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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                          
                                                            
                                 )                          
     In the Matter of                File No. EB-07-RK-005  
                                 )                          
     Variety Wholesalers, Inc.       Acct. No. 0832460004   
                                 )                          
     Henderson, NC                   FRN 0005489679         
                                 )                          
                                                            
                                 )                          


                                     ORDER

   Adopted: June 10, 2008 Released: June 12, 2008

   By the Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and Variety Wholesalers,
       Inc. ("Variety"). The Consent Decree terminates an investigation by
       the Bureau against Variety for possible violations of Section
       15.117(k) of the Commission's Rules regarding the labeling of
       television receiving equipment that contains an analog broadcast
       television tuner but does not contain a digital broadcast television
       tuner.

    2. The Bureau and Variety have negotiated the terms of the Consent Decree
       that resolve this matter. A copy of the Consent Decree is attached
       hereto and incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Variety possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
       Communications Act of 1934, as amended, and Sections 0.111 and 0.311
       of the Commission's Rules, the Consent Decree attached to this Order
       IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. shall make its
       voluntary contribution to the United States Treasury, as specified in
       the Consent Decree, by mailing a check or similar instrument payable
       to the order of the Federal Communications Commission, to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Variety shall also send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

    8. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. will file reports
       with the Commission ninety days after the Effective Date and on July
       9, 2009. Each report shall include a compliance certificate from an
       officer, as an agent of Variety, stating that the officer has personal
       knowledge that Variety  has established operating procedures intended
       to ensure compliance with this Consent Decree, together with an
       accompanying statement explaining the basis for the officer's
       compliance certification. All reports shall be submitted to Kathryn S.
       Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554 and by e-mail at Kathy.Berthot@fcc.gov.

    9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Variety Wholesalers, Inc., G. Templeton Blackburn, II,
       Sr. Vice President and General Counsel, 218 S. Garnett Street, Post
       Office Drawer 947, Henderson, NC 27536.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                          
                                                            
                                 )                          
                                                            
     In the Matter of            )   File No. EB-07-RK-005  
                                                            
     Variety Wholesalers, Inc.   )   Acct. No. 0832460004   
                                                            
     Henderson, NC               )   FRN 0005489679         
                                                            
                                 )                          
                                                            
                                 )                          


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau")  and Variety Wholesalers, Inc.
   ("Variety"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Enforcement Bureau's
   investigation into whether Variety violated the labeling requirements of
   television receiving equipment containing an analog broadcast television
   tuner but without a digital broadcast television tuner, as set forth in
   Section 15.117(k) of the Commission's Rules ("Rules").

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Analog-only television receiving equipment" means television
       receiving equipment that contains an analog broadcast television tuner
       but does not contain a digital broadcast television ("DTV") tuner.

    d. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Citations" means the citations issued by Bureau or the Commission
       between May 29, 2007, and the Effective Date alleging violations by
       Variety of Section 15.117(k) of the Commission's Rules.

    g. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    h. "Investigation" means the investigation initiated by the Bureau
       regarding Variety's compliance through the Effective Date with Section
       15.117(k) of the Commission's Rules regarding the labeling of
       television receiving equipment that contains an analog broadcast
       television tuner but does not contain a digital broadcast television
       ("DTV") tuner.

    i. "Parties" means Variety and the Commission.

    j. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    k. "Variety" means Variety Wholesalers, Inc. and its
       predecessors-in-interest and successors-in-interest.

   II. BACKGROUND

    2. To ensure that consumers do not inadvertently buy analog-only
       television receiving equipment without understanding that such devices
       will not be capable of receiving over-the-air television reception of
       digital signals after analog broadcasting ends unless connected to a
       digital-to-analog converter or a digital subscription service, the
       Commission adopted rules requiring  anyone that sells, offers for
       sale, or rents television receiving equipment that does not contain a
       DTV tuner to display a Consumer Alert at the point of sale. This
       requirement also applies to the sale or rent of analog-only television
       receiving equipment via direct mail, catalog, or electronic means
       (e.g., the Internet). These requirements are contained in Section
       15.117(k) of the Rules, which became effective on May 25, 2007.

