Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
June 20, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Heartland America, Inc.
8085 Century Boulevard
Chaska, Minnesota 55318
Attn: Bruce Brekke, President and CEO
Re: File No. EB-08-SE-544
Dear Mr. Brekke:
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. S: 503(b)(5), to
Heartland America, Inc. ("Heartland America") 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. S: 15.117(k). As explained below, future
violations of the Commission's rules in this regard may subject your
company to monetary forfeitures.
On June 10th and 11th, 2008, an investigator from the Commission's
Enforcement Bureau visited Heartland America's internet site,
www.heartlandamerica.com, and observed that Heartland America did not have
the proper Consumer Alert label displayed at the point of sale on two
televisions, the "Sylvania 13 inch TV/VCR" and the "Weather Channel TV
with NOAA," that contain an analog tuner but not a digital tuner. Although
the "Weather Channel TV with NOAA" had a Consumer Alert notice, it did not
include the entire Consumer Alert disclosure text set forth in Section
15.117(k)(3) of the Rules.
Section 15.117(k) of the Commission's Rules states:
(k) The following requirements apply to all responsible parties, as
defined in S: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."
Accordingly, it appears that Heartland America has violated Section
15.117(k)(1) 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):
Manufacturer Device Item Number
Sylvania 13 inch TV/VCR WW22-81592
Vector Weather Channel TV with NOAA WW22-70191
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, Heartland America 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.
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 Heartland
America is taking to ensure that it does not violate Section 15.117(k) of
the Commission's rules in the future.
Heartland America may request an interview at the closest FCC Field
Office, which is located in Chicago, Illinois. Please contact Celia Lewis
at (202) 418-1160 if you wish to schedule an interview which must take
place within 10 days of this Citation. Heartland America may also submit a
written statement within 10 days of the date of this Citation to:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Re: EB-08-SE-544
Federal Communications Commission
445 12th Street, S.W., Rm. 3-C366
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S: 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. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Specifically, the "Weather Channel TV with NOAA" included the following
notice:
Notice: This TV has only an `analog' broadcast tuner so will require a
converter box after February 17, 2009 to receive over-the-air broadcasts
with an antenna, because of the transition to digital broadcasting on that
date. (It should continue to work as before with cable and satellite TV
systems, gaming consoles, VCRs, DVD players, and similar products.).
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 08-1450
3
Federal Communications Commission DA 08-1450
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554