ASUSTeK to Pay $240K to Resolve Equipment Marketing Investigations
Federal Communications Commission
DA 14-1044
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
File Nos.: EB-SED-14-00013341
1
)
EB-SED-13-000087852
ASUSTeK Computer Inc.
)
)
NAL/Acct. No.: 201432100024
)
)
FRN: 0005821988
ORDER
Adopted: August 26, 2014
Released: August 26, 2014
By the Acting Chief, Enforcement Bureau:
1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has resolved its investigations into whether ASUSTeK Computer Inc. (ASUSTeK)
complied with certain rules governing the marketing of certain intentional radiators, such as the Eee Pad
Slider SL101, a portable computer tablet, and certain wireless routers and related wireless products, such
as Wi-Fi bridge/range extenders and wireless adapters. These important equipment marketing and
authorization rules ensure that devices that emit radio frequency radiation comply with the Commission’s
technical requirements and do not interfere with authorized communications. ASUSTeK admits that its
marketing of these intentional radiators violated the Commission’s rules. To resolve the investigations,
ASUSTeK will pay a civil fine of $240,000 and implement a compliance plan that will extend for more
than three years to ensure future compliance with the Commission’s equipment marketing rules.
2.
In this Order, we adopt the attached Consent Decree entered into between the Bureau and
ASUSTeK. The Consent Decree resolves and terminates the Bureau’s investigations into ASUSTeK’s
compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),3 and Sections
2.803, 2.1043, 2.1093, 15.247, and 15.407 of the Commission’s rules (Rules)4 pertaining to the marketing
of the Eee Pad Slider SL101 and certain wireless routers and related wireless products.
3.
The Bureau and ASUSTeK have negotiated the Consent Decree that resolves these
matters. A copy of the Consent Decree is attached hereto and incorporated herein by reference.
4.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and terminating the
investigations.
5.
In the absence of material new evidence relating to these matters, we conclude that our
investigations raise no substantial or material questions of fact as to whether ASUSTeK possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
1 The investigation initiated under File No. EB-SED-13-00009942 was subsequently assigned File No. EB-SED-14-
00013341. Any future correspondence with the FCC concerning this matter should reflect the new case number.
2 The investigation initiated under File No. EB-SED-13-00008148 was subsequently assigned File No. EB-SED-13-
00008785. Any future correspondence with the FCC concerning this matter should reflect the new case number.
3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 2.1043, 2.1093, 15.247, 15.407.
Federal Communications Commission
DA 14-1044
6.
Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Act,5 and Sections 0.111 and 0.311 of the Rules,6 the Consent Decree attached to this Order IS
ADOPTED.
7.
IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
8.
IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to Jonney Shih, Chairman, ASUSTeK
Computer Inc., No. 15, Li-Te Road, Peitou, Taipei 112, Taiwan, Jonathan Tsang, Vice Chairman,
ASUSTeK Computer Inc., No. 15, Li-Te Road, Peitou, Taipei 112, Taiwan; and to Donna A. Balaguer,
Esq., Fish & Richardson P.C., Counsel for ASUSTeK Computer Inc., 1425 K Street, N.W., 11th Floor,
Washington, DC 20005.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Acting Chief, Enforcement Bureau
5 47 U.S.C. §§ 154(i), 154(j), 503(b).
6 47 C.F.R. §§ 0.111, 0.311.
2
Federal Communications Commission
DA 14-1044
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
File Nos.: EB-SED-14-00013341
1
)
EB-SED-13-000087852
ASUSTeK Computer Inc.
)
)
NAL/Acct. No.: 201432100024
)
)
FRN: 0005821988
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and ASUSTeK Computer
Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau’s investigations into possible violations of Section 302(b) of the
Communications Act of 1934, as amended,3 and Sections 2.803, 2.1043, 2.1093, 15.247, and 15.407 of
the Commission’s rules4 pertaining to the marketing of a computer tablet, the Eee Pad Slider SL101, and
certain wireless routers and related wireless products, such as Wi-Fi bridge/range extenders and wireless
adapters.
