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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                               
                                                                 
                                 )                               
     In the Matter of                File Number EB-07-RC-003    
                                 )                               
     Circuit City Stores, Inc.       NAL/Acct. No. 200732200002  
                                 )                               
     Richmond, VA                    FRN # 0003753686            
                                 )                               
                                                                 
                                 )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: April 9, 2008 Released: April 10, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Circuit City Stores, Inc. ("Circuit City") apparently willfully
       and repeatedly  violated Section 15.117(k)  of the Commission's Rules
       ("Rules") by failing to place the required Consumer Alert label
       immediately adjacent to and clearly associated with television
       receiving equipment that contains an analog broadcast television tuner
       but does not contain a digital broadcast television tuner (hereinafter
       "analog-only tuner") that it displayed or offered for sale or rent. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Circuit City is apparently liable for a
       forfeiture in the amount of seven hundred twelve thousand dollars
       ($712,000).

   II. BACKGROUND

    2. Congress has established February 17, 2009 as the deadline for the end
       of analog transmissions for full power television stations. The
       Commission is statutorily obligated to promote the orderly transition
       to digital television, "a critical step in the evolution of broadcast
       television." As we stated previously, "[w]e are committed to ensuring
       the rapid completion of that transition in a way that delivers the
       greatest possible benefits to the viewing public." As part of that
       commitment and in light of the upcoming deadline, we recently
       announced that "it is necessary and appropriate to require retailers
       to provide consumers with information regarding this transition date
       at the point of sale." We reached this conclusion after determining
       that consumer electronics industry efforts had not adequately informed
       consumers how analog-only television equipment purchased now will
       function when the transition to digital broadcasting ends.

    3. To ensure that consumers do not inadvertently buy analog-only
       television equipment without understanding that such devices will not
       be capable of receiving off-the-air television reception of digital
       signals after analog broadcasting ends unless connected to a
       digital-to-analog converter or a digital subscription service, we
       adopted rules requiring anyone that sells, offers for sale, or rents
       television receiving equipment that does not contain a digital
       television ("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.

    4. 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.

         5. Immediately after the rule became effective, the Commission's
            Enforcement Bureau began inspecting hundreds of stores throughout
            the country, as well as dozens of popular retailer websites, and
            observed many models of analog-only television receiving
            equipment on display without the required Consumer Alert labels.
            On May 31, 2007, the Enforcement Bureau issued a Citation to
            Circuit City for offering for sale television receiving equipment
            having an analog-only tuner without displaying the required
            Consumer Alert in close proximity. On June 6, 2007, the
            Enforcement Bureau issued a Citation to Circuit City for offering
            for sale on its online retail outlet, www.circuitcity.com,
            television receiving equipment having an analog-only tuner
            without displaying the required Consumer Alert in close
            proximity. Between May 31, 2007 and June 11, 2007, the
            Enforcement Bureau conducted inspections at numerous stores and,
            based on these inspections, issued additional  Citations to
            Circuit City for violations at its stores. After affording
            Circuit City a reasonable opportunity to respond to the first
            Citations issued to Circuit City, agents and investigators from
            the Enforcement Bureau began inspecting numerous additional
            Circuit City stores on June 19, 2007  in various states and once
            again observed in twenty-five Circuit City stores television
            receiving equipment with analog-only tuners on display without
            the required Consumer Alert labels.

