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

April 15, 2008

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

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

Pamida Store #70

1738 S. 11^th^ Street

Nebraska City, NE 68410

Pamida Stores Operating Company, LLC**\
**8800 \"F\" Street\
Omaha, NE 68127

Attn: S.S. Fishman, President

> Re: File No. EB-08-KC-0079
>
> Citation No.: C200832560005

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 Pamida Stores Operating Company, LLC and Pamida Store #70
("Pamida") 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).[^1] As explained below, future violations of the Commission's
rules in this regard may subject your company to monetary forfeitures.

On April 10, 2008 an agent from the Commission's Kansas City Office of
the Enforcement Bureau visited Pamida's store at 1738 S. 11^th^ Street,
Nebraska City, NE and observed that Pamida 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 Pamida has violated Section 15.117(k)(1) of
the Rules by failing to place a label on the following equipment in a
location so that it is "clearly associated with the analog-only model to
which it pertains:"

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

  Magnavox             TV                   15MF400T/37     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, any Pamida retail outlet or any
other retail outlets under common ownership 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}**[^2]

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
Pamida 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, 520 NE Colbern Road, Lee's Summit,
Missouri 64086.[^3] You should contact this office by telephone, (XXX)
XXXX-XXXX to schedule this interview, which must take place within 10
days of the date of this Citation.

Alternatively, as noted above, Pamida 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-08-KC-0079 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**
>
> Robert C. McKinney
>
> District Director, Kansas City Office
>
> South Central Region
>
> Enforcement Bureau

[^1]: Analog tuner only television receiving equipment includes
    televisions, television receivers, and other television receiving
    equipment, such as video-cassette recorders and digital video
    recorders, that are covered by the Commission\'s digital television
    reception capability implementation schedule. *See* 47 C.F.R. §
    15.117(i)(1)(iv). 

[^2]: *See* 47 C.F.R. § 1.80(b)(3).

[^3]: ^?^ 47 U.S.C. § 503(b)(5).