Federal Communications Commission FCC 08-106 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Wal-Mart Stores, Inc. and Sam’s West, Inc. Bentonville, AR ) ) ) ) ) ) File Number EB-07-SE-203 NAL/Acct. No. 200832100036 FRN #0008627473 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 Wal-Mart Stores, Inc. and Sam’s West, Inc. 1 (collectively “Wal-Mart”), apparently willfully and repeatedly violated Section 15.117(k) of the Commission's Rules (“Rules”)2 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.3 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (“Act”),4 that Wal-Mart is apparently liable for a forfeiture in the amount of nine hundred ninety-two thousand dollars ($992,000). 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.”5 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.”6 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.”7 We reached this 1 Sam’s West, Inc. is wholly-owned by Wal-Mart Stores, Inc., and operates 582 domestic Sam’s Club warehouse merchandise outlets. 2 47 C.F.R. § 15.117(k). 3 The devices subject to this proceeding were offered for sale at various Wal-Mart and Sam’s Club retail locations and electronically at the Sam’s Club internet site, www.samsclub.com. 4 47 U.S.C. § 503(b). 5 2002 Biennial Regulatory Review, Report and Order and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13825 ¶ 532 (2003). 6 Id. 7 Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion To Digital Television, (continued....) Federal Communications Commission FCC 08-106 2 conclusion after determining that consumer electronics industry efforts had not adequately informed consumers how analog-only television equipment purchased now will function when the transition to digital broadcasting ends.8 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.9 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, 2007.10 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.11 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.12 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 (...continued from previous page) Second Report and Order, 22 FCC Rcd 8776 ¶ 1 (2007) (“Second DTV Periodic Report and Order”). 8 Id. at 8781-2 ¶ 10. 9 Id. at 8784 ¶ 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, 22 FCC Rcd at 8781 n.29. 10 Second Periodic Review in the Commission’s Rules and Policies Affecting the Conversion to Digital Television, 72 Fed. Reg. 28894-01 (May 23, 2007). 11 47 C.F.R. § 15.117(k)(1). 12 Id. 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 08-106 3 clear and conspicuous print, and in close proximity to any images or descriptions of such equipment.13 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 observed many models of analog-only television receiving equipment on display without the required Consumer Alert labels. On May 30 2007, the Enforcement Bureau issued a Citation to Wal-Mart for offering for sale television receiving equipment having an analog-only tuner without displaying the required Consumer Alert in close proximity.14 Between May 30, 2007, and June 13, 2007, the Enforcement Bureau conducted inspections at numerous stores and, based on those inspections, issued additional Citations to Wal-Mart for violations at its stores.15 After affording Wal-Mart a reasonable opportunity to respond to the first Citation,16 agents and investigators from the Enforcement Bureau began inspecting numerous additional Wal-Mart stores on June 14, 2007, in various states and once again observed in fifty-one (51) stores and the Sam’s Club website, television receiving equipment with analog-only tuners on display without the required Consumer Alert labels.17 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 order issued by the Commission shall be liable to the United States for a forfeiture penalty.18 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.19 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 Act20 and the Commission has so interpreted the term in imposing forfeitures pursuant to Section 503(b).21 The Commission may also assess a forfeiture for violations that are merely repeated, and not willful.22 13 47 C.F.R. § 15.117(k)(2). 