         6. Under Section 503(b)(1) of the Act, any person who is determined
            by the Commission to have willfully or repeatedly failed to
            comply with any provision of the Act or any rule, regulation, or
            order issued by the Commission shall be liable to the United
            States for a forfeiture penalty. Section 312(f)(1) of the Act
            defines willful as "the conscious and deliberate commission or
            omission of [any] act, irrespective of any intent to violate" the
            law. The legislative history to Section 312(f)(1) of the Act
            clarifies that this definition of willful applies to both
            Sections 312 and 503(b) of the Act and the Commission has so
            interpreted the term in imposing forfeitures pursuant to Section
            503(b). The Commission may also assess a forfeiture for
            violations that are merely repeated, and not willful.  "Repeated"
            means that the act was committed or omitted more than once, or
            lasts more than one day. To impose such a forfeiture penalty, the
            Commission must issue a notice of apparent liability and the
            person against whom the notice has been issued must have an
            opportunity to show, in writing, why no such forfeiture penalty
            should be imposed. The Commission will then issue a forfeiture if
            it finds by a preponderance of the evidence that the person has
            violated the Act or a Commission rule. As we set forth below, we
            conclude under this standard that Circuit City is apparently
            liable for forfeiture for its apparent willful and repeated
            violations of Section 15.117(k) of the Commission's rules.

        III. DISCUSSION

         7. Based on the evidence before us, we find that Circuit City
            apparently willfully and repeatedly violated Section 15.117(k) of
            the Rules by failing to display conspicuously and in close
            proximity to equipment with an analog-only tuner, in clear and
            conspicuous print, the required Consumer Alert label.
            Specifically, as detailed in Attachment B,  agents and
            investigators from the Enforcement Bureau observed a number of
            different models of television receiving equipment having only an
            analog-only tuner on display in twenty-four Circuit City stores
            without the required Consumer Alert labels. Circuit City
            previously received thirty-two Citations for this same type of
            conduct prior to the agents' inspections.

         8. Under Section 503(b)(2)(D) of the Act, we may assess an entity
            that is neither a common carrier, broadcast licensee or cable
            operator a forfeiture of up to $11,000 for each violation or each
            day of a continuing violation, up to a statutory maximum
            forfeiture of $97,500 for any single continuing violation. In
            exercising such authority, we must take into account "the nature,
            circumstances, extent, and gravity of the violation and, with
            respect to the violator, the degree of culpability, any history
            of prior offenses, ability to pay, and such other matters as
            justice may require."

         9. The Commission's Forfeiture Policy Statement and Section 1.80 of
            the Rules do not establish a specific base forfeiture for
            violation of the analog-only tuner labeling requirements. In
            adopting the Consumer Alert labeling requirements, the Commission
            stated that "[a]ccurate communication of this impending change is
            a highly material disclosure for consumers contemplating the
            purchase of a television."  We also noted that it is a matter of
            public safety for consumers who rely on analog-only televisions
            to obtain critical emergency information.

        10. Similar issues arose regarding labeling requirements for wireless
            hearing aid-compatible handsets. In those cases, the Enforcement
            Bureau established a base forfeiture amount of $8,000 per handset
            model that failed to comply with the labeling requirements. The
            labeling requirements for wireless hearing aid-compatible
            handsets and the analog-only tuner labeling requirements both
            serve the important goal of ensuring that consumers have access
            to necessary information. In light of the similarities in these
            labeling requirements, we conclude that a $8,000 base forfeiture
            amount per unlabeled model or device in each store where Bureau
            agents and investigators observed a violation is appropriate for
            apparent violations of Section 15.117(k).

        11. We find that, beginning on June 19, 2007, as detailed in
            Attachment B, even after receiving the Citations warning of
            violations in its stores across the country,  Circuit City
            displayed numerous different models of equipment with an
            analog-only tuner in twenty-five Circuit City stores without the
            required Consumer Alert label. As a result, Circuit City
            continued to market television receiving equipment to consumers
            without adequately warning that the equipment contained an
            analog-only television receiver. Those consumers may not learn of
            their equipment's limitations until the analog-only devices cease
            to receive over-the-air television signals, long after any period
            for returning the equipment has expired. This scenario is
            precisely the outcome that our rule was intended to prevent.
            Applying the analysis set forth above to the facts of this case,
            we conclude that Circuit City is apparently liable for a 
            $712,000  base forfeiture.

        IV. ORDERING CLAUSES

        12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of
            the Communications Act of 1934, as amended, and Section 1.80 of
            the Commission's Rules, Circuit City Stores, Inc. is hereby
            NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
            amount of seven hundred twelve thousand dollars ($712,000) for
            violations of Section 15.117(k) of the Rules.

