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April 15, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
3800 N. 27th Street
Lincoln, NE. 68521
ShopKo Stores, Inc.
P.O. Box 19060
Green Bay, WI 54307-9060
Attn: Peter VandenHouten, Vice President and General Counsel
Re: File No. EB-08-KC-0069
Citation No.: C200832560004
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
ShopKo Stores, Inc. ("ShopKo") 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
On April 9, 2008 an agent from the Commission's Kansas City Office of the
Enforcement Bureau visited ShopKo's store at 3800 N. 27th Street,
Lincoln, NE. and observed that ShopKo 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 S:2.909 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 ShopKo has violated 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
Go Video DVD recorder YGDD3817 1
Philips DVD/VCR DVDR3355/37 1
Philips DVD recorder DVD-R3320V/37 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, any ShopKo retail outlet or any
other retail outlets under common ownership 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 Shopko 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, 520 NE Colbern Road, Lee's Summit,
Missouri 64086. You should contact this office by telephone, (XXX)
XXXX-XXXX to schedule this interview, which must take place within 10 days
of the date of this Citation.
Alternatively, as noted above, ShopKo 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
violation outlined above. Please reference file number EB-08-KC-0069 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
Robert C. McKinney
District Director, Kansas City Office
South Central Region
Analog tuner only television receiving equipment includes televisions,
television receivers, and other television receiving equipment, such as
video-cassette recorders and digital video recorders, that are covered by
the Commission's digital television reception capability implementation
schedule. See 47 C.F.R. S: 15.117(i)(1)(iv).
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