![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"}

June 1, 2007

**[VIA CERTIFIED MAIL]{.underline}**

**[RETURN RECEIPT REQUESTED]{.underline}**

Mr. James Jehle

Manager

KMart

12350 SW 8^th^ Street

Miami, FL 33184

Kmart

c/o Sears Holding Corporation

3333 Beverly Road\
Hoffman Estates, IL 60179

Attn.: William R. Harker

Senior Vice President and General Counsel

[]{.mark}

> Re: File No. EB-07-MA-023
>
> Citation No.: C20073260002

This is an official **CITATION**, issued pursuant to Section 503(b)(5)
of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. §
503(b)(5), to Kmart for failure to provide appropriate Consumer Alert
disclosures on analog tuner only television receiving equipment in
violation of Section 302(b) of the Act, 47 U.S.C. § 302a(b), and Section
15.117(k) of the Commission's Rules ("Rules"), 47 C.F.R. § 15.117(k). As
explained below, future violations of the Commission's rules in this
regard may subject your company to monetary forfeitures.

On May 30, 2007, agents from the Commission's Miami Office of the
Enforcement Bureau visited the Kmart store located at 12350 SW 8^th^
Street, Miami, FL and observed that Kmart did not have the proper
Consumer Alert label displayed on equipment that contained an analog
tuner but not a digital tuner at the point of sale.

Section 302(b) of the Act provides that "\[n\]o person shall
manufacture, import, sell, offer for sale, or ship devices or home
electronic equipment and systems, or use devices, which fail to comply
with regulations promulgated to this section." Section 15.117(k) of the
Commission's Rules states:

+-----------------------------------------------------------------------+
| \(k\) The following requirements apply to all responsible parties, as |
| defined in §2.909 of this chapter, and any person that displays or    |
| offers for sale or rent television receiving equipment that is not    |
| capable of receiving, decoding and tuning digital signals.            |
|                                                                       |
| > \(1\) Such parties and persons shall place conspicuously and in     |
| > close proximity to such television broadcast receivers a sign       |
| > containing, in clear and conspicuous print, the Consumer Alert      |
| > disclosure text required by subparagraph (3). The text should be in |
| > a size of type large enough to be clear, conspicuous and readily    |
| > legible, consistent with the dimensions of the equipment and the    |
| > label. The information may be printed on a transparent material and |
| > affixed to the screen, if the receiver includes a display, in a     |
| > manner that is removable by the consumer and does not obscure the   |
| > picture, or, if the receiver does not include a display, in a       |
| > prominent location on the device, such as on the top or front of    |
| > the device, when displayed for sale, or the information in this     |
| > format may be displayed separately immediately adjacent to each     |
| > television broadcast receiver offered for sale and clearly          |
| > associated with the analog-only model to which it pertains.         |
| >                                                                     |
| > \(2\) If such parties and persons display or offer for sale or rent |
| > such television broadcast receivers via direct mail, catalog, or    |
| > electronic means, they shall prominently display in close proximity |
| > to the images or descriptions of such television broadcast          |
| > receivers, in clear and conspicuous print, the Consumer Alert       |
| > disclosure text required by subparagraph (3). The text should be in |
| > a size large enough to be clear, conspicuous, and readily legible,  |
| > consistent with the dimensions of the advertisement or description. |
|                                                                       |
| \(3\) "CONSUMER ALERT                                                 |
|                                                                       |
| > This television receiver has only an analog broadcast tuner and     |
| > will require a converter box after February 17, 2009, to receive    |
| > over-the-air broadcasts with an antenna because of the Nation's     |
| > transition to digital broadcasting. Analog-only TVs should continue |
| > to work as before with cable and satellite TV services, gaming      |
| > consoles, VCRs, DVD players, and similar products. For more         |
| > information, call the Federal Communications Commission at          |
| > 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's      |
| > digital television website at: [www.dtv.gov](http://www.dtv.gov/)." |
+-----------------------------------------------------------------------+

Accordingly, it appears that Kmart has violated Section 302(b) of the
Act, and Section 15.117(k) of the Rules by failing to place
conspicuously and in close proximity to the following equipment, in
clear and conspicuous print, the Consumer Alert label required under
Section 15.117(k):

-   Curtis Mathes 13" TV, model CM13102;

-   Disney TV model DT1350P;

-   Magnavox TV model 14MS2331;

-   Memorex model Memory 14;

-   RCA TV model 13V420T; and

-   Sylvania TV model CT202SL8.

We caution you that failure to display the appropriate Consumer Alert
label on any television receiving equipment that is not capable of
receiving, decoding and tuning digital signals would constitute a
further violation of Section 302(b) of the Act and Section 15.117(k) of
the Rules.

**[If, after receipt of this citation, any Kmart retail outlet or any
other retail outlets under common ownership or control violates the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
\$11,000 for each such violation or each day of a continuing violation
up to \$97,500 for a single continuing violation.]{.underline}** [^1]

If you choose to do so, you may respond to this citation within 10 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business, or (2)
a written statement. Your response should specify the actions that Kmart
is taking to ensure that it does not violate the Commission's rules
governing the marketing of unauthorized radio frequency devices in the
future.

Kmart may request an interview at the closest FCC Office, which is
Federal Communications Commission, 2203 N. Lois Ave., Room 1215, Tampa,
FL 33607.[^2] You may contact this office by telephone, (XXX) XXXX-XXXX
to schedule this interview, which must take place within 10 days of this
Citation. Kmart may also submit a written statement to the above address
within 10 days of the date of this Citation. Any written statements
should specify what actions have been taken to correct the violation
outlined above. Please reference file number EB-07-MA-023 when
corresponding with the Commission.

Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications Act
and the Commission's rules.

The knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this citation is
punishable by fine or imprisonment under 18 U.S.C. § 1001.

Thank you in advance for your anticipated cooperation.

Sincerely,

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Gerardo Daubar
>
> Resident Agent
>
> Miami, FL
>
> Enforcement Bureau

[^1]: *See* 47 C.F.R. § 1.80(b)(3).

[^2]: ^?^ 47 U.S.C. § 503(b)(5).