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 8, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   RadioShack # 01-3399

   929 Southcenter Mall

   Tukwila, WA 98188

   RadioShack Corporation

   Riverfront Campus World Headquarters

   300 RadioShack Circle

   Fort Worth, Texas 76102-1964

   Attn.: David Goldberg, Senior Vice President and General Counsel

   Re: File No. EB-07-ST-130

   Citation No.: C20073298016

   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
   RadioShack # 01-3399 and RadioShack Corporation (collectively
   "RadioShack") for failure to provide appropriate Consumer Alert
   disclosures on analog tuner only television receiving equipment in
   violation of 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 6, 2007, agents from the Enforcement Bureau's Seattle District
   Office visited RadioShack # 01-3399 and observed that RadioShack 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 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 RadioShack has violated 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 #     Number of Units  

     Samsung        DVD/VCR combo   DVD-V9650   1                


   We caution you that failure to display an 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 15.117(k) of the Rules.

   If, after receipt of this citation, RadioShack 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
   RadioShack is taking to ensure that it does not violate Section 15.117(k)
   of the Commission's rules in the future.

   RadioShack may request an interview at the closest FCC Office, which is
   Federal Communications Commission, Seattle District Office, 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. RadioShack 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 outlined above. Please reference file
   number EB-07-ST-130 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

   CC: Joe D. Edge, Esquire

   Drinker Biddle & Reath LLP

   1500 K Street NW

   Washington, DC 20005

   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/