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**June 13, 2007**

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

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

Fred Meyer Store #667

1225 W. Bakerview Rd.

Bellingham, WA 98226

Fred Meyers Stores

1800 SE 22^nd^

Portland, OR 97202

Attn.: Earl Bliven, President

> Re: File No. EB-07-ST-143
>
> Citation No.: C20073298019

Dear Fred Meyer:

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 Fred Meyer Store #667, Bellingham, Washington, and Fred
Meyer Stores (collectively "Fred Meyer") for failure to provide
appropriate Consumer Alert disclosures on analog tuner only television
receiving equipment in violation of Section 15.117(k) of the
Commission's Rules ("Rules"), 47 C.F.R. § 15.117(k). As explained below,
future violations of the Commission's rules in this regard may subject
your company to monetary forfeitures.

On June 11, 2007, an agent from the Enforcement Bureau's Seattle Office
visited Fred Meyer Store #667 at 1225 W. Bakerview Rd., Bellingham,
Washington, and observed that Fred Meyer did not have the proper
Consumer Alert label displayed on equipment that contained an analog
tuner but not a digital tuner at the point of sale.

Section 15.117(k) of the Commission's Rules states:

+-----------------------------------------------------------------------+
| \(k\) The following requirements apply to all responsible parties, as |
| defined in §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 Fred Meyer has violated Section 15.117(k)
of the Rules by failing to place conspicuously and in close proximity to
the following equipment, in clear and conspicuous print, the required
Consumer Alert label:

  -------------------- -------------------- --------------- ---------------
  **Manufacturer**     **Device**           **Model \#**    **Number of
                                                            Units**

  Sylvania             TV                   6727DG          1

  Sylvania             TV/DVD               6513DG          1

  Sylvania             TV                   6413TG          1

  Sylvania             DVD/VCR              DVC840E/F/G     3

  Sony                 TV                   KV-20-FS120     1
  -------------------- -------------------- --------------- ---------------

  -------------------- -------------------- --------------- ---------------
  **Manufacturer**     **Device**           **Model \#**    **Number of
                                                            Units**

  Magnavox             TV/DVD/VCR           MC4304/06       1

  JVC                  VCR/DVD/CD           JVC-HR-XVC18    1
  -------------------- -------------------- --------------- ---------------

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

**[If, after receipt of this citation, Fred Meyer engages in conduct of
the type described herein, in violation of the Communications Act or the
Commission's rules, 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 Fred
Meyer is taking to ensure that it does not violate Section 15.117(k) of
the Commission's rules in the future.

If you choose to request a personal interview, the closest FCC Office is
Federal Communications Commission, 11410 NE 122^nd^ Way, Suite 312,
Kirkland, WA 98034.[^2] You should contact this office by telephone,
(XXX) XXXX-XXXX to schedule this interview, which must take place within
10 days of this Citation. Alternatively, as noted above, Fred Meyer may
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-ST-143 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**
>
> Kristine McGowan
>
> District Director
>
> Seattle District Office
>
> Western Region
>
> Enforcement Bureau

KAM:mpr

[^1]: *See* 47 C.F.R. § 1.80(b)(3).

[^2]: ^?^ 47 U.S.C. § 503(b)(5).