14 Wal-Mart Supercenter Store #573, Citation No. C20073256002, (Enf. Bur., Kansas City, MO Office, rel. May 30, 2007). 15 See Attachment A for a list of the citations issued to Wal-Mart (collectively “Citations”). In preparing the Citations, Enforcement Bureau staff relied on publicly available information, including retailer and manufacturer websites, to identify the television receiving equipment with analog-only tuners. 16 On June 11, 2007, Wal-Mart responded to the first Citation. See Letter from Gary De Angelis, Co-Manager for Wal-Mart Store #573, to the Enforcement Bureau, Federal Communications Commission dated June 1, 2007 (“Citation Response”). Wal-Mart subsequently filed consolidated responses to the first and other Citations. See Letters from Kyle Holifield, Director, Product Compliance & Safety for Wal-Mart, to William Davenport, Assistant Bureau Chief and George Dillon, Assistant Bureau Chief, Enforcement Bureau, Federal Communications Commission dated June 13, 21, and 29, 2007. We note that following issuance of the citations, the Enforcement Bureau, after reviewing the devices’ technical specifications and user’s manuals, determined that the following Citations referred to erroneously identified equipment models: Citation Nos. C20073264010 (Toshiba MW27H62) and C20073254008 (Samsung DVD6700). In light of this evidence, we hereby cancel the relevant portions of the above citations with respect to those models. 17 See Attachment B for a listing of the stores and the website visited and the models observed at each store and website. 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 the Wal- Mart and Sam’s Club websites. 18 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(2). 19 47 U.S.C. § 312(f)(1). 20 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). 21 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.”). 22 See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of Apparent Liability for Monetary Forfeiture, (continued....) Federal Communications Commission FCC 08-106 4 “Repeated” means that the act was committed or omitted more than once, or lasts more than one day.23 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.24 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.25 As we set forth below, we conclude under this standard that Wal-Mart 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 Wal-Mart 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 fifty-one (51) Wal-Mart stores and on the Sam’s club website without the required Consumer Alert labels.26 Wal-Mart previously received sixty-three (63) Citations for this same type of conduct prior to the agents’ inspections.27 8. Under Section 503(b)(2)(D) of the Act,28 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 (...continued from previous page) 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). 23 Southern California Broadcasting Co., 6 FCC Rcd at 4388 ¶ 5; Callais Cablevision, Inc., 16 FCC Rcd at 1362 ¶ 9. 24 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f). 25 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 ¶ 4 (2002) (forfeiture paid). 26 Attachment B lists the dates of the Enforcement Bureau inspections, the analog-only models identified in violation of Section 15.117(k), as well as the Wal-Mart stores involved. 