Federal Communications Commission DA 08-1380
1
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
BJs Wholesale Club, Inc.
Natick, MA
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File No. EB-07-RK-007
Acct. No. 0832460005
FRN #0004895405
ORDER
Adopted:  June 10, 2008 Released: June 12, 2008
By the Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (Bureau) and BJs Wholesale Club, Inc. (BJs).  The Consent Decree terminates 
an investigation by the Bureau against BJs for possible violations of Section 15.117(k) of the 
Commissions Rules regarding the labeling of television receiving equipment that contains an analog 
broadcast television tuner but does not contain a digital broadcast television tuner. 
2. The Bureau and BJs have negotiated the terms of the Consent Decree that resolve this 
matter.  A copy of the Consent Decree is attached hereto and incorporated by reference.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
investigation.
4. In the absence of material new evidence relating to this matter, we conclude that our 
investigation raises no substantial or material questions of fact as to whether BJs possesses the basic 
qualifications, including those related to character, to hold or obtain any Commission license or 
authorization.    
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act 
of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commissions Rules,2 the Consent Decree 
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
7. IT IS FURTHER ORDERED that BJs Wholesale Club, Inc. shall make its voluntary 
contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or 
similar instrument payable to the order of the Federal Communications Commission, to Federal 
  
1 47 U.S.C.  154(i).
2 47 C.F.R.  0.111, 0.311.
Federal Communications Commission DA 08-1380
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Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail 
may be sent to U.S. Bank  Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. 
Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters FORF in block number 24A 
(payment type code).  BJs shall also send electronic notification on the date said payment is made to 
SCR-Response@fcc.gov.
8. IT IS FURTHER ORDERED that BJs Wholesale Club, Inc. will file reports with the 
Commission ninety days after the Effective Date and on July 9, 2009.  Each report shall include a 
compliance certificate from an officer, as an agent of BJs, stating that the officer has personal knowledge 
that BJs has established operating procedures intended to ensure compliance with this Consent Decree, 
together with an accompanying statement explaining the basis for the officers compliance certification.  
All reports shall be submitted to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement 
Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554 and by e-
mail at Kathy.Berthot@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to BJs Wholesale Club, Inc., Lon F. 
Povich, EVP, General Counsel & Secretary, One Mercer Rd, PO Box 9501, Natick, MA 01760-9601. 
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission DA 08-1380
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
BJs Wholesale Club, Inc.
Natick, MA
)
)
)
)
)
)
)
File No. EB-07-RK-007
Acct. No. 0832460005
FRN #0004895405
CONSENT DECREE
The Enforcement Bureau and BJs Wholesale Club, Inc. (BJs), by their authorized representatives, 
hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureaus 
Investigation into BJs compliance with the Federal Communications Commissions regulations in 47 
C.F.R.  15.117(k) regarding the labeling of television receiving equipment that contains an analog 
broadcast television tuner but does not contain a digital broadcast television tuner.
I.        DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions shall apply:
(a) Act means the Communications Act of 1934, as amended, 47 U.S.C.  151 et seq.
(b) Adopting Order means an order of the Bureau adopting this Consent Decree.
(c) Analog-only television receiving equipment means television receiving equipment that 
contains an analog broadcast television tuner but does not contain a digital broadcast 
television tuner.
(d) BJs means BJs Wholesale Club, Inc. and its predecessors-in-interest and successors-
in-interest.
(e) Bureau means the Enforcement Bureau of the Federal Communications Commission.
(f) Citations means the citations issued by Bureau or the Commission between May 29, 
2007, and the Effective Date alleging violations by BJs of Section 15.117(k) of the 
Commissions Rules.
(g) Commission and FCC mean the Federal Communications Commission and all of its 
bureaus and offices.  
(h) Effective Date means the date on which the Commission releases the Adopting Order.
(i) Investigation means the investigation initiated by the Bureau regarding BJs 
compliance through the Effective Date with Section 15.117(k) of the Commissions 
Rules regarding the labeling of television receiving equipment that contains an analog 
Federal Communications Commission DA 08-1380
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broadcast television tuner but does not contain a digital broadcast television (DTV) 
tuner.  
(j) Parties means BJs and the Bureau.
(k) Rules means the Commissions regulations found in Title 47 of the Code of Federal 
Regulations.
