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$20K Junk Fax Consent Decree with Laser Technologies

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Released: March 21, 2014

Federal Communications Commission

DA 14-333

Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
File No.: EB-TCD-12-000002231
)
Laser Technologies
)
NAL/Acct. No.: 201132170028
dba Laser Tech,
)
and Joseph Mistretta
)
FRN: 0011158425

ORDER

Adopted: March 13, 2014

Released: March 21, 2014
By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Laser
Technologies dba Laser Tech (Laser Technologies), and Joseph Mistretta. The Consent Decree resolves
and terminates the Bureau’s investigation regarding Laser Technologies’ compliance with Section
227(b)(1)(C) of the Communications Act of 1934, as amended2 (Act), and Section 64.1200(a)(4)3 of the
Commission’s rules pertaining to delivery of unsolicited advertisements to the telephone facsimile
machines of consumers.
2.
The Bureau and Laser Technologies have negotiated the Consent Decree that resolves
this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest will be served by adopting the Consent Decree and terminating the
investigation.
4.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i) and 503(b) of the Act,4
and Sections 0.111 and 0.311 of the Commission’s rules,5 the Consent Decree attached to this Order

IS
ADOPTED

.
5.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED.


1 This case was formerly assigned the file number EB-06-TC-2630. In January 2012, it was reassigned the above-
captioned number. Any future correspondence with the Commission concerning this matter should reference the
new case number.
2 47 U.S.C. § 227(b)(1)(C).
3 47 C.F.R. § 64.1200(a)(4).
4 47 U.S.C. §§ 154(i), 503(b).
5 47 C.F.R. §§ 0.111, 0.311.

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DA 14-333

6.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail to Laser Technologies dba Laser Tech, Attention: Joseph
Mistretta, 11693 San Vicente Boulevard, Suite 388, Los Angeles, CA 90049, and to Edward Maldonado,
Maldonado Law Group, 800 Douglas Road, Suite 149, Coral Gables FL 33134.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 14-333

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-TCD-12-000002231
)
Laser Technologies
)
NAL/Acct. No.: 201132170028
dba Laser Tech,
)
and Joseph Mistretta
)
FRN: 0011158425

CONSENT DECREE

I.

INTRODUCTION

1.
The Enforcement Bureau of the Federal Communications Commission, Laser
Technologies dba Laser Tech, and Joseph Mistretta hereby enter into this Consent Decree for the purpose
of terminating the Enforcement Bureau’s investigation into whether Laser Technologies dba Laser Tech
and Joseph Mistretta violated Section 227(b)(1)(C) of the Communications Act of 1934, as amended,2 and
Section 64.1200(a)(4) of the Commission’s rules3 with respect to delivery of unsolicited advertisements to
the telephone facsimile machines of consumers.

II.

DEFINITIONS

2.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Advertisement” shall have the meaning set forth in 47 C.F.R. § 64.1200(f)(1).
(d) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(e) “Commission” and “FCC” mean the Federal Communications Commission and all of
its bureaus and offices.
(f) “Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which Laser
Technologies and Joseph Mistretta are subject by virtue of their business activities,
including but not limited to the Unsolicited Facsimile Rules.

1 This case was formerly assigned the file number EB-06-TC-2630. In January 2012, it was reassigned the above-
captioned number. Any future correspondence with the Commission concerning this matter should reference the
new case number.
2 47 U.S.C. § 227(b)(1)(C).
3 47 C.F.R. § 64.1120(a)(4).