    3. Section 15.117(k)(3) of the Rules requires that the Consumer Alert
       contain the following language:


                                   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: www.dtv.gov.                         


       The Consumer Alert must 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 alert either must be printed on a
       transparent material and affixed to the screen, in a manner that is
       removable by the consumer and does not obscure the picture when
       displayed for sale, or displayed separately immediately adjacent to
       each television receiver offered for sale and clearly associated with
       the analog-only model to which it pertains. In the case of other
       analog-only video devices that do not include a display (e.g., VCRs,
       DVD players), the Consumer Alert must be in a prominent location on
       the device, such as on the top or front, or displayed separately
       immediately adjacent to and clearly associated with the analog-only
       model to which it pertains. To the extent that any persons display or
       offer for sale or rent via direct mail, catalog, or electronic means
       analog-only television receiving equipment, they must prominently
       display the Consumer Alert as part of all advertisements or
       descriptions of such television receiving equipment, in clear and
       conspicuous print, and in close proximity to any images or
       descriptions of such equipment.

         4. After the rule became effective, the Bureau began inspecting
            stores throughout the country, as well as popular retailer
            websites, and observed many models of analog-only television
            receiving equipment on display without the required Consumer
            Alert labels. Beginning on or about May 29, 2007, the Bureau
            conducted inspections at multiple Variety stores. Based on those
            inspections, and relying on publicly available information, the
            Bureau issued Citations to Variety  for alleged violations of
            Section 15.117(k) at its stores. After affording Variety  a
            reasonable opportunity to respond to the first Citation, agents
            and investigators from the Enforcement Bureau inspected Variety 
            stores in various states and observed, in stores, what appeared
            to them to be television receiving equipment with analog-only
            tuners on display apparently without the required Consumer Alert
            labels.

       III. TERMS OF AGREEMENT

         5. Adopting Order. The Parties agree that the provisions of this
            Consent Decree shall be subject to final approval by the Bureau
            by incorporation of such provisions by reference in the Adopting
            Order without change, addition, modification, or deletion.

         6. Jurisdiction. Variety agrees that the Bureau has jurisdiction
            over it and the matters contained in this Consent Decree and has
            the authority to enter into and adopt this Consent Decree.

         7. Effective Date; Violations. The Parties agree that this Consent
            Decree shall become effective on the date on which the Bureau
            releases the Adopting Order. Upon release, the Adopting Order and
            this Consent Decree shall have the same force and effect as any
            other Order of the Bureau. Any violation of the Adopting Order or
            of the terms of this Consent Decree shall constitute a separate
            violation of a Bureau Order, entitling the Bureau to exercise any
            rights and remedies attendant to the enforcement of a Commission
            Order.

         8. Termination of Investigation. In express reliance on the
            covenants and representations in this Consent Decree and to avoid
            further expenditure of public resources, the Bureau agrees to
            terminate the Investigation. In consideration for the termination
            of said Investigation, Variety agrees to the terms, conditions,
            and procedures contained herein. The Bureau further agrees that
            in the absence of new material evidence, the Bureau will not use
            the facts developed in this Investigation through the Effective
            Date of the Consent Decree, or the existence of this Consent
            Decree, to institute, on its own motion, any new proceeding,
            formal or informal, or take any action on its own motion against
            Variety concerning the matters that were the subject of the
            Investigation. The Bureau also agrees that it will not use the
            facts developed in this investigation through the Effective Date
            of this Consent Decree, or the existence of this Consent Decree,
            to institute on its own motion any proceeding, formal or
            informal, or take any action on its own motion against Variety
            with respect to Variety's basic qualifications, including its
            character qualifications, to hold Commission authorizations.

         9. Consumer Education Regarding the DTV Transition: Variety agrees
            to implement the following measures to educate the public about
            the upcoming digital transition:

         A. Within sixty (60) days of the Effective Date, Variety  will place
            an adhesive label on every box containing an analog-only
            television containing the FCC approved text of the Consumer Alert
            together with a statement that information on the digital
            transition is available at www.dtv.gov and www.dtv2009.gov.

