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

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

Wal-Mart Supercenter Store #573

1000 NE Sam Walton Lane

Lee's Summit, MO 64086

**CORRECTED COPY**

[]{.mark}

> Re: File No. EB-07-KC-061
>
> Citation No.: **C20073256002**

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 Supercenter Store #573 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, the Enforcement Bureau's Kansas City Field Office
visited Wal-Mart Supercenter Store #573 observed that this store 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 Supercenter Store #573 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 the
following equipment:

iLO DTV2794

Durabrand DU1901

Durabrand BH1304D

Magnavox MWC24T5

Magnavox MWC20T6

Magnavox MWC13D6

in clear and conspicuous print, the Consumer Alert label required under
Section 15.117(k). 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 Supercenter Store #573
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 Supercenter Store #573 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 Supercenter Store #573 may request an interview at the closest
FCC Office, which is Federal Communications Commission, 520 NE Colbern
Road, Lee's Summit, MO.[^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. Wal-Mart Supercenter Store #573 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-KC-061when 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 Field Office
>
> South Central Region
>
> Enforcement Bureau

CC:

Wal-Mart Stores, Inc

702 SW Eighth Street

Bentonville, AR 72716

Douglas Jarrett, Esq.

Keller and Heckman LLP

1001 G Street, N.W., Suite 500 West

Washington, D.C. 20001

[^1]: *See* 47 C.F.R. § 1.80(b)(3).

[^2]: ^?^ 47 U.S.C. § 503(b)(5).