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June 25, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Universal LCD
34-09 Queens Blvd
Long Island City, NY 11001
Attn: Edward Sky
Re: File No. EB-07-SE-199
Dear Mr. Sky:
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
UniversalLCD.com ("Universal") 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 several dates between June 12, 2007 and June 21, 2007, staff from the
Enforcement Bureau's Spectrum Enforcement Division visited Universal's
internet site and observed that Universal 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 Universal 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 #
Haier CRT TV HTN13R12S
Polaroid CRT TV TTM-2004R
RCA CRT TV 14F512T
RCA CRT TV 20F512T
RCA CRT TV 20V500T
RCA CRT TV E13320
Samsung CRT TV LN-S2351W
Samsung CRT TV TX-R2035
Toshiba CRT TV 14AF46
Toshiba CRT TV 19A26
Toshiba CRT TV 24AF46
Audiovox Flat Panel TV/DVD combo FPE1078
Haier Flat Panel TV 15HL25S
Hisense USA Flat Panel TV LCD1504U
Norcent Flat Panel TV LT2022A
Norcent Flat Panel TV LT2722
Norcent Flat Panel TV LT3222
Olevia Flat Panel TV LT27HVX
Olevia Flat Panel TV LT32HVM
Polaroid Flat Panel TV FLM-153B
Polaroid Flat Panel TV FLM-1511
Polaroid Flat Panel TV FLM-2017
Samsung LCD TV LN-R1550
Sharp LCD TV LC-15SH6U
Sharp LCD TV LC-15S5U
Sharp LCD TV LC-20S5U
Sharp LCD TV LC-20SH6U
Toshiba LCD TV 20HLK86
Westinghouse LCD TV LTV-19W6
Zenith LCD TV Z15LCD1
Zenith LCD TV Z20LCD1
Sharp Plasma TV LC-15SH6U
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, Universal 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 Universal
is taking to ensure that it does not violate Section 15.117(k) of the
Rules in the future.
Universal may request an interview at the closest FCC Office, which is
located in New York, New York. Please contact Holly Berland at (202)
418-1160 if you wish to schedule an interview, which must take place
within 10 days of this Citation. Universal 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
Federal Communications Commission
Re: File No. EB-07-SE-199
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).
47 U.S.C. S 503(b)(5).
Federal Communications Commission DA 07-2784
3
Federal Communications Commission DA 07-2784
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. http://www.dtv.gov/