27 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 apparent violations discussed in this NAL are subject to forfeiture because we have afforded Wal-Mart a reasonable opportunity for a personal interview or to submit a written response to its first Citation before conducting a second round of inspections that would count towards potential forfeiture liability. See supra para. 5 and notes 15 and 16. 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 Section 503(b)(5) do not apply to Wal-Mart , 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, e.g., Earth station authorizations E940457 and E950140 issued to Wal-Mart Stores, Inc. (We note further that Wal-Mart also apparently holds numerous wireless licenses through the entity Wal-Mart Stores East, LP. See, e.g., Stations KD51835 and KNAD455 licensed to Wal-Mart Stores East, LP, in the Industrial/Business Pool Private Land Mobile Service.) 28 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 (continued....) Federal Communications Commission FCC 08-106 5 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.”29 9. The Commission’s Forfeiture Policy Statement30 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.” 31 We also noted that it is a matter of public safety for consumers who rely on analog-only televisions to obtain critical emergency information.32 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.33 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 an $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).34 11. We find that, beginning on June 14, 2007, as detailed in attachment B, even after receiving the Citations warning of violations in its stores across the country, Wal-Mart displayed numerous different models of equipment with an analog-only tuner in fifty-one (51) stores and the Sam’s Club website without the required Consumer Alert label. As a result, Wal-Mart continued to market television receiving equipment to consumers without adequately 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.35 Applying the (...continued from previous page) 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). 29 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. 30 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”). 31 Second DTV Periodic Report and Order, 22 FCC Rcd at 8782-3 ¶ 12. 32 Id. at 8783 ¶ 12. See also 47 C.F.R. §§ 11.1-11.61, 79.2. 33 See Pine Telephone Inc., Notice of Apparent Liability, 22 FCC Rcd 9205, 9210 ¶ 11 (Enf. Bur., Spectrum Enf. Div. 2007); IT&E Overseas, Inc., Notice of Apparent Liability, 22 FCC Rcd 7660, 7665 ¶ 10 (Enf. Bur., Spectrum Enf. Div. 2007). 34 We caution Wal-Mart and other retailers that future cases involving repeat offenders may result in the imposition of forfeitures on a continuing violation basis. 35 “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, 22 FCC Rcd at 8783 ¶ 12. Federal Communications Commission FCC 08-106 6 analysis set forth above to the facts of this case, we conclude that Wal-Mart is apparently liable for a $992,000 base forfeiture.36 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, Wal-Mart Stores, Inc., and Sam’s West, Inc., are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine hundred ninety-two thousand dollars ($992,000) for violations of Section 15.117(k) of the Rules.37 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, Wal-Mart Stores, Inc., and Sam’s West, 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 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. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director, Financial Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.38 36 See Attachment B regarding the calculation of the total proposed forfeiture amounts. 37 47 U.S.C. § 503(b), 47 C.F.R. §§ 1.80, 15.117(k). 38See 47 C.F.R. § 1.1914. Federal Communications Commission FCC 08-106 7 18. 