON, D.C. 20554


   Visible links