        13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
            Commission's Rules within thirty days of the release date of this
            Notice of Apparent Liability for Forfeiture, Circuit City Stores,
            Inc. SHALL PAY the full amount of the proposed forfeiture or
            SHALL FILE a written statement seeking reduction or cancellation
            of the proposed forfeiture.

        14. Payment of the forfeiture 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 above. 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. Payment[s] 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). Requests for full
            payment under an installment plan should be sent to:  Chief
            Financial Officer -- Financial Operations, 445 12th Street, S.W.,
            Room 1-A625, Washington, D.C.  20554.   Please contact the
            Financial Operations Group Help Desk at 1-877-480-3201 or Email:
            ARINQUIRIES@fcc.gov with any questions regarding payment
            procedures. 

        15. The response, if any, must be mailed to Federal Communications
            Commission, Enforcement Bureau, and must include the NAL/Acct.
            No. referenced in the caption.

        16. The Commission will not consider reducing or canceling a
            forfeiture in response to a claim of inability to pay unless the
            petitioner submits: (1) federal tax returns for the most recent
            three-year period; (2) financial statements prepared according to
            generally accepted accounting practices ("GAAP"); or (3) some
            other reliable and objective documentation that accurately
            reflects the petitioner's current financial status. Any claim of
            inability to pay must specifically identify the basis for the
            claim by reference to the financial documentation submitted.

        17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
            Liability for Forfeiture shall be sent by Certified Mail, Return
            Receipt Requested, and regular mail, to Circuit City Stores, Inc.
            at its address of record and Robert S. Schwartz, counsel for
            Circuit City Stores, Inc., at  his address of record.

       FEDERAL COMMUNICATIONS COMMISSION

       Marlene H. Dortch

       Secretary

                                  Attachment A

                                   CITATIONS


              Store #-                                        
                               Citation No.    Release Date   
              Location                                        

                #3111                                         
                               C20073232003    May 31, 2007   
           Schaumberg, IL                                     

                #3672                                         
                               C20073238012    May 31, 2007   
            Westbury, NY                                      

                #3347                                         
                               C20073280005    May 31, 2007   
            Lakewood, CO                                      

           Clearwater, FL      C20073270007    June 1, 2007   

                #3319                                         
                               C20073298006    June 1, 2007   
            Bellevue, WA                                      

              Tampa. FL        C20073270005    June 1, 2007   

          Miami, FL (Doral)    C20073260003    June 1, 2007   

           Culver City, CA     C20073290017    June 1, 2007   

           Buena Park, CA      C20073290018    June 1, 2007   

                #542                                          
                               C20073254002    June 1, 2007   
             Houston, TX                                      

                #817                                          
                               C20073264006    June 1, 2007   
         Virginia Beach, VA                                   

                #3220                                         
                               C200732480005   June 1, 2007   
             Duluth, GA                                       

                #543                                          
                                C2007325005    June 4, 2007   
              Plano, TX                                       

                #3770                                         
                               C20073226002    June 4, 2007   
             Taunton, MA                                      

                #443                                          
                               C20073294009    June 4, 2007   
            San Diego, CA                                     

                #3210                                         
                               C20073256005    June 5, 2007   
          Independence, MO                                    

                #3556                                         
                               C20073240010    June 5, 2007   
          Philadelphia, PA                                    

                #3321                                         
                               C20073298011    June 5, 2007   
             Tacoma, WA                                       

                #3608                                         
                               C20073236006    June 5, 2007   
              Novi, MI                                        

                #423                                          
                               C20073296010    June 6, 2007   
             Fresno, CA                                       

           Plantation, FL      C20073260008    June 7, 2007   

                #3336                                         
                               C20073298014    June 8, 2007   
             Tukwila, WA                                      

                #4101                                         
                               C20073240022    June 11, 2007  
         Montgomeryville, PA                                  

                #1816                                         
                               C20073226007    June 11, 2007  
             Milford, CT                                      

