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June 7, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fry's Electronics, Inc.
600 East Brokaw
San Jose, CA 95112
Attn.: Kathryn J. Kolder, Registered Agent
Re: File No. EB-07-SE-180
Dear Ms. Kolder:
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
Frys.com and Fry's Electronics, Inc. (collectively "Frys") 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 1, 2007, an investigator from the Commission's Enforcement Bureau
visited Fry's internet site and observed that Frys 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 Frys 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 #
Emprex 32" LCD TV HD3202
Sony 7" Monitor Package LF-X5
Sony DVD Recorder RDRVX530
Samsung DVD Recorder DVD-R135A
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, Frys 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 Frys is
taking to ensure that it does not violate Section 15.117(k) of the
Commission's rules in the future.
Frys may request an interview at the closest FCC Office, which is located
in San Francisco, California. Please contact Brett Greenwalt at (202)
418-1160 to schedule this interview, which must
take place within 10 days of this Citation. Frys 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-180
Federal Communications Commission
445 12^th Street, S.W., Rm. 3-C366
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).
47 U.S.C. S 503(b)(5).
Federal Communications Commission DA 07-2384
3
Federal Communications Commission DA 07-2384
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. http://www.dtv.gov/