         B. In fifty (50) percent of all print advertising featuring
            televisions between the Effective Date and February 17, 2009,
            Variety  will include a reference to the February 17, 2009 DTV
            transition end date and refer to the FCC's DTV transition website
            (www.dtv.gov).

         C. For Rose's stores, a tradename of stores operated by Variety,
            within sixty (60) days of either the Effective Date or the date
            it receives a sample video from the Bureau, whichever is later,
            Variety  will  display a video announcement on the DTV transition
            and the National Telecommunications and Infrastructure
            Administration's Digital-to-Analog Converter Box Coupon Program
            on a continuous loop in stores with such video capabilities. [The
            Bureau shall provide 100 copies of the video to Variety for its
            stores.]

         D. Within sixty (60) days of either the Effective Date or the date
            it receives an electronic copy of a sample tipsheet on the DTV
            transition from the Bureau, whichever is later, Variety shall
            print and stock such tipsheets adjacent to television displays in
            stores. In the event that the Commission or its designee notifies
            Variety that the tipsheet has been updated, Variety will use the
            revised tipsheet within 30 days of receipt

        10. Termination of Sales of Analog-Only Televisions. Variety has not
            placed any orders for analog only televisions after February 5,
            2008. Variety's stock of unsold analog-only televisions as of the
            Effective Date is less than 5,000 units and consists solely of
            refurbished televisions. Variety shall terminate all domestic
            retail sales of analog-only televisions no later than December
            31, 2008. Beginning August 29, 2008, and on the last business day
            of each successive month, Variety shall notify Diane Law-Hsu,
            Regional Counsel, South Central Region, Enforcement Bureau,
            Federal Communications Commission, at SCR-Response@fcc.gov
            whether Variety continues to sell analog-only televisions.
            Beginning September 1, 2008, and continuing on the first business
            day of each successive month, Variety shall make a voluntary
            contribution to the United States Treasury in the amount of
            $1,500 until Variety no longer sells analog-only televisions.
            Payment shall be made as described in Paragraph 13. Variety's 
            audit staff will confirm compliance with this paragraph.

        11. Compliance Report. Variety will file a compliance report with the
            Commission within 90 days of the Effective Date and on February
            17, 2009. The compliance report shall include a compliance
            certificate from an officer, as an agent of Variety, stating that
            the officer has personal knowledge that Variety has established
            operating procedures intended to ensure compliance with this
            Consent Decree, together with an accompanying statement
            explaining the basis for the officer's compliance certification.
            The compliance reports shall be submitted to Kathryn S. Berthot,
            Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
            Communications Commission, 445 12th Street, S.W., Washington,
            D.C. 20554 and by e-mail at Kathy.Berthot@fcc.gov.

        12. Termination Date. Unless stated otherwise,  the requirements of
            this Consent Decree will expire February 17, 2009.

        13. Voluntary Contribution. Variety agrees that it will make a
            voluntary contribution to the United States Treasury in the
            amount of thirty eight thousand dollars ($38,000). This payment
            will be made within thirty (30) days after the Effective Date of
            the Adopting Order. Each payment must be made by check or similar
            instrument, payable to the order of the Federal Communications
            Commission. The payment must include the NAL/Account Number and
            FRN Number referenced in the caption to the Adopting Order.
            Payment by check or money order may be mailed to Federal
            Communications Commission, P.O. Box 979088, St. Louis, MO
            63197-9000. Payment by overnight mail may be sent to U.S. Bank -
            Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
            St. Louis, MO 63101. Payments by wire transfer may be made to ABA
            Number 021030004, receiving bank TREAS/NYC, and account number
            27000001. For payment by credit card, an FCC Form 159 (Remittance
            Advice) must be submitted.  When completing the FCC Form 159,
            enter the NAL/Account number in block number 23A (call sign/other
            ID), and enter the letters "FORF" in block number 24A (payment
            type code). Variety shall also send electronic notification on
            the date said payment is made to Diane Law-Hsu at
            SCR-Response@fcc.gov.