                #3627                                         
                               C20073234009    June 12, 2007  
             Hanover, MD                                      

                #3663                                         
                               C20073238028    June 14, 2007  
            Brooklyn, NY                                      

                #3694                                         
                               C20073238023    June 14, 2007  
          Valley Stream, NY                                   

                #3688                                         
                               C20073238017    June 14, 2007  
          North Bergen, NJ                                    

                #3305                                         
                               C20073294018    June 21, 2007  
             Tuscon, AZ                                       

                #4302                                         
                               C20073296027    June 21, 2007  
            San Jose, CA                                      

                #270                                          
                               C20073290036    June 26, 2007  
              Las Vegas                                       

                               EB-07-SE-182                   
         www.circuitcity.com                   June 6, 2007   
                                DA 07-2369                    


                                  Attachment B

                          PROPOSED FORFEITURE AMOUNTS

         1. June 19, 2007, Circuit City # 849, Miami, FL


         Manufacturer   Device       Model #       Forfeiture                
                                                   Amount                    

         Polaroid       Television   PCB TDM1311   $8,000                    

         Symphonic      Television   ST414FG       $8,000                    

                                                   SUBTOTAL         $16,000  


         2. June 19, 2007, Circuit City Store #3307, Albuquerque, NM


         Manufacturer   Device    Model #     Forfeiture Amount            

         Pye            DVD/VCR   PY90VG      $8,000                       

         Panasonic      DVD       DMR-ES35V   $8,000                       

                                              SUBTOTAL            $16,000  


         3. June 19, 2007, Circuit City Store #3411, Buford, GA


         Manufacturer   Device       Model #    Forfeiture Amount           

         Symphonic      TV/DVD/VCR   SC724FDF   $8,000                      

                                                SUBTOTAL            $8,000  


         4. June 19, 2007, Circuit City Store #3378, Albuquerque, NM


         Manufacturer   Device         Model #     Forfeiture                
                                                   Amount                    

         Samsung        DVD Recorder   DVD-VR330   $8,000                    

                                                   SUBTOTAL          $8,000  


         5. June 19, 2007, Circuit City Store #3269, Tampa, FL


         Manufacturer   Device       Model #       Forfeiture                
                                                   Amount                    

         Polaroid       TV/DVD       PCBTDM1421C   $8,000                    

         Symphonic      TV/DVD/VCR   SC720FDF      $8,000                    

         Symphonic      TV           ST414FG       $8,000                    

                                                   SUBTOTAL         $24,000  


         6. June 19, 2007, Circuit City Store # 3691, Staten Island, NY


         Manufacturer   Device    Model #      Forfeiture Amount            

         Panasonic      DVD       DMR-ES25     $8,000                       

         Panasonic      DVD       DMR-ES35VS   $8,000                       

         Panasonic      DVD/VCR   DMR-EH75V    $8,000                       

         Philips        DVD/VCR   DVP3150V     $8,000                       

         PYE            DVD       PY90DG       $8,000                       

         PYE            DVD/VCR   PY90VG       $8,000                       

         Samsung        DVD/VCR   DVDV5650     $8,000                       

         Sony           DVD       RDRGX330     $8,000                       

         Sony           DVD/VCR   RDRVX530     $8,000                       

         Sony           DVD/VCR   SLVD370P     $8,000                       

         Symphonic      TV        ST414FG      $8,000                       

                                               SUBTOTAL            $88,000  


         7. June 19, 2007, Circuit City Store #434, San Diego, CA


         Manufacturer   Device         Model #    Forfeiture                 
                                                  Amount                     

         Polaroid       TV             FLM1514B   $8,000                     

         Polaroid       TV             TDM1421C   $8,000                     

         Pye            DVD recorder   PY90DG     $8,000                     

                                                  SUBTOTAL          $24,000  


         8. June 19, 2007, Circuit City Store #3617, West Mifflin, PA


         Manufacturer   Device       Model #     Forfeiture                  
                                                 Amount                      

