Federal Communications Commission FCC 08-104 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Best Buy Co., Inc. Richfield, MN ) ) ) ) ) ) ) File Number EB-07-RK-003 NAL/Acct. No. 200732460003 FRN 0002625630 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 9, 2008 Released: April 10, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Best Buy Co., Inc. (“Best Buy”) apparently willfully and repeatedly violated Section 15.117(k) of the Commission's Rules (“Rules”)1 by failing to place the required Consumer Alert label immediately adjacent to and clearly associated with television receiving equipment that contains an analog broadcast television tuner but does not contain a digital broadcast television tuner (hereinafter “analog-only tuner”) that it displayed or offered for sale or rent. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (“Act”),2 that Best Buy is apparently liable for a forfeiture in the amount of two hundred eighty thousand dollars ($280,000). II. BACKGROUND 2. Congress has established February 17, 2009 as the deadline for the end of analog transmissions for full power television stations. The Commission is statutorily obligated to promote the orderly transition to digital television, “a critical step in the evolution of broadcast television.”3 As we stated previously, “[w]e are committed to ensuring the rapid completion of that transition in a way that delivers the greatest possible benefits to the viewing public.”4 As part of that commitment and in light of the upcoming deadline, we recently announced that “it is necessary and appropriate to require retailers to provide consumers with information regarding this transition date at the point of sale.”5 We reached this conclusion after determining that consumer electronics industry efforts had not adequately informed 1 47 C.F.R. § 15.117(k). 2 47 U.S.C. § 503(b). 3 2002 Biennial Regulatory Review, Report and Order and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13825 ¶ 532 (2003). 4 Id. 5 Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion To Digital Television, Second Report and Order, 22 FCC Rcd 8776 at ¶ 1 (2007) (“Second DTV Periodic Report and Order”). Federal Communications Commission FCC 08-104 2 consumers how analog-only television equipment purchased now will function when the transition to digital broadcasting ends.6 3. To ensure that consumers do not inadvertently buy analog-only television 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, we adopted rules requiring anyone that sells, offers for sale, or rents television receiving equipment that does not contain a digital television (“DTV”) tuner to display a Consumer Alert at the point of sale.7 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, 2007.8 4. 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.9 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.10 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.11 5. Immediately after the rule became effective, the Commission’s Enforcement Bureau began inspecting hundreds of stores throughout the country, as well as dozens of popular retailer websites, and 6 Id. at ¶ 10. 7 Second DTV Periodic Report and Order at ¶ 14. See 47 C.F.R. § 15.117(k). In the Second DTV Periodic Report and Order, the Commission defined “point of sale” as the “place where televisions are displayed for consumers prior to purchase.” See Second DTV Periodic Report and Order at n.29. 8 Second Periodic Review in the Commission’s Rules and Policies Affecting the Conversion to Digital Television, 72 Fed. Reg. 28894-01 (May 23, 2007). 9 47 C.F.R. § 15.117(k)(1). 10 Id. 11 47 C.F.R. § 15.117(k)(2). 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. Federal Communications Commission FCC 08-104 3 observed many models of analog-only television receiving equipment on display without the required Consumer Alert labels. On May 31, 2007, the Enforcement Bureau issued a Citation to Best Buy for offering for sale television receiving equipment having an analog-only tuner without displaying the required Consumer Alert in close proximity.12 Between May 31 and June 11, 2007, the Enforcement Bureau conducted inspections at numerous stores and, based on those inspections, issued additional Citations to Best Buy for violations at its stores and its website.13 After affording Best Buy a reasonable opportunity to respond to the first Citation,14 agents from the Enforcement Bureau began inspecting numerous additional Best Buy stores on June 12, 2007 in various states and once again observed television receiving equipment with analog-only tuners on display without the required Consumer Alert labels in 18 Best Buy stores.15 6. Under Section 503(b)(1) of the Act, any person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of the Act or any rule, regulation, or 12 Best Buy, Inc., Citation No. C20073248003, (Enf. Bur. Atlanta Office, rel. May 31, 2007). 