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June 15, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ultimate Electronics
1370 S. Colorado Blvd.
Denver, CO 80222
Ultimate Electronics, Inc.
321 West 84th Avenue, # A
Thornton, CO 80260
Re: File No. EB-07-DV-220
Citation No.: C20073280012
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
Ultimate Electronics in Denver, Colorado, and Ultimate Electronics, Inc.
(collectively "Ultimate Electronics") 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 11, 2007, agents from the Enforcement Bureau's Denver Office
visited Ultimate Electronics, Denver, Colorado, and observed that Ultimate
Electronics 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 Ultimate Electronics 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 Alert label:
Manufacturer Device Model # Number of Units
Sony DVD Recorder RDRGX315 1
Panasonic DVD Recorder DMR ES25 1
Sony DVD Recorder RDRGX330 1
Sony DVD/VHS Combo RDRVX515 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, Ultimate Electronics 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 Ultimate
Electronics 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, 215 S. Wadsworth Blvd., Suite 303, in
Lakewood, Colorado. 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, Ultimate Electronics 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-DV-220 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
Nikki P. Shears
District Director, Denver District Office
Western Region
Enforcement Bureau
See 47 C.F.R. S 1.80(b)(3).
47 U.S.C. S 503(b)(5).
3
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. http://www.dtv.gov/