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DA 14-333

(g) “Complaint” means any complaint that Joseph Mistretta, or any business he controls,
receives directly or from a third party, a federal or state regulatory agency (including
the FCC) or any other Person, relating to his or its facsimile marketing activities.
(h) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 10.
(i) “Contractor” means any Person whom Joseph Mistretta, or any business he controls,
engages, whether as an independent contractor, vendor, service provider, or
otherwise, that uses any telephone facsimile machine, computer, or other device, to
transmit or send any Advertisement to a telephone facsimile machine to the benefit of
or on behalf of Joseph Mistretta or any business he controls.
(j) “Covered Employees” means all employees, Contractors, and agents of Joseph
Mistretta, or of any business he controls, who perform duties, or who supervise,
oversee, or manage the performance of duties that relate to Joseph Mistretta’s
responsibilities or any business he controls under this Consent Decree and the
Unsolicited Facsimile Rules.
(k) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(l) “Established Business Relationship” and “EBR” shall have the meaning set forth in
47 C.F.R. § 64.1200(f)(6).
(m) “Investigation” means the investigation commenced by the Bureau regarding
whether Laser Technologies or Joseph Mistretta violated 47 U.S.C. § 227 and 47
C.F.R. § 64.1200(a)(4).
(n) “Laser Technologies” means the sole proprietorship of Joseph Mistretta known as
Laser Technologies or Laser Tech, and its predecessors-in-interest and successors-in-
interest.
(o) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Joseph Mistretta, or any business he controls, to
implement the Compliance Plan.
(p) “Parties” means Laser Technologies, Joseph Mistretta, and the Bureau, each of which
is a “Party.”
(q) “Person” shall have the meaning set forth in 47 U.S.C. § 153(39).
(r) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal
Regulations.
(s) “United States” shall have the meaning set forth in 47 U.S.C. § 153(58).
(t) “Unsolicited Advertisement” shall have the meaning set forth in 47 U.S.C. §
227(a)(5).
(u) “Unsolicited Facsimile Rules” means Section 227 of the Act, 47 U.S.C. § 227,
Section 64.1200 of the Rules, 47 C.F.R. § 64.1200, and other Communications Laws
governing Unsolicited Advertisements.
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III.

BACKGROUND

3.
Congress enacted the Telephone Consumer Protection Act of 1991 to address problems
of abusive telemarketing, including junk faxes.4 Unsolicited faxes often impose unwanted burdens on the
recipient, including costs of paper and ink, and make fax machines unavailable for legitimate business
messages. Section 227(b)(1)(C) of the Act thus makes it “unlawful for any person within the United
States, or any person outside the United States if the recipient is within the United States . . . to use any
telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an
unsolicited advertisement.”5
4.
On December 28, 2006, in response to a consumer complaint alleging that Laser
Technologies had faxed Unsolicited Advertisements, the Bureau issued a citation to Laser Technologies
for using a telephone facsimile machine, computer, or other device to send Unsolicited Advertisements to
telephone facsimile machines.6 On July 18, 2011, based on additional complaints, the Commission
released a Notice of Apparent Liability for forfeiture (NAL) against Laser Technologies, finding that it
apparently willfully and repeatedly violated Section 227 of the Act and Section 64.1200(a)(4) of the
Rules, and proposing a forfeiture of $252,000.7 On August 16, 2011, Laser Technologies filed a response
requesting a cancellation or reduction of the Commission’s proposed forfeiture, claiming it was unable to
pay the proposed forfeiture, and that the alleged violations were committed by a fax broadcaster, Absolute
Fax.8 On September 11, 2011, Laser Technologies filed another response with additional information to
support its claimed inability to pay the proposed forfeiture.9 This information included the tax returns of
Joseph Mistretta and identified him as the proprietor of Laser Technologies. Subsequently, counsel for
Joseph Mistretta and Laser Technologies submitted supplemental financial information that included
reliable and objective documentation reflecting Joseph Mistretta’s income and Laser Technologies’
current financial status.10

4 Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991) (codified at 47 U.S.C. §
227). See also Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359 (2005).
5 47 U.S.C. § 227(b)(1)(C). The prohibition is subject to certain exceptions, such as if (1) the sender has an
Established Business Relationship or EBR with the recipient and (2) the sender obtained the facsimile number to
which it directed an advertisement from the recipient through voluntary communication in the context of an EBR, or
from a directory, advertisement, or website through which the recipient voluntarily agreed to make its facsimile
number available for public distribution. In addition, the Unsolicited Advertisement must notify the recipient how
to opt out of receiving future facsimile Advertisements, subject to certain requirements. The Commission has
adopted implementing rules. 47 C.F.R. § 64.1200(a)(4).
6 Citation from Kurt Schroeder, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, to
Laser Technologies (Dec. 28, 2006) (on file in EB-TCD-12-00000223); see also 47 U.S.C. § 503(b)(5).
7 Laser Technologies dba Laser Tech, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 10792 (2011).
8 See Letter from Edward A. Maldonado, Esq., counsel for Laser Technologies, to Richard A. Hindman, Chief,
Telecommunications Consumers Division, Federal Communications Commission (Aug. 16, 2011) (on file in EB-
TCD-12-00000223).
9 See E-mail from Edward A. Maldonado, Esq., counsel for Laser Technologies, to Rosemary Cabral, Staff
Attorney, Telecommunications Consumers Division, Enforcement Bureau (Sept. 11, 2011, 7:13 p.m. EDT) (on file
in EB-TCD-12-00000223).
10 E-mails from Edward A. Maldonado, Esq., counsel for Laser Technologies, to Rosemary Cabral, Staff Attorney,
Telecommunications Consumers Division, Enforcement Bureau, dated Oct. 3, 2011, Oct. 11, 2011, Oct. 27, 2011,
Oct. 31, 2011, and Jan. 6, 2012 (on file in EB-TCD-12-00000223).
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IV.