        14. Waivers. Variety waives any and all rights it may have to seek
            administrative or judicial reconsideration, review, appeal or
            stay, or to otherwise challenge or contest the validity of this
            Consent Decree and the Adopting Order, provided the Bureau issues
            the Adopting Order without change, addition, modification, or
            deletion. Variety shall retain the right to challenge Commission
            interpretation of the Consent Decree or any terms contained
            herein. If either Party (or the United States on behalf of the
            Commission) brings a judicial action to enforce the terms of the
            Adopting Order, neither Variety nor the Commission shall contest
            the validity of the Consent Decree or the Adopting Order, and
            Variety shall waive any statutory right to a trial de novo.
            Variety hereby agrees to waive any claims it may otherwise have
            under the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47
            C.F.R. S: 1.1501 et seq., relating to the matters addressed in
            this Consent Decree.

        15. Severability. The Parties agree that if any of the provisions of
            the Adopting Order or the Consent Decree shall be invalid or
            unenforceable, such invalidity or unenforceability shall not
            invalidate or render unenforceable the entire Adopting Order or
            Consent Decree, but rather the entire Adopting Order or Consent
            Decree shall be construed as if not containing the particular
            invalid or unenforceable provision or provisions, and the rights
            and obligations of the Parties shall be construed and enforced
            accordingly. In the event that this Consent Decree in its
            entirety is rendered invalid by any court of competent
            jurisdiction, it shall become null and void and may not be used
            in any manner in any legal proceeding.

        16. Subsequent Rule or Order. The Parties agree that if any provision
            of the Consent Decree conflicts with any subsequent rule or Order
            adopted by the Commission (except an Order specifically intended
            to revise the terms of this Consent Decree to which Variety does
            not expressly consent) that provision will be superseded by such
            Commission rule or Order.

        17. Successors and Assigns. Variety agrees that the provisions of
            this Consent Decree shall be binding on its successors, assigns,
            and transferees.

        18. Final Settlement. The Parties agree and acknowledge that this
            Consent Decree shall constitute a final settlement between the
            Parties. The Parties further agree that this Consent Decree does
            not constitute either an adjudication on the merits or a factual
            or legal finding or determination regarding any compliance or
            noncompliance with the requirements of the Act or the
            Commission's Rules and Orders.

        19. Modifications. This Consent Decree cannot be modified without the
            advance written consent of both Parties.

        20. Paragraph Headings. The headings of the Paragraphs in this
            Consent Decree are inserted for convenience only and are not
            intended to affect the meaning or interpretation of this Consent
            Decree.

        21. Authorized Representative. Each party represents and warrants to
            the other that it has full power and authority to enter into this
            Consent Decree.

        22. Counterparts. This Consent Decree may be signed in any number of
            counterparts (including by facsimile), each of which, when
            executed and delivered, shall be an original, and all of which
            counterparts together shall constitute one and the same fully
            executed instrument.

       ________________________________

       Kris Anne Monteith

       Chief

       Enforcement Bureau

       ________________________________

       Date

       ________________________________

       Peter J. Hayes

       Chief Operating Officer

       Variety Wholesalers, Inc.

       ________________________________

       Date

       47 U.S.C. S: 154(i).

       47 C.F.R. S:S: 0.111, 0.311.

       47 C.F.R. 15.117(k).

       Second Periodic Review of the Commission's Rules and Policies
       Affecting the Conversion To Digital Television, Second Report and
       Order, 22 FCC Rcd 8776 (2007) ("Second DTV Periodic Report and
       Order").

       Second Periodic Review in the Commission's Rules and Policies
       Affecting the Conversion to Digital Television, 72 Fed. Reg. 28894-01
       (May 23, 2007).

       Federal Communications Commission DA 08-1377

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       Federal Communications Commission DA 08-1377

       Federal Communications Commission DA 08-1377

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       Federal Communications Commission DA 08-1377

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