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July 7, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fred's Store # 2465
1801 Wilson Rd
Newberry, SC 29108
4300 New Getwell Road
Memphis, TN 38118
Attn.: Charles S. Vail, Vice President and General Counsel
Re: File No. EB-08-AT-0175
Citation No.: C200832480001
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
Fred's Store # 2465 and Fred's Inc. (collectively "Fred's") 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 July 3, 2008, an agent from the Commission's Atlanta Office of the
Enforcement Bureau visited Fred's Store #2465 at 1801 Wilson Rd,
Newberry, SC 29108 and observed that Fred's 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 Fred's 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
BROOK SONIC 19" COLOR TV CTGV-5463TCT 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 Fred's 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 30 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 Fred's 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, 3575 Koger Blvd Suite 320, Duluth, GA
30096. 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, Fred's 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-AT-0175 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
District Director, Atlanta 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