I.
DEFINITIONS
1.
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)
“ASUSTeK” means ASUSTeK Computer Inc. and its predecessors-in-interest and
successors-in-interest.
(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 ASUSTeK is
subject by virtue of its business activities, including but not limited to, the
Equipment Marketing Rules.
(g)
“Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 12.
1 The investigation initiated under File No. EB-SED-13-00009942 was subsequently assigned File No. EB-SED-14-
00013341. Any future correspondence with the FCC concerning this matter should reflect the new case number.
2 The investigation initiated under File No. EB-SED-13-00008148 was subsequently assigned File No. EB-SED-13-
00008785. Any future correspondence with the FCC concerning this matter should reflect the new case number.
3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 2.1043, 2.1093, 15.247, 15.407.
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DA 14-1044
(h)
“Covered Employees” means all employees and agents of ASUSTeK who perform,
or supervise, oversee, or manage the performance of, duties that relate to
ASUSTeK’s responsibilities under the Equipment Marketing Rules, but excludes
those employees or agents of ASUSTeK who perform factory labor associated with
the manufacture and assembly of radio frequency devices, those solely involved in
the sales and marketing of radio frequency devices for distribution outside the
United States and its territories, and those agents of ASUSTeK who perform
independent testing and certification of ASUSTeK’s radio frequency devices.
(i)
“Effective Date” means the date on which the Bureau releases the Adopting Order.
(j)
“Equipment Marketing Rules” means Section 302(b) of the Act;5 Sections 2.803,
2.1043, 2.1093, 15.247, and 15.407 of the Rules;6 and other Communications Laws
governing the marketing of radio frequency devices within the United States and its
territories.
(k)
“Investigations” means the investigations commenced by the Bureau upon receipt of
(i) a referral from the Commission’s Office of Engineering and Technology
regarding ASUSTeK’s marketing of the Eee Pad Slider SL101; and (ii) a complaint
alleging that ASUSTeK was marketing certain wireless routers that did not comply
with the Equipment Marketing Rules.
(l)
“Operating Procedures” means the standard, internal operating procedures and
compliance policies established by ASUSTeK to implement the Compliance Plan.
(m)
“Parties” means ASUSTeK and the Bureau, each of which is a “Party.”
(n)
“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
II.
BACKGROUND
2.
Pursuant to Section 302(b) of the Act7 and Section 2.803 of the Rules,8 radio frequency
devices may not be marketed in the United States unless the devices have been properly authorized and
comply with the applicable technical standards. Section 2.803(a) of the Rules defines “marketing” as the
“sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation,
shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.”9 Certain
portable devices,10 such as the Eee Pad Slider SL101 (SL 101) marketed by ASUSTeK, must be tested for
compliance with the localized specific absorption rate (SAR) limit set forth in Section 2.1093 of the
Rules.11 Wireless routers, such as those also marketed by ASUSTeK, may support multiple WiFi
5 47 U.S.C. § 302a(b).
6 47 C.F.R. §§ 2.803, 2.1043, 2.1093, 15.247, 15.407.
7 47 U.S.C. § 302a(b).
8 47 C.F.R. § 2.803.
9 Id. § 2.803(a).
10 Section 2.1093(b) of the Rules defines a portable device as “a transmitting device designed to be used so that the
radiating structure(s) of the device is/are within 20 centimeters of the body of the user.” Id. § 2.1093(b).
11 See id. § 2.1093.
SAR is a measure of the rate of energy absorption due to exposure to a radio frequency
transmitting source. See id. § 2.1093(d).
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DA 14-1044
protocols that require testing under multiple frequency bands governed by Sections 15.247 and/or 15.407
of the Rules.12
3.
Intentional radiators,13 such as the devices at issue here, must be authorized pursuant to
the Commission’s certification procedures.14 Section 2.1043 of the Rules defines three classes of
permissive changes that may be made to certified equipment without requiring a new application for and
grant of certification.15 Pursuant to Section 2.1043(b)(2) of the Rules, a device that has undergone a Class
II permissive change may not be marketed prior to acknowledgement by the Commission that the change
is acceptable.16
4.
