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VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
Kmart Corporation
c/o Sears Holding Corporation
3333 Beverly Road
Hoffman Estates, IL 60179
Attn: William R. Harker, Senior Vice President and General Counsel
Re: File No. EB-07-SE-181
Dear Mr. Harker:
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
Kmart.com and Kmart Corporation ("Kmart") 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 4, 2007, an investigator from the Commission's Enforcement Bureau
visited Kmart's online retail site, [1]www.Kmart.com, and observed that
Kmart 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: [2]www.dtv.gov."
Accordingly, it appears that Kmart 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 Consumer Alert
label required under Section 15.117(k):
Manufacturer Device Model Number
RCA 27" TV 54818911/27V514T
RCA 13" TV 54299211/13V420T
Magnavox 20" TV 56735411
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 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 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 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, located in
Chicago, IL. Please call Neal McNeil at 202-418-2408 if you wish to
schedule a personal interview, which must take place within 10 days of
this Citation. Kmart may also submit a written statement within 10 days
of the date of this Citation to:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Re: EB-07-SE-181
Federal Communications Commission
445 12^th Street, S.W.
Washington, D.C. 20554
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,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 07-2378
2
Federal Communications Commission DA 07-2378
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
June 7, 2007
References
Visible links
1. http://www.target.com/
2. http://www.dtv.gov/