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 Kyle Holifield, Director, Product Compliance & Safety, Wal-Mart Stores, Inc., 702 SW 8th Street, Bentonville, AR 72716 and Gregory Kunkle, Esq., Keller & Heckman, LLP, at 1001 G Street, NW, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 08-106 8 Attachment A Store #- Location Citation No. Release Date Wal-Mart Store # 573, Lee’s Summit, MO C20073256002 May 30, 2007 Wal-Mart Store # 5338, San Diego, CA C20073294006 May 31, 2007 Wal-Mart Store # 2082, Cerritos, CA C20073290016 May31, 2007 Wal-Mart Store # 789, Mesquite, TX C20073250006 May 31, 2007 Wal-Mart Store # 3725, Niles, IL C20073232004 May 31, 2007 Wal-Mart Store # 2550, Vancouver, WA C20073292004 May 31, 2007 Wal-Mart Store # 3420, Westbury, NY C20073238011 May 31, 2007 Wal-Mart Store # 2091, Miami, FL C20073260001 May 31, 2007 Wal-Mart Store # 3831, Portsmouth, VA C20073264005 June 1, 2007 Sam’s Club Store # 6676, Willow Grove, PA C20073240006 June 1, 2007 Wal-Mart Store # 1960, Tampa, FL C200073270004 June 1, 2007 Wal-Mart Store # 0989, Metairie, LA C20073262001 June 1, 2007 Wal-Mart Store # 0591, Covington, LA C20073262002 June 1, 2007 Wal-Mart Store # 5131, Trevose, PA C20073240003 June 4, 2007 Wal-Mart Store # 2904, Brockton, MA C20073226004 June 4, 2007 Wal-Mart Store # 2088, Batavia, NY C20073228002 June 4, 2007 Wal-Mart Store # 5130, Philadelphia, PA C20073240008 June 4, 2007 Wal-Mart Store # 2007, Anchorage, AK C20073278001 June 4, 2007 Wal-Mart Store # 3297, Houston, TX C20073254005 June 4, 2007 Sam’s Club Store # 6346, Houston, TX C20073254007 June 5, 2007 Sam’s Club Store # 8274, Houston, TX C20073254006 June5, 2007 Wal-Mart Store # 2204, Des Plaines, IL C20073232007 June 5, 2007 Wal-Mart Store # 2248, Catonsville, MD C20073234003 June 5, 2007 Federal Communications Commission FCC 08-106 9 Wal-Mart Store # 2341, Quincy, MA C20073226001 June 5, 2007 Sam’s Club Store # 4735, La Habra, CA C20073290023 June 5, 2007 Wal-Mart Store # 2242, Anaheim, CA C20073290024 June 5, 2007 Sam’s Club # 4743, Plano, TX C20073250008 June 6, 2007 Wal-Mart Store # 3564, Horsham, PA C20073240012 June 6, 2007 Wal-Mart Store # 1985, Laurel, MD C200732340005 June 6, 2007 Wal-Mart Store # 1103, Houston, TX C200732540008 June 6, 2007 Wal-Mart Store # 1373, Lilburn, GA C20073248007 June 6, 2007 Wal-Mart Store # 428, Lakewood, CO C20073280008 June 6, 2007 Wal-Mart Store # 1117, Plano, TX C20073250010 June 6, 2007 Sam’s Club Store # 4735, Forney, CA C20073290023 June 6, 2007 Wal-Mart Store # 1985 Laurel, MD C20073234005 June 6, 2007 Wal-Mart Store # 2151, Sunrise, FL C20073260007 June 7, 2007 Wal-Mart Store # 5091, Cypress, TX C20073254010 June 7, 2007 Wal-Mart Store # 1184, Stone Mountain, GA C20073248008 June 7, 2007 Wal-Mart Store # 2406, Hamburg, NY C20073228003 June 7, 2007 Wal-Mart Store # 1040, Houston, TX C20073254011 June 7, 2007 Sam’s Store # 6635, Littleton, CO C20073280011 June 11, 2007 Wal-Mart Store # 2559, Warren, MI C20073236007 June 11, 2007 Wal-Mart Store #2445, Hatfield PA C20073240021 June 11, 2007 Wal-Mart Store # 2040, Burlington, NJ C20073240023 June 11, 2007 Wal-Mart Store # 1837, Humble, TX C20073254014 June 11, 2007 Wal-Mart Store # 3476, Canton, MI C20073236008 June 11, 2007 Wal-Mart Store # 2412?, Ellicott City, MD C20073234008 June 12, 2007 Wal-Mart Store # 768, Katy, TX C20073254016 June 12, 2007 Federal Communications Commission FCC 08-106 10 Wal-Mart Store # 5177, Bristol, PA C20073240027 June 12, 2007 Wal-Mart Store # 2068, Fairless Hills, PA C20073240024 June 12, 2007 Wal-Mart Store # 1811, Norfolk, VA C20073264010 June 12, 2007 Sam’s Club Store # 4764, Katy, TX C20073254015 June 12, 2007 Wal-Mart Store # 2412, Ellicott City, MD C20073234008 June 12, 2007 Wal-Mart Store # 2022, North Windham, CT C20073226006 June 12, 2007 