         Panasonic      TV/DVD/VCR   PAN         $8,000                      
                                     PVDF2036M                               

         Symphonic      TV/DVD/VCR   SC720FDF    $8,000                      

         Samsung        DVD RW/VCR   DVDVR330    $8,000                      

                                                 SUBTOTAL           $24,000  


         9. June 20, 2007, Circuit City, Woodland Hills, CA


         Manufacturer   Device   Model #     Forfeiture Amount            

         Polaroid       TV/DVD   TTM2003     $8,000                       

         Polaroid       TV/DVD   TDM-1421C   $8,000                       

         Symphonic      TV       ST414FG     $8,000                       

                                             SUBTOTAL            $24,000  


        10. June 20, 2007, Circuit City Store #3125, Bloomingdale, IL


         Manufacturer   Device       Model #    Forfeiture Amount            

         Symphonic      TV           ST413E     $8,000                       

         Symphonic      TV           ST414FG    $8,000                       

         Samsung        TV           TXR1635    $8,000                       

         Magnavox       TV           14MS2331   $8,000                       

         Polaroid       TV-DVD       TDM1311    $8,000                       

         Panasonic      TV-DVD       PVDF2035   $8,000                       

         Polaroid       TV-DVD       TDM1421C   $8,000                       

         Magnavox       TV-DVD-VDR   24MC4306   $8,000                       

                                                SUBTOTAL            $64,000  


        11. June 20, 2007, Circuit City Store #433, San Diego, CA


         Manufacturer   Device         Model #    Forfeiture                 
                                                  Amount                     

         Pye            DVD recorder   PY90DG     $8,000                     

         Symphonic      TV             SC520FDF   $8,000                     

         Polaroid       TV             TDM1311    $8,000                     

         Symphonic      TV             ST414FG    $8,000                     

         Polaroid       TV             FLM1514B   $8,000                     

                                                  SUBTOTAL          $40,000  


        12. June 20, 2007, Circuit City Store #3327, San Diego, CA


         Manufacturer   Device    Model #     Forfeiture Amount            

         Polaroid       TV        FLM1514B    $8,000                       

         Polaroid       TV        TTM2003     $8,000                       

         Magnavox       TV        13MT143S    $8,000                       

         Magnavox       TV        14MS2331    $8,000                       

         Symphonic      TV        ST413E      $8,000                       

         Symphonic      TV        SC720FDF    $8,000                       

         Pye            DVD rec   PY90DG      $8,000                       

         Pye            DVD/VCR   PY90VG      $8,000                       

         Samsung        DVD/VCR   DVDV5650    $8,000                       

         Panasonic      DVD/VCR   DMRES35VS   $8,000                       

         Sony           DVD/VCR   SLV-D370P   $8,000                       

                                              SUBTOTAL            $88,000  


        13. June 20, 2007, Circuit City Store #3264, Frisco, TX


         Manufacturer   Device             Model #      Forfeiture           
                                                        Amount               

         Sylvania       Television/DVD     SYL6620LDT   $8,000               
                        Player                                               

                                                        SUBTOTAL     $8,000  


        14. June 21, 2007, Circuit City Store #3763, Sparks, NV


         Manufacturer   Device   Model #     Forfeiture Amount            

         Polaroid       TV/DVD   TDM-1311    $8,000                       

         Sony           TV       KV24FS120   $8,000                       

                                             SUBTOTAL            $16,000  


        15. June 22, 2007, Circuit City Store #3375, Roseville, CA


         Manufacturer   Device       Model #         Forfeiture              
                                                     Amount                  

