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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number EB-07-RK-002
Target Corporation ) NAL/Acct. No. 200732460002
Minneapolis, MN ) FRN 0004912705
)
)
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 Target Corporation ("Target") 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 Target is apparently liable for a forfeiture in
the amount of two hundred ninety-six thousand dollars ($296,000).
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 June 1, 2007, the Enforcement Bureau issued a Citation to
Target for offering for sale television receiving equipment
having an analog-only tuner without displaying the required
Consumer Alert in close proximity. Between May 31 and June 11,
2007, the Enforcement Bureau conducted inspections at numerous
stores and, based on those inspections, issued additional
Citations to Target for violations at its stores and its website.
After affording Target a reasonable opportunity to respond to the
first Citation, agents from the Enforcement Bureau began
inspecting numerous additional Target stores on June 12, 2007 in
various states and once again observed television receiving
equipment with analog-only tuners on display without the required
Consumer Alert labels in twenty-three Target stores.
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 Target 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 Target 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 C, 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-three Target stores without the required
Consumer Alert labels. Target previously received fourteen
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 C, even after receiving the Citations warning of
violations in its stores across the country, Target displayed
numerous different models of equipment with an analog-only tuner
in twenty-three stores without the required Consumer Alert label.
As a result, Target 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 Target is apparently liable
for a $296,000 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, Target Corporation is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of two
hundred ninety-six thousand dollars ($296,000) 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, Target Corporation
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 Target Corporation at
its address of record and its counsel, Robert Schwartz,
Constantine Cannon LLP, 1627 Eye Street NW, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Attachment A
Citations Issued to Target
Store #-
Citation No. Release Date
Location
Miami, FL C20073260005 5/31/07
San Diego, CA 92111 C20073294007 5/31/07
Houston, TX 77070 C20073254001 6/1/07
Tampa, FL C20073270003 6/1/07
Chesapeake, VA C20073264002 6/1/07
Mesquite, TX C20073250007 6/1/07
Lakewood, CA C20073290019 6/1/07
Lakewood, CO C20073280006 6/4/07
Vernon Hills, IL C20073232006 6/5/07
Cupertino, CA C20073296008 6/5/07
Allen, TX C2007325009 6/6/07
Broadview, IL C20073232008 6/6/07
Garland, TX C20073250012 6/6/07
North Wales, PA C20073240013 6/6/07
Laurel, MD C20073234006 6/6/07
Westbury, NY C20073238014 6/6/07
Langhorne, PA C20073240014 6/7/07
San Diego, CA 92108 C20073294013 6/7/07
Houston, TX 77084 C20073254012 6/7/07
Mays Landing, NJ C20073240016 6/11/07
Burlington, NJ C20073240017 6/11/07
Humble, TX C20073254013 6/11/07
Canton, MI C20073236009 6/12/07
Plano, TX C20073250014 6/12/07
Willowbrook, IL C20073232010 6/13/07
Brooklyn, NY C20073238027 6/14/07
Hayward, CA C20073296019 6/15/07
Abington, PA C20073240031 6/28/07
Webpage DA 07-2351 6/6/07
Attachment B
Models Erroneously Listed in Citations
Citation No. Manufacturer Model No.
C20073290019 Sony model SLV-D380P
C20073270003 TruTech model CR270TT8
C20073232006 TruTech model CR270TT8
C20073232006 TruTech model CR130TT8
C20073232008 TruTech model CR270TT8
C20073232008 TruTech model CR130TT8
C20073238014 TruTech model CR270TT8
C20073238014 TruTech model CR130TT8
C20073238014 TruTech model PVS31170S1
C20073240017 TruTech model CR270TT8
C20073240017 TruTech model CR130TT8
C20073236009 TruTech model CR270TT8
C20073236009 TruTech model CR130TT8
C20073238027 TruTech model CR270TT8
C20073238027 TruTech model CR130TT8
C20073238027 TruTech model PVS31170S1
C20073260005 TruTech model CR130TT8
C2007325009 TruTech model CR130TT8
C20073234006 TruTech model CR130TT8
C20073294007 TruTech model PVS31170S1
C20073294013 TruTech model CR270TT8
C20073294013 TruTech model PVS31170S1
C20073264002 TruTech model ZV450TT8
C20073264002 TruTech model CR130TT8
Attachment C
1. 6/19/07, Target Store # 1031, Springfield, MO.
Manufacturer Device Model # Forfeiture Amount
Magnavox TV 26MF605W $8,000
Magnavox TV 32MF605 $8,000
Trutech TV/DVD KLV3112 $8,000
Subtotal $24,000
2. 6/19/07, Target Store # 774, Joplin, MO.
Manufacturer Device Model # Forfeiture Amount
Magnavox TV 15MF605T $8,000
Magnavox TV 26MF605W $8,000
Subtotal $16,000
3. 6/19/07, Target Store # 2006, Staten Island, NY.
Manufacturer Device Model # Forfeiture Amount
Magnavox TV 20MF605T/17 $8,000
TruTech TV/DVD KLV3112 $8,000
TruTech TV/DVD PVS2119 $8,000
TruTech TV/DVD KLV3170 $8,000
Subtotal $32,000
4. 6/19/07, Target Store # 836, Glendale Heights, IL.
Manufacturer Device Model # Forfeiture Amount
Philips DVD Player & VCR DVP3050V $8,000
Subtotal $8,000
5. 6/19/07, Target Store # 1430, Richardson, TX.
