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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                               
                                                                          
                                          )                               
     In the Matter of                         File Number EB-07-RC-004    
                                          )                               
     Value City Department Stores, Inc.       NAL/Acct. No. 200832200002  
                                          )                               
     Columbus, OH                             FRN: 0003011038             
                                          )                               
                                                                          
                                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 6, 2008 Released: May 9, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Value City Department Stores, Inc. ("Value City") apparently
       willfully and repeatedly  violated Section 15.117(k)  of the
       Commission's Rules ("Rules") 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"), that Value City is
       apparently liable for a forfeiture in the amount of two hundred
       sixteen thousand dollars ($216,000).

   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." 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." 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." We reached this 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.

    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. 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.

    4. Section 15.117(k)(3) of the Rules requires that the Consumer Alert
       contain the following language:


                                   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.                         


       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. 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. 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.

         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 31, 2007, the Enforcement Bureau issued a Citation to
            Value City for offering for sale television receiving equipment
            having an analog-only tuner without displaying the required
            Consumer Alert in close proximity. The Enforcement Bureau
            conducted additional inspections at numerous stores and, based on
            these inspections, issued one more Citation to Value City on June
            5, 2007. After affording Value City a reasonable opportunity to
            respond to the citations issued to Value City, agents and
            investigators from the Enforcement Bureau began inspecting
            numerous additional Value City stores on July 16, 2007,  in
            various states and once again observed in nine  Value City stores
            television receiving equipment with analog-only tuners on display
            without the required Consumer Alert labels.

         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. 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. 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 Act and the Commission has so
            interpreted the term in imposing forfeitures pursuant to Section
            503(b). The Commission may also assess a forfeiture for
            violations that are merely repeated, and not willful.  "Repeated"
            means that the act was committed or omitted more than once, or
            lasts more than one day. 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. 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. As we set forth below, we
            conclude under this standard that Value City 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 Value City
            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 the Attachment,  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 nine Value City stores without
            the required Consumer Alert labels. Value City previously
            received two citations for this same type of conduct prior to the
            agents' inspections.

         8. Under Section 503(b)(2)(D) of the Act, 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."

         9. The Commission's Forfeiture Policy Statement 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."  We also noted that it is a matter of
            public safety for consumers who rely on analog-only televisions
            to obtain critical emergency information.

        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. 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).

        11. We find that, on July 17, 18, 20, and 27, 2007, as detailed in
            the Attachment, even after receiving two citations warning of
            violations in its stores,  Value City displayed numerous
            different models of equipment with an analog-only tuner in nine
            Value City stores without the required Consumer Alert label. As a
            result, Value City 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. Applying the analysis set forth above to the
            facts of this case, we conclude that Value City is apparently
            liable for a  $216,000  base forfeiture.

        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, Value City Department Stores, Inc. is
            hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
            the amount of two hundred sixteen thousand dollars ($216,000) 
            for violations of Section 15.117(k) of the Rules.

        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, Value City
            Department Stores, 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 Value City Department
            Stores, Inc. at its address of record.

       FEDERAL COMMUNICATIONS COMMISSION

       Marlene H. Dortch

       Secretary

                                   ATTACHMENT

                          Proposed Forfeiture Amounts

         1. July 17, 2007, Value City, Doraville, GA


         Manufacturer   Device    Model #     Forfeiture Amount            

         Sony           VCR/DVD   SLV-D370P   $8,000                       

         Philips        DVD       DVP-3050V   $8,000                       

         Sanyo          DVD       DRW-500C    $8,000                       

                                              SUBTOTAL            $24,000  


         2. July 17, 2007, Value City Marietta, GA


         Manufacturer   Device   Model #   Forfeiture Amount           

         Magnavox       TV       MWC13D6   $8,000                      

                                           SUBTOTAL            $8,000  


         3. July 18, 2007, Value City Oak Lawn, IL 


         Manufacturer   Device       Model #     Forfeiture Amount           

         Samsung        DVD/Player   DVD-V5650   $8,000                      

                                                 SUBTOTAL            $8,000  


         4. July 20, 2007, Value City, Norfolk, VA


         Manufacturer   Device   Model #   Forfeiture Amount            

         Curtis         TV       TVD2000   $8,000                       

         Magnavox       TV       MWC13D6   $8,000                       

         Toshiba        TV       26HF85    $8,000                       

                                           SUBTOTAL            $24,000  


         5. July 20, 2007, Value City, Livonia, MI


         Manufacturer   Device       Model #      Forfeiture                 
                                                  Amount                     

         Magnavox       DVD Player   MWR10D6      $8,000                     

         Samsung        DVD Player   DVD-V5650B   $8,000                     

         Sony           DVD/ VCR     SLVD-271P    $8,000                     

         Sony           DVD/ VCR     SLVD-370P    $8,000                     

         Sony           DVD/ VCR     SLVD-360P    $8,000                     

                                                  SUBTOTAL          $40,000  


         6. July 20, 2007, Gumee, IL


         Manufacturer   Device    Model #     Forfeiture Amount            

         RCA            DVD/VCR   DRC6350N    $8,000                       

         Samsung        DVD/VCR   DVD-V5500   $8,000                       

                                              SUBTOTAL            $16,000  


         7. July 27, 2007, Value City, Westland, MI


              Manufacturer   Device     Model #     Forfeiture               
                                                    Amount                   