         Polaroid       TV           PLR FLM-1514B   $8,000                  

         Polaroid       TV/DVD       PCB FDM-0715    $8,000                  

         Polaroid       TV/DVD       PCB FDM1015     $8,000                  

         Symphonic      TV/DVD/VCR   SC720FDF        $8,000                  

         Zenith         TV           Z20LCD1A        $8,000                  

         Panasonic      DVD/VCR      DMR-ES35V       $8,000                  

         Sony           DVDR         RDR-GX330       $8,000                  

         Sony           DVDR/VCR     RDR-VX530       $8,000                  

         Pye            DVDR         PY90DG          $8,000                  

         Sony           DVD/VCR      SLVD370P        $8,000                  

         Polaroid       TV           TTM2410         $8,000                  

         Disney         TV           MCP/DT1350P     $8,000                  

         Magnavox       TV/DVD/VCR   24MC4306        $8,000                  

                                                     SUBTOTAL      $104,000  


        16. June 22, 2007, Circuit City Store #4303, Fairfield, CA


         Manufacturer   Device     Model #         Forfeiture                
                                                   Amount                    

         Polaroid       TV         PLR FLM-1514B   $8,000                    

         Sony           TV         KV24FS120       $8,000                    

         Panasonic      DVDR/VCR   DMR-EH75V       $8,000                    

         Sony           DVDR       RDR-VX530       $8,000                    

                                                   SUBTOTAL         $32,000  


        17. June 25, 2007, Circuit City Store #3501, Dallas, TX


        Manufacturer Device                    Model #    Forfeiture         
                                                          Amount             

        Panasonic    DVD                       DMR-ES35V  $8,000             

        Panasonic    DVD                       DMR-EH75VS $8,000             

        Polaroid     Under-the-cabinet TV/DVD  FDM1015    $8,000             
                     combo                                                   

        Sony         DVD                       RDR-GX330  $8,000             

        Sony         DVD                       RDR-VX530  $8,000             

                                                          SUBTOTAL   $40,000 


        18. July 11, 2007,  Circuit City Store #4301, Vista, CA


         Manufacturer   Device   Model #   Forfeiture Amount           

         Polaroid       TV       FDM0715   $8,000                      

                                           SUBTOTAL            $8,000  


        19. July 11, 2007,  Circuit City Store #449, Escondido CA


         Manufacturer   Device   Model #   Forfeiture Amount           

         Polaroid       TV       FDM0715   $8,000                      

                                           SUBTOTAL            $8,000  


        20. July 12, 2007,  Circuit City Store # 893, Jacksonville, FL


         Manufacturer   Device       Model #    Forfeiture Amount           

         Panasonic      TV/DVD/VCR   PVDF2035   $8,000                      

                                                SUBTOTAL            $8,000  


        21. July 19, 2007, Circuit City Store #507, Dallas, TX


         Manufacturer   Device   Model #     Forfeiture Amount            

         Sony           DVDR     RDR-GX330   $8,000                       

         Panasonic      DVDR     DMR-ES25    $8,000                       

         Polaroid       TV       TTM-2420    $8,000                       

                                             SUBTOTAL            $24,000  


        22. October 5, 2007,  Circuit City Store #443, San Diego, CA


         Manufacturer   Device         Model #   Forfeiture Amount           

         Panasonic      DVD recorder   DMRES15   $8,000                      

                                                 SUBTOTAL            $8,000  


        23. October 5, 2007,  Circuit City Store #3627, Hanover, MD


         Manufacturer   Device   Model #    Forfeiture Amount           

         Symphonic      TV       ST414FG    $8,000                      

                                            SUBTOTAL            $8,000  


        24. December 20, 2007, Circuit City Store #3522, Garland, TX


         Manufacturer   Device         Model #   Forfeiture                  
                                                 Amount                      

         Samsung        DVD Recorder   DVDR120   $8,000                      

         PYE            VCR/DVDR       PY90VG    $8,000                      

                                                 SUBTOTAL           $16,000  


        25. March 14, 2008,  Circuit City Store #3302, Palm Desert. CA


         Manufacturer   Device          Model #   Forfeiture                 
                                                  Amount                     

         Truetech       TV/DVD player   KLV3112   $8,000                     
                        r                                                    

                                                  SUBTOTAL           $8,000  


       Circuit City  Total Proposed Forfeiture: $712,000

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

       47 U.S.C. S: 503(b).

       2002 Biennial Regulatory Review, Report and Order and Notice of
       Proposed Rulemaking, 18 FCC Rcd 13620, 13825 P: 532 (2003).

