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June 12, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sears Store #1874
RR 541 Box I-295
Burlington Town Ctr
Burlington, NJ 08016
Sears, Roebuck & Co.
3333 Beverly Road
Hoffman Estates, IL 60179
Attn.: William R. Harker
Senior Vice President and General Counsel
Re: File No. EB-07-PA-170
Citation No.: C20073240030
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 Store #1874 and Sears, Roebuck & Co. (collectively "Sears") 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 Philadelphia Office
visited Sears Store #1874 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 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
Accordingly, it appears that Sears 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 required Consumer
Manufacturer Device Model # Number of Units
Haier TV HTN20R15 1
Philips TV 20PT6441/37 1
Sony TV KV20FS120 1
Sylvania TV / DVD / VCR SREC427 1
Sylvania TV 6420FF 1
Toshiba DVD / VCR SD-V394 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, Sears engages in conduct of the type
described herein, in violation of the Communications Act or the
Commission's rules, 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 Section 15.117(k) of the
Commission's rules in the future.
If you choose to request a personal interview, the closest FCC Office is
Federal Communications Commission, Philadelphia Office, One Oxford Valley
Building, Suite 404, 2300 East Lincoln Highway, Langhorne, Pennsylvania
19047. You should contact this office by telephone, (XXX) XXXX-XXXX to
schedule this interview, which must take place within 10 days of this
Citation. Alternatively, as noted above, Sears may 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-PA-170 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
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.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
See 47 C.F.R. S 1.80(b)(3).
47 U.S.C. S 503(b)(5).
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554