              Sylvania       24"TV      6424TF      $8,000                   

              Sony           DVD/ VCR   SLVD-370P   $8,000                   

                                                    SUBTOTAL        $16,000  


              8. November 7, 2007, Value City, Pittsburgh, PA


                   Manufacturer   Device   Model #   Forfeiture              
                                                     Amount                  

                   SV2000         DVD-R    WV10D6    $8,000                  

                   Magnavox       DVD-R    MWR10D6   $8,000                  

                                                     SUBTOTAL       $16,000  


                   9. January 16, 2008, Value City, Johnstown, PA


                  Manufacturer Device     Model #   Forfeiture               
                                                    Amount                   

                  Memorex      TV/VCR/DVD MVDT2002B $8,000                   

                  SV2000       TV/DVD     CSV20PFD  $8,000                   

                  RCA          TV/DVD     20F510TD  $8,000                   

                  RCA          TV         20F512T   $8,000                   

                  Magnavox     TV/DVD     MWC13D6   $8,000                   

                  Magnavox     DVD-R      MWR10D6   $8,000                   

                  SV2000       DVD-R      WV10D6    $8,000                   

                  RCA          DVD-R      DRC8052NB $8,000                   

                                                    SUBTOTAL         $64,000 


                 Value City Total Proposed Forfeiture: $216,000

                 47 C.F.R. S: 15.117(k).

                 47 U.S.C. S: 503(b).

                 2002 Biennial Regulatory Review, Report and Order and Notice
                 of Proposed Rulemaking, 18 FCC Rcd 13620, 13825 P: 532
                 (2003).

                 Id.

                 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 P: 1 (2007)
                 ("Second DTV Periodic Report and Order").

                 .

                 Id. at P: 10.

                 Second DTV Periodic Report and Order at P: 14. See 47 C.F.R.
                 S: 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.

                 Second Periodic Review in the Commission's Rules and
                 Policies Affecting the Conversion to Digital Television, 72
                 Fed. Reg. 28894-01 (May 23, 2007).

                 47 C.F.R. S: 15.117(k)(1).

                 Id.

                 47 C.F.R. S: 15.117(k)(2).

                 ValueCity Department Stores, Inc., Citation No. C20073232005
                 (Enf. Bur. Chicago Office, rel. May 31, 2007).

                 ValueCity Department Stores, Inc., Citation No. C20073234004
                 (Enf. Bur. Columbia Office, rel. June 5, 2007). In preparing
                 this Citation,  the Enforcement Bureau staff relied on 
                 publicly available information to identify the television
                 receiving equipment with analog-only tuners. Subsequently,
                 Enforcement Bureau staff determined that this Citation
                 referred in part to the following erroneously identified
                 equipment models: Magnavox 24" TV/DVD, Model #MWC24T5B;
                 Sanyo 24" TV, Model #AVM2445. In light of this evidence, we
                 hereby cancel the relevant portions of this citation with
                 respect to those models.

                 Value City did not respond to the citations.

                 See Attachment 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
                 Value City's website.

                 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(2).

                 47 U.S.C. S: 312(f)(1).

                 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

                 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.").

                 See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana,
                 Notice of Apparent Liability for Monetary Forfeiture, 16 FCC
                 Rcd 1359, 1362, P: 10 (2001) ("Callais Cablevision")
                 (issuing a Notice of Apparent Liability for, inter alia, a
                 cable television operator's repeated signal leakage).

                 Southern California Broadcasting Co., 6 FCC Rcd at 4388, P:
                 5; Callais Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

                 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

                 See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17
                 FCC Rcd 7589, 7591, P: 4 (2002) (forfeiture paid).

                 The Attachment lists the dates of the Enforcement Bureau
                 inspections, the analog-only models identified in violation
                 of Section 15.117(k), as well as the Value City stores
                 involved.

                 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. S: 503(b)(5). The apparent violations discussed in
                 this NAL are subject to forfeiture because we afforded Value
                 City 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 12-14. To the extent that the television receiving
                 models involved in this NAL differ from those listed in the
                 two citations issued to Value City, 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 P: 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 Value City, 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., Stations KNNL994, KNNL995, and KNNV417,
                 licensed to Value City in the Industrial/Business Pool
                 Private Land Mobile Service.

                 47 U.S.C. S: 503(b)(2)(D). The Commission twice amended
                 Section 1.80(b)(3) of the Rules, 47 C.F.R. S: 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. S: 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).

                 47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4),
                 Note to paragraph (b)(4): Section II. Adjustment Criteria
                 for Section 503 Forfeitures.

                 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").

                 Second DTV Periodic Report and Order at P: 12.

                 Id. See also 47 C.F.R. S:S: 11.1-11.61, 79.2.

                 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)..

                 We caution Value City and other retailers that future cases
                 involving repeat offenders may result in the imposition of
                 forfeitures on a continuing violation basis.

                 "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 P: 12.

                 See Attachment regarding the calculation of the total
                 proposed forfeiture amounts.

                 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 1.80, 15.117(k).

                 (...continued from previous page)

                                                              (continued....)

                 Federal Communications Commission FCC 08-123

                                       2

                 Federal Communications Commission FCC 08-123