13 See Attachment A for a list of the citations issued to Best Buy (collectively “Citations”). In preparing the Citations, Enforcement Bureau staff relied on publicly available information, including retailer websites, to identify the television receiving equipment with analog-only tuners. Subsequently, Enforcement Bureau staff determined that the following Citations referred, in whole or in part, to erroneously identified equipment models: Citation No. C20073270001 (Toshiba model MD20H63); Citation No. C20073294014 (Samsung model DVD-VR357); Citation No. C20073294012 (Samsung model DVD-VR357, Sony model RDRGC330). In light of this evidence, we hereby cancel the relevant portions of the above citations with respect to those models. 14 On June 8, 2007, Best Buy responded to the first Citation. See Letter from Robert A. Bodeau, corporate counsel for Best Buy to Douglas Miller, District Director, Atlanta Office, Enforcement Bureau, dated June 7, 2007 (“Citation Response”). Best Buy subsequently filed responses to the other Citations. See Letter from Robert A. Bodeau, corporate counsel for Best Buy to Ralph Barlow, District Director, Tampa Office, Enforcement Bureau, dated June 7, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to James Roop, Acting District Director, Chicago Office, Enforcement Bureau, dated June 7, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, dated June 12, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Nikki Shears, District Director, Denver Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Kristine McGowan, District Director, Seattle Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Kristine McGowan, District Director, Seattle Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to James Bridgewater, District Director, Detroit Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to William Zears, District Director, San Diego Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Thomas Van Stavern, District Director, San Francisco Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Gerardo Daubar, Resident Agent, Miami Office, Enforcement Bureau, dated June 13, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Robert McKinney, District Director, Kansas City Office, Enforcement Bureau, dated June 14, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Thomas Van Stavern, District Director, San Francisco Office, Enforcement Bureau, dated June 14, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Gene Stanbro, District Director, Philadelphia Office, Enforcement Bureau, dated June 18, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Gene Stanbro, District Director, Philadelphia Office, Enforcement Bureau, dated June 21, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to William Zears, District Director, San Diego Office, Enforcement Bureau, dated June 21, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Thomas Van Stavern, District Director, San Francisco Office, Enforcement Bureau, dated June 26, 2007; Letter from Robert A. Bodeau, corporate counsel for Best Buy to Thomas Van Stavern, District Director, San Francisco Office, Enforcement Bureau, dated June 26, 2007. 15 See Attachment B for a listing of the stores visited and the models observed at each store. Enforcement Bureau staff determined that these models had analog-only tuners by consulting the manufacturer’s product manuals or, if such were unavailable, the models’ technical specifications from Best Buy’s website. Federal Communications Commission FCC 08-104 4 order issued by the Commission shall be liable to the United States for a forfeiture penalty.16 Section 312(f)(1) of the Act defines willful as “the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate” the law.17 The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both Sections 312 and 503(b) of the Act18 and the Commission has so interpreted the term in imposing forfeitures pursuant to Section 503(b).19 The Commission may also assess a forfeiture for violations that are merely repeated, and not willful.20 “Repeated” means that the act was committed or omitted more than once, or lasts more than one day.21 To impose such a forfeiture penalty, the Commission must issue a notice of apparent liability and the person against whom the notice has been issued must have an opportunity to show, in writing, why no such forfeiture penalty should