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June 6, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
94-825 Lumiaina Street
Waipahu, HI 96797
c/o Sears Holding Corporation
3333 Beverly Road
Hoffman Estates, IL 60179
William R. Harker
Re: File No. EB-07-HL-156
Citation No.: C20073286004
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
the Kmart Waipahu store and Kmart c/o Sears Holding Corporation
(collectively "Kmart") 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 4, 2007, agents from the Enforcement Bureau's Honolulu Resident
Office visited the Kmart store at 94-825 Lumiaina Street, Waipahu,
Hawaii, and observed that Kmart did not have the proper Consumer Alert
label displayed on television 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
Accordingly, it appears that Kmart has violated Section 302(b) of the Act
and Section 15.117(k)(1) of the Rules by failing to place a label on the
following equipment in a location so that it is "clearly associated with
the analog-only model to which it pertains:"
Manufacturer Device Model # Number of Units
RCA Television 20FS12T 1
RCA Television 27VS14T 1
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, Kmart 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
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 Kmart is
taking to ensure that it does not violate Section 15.117(k) of the
Commission's rules in the future.
Kmart may request an interview at the closest FCC Office, which is Federal
Communications Commission, 5653 Stoneridge Drive, Suite 105, Pleasanton,
California. You may contact this office by telephone, (XXX) XXXX-XXXXto
schedule this interview, which must take place within 10 days of this
Citation. Kmart may also submit a written statement to the Honolulu
Resident Agent Office, POB 971030, Waipahu, HI 96797-1030 within 10 days
of the date of this Citation. Any written statements should specify what
actions have been taken to correct the violations outlined herein. Please
reference file number EB-07-HL-156 when corresponding with the
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
John R. Raymond.
Honolulu Resident Agent
Honolulu Resident Agent Office, Western Region
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