II. BACKGROUND
2. To ensure that consumers do not inadvertently buy analog-only television receiving 
equipment without understanding that such devices will not be capable of receiving off-the-air television 
reception of digital signals after analog broadcasting ends unless connected to a digital-to-analog 
converter or a digital subscription service, the Commission adopted rules requiring anyone that sells, 
offers for sale, or rents television receiving equipment that does not contain a DTV tuner to display a 
Consumer Alert at the point of sale.1 This requirement also applies to the sale or rent of analog-only 
television receiving equipment via direct mail, catalog, or electronic means (e.g., the Internet).  These 
requirements are contained in Section 15.117(k) of the Rules, which became effective on May 25, 2007.2
3. Section 15.117(k)(3) of the Rules requires that the Consumer Alert contain the following 
language:
The Consumer Alert must 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 alert either must be printed on a 
transparent material and affixed to the screen, in a manner that is removable by the consumer and does 
not obscure the picture when displayed for sale, or displayed separately immediately adjacent to each 
television receiver offered for sale and clearly associated with the analog-only model to which it pertains.  
In the case of other analog-only video devices that do not include a display (e.g., VCRs, DVD players), 
the Consumer Alert must be in a prominent location on the device, such as on the top or front, or 
displayed separately immediately adjacent to and clearly associated with the analog-only model to which 
it pertains. To the extent that any persons display or offer for sale or rent via direct mail, catalog, or 
electronic means analog-only television receiving equipment, they must prominently display the 
Consumer Alert as part of all advertisements or descriptions of such television receiving equipment, in 
clear and conspicuous print, and in close proximity to any images or descriptions of such equipment.
  
1 Second Periodic Review of the Commissions Rules and Policies Affecting the Conversion To Digital Television, 
Second Report and Order, 22 FCC Rcd 8776 (2007) (Second DTV Periodic Report and Order).
2 Second Periodic Review in the Commissions Rules and Policies Affecting the Conversion to Digital Television, 72 
Fed. Reg. 28894-01 (May 23, 2007).
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 Nations 
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 Commissions digital television website at: www.dtv.gov.
Federal Communications Commission DA 08-1380
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4. Immediately after the rule became effective, the Bureau began inspecting hundreds of 
stores throughout the country, as well as dozens of popular retailer websites, and observed many models 
of analog-only television receiving equipment on display without the required Consumer Alert labels.  
Beginning on or about May 29, 2007, the Bureau conducted inspections at multiple BJs stores.  Based on 
those inspections, and relying on publicly available information, the Bureau issued a Citation to BJs for 
alleged violations of Section 15.117(k) at one of its stores.  After affording BJs a reasonable opportunity 
to respond to the Citation, agents and investigators from the Enforcement Bureau inspected BJs stores in 
various states and observed, in stores what appeared to them to be television receiving equipment with 
analog-only tuners on display apparently without the required Consumer Alert labels.
III. TERMS OF AGREEMENT
5. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order without change, addition, modification, or deletion.
6. Jurisdiction. BJs agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
7. Effective Date;  Violations.  The Parties agree that this Consent Decree shall become 
effective on the date on which the Bureau releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement 
of a Commission Order.
8. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate its Investigation.  In consideration for the termination of said Investigation, BJs agrees to the 
terms, conditions, and procedures contained herein.  The Bureau further agrees that in the absence of new 
material evidence, the Bureau will not use the facts developed in this Investigation through the Effective 
Date of the Consent Decree, or the existence of this Consent Decree, to institute, on its own motion, any 
new proceeding, formal or informal, or take any action on its own motion against BJs concerning the 
matters that were the subject of the Investigation.  The Bureau also agrees that it will not use the facts 
developed in this Investigation through the Effective Date of this Consent Decree, or the existence of this 
Consent Decree, to institute on its own motion any proceeding, formal or informal, or take any action on 
its own motion against BJs with respect to BJs basic qualifications, including its character 
qualifications, to hold Commission authorizations.  
9. Consumer Education Regarding the Digital Transition.  BJs agrees that it will take
the following actions to educate consumers about the upcoming transition for over-the-air broadcasting 
from analog programming to digital programming schedule for completion by February 17, 2009.  The 
requirements of this paragraph will expire February 17, 2009.
A. Within thirty (30) days of the Effective Date, BJs will include references to the FCCs 
DTV transition website (www.dtv.gov) on BJs web sites general welcome screen and 
television welcome screen.