TERMS OF AGREEMENT

5.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
6.

Jurisdiction

. Joseph Mistretta and Laser Technologies agree that the Bureau has
jurisdiction over him and Laser Technologies and the matters contained in this Consent Decree and that
the Bureau has the authority to enter into and adopt this Consent Decree.
7.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
8.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for terminating the Investigation, Joseph Mistretta and Laser
Technologies agree to the terms, conditions, and procedures contained herein. The Bureau further agrees
that in the absence of new material evidence, the Bureau will not use the facts developed in this
Investigation through the Effective Date, or the existence of this Consent Decree, to institute on its own
motion any new proceeding, formal or informal, or take any action on its own motion against Joseph
Mistretta and Laser Technologies concerning the matters that were the subject of the Investigation.
9.

Compliance Officer

. Joseph Mistretta represents that Laser Technologies is his own
sole proprietorship and that he exercises control over its daily operations and is personally responsible for
compliance with the Communications Laws and this Consent Decree, including the discharge of the
duties set forth below. Joseph Mistretta shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that he, and any business that he controls, complies with
the terms and conditions of the Compliance Plan and this Consent Decree. In addition to the general
knowledge of the Communications Laws necessary to discharge his duties under this Consent Decree,
Joseph Mistretta shall have, or acquire, specific knowledge of the Unsolicited Facsimile Rules.
10.

Compliance Plan

. For purposes of settling the matters set forth herein, Joseph Mistretta
represents that, prior to the Effective Date, he, and any business he controls, have ceased sending, or
causing to be sent, all Advertisements by facsimile to Persons located in the United States, and have
advised all Covered Employees of the provisions of this Consent Decree. Further, Joseph Mistretta
agrees that, after the Effective Date, neither he nor any business he controls, shall send, or cause to be
sent, any Advertisements by facsimile in the United States except under the following conditions:
(a)

Implementation

. Not less than ninety (90) calendar days before Joseph Mistretta, or
any business he controls, sends, or causes to be sent, any Advertisement by facsimile
(including Unsolicited Advertisements), Joseph Mistretta shall (i) develop and
implement a Compliance Plan designed to ensure future compliance with the
Communications Laws and with the terms and conditions of this Consent Decree,
and (ii) notify the Commission that such Compliance Plan has been implemented.
The notification shall be sent to Rosemary.Cabral@fcc.gov and to
Phillip.Priesman@fcc.gov. The Compliance Plan shall include, without limitation,
the components set forth in subparagraphs 10(b)-(i).
(b)

Operating Procedures on Unsolicited Advertisements

. Joseph Mistretta shall
establish Operating Procedures that he and all other Covered Employees shall follow
to ensure compliance with the Unsolicited Facsimile Rules and the Communications
Laws. These Operating Procedures shall include, without limitation:
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(i) A “Compliance Checklist” that describes the steps that Joseph Mistretta and
all other Covered Employees must follow to ensure compliance with this
Consent Decree, the Unsolicited Facsimile Rules, and the appropriate
reporting of noncompliance pursuant to paragraph 12;
(ii) Procedures for keeping, managing, and updating the “EBR List,” “No-Fax
List,” and any “Fax Lists,” as those terms are used below;
(iii) Procedures for promptly investigating and resolving Complaints; and
(iv) A requirement that the Joseph Mistretta monitor all facsimile marketing
activities of any business he controls for compliance and reporting
noncompliance purposes.
(c)

EBR List

. Joseph Mistretta shall create an “EBR List” that includes (i) the name of
each Person with whom he, or any business he controls, has an EBR and whose
facsimile number he, or any business he controls, has obtained consistent with the
Unsolicited Facsimile Rules; and (ii) the facsimile number for each such Person.
Joseph Mistretta shall update and maintain the EBR List periodically and otherwise
as needed to ensure that at all times it is accurate, current, and consistent with the
Unsolicited Facsimile Rules.
(d)

