June 1, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Jehle
Manager
KMart
12350 SW 8th Street
Miami, FL 33184
Kmart 
c/o Sears Holding Corporation
3333 Beverly Road 
Hoffman Estates, IL 60179
Attn.:  William R. Harker
Senior Vice President and General Counsel
Re:  File No. EB-07-MA-023
Citation No.:  C20073260002
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 Kmart 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 Commissions Rules (Rules), 47 C.F.R.  15.117(k). As explained below, future 
violations of the Commissions rules in this regard may subject your company to monetary 
forfeitures. 
On May 30, 2007, agents from the Commissions Miami Office of the Enforcement 
Bureau visited the Kmart store located at 12350 SW 8th Street, Miami, FL and observed that 
Kmart 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 Commissions 
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.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C.  20554
2
(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 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. 
Accordingly, it appears that Kmart 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 following 
equipment, in clear and conspicuous print, the Consumer Alert label required under Section 
15.117(k):
- Curtis Mathes 13 TV, model CM13102;
- Disney TV model DT1350P;
- Magnavox TV model 14MS2331;
- Memorex model Memory 14;
- RCA TV model 13V420T; and
- Sylvania TV model CT202SL8.  
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, any Kmart retail outlet or any other retail outlets 
under common ownership or control violates the Communications Act or the Commissions 
3
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. 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 Commissions Field Office nearest to your 
place of business, or (2) a written statement.  Your response should specify the actions that Kmart 
is taking to ensure that it does not violate the Commissions rules governing the marketing of 
unauthorized radio frequency devices in the future.
Kmart may request an interview at the closest FCC Office, which is Federal 
Communications Commission, 2203 N. Lois Ave., Room 1215, Tampa, FL 33607.2 You may 
contact this office by telephone, (XXX) XXXX-XXXX to schedule this interview, which must 
take place within 10 days of this Citation. Kmart 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 outlined above.  Please reference file number EB-
07-MA-023 when corresponding with the Commission.
Under the Privacy Act of 1974, 5 U.S.C.  552a(e)(3), we are informing you that the 
Commissions 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 Commissions 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
Gerardo Daubar
Resident Agent
Miami, FL
Enforcement Bureau
  
1 See 47 C.F.R.  1.80(b)(3).
2 47 U.S.C.  503(b)(5).