Wal-Mart Store # 5296, Barboursville, WV C20073234010 June 13, 2007 Wal-Mart Store # 3520, Seacaucus, NJ C20073238018 June 14, 2007 Wal-Mart Store # 2031, Union City, CA C200732960016 June 14, 2007 Wal-Mart Store # 5293, Valley Stream, NY C20073238025 June 14, 2007 Sam’s Club Store # 4774, Seacaucus, NJ C20073238019 June 14, 2007 Wal-Mart Store # 1697, Elk Grove, CA C20073296024 June 18, 2007 Wal-Mart Store # 5192, Sacramento, CA C20073296022 June 18, 2007 Wal-Mart Store # 2269, Yakima, WA C20073298020 June 18, 2007 Wal-Mart Store # 2277, Clovis, CA C20073296026 June 20, 2007 Federal Communications Commission FCC 08-106 11 Attachment B 1. June 14, 2007, Wal-Mart, Store # 2074, Wasilla, AK. Manufacturer Device Model # Forfeiture Amount Magnavox DVD MWR10D6 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Panasonic DVD DMR-ES15 $8,000 Panasonic DVD/VCR DMR-ES35VS $8,000 Samsung DVD DVD-R129 $8,000 Sony DVD RDR-GX330 $8,000 Sony DVD/VCR SLV-D370P $8,000 SV2000 DVD WV10D6 $8,000 Subtotal $64,000 2. June 14, 2007, Wal-Mart Store # 1291, Tucson, AZ. Manufacturer Device Model # Forfeiture Amount Funai DVD/VCR WV10D6 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Subtotal $16,000 3. June 14, 2007, Wal-Mart Store # 5435, San Jose, CA. Manufacturer Device Model # Forfeiture Amount Philips TV 20PT6245/37 $8,000 Sony DVD/VCR SLV-D370P $8,000 Subtotal $16,000 4. June 14, 2007, Wal-Mart Store # 3762, West Des Moines, IA. Manufacturer Device Model # Forfeiture Amount Philips TV 20PT6245/37 $8,000 Subtotal $8,000 5. June 14, 2007, Wal-Mart Store # 5380, Hanover, MA. Manufacturer Device Model # Forfeiture Amount Magnavox DVD MWR20V6 $8,000 Subtotal $8,000 6. June 14, 2007, Wal-Mart Store # 2522, Escanaba, MI. Manufacturer Device Model # Forfeiture Amount Durabrand SDTV DWT1304A $8,000 Magnavox TV/VHS/DVD MWC20T6 $8,000 Magnavox SDTV 20MS233S $8,000 Magnavox TV/DVD/VCR MWC20T6 $8,000 Philips TV 20PT6245/37 $8,000 Subtotal $40,000 Federal Communications Commission FCC 08-106 12 7. .June 14, 2007, Wal-Mart Store # 2434, Iron Mountain, MI. Manufacturer Device Model # Forfeiture Amount Durabrand TV DWT1304 $8,000 Subtotal $8,000 8. June 14, 2007, Wal-Mart Store # 3565, East Norristown, PA. Manufacturer Device Model # Forfeiture Amount Durabrand TV DWT1304 $8,000 Magnavox TV/DVD/VCR MWC20T6 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Magnavox DVD MWR10D6 $8,000 Philips DVD/VCR DVP3150V $8,000 Subtotal $40,000 9. June 14, 2007, Wal-Mart Store # 1469, Chattanooga, TN. Manufacturer Device Model # Forfeiture Amount Philips DVR DVP3150V $8,000 Subtotal $8,000 10. June 14, 2007, Wal-Mart Store # 2257, Houston, TX. Manufacturer Device Model # Forfeiture Amount Philips DVR DVP3050V $8,000 Samsung DVD/VCR DVD-V5650 $8,000 Subtotal $16,000 11. June 14, 2007, Wal-Mart Store # 1313, San Antonio, TX. Manufacturer Device Model # Forfeiture Amount Magnavox DVDR MWR10D6 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Philips DVDR DVDR-3390 $8,000 SV2000 DVDR WV10D6 $8,000 Subtotal $32,000 12. June 14, 2007, Wal-Mart Store # 5245, San Antonio, TX. Manufacturer Device Model # Forfeiture Amount Philips DVDR DVDR-3390 $8,000 Subtotal $8,000 13. June 15, 2007, Wal-Mart Store # 1325, Tucson, AZ. Manufacturer Device Model # Forfeiture Amount Philips DVD/DVR DVP3150V/37 $8,000 Subtotal $8,000 Federal Communications Commission FCC 08-106 13 14. June 15, 2007, Wal-Mart Store # 771, Merritt Island, FL. Manufacturer Device Model # Forfeiture Amount Durabrand TV DWT1905 $8,000 Durabrand TV DWT1304 $8,000 Philips TV 20PT6245/37 $8,000 Subtotal $24,000 15. June 15, 2007, Wal-Mart Store # 834, Bethany, MO. Manufacturer Device Model # Forfeiture Amount Philips TV 20PT6245/37 $8,000 Subtotal $8,000 16. June 15, 2007, Wal-Mart Store # 2404, San