       Id.

       Second Periodic Review of the Commission's Rules and Policies
       Affecting the Conversion To Digital Television, Second Report and
       Order, 22 FCC Rcd 8776 at P: 1 (2007) ("Second DTV Periodic Report and
       Order").

       Id. at P: 10.

       Second DTV Periodic Report and Order at P: 14. See 47 C.F.R. S:
       15.117(k). In the Second DTV Periodic Report and Order, the Commission
       defined "point of sale" as the "place where televisions are displayed
       for consumers prior to purchase." See Second DTV Periodic Report and
       Order at n.29.

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

       47 C.F.R. S: 15.117(k)(1).

       Id.

       47 C.F.R. S: 15.117(k)(2).

       Circuit City Stores, Inc., Citation No. C20073232003 (Enf. Bur.
       Chicago Office, rel. May 31, 2007).

       Circuit City Stores, Inc., Citation No. EB-07-SE-182 (Enf. Bur.
       Spectrum Enforcement Division, rel. June 6, 2007).

       See Attachment A for a list of the citations issued to Circuit City
       (collectively "Citations"). In preparing the Citations,  Enforcement
       Bureau staff relied on  publicly available information, including
       retailer websites, to identify the television receiving equipment with
       analog-only tuners. Subsequently, Enforcement Bureau staff determined
       that the following Citations referred, in whole or in part, to
       erroneously identified equipment models: Circuit City Citation No.
       C20073264006 (Samsung DVD/Recorder, Model DVDVR357; Toshiba
       DVD/Recorder, Model DR400); Circuit City Citation No. C20073280005
       (All Models); Circuit City Citation No. C20073260003 (Philips Model
       27PC4326; Sharp Model 32SF56B); Circuit City Citation No. C20073264006
       (Samsung DVD/Recorder DVDVR357; Toshiba TV 20H63; Toshiba
       DVD/Recorder, DR400); Circuit City Citation No. C20073270007 (Samsung
       DVD/VCR Recorder, SAMDVDVR357; Sharp 32" TV, Model SHA32SF56B);
       Circuit City Citation No. C20073226003 (Nexxtech DVD, Model NVV-N400H;
       Nexxtech DVD, Model NXX-N400H; Prima TV Model PRACV1311); Circuit City
       Citation No. C20073262004 (Toshiba TV/DVD MD20H63); Circuit City
       Citation No. C20073294009 (Samsung DVD/Recorder, DVDVR357; Toshiba
       DVD/Recorder, DR400). In light of this evidence, we hereby cancel the
       relevant portions of the above citations with respect to those models.

       On June 18, 2007, counsel for Circuit City submitted a response to the
       Citations issued to Circuit City as of June 12, 2007. See Letter from
       Robert S. Schwartz, Esq., Constantine Cannon, to Kris A. Monteith,
       Chief, Enforcement Bureau, FCC, dated June 18, 2007.

       See Attachment B for a listing of the stores visited and the models
       observed at each store.  Enforcement Bureau staff determined that
       these models had analog-only tuners by consulting the manufacturer's
       product manuals or, if such were unavailable, the models' technical
       specifications from Circuit City's website.

       47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(2).

       47 U.S.C. S: 312(f)(1).

       H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

       See, e.g., Application for Review of Southern California Broadcasting
       Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991)
       ("Southern California Broadcasting Co.").

       See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
       Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P:
       10 (2001) ("Callais Cablevision") (issuing a Notice of Apparent
       Liability for, inter alia, a cable television operator's repeated
       signal leakage).

       Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
       Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

       47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

       See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17 FCC Rcd
       7589, 7591, P: 4 (2002) (forfeiture paid).

       Attachment B lists the dates of the Enforcement Bureau inspections,
       the analog-only models identified in violation of Section 15.117(k),
       as well as the Circuit City stores involved.