No-Fax List

. Joseph Mistretta shall create a “No-Fax List” containing (i) the name
of each Person who has requested that he, or any business he controls, not send any
additional Advertisements; and (ii) the facsimile number for each such Person.
Joseph Mistretta shall update and maintain the No-Fax List periodically and
otherwise as needed to ensure that at all times it is accurate, current, and consistent
with the Unsolicited Facsimile Rules. Neither Joseph Mistretta nor any business he
controls, shall send, or cause to be sent, any Advertisement to the facsimile number
of any Person on the No-Fax List.
(e)

Fax List

. Joseph Mistretta shall create a “Fax List.” The Fax List shall contain the
names of (i) Persons who have given Joseph Mistretta, or any business he controls,
prior express invitation or permission to send them Advertisements; (ii) Persons on
the EBR List; and (iii) the facsimile number for each such Person. Joseph Mistretta
shall ensure that no Person on the No-Fax List appears on the Fax List. Furthermore,
neither Joseph Mistretta nor any business he controls, shall send, or cause to be sent,
any Advertisement to the facsimile machine of any Person or to any facsimile
number that is not identified on the Fax List.
(f)

Compliance Manual

. Joseph Mistretta shall develop and distribute a Compliance
Manual to all Covered Employees. The Compliance Manual shall explain the
Unsolicited Facsimile Rules and set forth the Operating Procedures that all Covered
Employees must follow to help ensure compliance with this Consent Decree and with
the Unsolicited Facsimile Rules. The Compliance Manual shall memorialize,
without limitation, the Operating Procedures listed in subparagraph (b) above.
Joseph Mistretta shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains current and
complete. Joseph Mistretta shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
(g)

Contractor Agreements

. Joseph Mistretta, and any business he controls, shall
include in every contract with every Contractor entered into after the Effective Date a
binding obligation on the part of such Covered Employee to:
(i) Comply with the Unsolicited Facsimile Rules;
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(ii) Comply with the Operating Procedures and all supplemental instructions
from Joseph Mistretta and any business he controls;
(iii)Transmit to Joseph Mistretta, on a daily basis, reports that identify and
provide data for each Complaint or “Do-Not-Fax” request relating to
unsolicited facsimiles; and
(iv)Permit Joseph Mistretta, and any business he controls, to take appropriate
action, including immediately terminating the agreement, if the Contractor
fails to follow the Operating Procedures or to comply with its legal
obligations under this Consent Decree or with the Unsolicited Facsimile
Rules.
(h)

Disciplinary Action

. Joseph Mistretta shall take appropriate disciplinary action if he
discovers that any Covered Employee has failed to follow the Operating Procedures
or to comply with the legal obligations of Joseph Mistretta, or any business he
controls, under this Consent Decree or with the Unsolicited Facsimile Rules.
(i)

Compliance with Bureau Requests

. Joseph Mistretta shall maintain and make
available to the Bureau, within fourteen (14) days of receipt of any specific request
from the Bureau, business records documenting compliance with the terms and
provisions of this Consent Decree.
11.

Compliance Reports

. Joseph Mistretta shall submit Compliance Reports to the Bureau
for three (3) years after the Effective Date. Such reports shall be due every three (3) months for the first
two years after the Effective Date, and every six (6) months during the third year after the Effective Date.
Such reports shall be due on the first day of each reporting period.
(a) Each Compliance Report shall include a certification by Joseph Mistretta stating
whether, he, or any business he controls, has sent, or caused to be sent,
Advertisements by facsimile during the reporting period. If Joseph Mistretta, or any
business he controls, has sent, or caused to be sent, any Advertisement by facsimile
during the reporting period, the certification shall also state that Joseph Mistretta, in
his personal capacity and on behalf of any business he controls, has (i) implemented
the Compliance Plan and so notified the Commission as required by paragraph 10;
(ii) has utilized the Operating Procedures since implementing the Compliance Plan;
and (iii) is not aware of any instances of noncompliance with the terms and
conditions of this Consent Decree, including the reporting obligations set forth in
paragraph 12 hereof.
(b) Each Compliance Report shall also include the number of telephone line accounts
billed to Joseph Mistretta and any business he controls, including the contact
numbers, billing contact, and billing addresses for each telephone line identified as
belonging to Mr. Mistretta or any business he controls.
(c) Joseph Mistretta’s certification shall be accompanied by a statement explaining the
basis for such certification and must be in the form set forth in Section 1.16 of the
Rules11 and be subscribed to as true under penalty of perjury substantially in the form
set forth therein.
(d) If Joseph Mistretta cannot provide the requisite certification, he shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully (i)
each instance of noncompliance; (ii) the steps that he has taken or will take to remedy
such noncompliance, including the schedule on which proposed remedial actions will