Antonio, TX. Manufacturer Device Model # Forfeiture Amount Magnavox DVD/VCR MWR10D6 $8,000 Subtotal $8,000 17. June 15, 2007, Sam’s Club, samsclub.com. Manufacturer Device Model # Forfeiture Amount Panasonic DVD DMR-ES15S $8,000 Subtotal $8,000 18. June 16, 2007, Sam’s Club Store # 8290, Orlando, FL. Manufacturer Device Model # Forfeiture Amount Magnavox TV/DVD/VCR MSD724G $8,000 Subtotal $8,000 19. June 16, 2007, Wal-Mart Store #2247, Cary, NC. Manufacturer Device Model # Forfeiture Amount Duraband TV DWT 1905 $8,000 Subtotal $8,000 20. June 16, 2007, Wal-Mart Store # 1751, Raleigh, NC. Manufacturer Device Model # Forfeiture Amount Philips TV 20PT6245/37 $8,000 Panasonic DVD Recorder DMR-ES15 $8,000 Subtotal $16,000 21. June 18, 2007, Wal-Mart Store # 3891, Waukeegan, IL. Manufacturer Device Model # Forfeiture Amount Magnavox TV/DVD/VCR MWC20T6 $8,000 Magnavox TV/DVD/VCR MWC24T5 $8,000 Philips TV 20PT6245 $8,000 Subtotal $24,000 Federal Communications Commission FCC 08-106 14 22. June 18, 2007, Wal-Mart Store # 3507, Baltimore/P. Coving, MD. Manufacturer Device Model # Forfeiture Amount Durabrand SDTV DWT1304 $8,000 Durabrand SDTV DWT1905 $8,000 Magnavox TV/DVD MWC13D6 $8,000 Philips TV 20TP6245/37 $8,000 RCA TV 20F420T $8,000 Subtotal $40,000 23. June 18, 2007, Wal-Mart Store # 2539, Spokane Valley, WA. Manufacturer Device Model # Forfeiture Amount Philips DVD/VCR DVP3150V $8,000 Subtotal $8,000 24. June 19, 2007, Sam’s Club Store # 8203, Marietta, GA. Manufacturer Device Model # Forfeiture Amount Panasonic DVD DMR-ES15 $8,000 Subtotal $8,000 25. June 19, 2007, Wal-Mart Store # 2281, West Mifflin, PA. Manufacturer Device Model # Forfeiture Amount Durabrand TV DWT1304 $8,000 Emerson DVD/VCR EWH100F $8,000 JVC DVD/VCR DR-MV7 $8,000 Panasonic DVD RW DMR-ES35V $8,000 Panasonic Diga DVD RW DMR-ES20 $8,000 Polaroid DVD DRM-2001G $8,000 Philips TV 20PT6245/37 $8,000 Philips TV 20PF5120 $8,000 Philips DVD RW DVDR3455H $8,000 Sony DVD/VCR SLV-D370P $8,000 Subtotal $80,000 26. June 19, 2007, Wal-Mart Store # 2423, Carolina, PR. Manufacturer Device Model # Forfeiture Amount RCA DVD/VCR DRC8320N $8,000 Subtotal $8,000 27. June 19, 2007, Wal-Mart Store # 2105, Farmers Branch, TX. Manufacturer Device Model # Forfeiture Amount Magnavox DVD MWR10D6 $8,000 Magnavox TV/DVD/VCD MWC20T6 $8,000 Magnavox TV/DVD MWC13D6 $8,000 Philips DVD/VCR DVP3150V $8,000 Samsung DVD/VCR DVD-V5650 $8,000 Subtotal $40,000 Federal Communications Commission FCC 08-106 15 28 June 19, 2007, Wal-Mart Store # 1055, Garland, TX. Manufacturer Device Model # Forfeiture Amount Samsung DVD/VCR DVD-V5650 $8,000 Subtotal $8,000 29. June 19, 2007, Sam’s Club # 4783, Garland, TX. Manufacturer Device Model # Forfeiture Amount Magnavox TV/DVD/VCR MSD742G $8,000 Subtotal $8,000 30. June 20, 2007, Wal-Mart Store # 2718, San Antonio, TX. Manufacturer Device Model # Forfeiture Amount Philips DVD/VCR DVP3050V/37 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Subtotal $16,000 31. June 29, 2007, Wal-Mart Store # 2871, Cinnaminson, NJ. Manufacturer Device Model # Forfeiture Amount Philips DVD/VCR DVP3150V/37 $8,000 Magnavox DVD/VCR MWR10D6 $8,000 Magnavox DVD/VCR MWD2205 $8,000 Samsung DVD/VCR DVD-V5650 $8,000 Subtotal $32,000 32. June 29, 2007, Wal-Mart Store # 2300, Pittsburgh, PA.. Manufacturer Device Model # Forfeiture Amount Durabrand TV DWT1304 $8,000 Magnavox TV/DVD/VCR MWC20T6 $8,000 Magnavox DVD Recorder MWR10D6 $8,000 Magnavox DVD/VCR MWR20V6 $8,000 Philips DVD Recorder DVDR3390/37 $8,000 Philips DVD/VCR DVP3150V/37 $8,000 Samsung DVD/VCR DVDV5650 $8,000 SV2000 DVD Recorder WV10D6 $8,000 Subtotal $64,000 33. July 2, 2007, Wal-Mart Store # 905, Longmont, CO Manufacturer Device Model # Forfeiture Amount Philips DVD/VCR DVP3050V $8,000 Samsung DVD/VCR DVD-V5650 $8,000 