       Section 503(b)(5) states that no forfeiture liability shall be
       determined against any person who does not hold a license, permit,
       certificate, or other authorization issued by the Commission unless,
       prior to issuance of any Notice of Apparent Liability, such person is
       "(A) sent a citation of the violation charged; (B) is given a
       reasonable opportunity for a personal interview with an official of
       the Commission at the field office of the Commission which is nearest
       to such person's place of residence; and (C) subsequently engages in
       conduct of the type described in such citation." 47 U.S.C. S:
       503(b)(5). The apparent violations discussed in this NAL are subject
       to forfeiture because we afforded Circuit City a reasonable
       opportunity for a personal interview or to submit a written response
       to its first Citation before conducting a second round of inspections
       that would count towards potential forfeiture liability. See supra
       para. 5 and notes 14, 17. To the extent that the television receiving
       models involved in this NAL differ from those listed in the Citations,
       no additional citations are necessary because the more recent apparent
       violations are "conduct of the type described" in the earlier
       Citations - violations of Section 15.117(k). See HighTech CB Shop,
       Forfeiture Order, 20 FCC Rcd 12514, 12516 P: 9 (Enf. Bur. South
       Central Region 2005), recon. denied, 20 FCC Rcd 19269 (Enf. Bur.
       2005). In any event, the requirements of Section 503(b)(5) do not
       apply to Circuit City, which is a Commission licensee and therefore
       subject to forfeiture under Section 503(b)(2) of the Act without first
       receiving notice via a citation. See, e.g., Stations WPYK295, WPZV695,
       WQGX521, licensed to Circuit City in the Industrial/Business Pool
       Private Land Mobile Service.

       47 U.S.C. S: 503(b)(2)(D). The Commission twice amended Section
       1.80(b)(3) of the Rules, 47 C.F.R. S: 1.80(b)(3), to increase the
       maximum forfeiture amounts, in accordance with the inflation
       adjustment requirements contained in the Debt Collection Improvement
       Act of 1996, 28 U.S.C. S: 2461. See Amendment of Section 1.80 of the
       Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
       Inflation, Order, 15 FCC Rcd 18221 (2000) (adjusting the maximum
       statutory amounts from $10,000/$75,000 to $11,000/$87,500); Amendment
       of Section 1.80 of the Commission's Rules and Adjustment of Forfeiture
       Maxima to Reflect Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting
       the maximum statutory amounts from $11,000/$87,500 to
       $11,000/$97,500).

       47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
       paragraph (b)(4): Section II. Adjustment Criteria for Section 503
       Forfeitures.

       See The Commission's Forfeiture Policy Statement and Amendment of
       Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       Report and Order, 12 FCC Rcd 17087, 17115 (1997), recon. denied, 15
       FCC Rcd 303 (1999) ("Forfeiture Policy Statement").

       Second DTV Periodic Report and Order at P: 12.

       Id. See also 47 C.F.R. S:S: 11.1-11.61, 79.2.

       See Pine Telephone Inc., Notice of Apparent Liability, 22 FCC Rcd
       9205, 9210 (Enf. Bur., Spectrum Enf. Div. 2007) subsequent history
       omitted; IT&E Overseas, Inc., Notice of Apparent Liability, 22 FCC Rcd
       7660, 7665 (Enf. Bur., Spectrum Enf. Div. 2007).

       We caution Circuit City and other retailers that future cases
       involving repeat offenders may result in the imposition of forfeitures
       on a continuing violation basis.

       "After the transition, absent a label requirement, even cable and
       satellite subscribers might be surprised to find that they cannot
       receive television broadcasts over-the-air on an analog-only
       television purchased today if they choose to discontinue subscription
       service or their cable or satellite service is terminated by disaster,
       service disruption, or for non-payment of their bills." Second DTV
       Periodic Report and Order at P: 12.

       See Attachment B regarding the calculation of the total proposed
       forfeiture amounts.

       47 U.S.C. S: 503(b), 47 C.F.R. S:S: 1.80, 15.117(k).

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       Federal Communications Commission FCC 08-105

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       Federal Communications Commission FCC 08-105