August 11, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bobby Gowin
Store Manager
Store # 463
2730 Eastern Blvd
Montgomery, AL 36117
Winn-Dixie Stores, Inc.
5050 Edgewood Court
Jacksonville, FL 32254-3699
Attn.: Laurence B. Appel, Senior VP and General Counsel
Re:  File No. EB-08-AT-0200
Citation No.:  C200832480002
Dear Retailer:
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 Winn-Dixie Store # 
463 and Winn-Dixie Inc. (collectively Winn-Dixie for failure to provide appropriate Consumer 
Alert disclosures on analog tuner only television receiving equipment in violation of Section 
15.117(k) of the Commissions Rules (Rules), 47 C.F.R.  15.117(k).1 As explained below, 
future violations of the Commissions rules in this regard may subject your company to monetary 
forfeitures. 
On July 23, 2008 agent from the Enforcement Bureaus Atlanta Office of the 
Enforcement Bureau visited Winn-Dixie Store # 463 at 2730 Eastern Blvd, Montgomery, AL 
36117 and observed that Winn-Dixie 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 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, 
  
1 Analog tuner only television receiving equipment includes televisions, television receivers, and other 
television receiving equipment, such as video-cassette recorders and digital video recorders, that are 
covered by the Commission's digital television reception capability implementation schedule. See 47 C.F.R. 
 15.117(i)(1)(iv).
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C.  20554
2
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 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 Winn-Dixie has violated 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 required Consumer Alert label:
Manufacturer Device Model # Number of Units
Winn-Dixie Portable TV/AM/FM BD1404B 25
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, any Winn-Dixie retail outlet or any other retail 
outlets under common ownership engages in conduct of the type described herein, in 
violation of the Communications Act or the Commissions rules, the Commission may 
3
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.2
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 Winn-
Dixie is taking to ensure that it does not violate Section 15.117(k) of the Commissions rules in 
the future. 
If you choose to request a personal interview, the closest FCC Office is Federal 
Communications Commission, 3575 Koger Blvd Suite 320, Duluth, GA 30096.3 You should 
contact this office by telephone, (XXX) XXXX-XXXXto schedule this interview, which must 
take place within 10 days of this Citation.  Alternatively, as noted above, Winn-Dixie may 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-08-AT-0200 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
Douglas Miller
District Director, Atlanta Office
South Central Region
Enforcement Bureau
  
2 See 47 C.F.R.  1.80(b)(3).
3 47 U.S.C.  503(b)(5).