be imposed.22 The Commission will then issue a forfeiture if it finds by a preponderance of the evidence that the person has violated the Act or a Commission rule.23 As we set forth below, we conclude under this standard that Best Buy is apparently liable for forfeiture for its apparent willful and repeated violations of Section 15.117(k) of the Commission’s rules. III. DISCUSSION 7. Based on the evidence before us, we find that Best Buy apparently willfully and repeatedly violated Section 15.117(k) of the Rules by failing to display conspicuously and in close proximity to equipment with an analog-only tuner, in clear and conspicuous print, the required Consumer Alert label. Specifically, as detailed in Attachment B, agents and investigators from the Enforcement Bureau observed a number of different models of television receiving equipment having only an analog-only tuner on display in 18 Best Buy stores without the required Consumer Alert labels.24 Best Buy previously received 19 Citations for this same type of conduct prior to the agents’ inspections.25 16 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(2). 17 47 U.S.C. § 312(f)(1). 18 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). 19 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) (“Southern California Broadcasting Co.”). 20 See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, ¶ 10 (2001) (“Callais Cablevision”) (issuing a Notice of Apparent Liability for, inter alia, a cable television operator’s repeated signal leakage). 21 Southern California Broadcasting Co., 6 FCC Rcd at 4388, ¶ 5; Callais Cablevision, Inc., 16 FCC Rcd at 1362, ¶ 9. 22 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f). 23 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591, ¶ 4 (2002) (forfeiture paid). 24 Attachment B lists the date(s) of the Enforcement Bureau inspections, the analog-only models identified in violation of Section 15.117(k), as well as the Best Buy store(s) involved. 25 Section 503(b)(5) states that no forfeiture liability shall be determined against any person who does not hold a license, permit, certificate, or other authorization issued by the Commission unless, prior to issuance of any Notice of Apparent Liability, such person is “(A) sent a citation of the violation charged; (B) is given a reasonable opportunity for a personal interview with an official of the Commission at the field office of the Commission which is nearest to such person’s place of residence; and (C) subsequently engages in conduct of the type described in such citation.” 47 U.S.C. § 503(b)(5). The violations discussed in this NAL are subject to forfeiture because we have issued the Citations and afforded Best Buy an opportunity for a personal interview or to submit a written response. See Attachment A and supra note 14 for 3 Citations cancelled in whole or in part. To the extent that the television receiving models involved in this NAL differ from those listed in the Citations, no additional citations are necessary because the more recent apparent violations are “conduct of the type described” in the earlier Citations – violations of Section 15.117(k). See HighTech CB Shop, Forfeiture Order, 20 FCC Rcd 12514, 12516 ¶ 9 (Enf. Bur. South Central Region 2005), recon. denied, 20 FCC Rcd 19269 (Enf. Bur. 2005). In any event, the requirements of (continued....) Federal Communications Commission FCC 08-104 5 8. Under Section 503(b)(2)(D) of the Act,26 we may assess an entity that is neither a common carrier, broadcast licensee or cable operator a forfeiture of up to $11,000 for each violation or each day of a continuing violation, up to a statutory maximum forfeiture of $97,500 for any single continuing violation. In exercising such authority, we must take into account “the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.”27 9. The Commission’s Forfeiture Policy Statement28 and Section 1.80 of the Rules do not establish a specific base forfeiture for violation of the analog-only tuner labeling requirements. In adopting the Consumer Alert labeling requirements, the Commission stated that “[a]ccurate communication of this impending change is a highly material disclosure for consumers contemplating the purchase of a television.” 