FCC Enforcement Of Analog Labeling Order Spans 15 Field Offices
In a much broader FCC crackdown than previously known, agents from at least 15 field and district offices began fanning out to CE stores throughout the country May 29 to check retailer compliance with the Commission’s new analog labeling order, documents posted on the FCC site show. The spot inspections have produced 150-200 citations since May 30 against stores and chain owners accused of failing to post “consumer alerts” with analog-only products since the Commission’s order took effect May 25.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
As with the allegations that 6 major chains failed to carry the alerts on their e-commerce sites (CD June 8 p3), failure to correct the violations will result in stiff fines, the citations warned. The maximum fine for a violation or day of a continuing violation is $11,000, and total finds for a continuing violation can reach $97,500. The Commission’s Enforcement Bureau also cited 3 more retailers as having violated the order on their e-commerce sites. Like the others cited, Amazon, Fry’s Electronics and J&R Electronics must correct violations immediately and respond to the allegations within 10 days in writing or in person at the nearest FCC field office.
Citations issued to 40 individual stores and 13 chains were posted at the Enforcement Bureau’s site at our deadline Fri. These are the chains and the number of stores cited: Best Buy (4 stores), Circuit City (5), CompUSA (1), Conn’s (1), Fry’s (2), Kmart (4), Nebraska Furniture Mart (1), RadioShack (6), Sam’s Club (1), Sears (4), Sears Essentials (1), Target (4) and Wal-Mart (6). They were visited by agents from these FCC offices: Atlanta, Chicago, Dallas, Denver, Houston, Kansas City, Miami, N.Y., Norfolk, Portland, Ore., Philadelphia, San Diego, San Francisco, San Juan, Seattle, Tampa.
Most of the citations were for failure to display the alerts on a smattering of products that required them. But a Kmart store in Willow Grove, Pa., was accused of 21 violations. A Sears Essentials store in San Diego failed to display the alerts on 13 products requiring them, the citations said.
Most industry watchers we polled were struck by the speed and breadth of the FCC crackdown. The Commission began sending teams of agents into the field May 29, only 4 days after the order took effect. Others were less, pointing out that the Commission sought emergency OMB approval of the order so it could begin monitoring compliance as soon as possible.