Panasonic DVD Recorder DMR-ES15S $8,000 Sanyo TV DS24205 $8,000 Subtotal $32,000 Federal Communications Commission FCC 08-106 16 34. July 6, 2007, Wal-Mart Store # 194, Baytown, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD MWR10D6 $8,000 SV2000 DVD WV10D6 $8,000 Subtotal $16,000 35. July 9, 2007, Sam’s Club Store # 8299, Plano, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MSR90D6 $8,000 Subtotal $8,000 36. July 11, 2007, Wal-Mart Store # 1875, Glen Burnie, MD Manufacturer Device Model # Forfeiture Amount Durabrand SDTV DWT1304 $8,000 Subtotal $8,000 37. July 11, 2007, Wal-Mart Store # 5228, Columbia, MD Manufacturer Device Model # Forfeiture Amount Durabrand SDTV DWT1304 $8,000 Magnavox TV/DVD MWC24T5 $8,000 Subtotal $16,000 38. July 11, 2007, Wal-Mart Store # 2449, Caguas, PR. Manufacturer Device Model # Forfeiture Amount JVC DVD/VCR DR-MV7SU $8,000 Toshiba TV 20AS26 $8,000 RCA DVD/VCR DRC8320N $8,000 Subtotal $24,000 39. July 11, 2007, Sam’s Club Store # 6350, Sherman, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MSR90D6 $8,000 Subtotal $8,000 40. July 17, 2007, Wall-Mart Supercenter Store # 24, Jacksonville, AR Manufacturer Device Model # Forfeiture Amount Panasonic DVD Recorder/VCR DMR-ES35V $8,000 Samsung DVD Recorder DVD-R129 $8,000 Subtotal $16,000 41. July 19, 2007, Wall-Mart Store # 1884, Scranton, PA Federal Communications Commission FCC 08-106 17 Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MWR10D6 $8,000 Philips DVD Recorder DVDR3390 $8,000 Subtotal $16,000 42. October 9, 2007, Wall-Mart Store # 3475, Norristown, PA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MWR10D6 $8,000 SV2000 DVD Recorder WV10D6 $8,000 Subtotal $16,000 43. October 9, 2007, Wall-Mart Store # 5229, Wyncote, PA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MWR10D6 $8,000 Philips DVD Recorder WV10D6 $8,000 Subtotal $16,000 44. October 9, 2007, Sam’s Club Store # 6368, Chesapeake, VA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MSR90D6 $8,000 Panasonic DVD Recorder/VCR DMR-ES46V $8,000 Subtotal $16,000 45. October 9, 2007, Wal-Mart Store # 5047, Audubon, NJ Manufacturer Device Model # Forfeiture Amount SV2000 DVD Recorder WV10D6 $8,000 Subtotal $8,000 46. October 9, 2007, Wal-Mart Store # 2096, Warminster, PA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MWR10D6 $8,000 Subtotal $8,000 47. November 9, 2007, Wal-Mart Store # 546, Richmond, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder/VCR MWR10D6 $8,000 SV2000 DVD Recorder WV10D6 $8,000 Subtotal $16,000 48. November 19, 2007, Wal-Mart Store # 2242, Anaheim, CA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder/VCR MWR10D6 $8,000 SV2000 DVD Recorder WV10D6 $8,000 Subtotal $16,000 Federal Communications Commission FCC 08-106 18 49. December 6, 2007, Sam’s Club Store # 6677, Monroeville, PA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MSR900D6 $8,000 Subtotal $8,000 50. December 11, 2007, Wal-Mart Store # 5045, Tomball, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder/ MWR10D6 $8,000 Subtotal $8,000 51. December 20, 2007, Sam’s Club Store # 4783, Garland, TX Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder MSR90D6 $8,000 Subtotal $8,000 52. December 20, 2007, Wal-Mart Store # 1055, Garland, TX Manufacturer Device Model # Forfeiture Amount Philips HD DVD Recorder DVDR3455H $8,000 Polaroid TV FLM-153B $8,000 Subtotal $16,000 53. January 15, 2008, Wal-Mart Store # 1935, Johnstown, PA Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder/VCR MWR10D6 $8,000 SV2000 DVD Recorder WV10D6 $8,000 Subtotal $16,000 54. February 21, 2008, Wal-Mart Store # 5033, Fort Morgan, CO Manufacturer Device Model # Forfeiture Amount Magnavox DVD Recorder/VCR MWR10D6 $8,000 Subtotal $8,000 TOTAL PROPOSED FORFEITURE: $992,000