29 We also noted that it is a matter of public safety for consumers who rely on analog-only televisions to obtain critical emergency information.30 10. Similar issues arose regarding labeling requirements for wireless hearing aid-compatible handsets. In those cases, the Enforcement Bureau established a base forfeiture amount of $8,000 per handset model that failed to comply with the labeling requirements.31 The labeling requirements for wireless hearing aid-compatible handsets and the analog-only tuner labeling requirements both serve the important goal of ensuring that consumers have access to necessary information. In light of the similarities in these labeling requirements, we conclude that a $8,000 base forfeiture amount per unlabeled model or device in each store where Bureau agents and investigators observed a violation is appropriate for apparent violations of Section 15.117(k).32 11. We find that, beginning on June 12, 2007, as detailed in Attachment B, even after receiving the Citations warning of violations in its stores across the country, Best Buy displayed numerous different models of equipment with an analog-only tuner in 18 stores without the required Consumer Alert label. As a result, Best Buy continued to market television receiving equipment to consumers without adequately (...continued from previous page) Section 503(b)(5) do not apply to Best Buy, which is a Commission licensee and therefore subject to forfeiture under Section 503(b)(2) of the Act without first receiving notice via a citation. See Call Sign WPSH642. 26 47 U.S.C. § 503(b)(2)(D). The Commission twice amended Section 1.80(b)(3) of the Rules, 47 C.F.R. § 1.80(b)(3), to increase the maximum forfeiture amounts, in accordance with the inflation adjustment requirements contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. § 2461. See Amendment of Section 1.80 of the Commission’s Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 15 FCC Rcd 18221 (2000) (adjusting the maximum statutory amounts from $10,000/$75,000 to $11,000/$87,500); Amendment of Section 1.80 of the Commission’s Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting the maximum statutory amounts from $11,000/$87,500 to $11,000/$97,500). 27 47 U.S.C. § 503(b)(2)(E). See also 47 C.F.R. § 1.80(b)(4), Note to paragraph (b)(4): Section II. Adjustment Criteria for Section 503 Forfeitures. 28 See The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17115 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“Forfeiture Policy Statement”). 29 Second DTV Periodic Report and Order at ¶ 12. 30 Id. See also 47 C.F.R. §§ 11.1-11.61, 79.2. 31 See Pine Telephone Inc., Notice of Apparent Liability, 22 FCC Rcd 9205, 9210 (Enf. Bur., Spectrum Enf. Div. 2007) subsequent history omitted; IT&E Overseas, Inc., Notice of Apparent Liability, 22 FCC Rcd 7660, 7665 (Enf. Bur., Spectrum Enf. Div. 2007). 32 We caution Best Buy and other retailers that future cases involving repeat offenders may result in the imposition of forfeitures on a continuing violation basis. Federal Communications Commission FCC 08-104 6 warning that the equipment contained an analog-only television receiver. Those consumers may not learn of their equipment’s limitations until the analog-only devices cease to receive over-the-air television signals, long after any period for returning the equipment has expired. This scenario is precisely the outcome that our rule was intended to prevent.33 Applying the analysis set forth above to the facts of this case, we conclude that Best Buy is apparently liable for a $280,000 base forfeiture.34 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, Best Buy Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two hundred eighty thousand dollars ($280,000) for violations of Section 15.117(k) of the Rules.35 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Best Buy Co., Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 14. Payment of the forfeiture 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 above. 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[s] 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). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 15. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, and must include the NAL/Acct. No. referenced in the caption. 16. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Best Buy Co., Inc. 33 “After the transition, absent a label requirement, even cable and satellite subscribers might be surprised to find that they cannot receive television broadcasts over-the-air on an analog-only television purchased today if they choose to discontinue subscription service or their cable or satellite service is terminated by disaster, service disruption, or for non-payment of their bills.” Second DTV Periodic Report and Order at ¶ 12. 34 See Attachment B regarding the calculation of the total proposed forfeiture amounts. 35 47 U.S.C. § 503(b), 47 C.F.R. §§ 1.80, 15.117(k). Federal Communications Commission FCC 08-104 7 at its address of record and Robert Bodeau, Corporate Counsel, Best Buy, 7601 Penn Avenue South, Richfield, MN 55423-3645. