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**June 3, 2008**

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

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

Tuesday Morning Store

11505 NE Fourth Plain Road, Suite G2

Vancouver, WA 98662

Tuesday Morning, Inc.

6250 LBJ Freeway

Dallas, TX 75240

Attn.: Kathleen Mason, President

> Re: File No. EB-08-PO-0115
>
> Citation No.: C200832920010

Dear Tuesday Morning:

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 Tuesday Morning Store, Vancouver, Washington, and Tuesday
Morning, Inc. (collectively "Tuesday Morning") 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 May 29, 2008, an agent from the Enforcement Bureau's Portland
Resident Agent Office visited Tuesday Morning Store located at 11505 NE
Fourth Plain Road, Suite G2, Vancouver, Washington and observed that
Tuesday Morning 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 Tuesday Morning 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**

  Jeep                 5" Television/AM/FM  JX-LTVCMP       2

                                                            
  -------------------- -------------------- --------------- ---------------

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, Tuesday Morning 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
Tuesday Morning 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, (360) 696-6707, to schedule this interview, which must take
place within 10 days of this Citation. Alternatively, as noted above,
Tuesday Morning 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-08-PO-0115 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).