11 47 C.F.R. § 1.16.
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be taken; and (iii) the steps that he has taken or will take to prevent the recurrence of
any such noncompliance, including the schedule on which such preventive action
will be taken.
(e) All Compliance Reports shall be submitted to the Chief, Telecommunications
Consumers Division, Enforcement Bureau, Federal Communications Commission,
445 12th Street, S.W., Washington, D.C. 20554. Joseph Mistretta shall also send an
electronic copy of his Compliance Report and certification to
Rosemary.Cabral@fcc.gov, and to Phillip.Priesman@fcc.gov.
12.

Reporting Noncompliance

. Joseph Mistretta, and any business he controls, shall
disclose any failure to comply with the Unsolicited Facsimile Rules and the terms and conditions of this
Consent Decree within fifteen (15) days after discovery of such failure to comply. Such reports shall
include a detailed explanation of (i) each instance of noncompliance; (ii) the steps that Joseph Mistretta,
and any business he controls, have taken or will take to remedy such noncompliance; (iii) the schedule on
which such proposed remedial actions will be taken; and (iv) the steps that Joseph Mistretta, and any
business he controls, have taken or will take to prevent the recurrence of any such noncompliance. All
reports of noncompliance shall be submitted to the Chief, Telecommunications Consumers Division,
Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Rm. 4C-224,
Washington, D.C. 20554, with copies submitted electronically to Rosemary.Cabral@fcc.gov, and to
Phillip.Priesman@fcc.gov.
13.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 10
through 12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
14.

Voluntary Contribution

. Joseph Mistretta agrees to make a voluntary contribution to
the United States Treasury in the amount of twenty thousand dollars ($20,000) (Voluntary Contribution),
and such Voluntary Contribution shall be made in installments (each an Installment Payment). The first
Installment Payment in the amount of seven thousand dollars ($7,000) shall be made within thirty (30)
days after the Effective Date. Thereafter, subsequent Installment Payments of four thousand three
hundred and thirty-three dollars and thirty-three cents ($4,333.33) each will be due no later than the first
day of the month on the sixth (6th) month, twelfth (12th) month, and eighteenth (18th) month after the
Effective Date. If such date is a non-business day, payment must be received by the prior business day.
Joseph Mistretta acknowledges and agrees that upon executing this Consent Decree, the Voluntary
Contribution and each Installment Payment shall become a “Claim” or “Debt” as defined in 31 U.S.C. §
3701(b)(1).12 Upon an Event of Default by Nonpayment, as described below in paragraph 15, all
procedures for collection permitted by law may, at the Commission’s discretion, be initiated. In addition,
Joseph Mistretta agrees that he will make the first and subsequent installment payments in United States
dollars without further demand or notice, and the same must be received as set forth below by the dates
specified above. Joseph Mistretta shall also send electronic notification of payment to Johnny Drake at
Johnny.Drake@fcc.gov and Rosemary Cabral at Rosemary.Cabral@fcc.gov, with a copy to
Phillip.Priesman@fcc.gov, on the date said payment is made. The payment must be made by check or
similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice)
must be submitted.13 When completing the FCC Form 159, enter the Account Number in block number
23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below
are additional instructions Joseph Mistretta should follow based on the form of payment he selects:

Payment by check or money order must be made payable to the order of the Federal

12 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
13 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
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Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.

Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.

Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If Joseph Mistretta has questions regarding payment procedures, he should contact the Financial
Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15.

Event of Default by Nonpayment

. Joseph Mistretta agrees that an Event of Default by
Nonpayment shall occur upon the failure by Joseph Mistretta to pay the full amount of the Voluntary
Contribution or any Installment Payment on or before the due date specified in this Consent Decree.
Joseph Mistretta further agrees to toll and/or revive any applicable statutes of limitations for any and all
possible violations that form the basis of the Investigation such that, upon an Event of Default by
Nonpayment, the statutes of limitations shall expire six (6) months after the date of default by
nonpayment. Further, upon an Event of Default for Nonpayment, the provisions of paragraph 8 shall be
null and void.
16.

