![](media/image1.png){width="1.2902777777777779in"
height="1.229861111111111in"} **[June 4, 2007]{.smallcaps}**

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

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

Wal-Mart Store #2088

4133 Veterans Memorial Drive

Batavia, New York 14020

Wal-Mart Stores Inc.

702 SW Eighth Street

Bentonville, AR 72716

Attn: Leslie A. Dach, Executive Vice President

Corporate Affairs and Government Relations

> Re: File No. EB-07-BF-024
>
> Citation No.: C20073228002

Dear Retailer:

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 Wal-Mart store #2088 and Wal-Mart Stores, Inc.
(collectively "Wal-Mart") 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 June 1, 2007, the Enforcement Bureau's Buffalo Office visited
Wal-Mart store #2088 at 4133 Veterans Memorial Drive, Batavia, New York
and observed that Wal-Mart 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 Wal-Mart 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):

  ---------------------- ------------------------------ ------------------
  **Manufacturer**       **Device**                     **Model \#**

  Duraband               TV                             DWT1304

  Duraband               TV                             DWT1905

  Magnavox               TV                             20MT1331
  ---------------------- ------------------------------ ------------------

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, Wal-Mart 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
Wal-Mart is taking to ensure that it does not violate the Commission's
rules governing the marketing of unauthorized radio frequency devices in
the future.

Wal-Mart may request an interview at the closest FCC Office, which is
Federal Communications Commission, 6400 Sheridan Drive, Williamsville,
New York, 14221.[^2] You may contact this office by telephone,
(716)-626-2454, to schedule this interview, which must take place within
10 days of this Citation. Wal-Mart 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\[s\] outlined above. Please reference file number
EB-07-BF-024 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**
>
> David A. Viglione
>
> Resident Agent
>
> Buffalo Office, Northeast Region
>
> Enforcement Bureau

CC: Douglas Jarrett, Esquire

[^1]: *See* 47 C.F.R. § 1.80(b)(3).

[^2]: ^?^ 47 U.S.C. § 503(b)(5).