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**October 31, 2007**

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

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

Bi-Mart Store #661

3003 Addy Street

Washougal, WA 98671

Bi-Mart Acquisition Corporation

220 South Seneca

P.O. Box 2310

Eugene, OR 97402

Attn.: Marty W. Smith, President

> Re: File No. EB-07-PO-216
>
> Citation No.: C20083292002

Dear Bi-Mart:

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 Bi-Mart Store #661, Washougal, Washington, and Bi-Mart
Acquisition Corporation (collectively "Bi-Mart") 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 October 19, 2007, an agent from the Enforcement Bureau's Portland
Resident Agent Office visited Bi-Mart Store #661 located at 3003 Addy
Street, Washougal, Washington and observed that Bi-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 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."                        |
+-----------------------------------------------------------------------+

Accordingly, it appears that Bi-Mart has violated Section 15.117(k)(1)
of the Rules by failing to place a label with the exact language
contained in Section 15.117(k)(3) on or in close proximity to the
following equipment:

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

  Magnavox             23" Television       23MT2336        1

  Vector               5" B&W Television    VEC 130B        3
  -------------------- -------------------- --------------- ---------------

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, Bi-Mart 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
Bi-Mart 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 98034-6927.[^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,
Bi-Mart may submit a written statement to the Federal Communications
Commission, Portland Resident Agent Office, PO Box 61469, Vancouver, WA
98666-1469 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-PO-216 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**

> Binh Nguyen
>
> Resident Agent
>
> Portland Resident Agent Office
>
> Western region
>
> Enforcement Bureau

[^1]: *See* 47 C.F.R. § 1.80(b)(3).

[^2]: ^?^ 47 U.S.C. § 503(b)(5).