Interest and Charges for Collection

. Upon an Event of Default by Nonpayment under
this Consent Decree, the then unpaid amount of the Voluntary Contribution shall accrue interest,
computed using the U.S. Prime Rate in effect on the date of the Event of Default by Nonpayment plus
4.75%, from the date of the Event of Default by Nonpayment until payment in full. Upon an Event of
Default by Nonpayment, the then unpaid amount of the Voluntary Contribution together with any accrued
but unpaid interest is accelerated and shall become immediately due and payable, plus interest, as
aforesaid, and any additional penalties permitted and/or required by the law, including but not limited to
31 U.S.C. § 3717, and administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees
are due, without notice, presentment, demand, protest, or notice of protest of any kind, all of which are
waived by Joseph Mistretta.
17.

Representations

. Joseph Mistretta represents that neither he nor any business he
controls is engaged in any activity that is subject to oversight by the Commission, including activities
involving faxing Advertisements. Joseph Mistretta acknowledges that sending Advertisements by
facsimile is unlawful, unless the sender has an EBR with the recipient and obtained the facsimile number
to which an Advertisement is sent from the recipient through voluntary communication in the context of
an EBR, or from a directory, advertisement, or website through which the recipient voluntarily agreed to
make its facsimile number available for public distribution; and, the facsimile Advertisement notifies the
recipient in accordance with the Unsolicited Facsimile Rules of how to opt out of receiving future such
Advertisements. Joseph Mistretta hereby waives any right he, or any business he controls, has to send
Advertisements by facsimile unless he, and any business he controls, first satisfy the requirements of the
Unsolicited Facsimile Rules and this Consent Decree, including the adoption of the Compliance Plan.
18.

Waivers

. Joseph Mistretta waives any and all rights he, or any business he controls, may
have to seek administrative or judicial reconsideration, review, appeal, or stay, or to otherwise challenge
or contest the validity of this Consent Decree and the Adopting Order, provided the Bureau issues an
Adopting Order as defined herein. If either Party (or the United States on behalf of the Commission)
8

Federal Communications Commission

DA 14-333

brings a judicial action to enforce the terms of the Adopting Order or Consent Decree, neither Joseph
Mistretta, nor any business he controls, nor the Commission shall contest the validity of the Consent
Decree or the Adopting Order, and Joseph Mistretta and any business he controls, shall waive any
statutory right to a trial de novo. Joseph Mistretta, and any business he controls, hereby waive any claims
they may otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et
seq
., relating to the matters addressed in this Consent Decree.
19.

Severability

. The Parties agree that if a court of competent jurisdiction renders any of
the provisions of the Adopting Order or the Consent Decree invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire Adopting Order or Consent
Decree, but rather the entire Adopting Order or Consent Decree shall be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the Parties
shall be construed and enforced accordingly.
20.

Invalidity

. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
21.

Subsequent Rule or Order

. The Parties agree that if any provision of this Consent
Decree conflicts with any subsequent Rule or order adopted by the Commission (except an order
specifically intended to revise the terms of this Consent Decree to which Joseph Mistretta does not
expressly consent), that provision shall be superseded by such Commission Rule or order.
22.

Successors and Assigns

. Joseph Mistretta agrees that the provisions of this Consent
Decree shall be binding on him and any business he controls, and its successors, assigns, and transferees.
23.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding
any compliance or noncompliance with the Communications Laws.
24.

Modifications

. This Consent Decree cannot be modified or amended without the
advance written consent of both Parties.
25.

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
26.

Authorized Representative

. Joseph Mistretta represents and agrees that he is signing
this Consent Decree in his personal capacity and on behalf of Laser Technologies and represents and
warrants that he is authorized by Laser Technologies to execute this Consent Decree and to bind Laser
Technologies to the obligations this Consent Decree imposes in it. The FCC signatory represents that she
is signing this Consent Decree in her official capacity and that she is authorized to execute this Consent
Decree.
9

Federal Communications Commission

DA 14-333

27.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
__________________________________________
P. Michele Ellison
Chief
Enforcement Bureau
__________________________________________
Date
__________________________________________
Joseph Mistretta
Owner
Laser Technologies
__________________________________________
Date
10

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