Manufacturer Device Model # Forfeiture Amount
Magnavox Television 26MF605W $8,000
Subtotal $8,000
6. 6/20/07, Target Store # 1763, Frisco, TX.
Manufacturer Device Model # Forfeiture Amount
Magnavox Television 32MF605 $8,000
Subtotal $8,000
7. 6/20/07, Target Store # 1975, Houston, TX.
Manufacturer Device Model # Forfeiture Amount
Trutech TV/DVD KLV3112 $8,000
Trutech TV/DVD KLV3170 $8,000
Subtotal $16,000
8. 6/21/07, Target Store # 1363, Reno, NV.
Manufacturer Device Model # Forfeiture Amount
Memorex DVD MVDR2100 $8,000
Subtotal $8,000
9. 6/22/07, Target Store # 1502, Roseville, CA.
Manufacturer Device Model # Forfeiture Amount
Memorex DVDR MVDR2100 $8,000
Memorex TV/VCR/DVD MVDT2002 $8,000
Philips DVD/VCR DVP3050V $8,000
Subtotal $24,000
10. 6/25/07, Target Store # 0055, Dallas, TX.
Manufacturer Device Model # Forfeiture Amount
Magnavox TV 26MF605/231D $8,000
Magnavox TV 32MF605/231D $8,000
Subtotal $16,000
11. 7/2/07, Target Store # 64, Boulder, CO.
Manufacturer Device Model # Forfeiture Amount
Memorex DVD Recorder MVDR2100/2 $8,000
Memorex DVD Recorder MVDR2102 $8,000
Subtotal $16,000
12. 7/3/07, Target Store # 1004, Bowie, MD.
Manufacturer Device Model # Forfeiture Amount
Memorex 20" TV MT2012/24 $8,000
Subtotal $8,000
13. 7/9/07, Target Store # 1775, Dallas, TX.
Manufacturer Device Model # Forfeiture Amount
Magnavox Television 26MF605W/17 $8,000
Magnavox Television 32MF605W/17 $8,000
TruTech TV/DVD PVS2119 $8,000
Subtotal $24,000
14. 11/28/07, Target Store # 1840, Kansas City, MO.
Manufacturer Device Model # Forfeiture Amount
Phillips DVD/VCR Combo DVP3050V $8,000
Subtotal $8,000
15. 11/29/07, Target Store # 1201, Independence, MO.
Manufacturer Device Model # Forfeiture Amount
Memorex TV MT2012 $8,000
Subtotal $8,000
16. 12/5/07, Target Store # 1842, Overland Park, KS.
Manufacturer Device Model # Forfeiture Amount
Philips DVD/VCR Combo DVP3050V $8,000
Subtotal $8,000
17. 12/18/07, Target Store # 2043, Overland Park, KS.
Manufacturer Device Model # Forfeiture Amount
Philips DVD/VCR Combo DVP3050V $8,000
Subtotal $8,000
18. 12/18/07, Target Store # 1756, Olathe, KS.
Manufacturer Device Model # Forfeiture Amount
Memorex TV MT2012 $8,000
Subtotal $8,000
19. 12/18/07, Target Store # 1543, Olathe, KS.
Manufacturer Device Model # Forfeiture Amount
Memorex TV MT2012 $8,000
Subtotal $8,000
20. 1/22/08, Target Store # 0296, Poway, CA.
Manufacturer Device Model # Forfeiture Amount
Memorex TV/DVD MT2024 $8,000
Subtotal $8,000
21. 1/22/08, Target Store # 1775, Dallas, TX.
Manufacturer Device Model # Forfeiture Amount
Memorex TV MT2012 $8,000
Subtotal $8,000
22. 1/22/08, Target Store # 0360, Eagen, MN.
Manufacturer Device Model # Forfeiture Amount
Trutech TV/DVD KLV3112 $8,000
Trutech TV/DVD KLV3170 $8,000
Subtotal $16,000
23. 2/25/08, Target Store # 1416, Springfield, VA.
Manufacturer Device Model # Forfeiture Amount
Memorex TV MT2024/25D $8,000
Subtotal $8,000
TOTAL PROPOSED FORFEITURE: $296,000.00
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).
Target Corporation, Citation No. C20073254001, (Enf. Bur. Houston
Office, rel. June 1, 2007).
See Attachment A for a list of the citations issued to Target
(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 several Citations referred, in whole or in part, to erroneously
identified equipment models. In light of this evidence, we hereby
cancel the relevant portions of the citations listed in Attachment B
with respect to those models.
On June 18, 2007, Target responded to the first Citation. See Letter
from Robert Schwartz, counsel for Target, Constantine Cannon LLO to
Kris Monteith, Chief, Enforcement Bureau, dated June 18, 2007
("Citation Response"). Target also filed a response to a Citation
issued by the Dallas Office of the Enforcement Bureau. See Letter from
Lisa Bushland, Store #0235 Team Leader to James Wells, District
Director, Dallas Office, Enforcement Bureau, dated June 11, 2007.
See Attachment C 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 Target'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 C lists the date(s) of the Enforcement Bureau inspections,
the analog-only models identified in violation of Section 15.117(k),
as well as the Target store(s) 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 violations discussed in this NAL are subject to
forfeiture because we have issued the Citations and afforded Target an
opportunity for a personal interview or to submit a written response.
See Attachments A and B for 14 Citations cancelled in whole or in
part. 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 Target, 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 Call Sign WPOM307.
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 Target 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 C 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).
(...continued from previous page)
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Federal Communications Commission FCC 08-108
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Federal Communications Commission FCC 08-108