B. Within thirty (30) days of the Effective Date, or the date it receives an electronic copy of 
a sample pamphlet from the Bureau, whichever is later, BJs will provide prominent in-
store signage in the consumer electronics section in each of its stores in addition to 
Section 15.117(k) notices to further educate consumers about the DTV transition.  Such 
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signage shall include the offering of a DTV tip sheet made available by the Bureau.  In 
the event that the Commission or its designee notifies BJs that the DTV tip sheet has 
been updated, BJs will begin using the revised tip sheet within 30 days of its being made 
available to retailers.
10. Termination of Sales of Analog-Only Televisions. BJs has permanently terminated all 
domestic retail sales of analog-only televisions.  
11. Participation in the NTIA Digital-to-Analog Converter Box Coupon Program.  BJs 
has agreed to participate in the Coupon Eligible Converter Box Program (the CECB Program) 
developed by the U.S. Department of Commerces National Telecommunications and Information
Administration (NTIA) by offering digital-to-analog converters through its stores that sell televisions.  
BJs will participate in the program as follows:
A. BJs will train member services desk staff regarding the CECB Program;
B. BJs has ordered converter boxes for its stores and has them on sale for customers; 
C. BJs retains the discretion to determine the number of boxes to be delivered to individual 
stores, based on anticipated customer demand; and
D. BJs will continue to sell converter boxes until such time as, based on its reasonable 
judgment, reimbursement payments to BJs are no longer likely to be forthcoming;
12. Compliance Reports. BJs will file compliance reports with the Commission ninety 
(90) days after the Effective Date and July 9, 2009.  Each compliance report shall include a compliance 
certificate from an officer, as an agent of BJs, stating that the officer has personal knowledge that BJs
has established operating procedures intended to ensure compliance with this Consent Decree, together 
with an accompanying statement explaining the basis for the officers compliance certification.  All 
compliance reports shall be submitted to Kathryn S. Berthot, Chief, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 
20554 and by e-mail at Kathy.Berthot@fcc.gov.  
13. Termination Date.  Unless stated otherwise, the requirements of this Consent Decree 
will expire July 9, 2009.
14. Voluntary Contribution.  BJs agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of twenty thousand dollars ($20,000).  The payment will be made 
within thirty (30) calendar days after the Effective Date of the Adopting Order.  The payment must be 
made by check or similar instrument, payable to the order of the Federal Communications Commission.  
The payment must include the NAL/Account Number and FRN Number referenced in the caption to the 
Adopting Order.  Payment by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to 
U.S. Bank  Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters FORF in block number 24A 
(payment type code).  BJs shall also send electronic notification on the date said payment is made to 
Diane Law-Hsu, Regional Counsel, South Central Region, at SCR-Response@fcc.gov.
15. Waivers.  BJs waives any and all rights it may have to seek administrative or judicial 
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent 
Federal Communications Commission DA 08-1380
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Decree and the Adopting Order, provided the Bureau issues the Adopting Order without change, addition, 
modification, or deletion. BJs shall retain the right to challenge Commission interpretation of the 
Consent Decree or any terms contained herein.  If either Party (or the United States on behalf of the 
Commission) brings a judicial action to enforce the terms of the Adopting Order, neither BJs nor the 
Commission shall contest the validity of the Consent Decree or the Adopting Order, and BJs shall waive 
any statutory right to a trial de novo.  BJs hereby agrees to waive any claims it may otherwise have under 
the Equal Access to Justice Act, 5 U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to the matters 
addressed in this Consent Decree.
16. Severability. The Parties agree that if any of the provisions of the Adopting Order or the 
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate 
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting 
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable 
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced 
accordingly.  In the event that this Consent Decree in its entirety is rendered invalid by any court of 
competent jurisdiction, it shall become null and void and may not be used in any manner in any legal 
proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which BJs does not expressly consent) 
that provision will be superseded by such Commission rule or Order.
18. Successors and Assigns. BJs agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.  
19. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  The Parties further agree that this Consent Decree does 
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding 
any compliance or noncompliance with the requirements of the Act or the Commissions Rules and 
Orders. The Parties agree that this Consent Decree is for settlement purposes only and that by agreeing to 
this Consent Decree, BJs does not admit or deny noncompliance, violation or liability for violating the 
Act or Rules in connection with the matters that are the subject of this Consent Decree.
20. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
21. Paragraph Headings. The headings of the Paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
22. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
Federal Communications Commission DA 08-1380
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23. Counterparts. This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
Kris Anne Monteith
Chief
Enforcement Bureau 
________________________________
Date
________________________________
Lon F. Povich
Executive Vice President, General Counsel and 
Secretary
BJs Wholesale Club, Inc.
________________________________
Date