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 08-104 8 Attachment A Store #- Location Citation No. Release Date Store # 504 Duluth, GA C20073248003 5/31/07 Store # 564, Clearwater, FL C20073270001 5/31/07 Store # 305, Schaumburg, IL C20073232002 5/31/07 Store #454, Westbury, NY C20073238010 5/31/07 Store # 498, Bellevue, WA C20073298007 6/1/07 Store # 382, Lakewood, CO C20073280007 6/4/07 Store # 470, Seattle, WA C20073298009 6/4/07 Store #589, Philadelphia, PA C20073240009 6/5/07 Store # 830, Tacoma, WA C20073298012 6/5/07 Store # 897, Farmington Hills, MI C20073236005 6/5/07 Store # 188, Chula Vista, CA C20073294012 6/6/07 Store # 121, Fresno, CA C20073296009 6/6/07 Store # 551, Plantation, FL C20073260006 6/7/07 Store # 36, Independence, MO C20073256008 6/7/07 Store # 438, San Diego, CA C20073294014 6/7/07 Store # 135, Pleasant Hill, CA C20073296012 6/8/07 Store # 525, North Wales, PA C20073240020 6/11/07 Store # 352, San Diego, CA C20073294016 6/11/07 Store # 581, Mays Landing, NJ C20073240025 6/12/07 Store # 349, Elk Grove, CA C20073296021 6/18/07 Store # 660, Sacramento, CA C20073296020 6/18/07 Webpage EB-07-SE-175 6/6/07 Federal Communications Commission FCC 08-104 9 Attachment B 1. 6/12/07, Best Buy Store #115, Murrieta, CA. Manufacturer Device Model # Forfeiture Amount Panasonic VCR/DVD Recorder DMR-ES35V5 $8,000 Subtotal $8,000 2. 6/13/07, Best Buy Store # 1023, Sherman, TX. Manufacturer Device Model # Forfeiture Amount Philips DVD Recorder DVDR3400 $8,000 Subtotal $8,000 3. 6/13/07, Best Buy Store # 19, Des Moines, IA. Manufacturer Device Model # Forfeiture Amount Coby 7” TV TF-TV700 $8,000 Subtotal $8,000 4. 6/13/07, Best Buy Store #143, Chesterfield, MO. Manufacturer Device Model # Forfeiture Amount Magnavox TV 20MF251W $8,000 Subtotal $8,000 5. 6/13/07, Best Buy Store # 942, Fenton, MO. Manufacturer Device Model # Forfeiture Amount Insignia DVD/VCR NS-DRVCR $8,000 Subtotal $8,000 6. 6/13/07, Best Buy Store # 268, Charlotte, NC. Manufacturer Device Model # Forfeiture Amount Insignia DVD Recorder NS-DRVCR $8,000 Subtotal $8,000 7. 6/13/07, Best Buy Store # 155, Greensboro, NC. Manufacturer Device Model # Forfeiture Amount Panasonic DVD Recorder DMR-ES35V $8,000 Panasonic DVD Recorder DMR-ES15V $8,000 Subtotal $16,000 Federal Communications Commission FCC 08-104 10 8. 6/14/07, Best Buy Store # 469, Staten Island, NY. Manufacturer Device Model # Forfeiture Amount Insignia DVD/VCR NS-DRVCR $8,000 Sony DVD RDRGX330 $8,000 Subtotal $16,000 9. 6/14/07, Best Buy Store # 374, Yonkers, NY. Manufacturer Device Model # Forfeiture Amount Magnavox 20” TV 20MF251W $8,000 Panasonic DVD Recorder/VCR Combo DMR-ES35VS $8,000 Insignia DVD Combo Recorder NS-DRVCR $8,000 Subtotal $24,000 10. 6/14/07, Best Buy Store #488, Chattanooga, TN. Manufacturer Device Model # Forfeiture Amount Panasonic DVD/Recorder DMR-ES15 $8,000 Subtotal $8,000 11. 6/14/07, Best Buy Store # 547, Harrisburg, PA. Manufacturer Device Model # Forfeiture Amount Sylvania TV/DVD/VCR 6727DE $8,000 Philips DVD RW DVDR3400 $8,000 Toshiba DVD RW D-RW2 $8,000 Subtotal $24,000 12. 6/14/07, Best Buy Store # 1802, Las Vegas, NV. Manufacturer Device Model # Forfeiture Amount Toshiba DVD D-RW2 $8,000 Panasonic DVD/VCR DMR-ES35V $8,000 Sony DVD/VCR RDR-VX530 $8,000 Subtotal $24,000 13. 6/14/07, Best Buy Store # 1414, San Antonio, TX. Manufacturer Device Model # Forfeiture Amount Toshiba DVDR D-RW2 $8,000 Toshiba DVDR-VCR D-VR5 $8,000 Samsung DVDR/VCR DVD-VR330 $8,000 Subtotal $24,000 Federal Communications Commission FCC 08-104 11 14. 6/14/07, Best Buy Store # 190, San Jose, CA. Manufacturer Device Model # Forfeiture Amount Sony DVDR/VCR RDR-VX530 $8,000 Panasonic DVD/VCR DMR-ES15 $8,000 Panasonic DVD/VCR DMR-ES40 $8,000 Sony DVD/VCR RDR-GX330 $8,000 Subtotal $32,000 15. 6/15/07, Best Buy Store # 871, San Marcos, CA. Manufacturer Device Model # Forfeiture Amount Insignia TV/DVD IS-TV040918 $8,000 Subtotal $8,000 16. 7/5/07, Best Buy Store # 373, Harvey, LA. Manufacturer Device Model # Forfeiture Amount Insignia DVD-R / VCR NS-DRVCR $8,000 Toshiba DVD-R D-RW2 $8,000 Samsung DVD-R DVD-R135 $8,000 Subtotal $24,000 17. 7/12/07, Best Buy Store # 849, Gurnee, IL. Manufacturer Device Model # Forfeiture Amount Symphonic TV/VCR SC309D $8,000 Subtotal $8,000 18. 7/13/07, Best Buy Store # 103, City of Industry, CA. Manufacturer Device Model # Forfeiture Amount Sony DVD/VCR RDR-VX530 $8,000 Insignia DVD/VCR NS-DRVCR $8,000 Insignia TV IS-TVDVD20 $8,000 Subtotal $24,000 TOTAL PROPOSED FORFEITURE: $280,000.00