ASUSTeK is a large international provider of consumer electronics, such as wireless
routers, tablets, and laptop computers. In December 2012, Industry Canada notified the Commission’s
Office of Engineering and Technology (OET) that ASUSTeK was marketing in the United States a
handheld computer tablet (i.e., the SL 101) which may not comply with the applicable SAR limit set forth
in Section 2.1093 of the Rules.17 With the cooperation of ASUSTeK, OET tested a sample SL 101 and
determined that the device did not comply with Section 2.1093. OET subsequently referred this matter to
the Bureau for investigation. On April 23, 2013, the Bureau’s Spectrum Enforcement Division (Division)
directed ASUSTeK to respond to a series of questions relating to the company’s marketing of the SL
101.18 In its response, ASUSTeK stated that the SL 101 was tested by an independent, accredited
laboratory, which concluded that the device complied with Section 2.1093 of the Rules,19 and that those
test results were reviewed by the accredited Telecommunications Certification Body that issued the
equipment certification for the SL 101.20
5.
On July 18, 2013, the Division received a complaint that ASUSTeK was marketing two
wireless routers that exceeded the maximum permitted output power applicable to such devices. The
complainant enclosed test results from an independent testing laboratory concluding that the routers
exceeded the maximum permitted output power, exceeded the power output previously reported by
12 See id. §§ 15.247, 15.407.
13 An intentional radiator is a “device that intentionally generates and emits radio frequency energy by radiation or
induction.” Id. § 15.3(o).
14 See id. §§ 2.803(b)(1), 15.201(b); see also id. §§ 2.1031–2.1060.
15 Id. § 2.1043.
16 Id. § 2.1043(b)(2). A Class II permissive change “includes those modifications which degrade the performance
characteristics as reported to the Commission at the time of the initial certification.” Id.
17 See id. § 2.1093.
Industry Canada posted on its website a notice that the SL 101 did not comply with Industry
Canada’s radio frequency exposure limits. See ASUSTeK Computer Inc. Tablet PC - Model SL101, marketed as
“Eee Pad,” available at http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2012/15903r-eng.php (last
visited June 24, 2014). Industry Canada noted, however, that “[w]hile test results exceeded the exposure limits . . .
they were well below the threshold at which harmful health effects might occur.” Id.
18 See E-mail from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Donna
Balaguer, Counsel for ASUSTeK Computer, Inc. (Apr. 23, 2013, 14:59 EDT) (on file in EB-SED-13-00008785).
19 See E-mail from Donna Balaguer, Counsel for ASUSTeK Computer, Inc., to John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau (June 6, 2013, 15:45 EDT) (on file in EB-SED-13-00008785). As
a result of Industry Canada’s findings, ASUSTeK released an over-the-air firmware update in November 2012 that
lowered the Wi-Fi module transmitter power for devices located in North America to reduce the SAR value to
compliant levels. Id.
20 Id. ASUSTeK asserts that its testing laboratory and an independent expert in the field of SAR determined that the
conflicting test results were due to the degree to which the tester compressed the SL 101 against a pad that simulates
human tissue. Id.
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DA 14-1044
ASUSTeK to the Commission, and used a different antenna configuration than previously reported by
ASUSTeK to the Commission. In response to Division inquiries,21 ASUSTeK stated that upon its receipt
of the complaint, the company engaged its own independent testing laboratory to retest its wireless routers
and other related products, including Wi-Fi bridge/range extenders and wireless adapters.22 According to
ASUSTeK, that independent laboratory found that a number of ASUSTeK’s products had been modified
without authorization.23 ASUSTeK admitted that some of the modifications constituted Class II
permissive changes subject to the requirements of Section 2.1043(b)(2) of the Rules, and that certain
modified devices did not comply with the power limits set forth in Sections 15.247 and/or 15.407 of the
Rules.24 ASUSTeK states that, as a result of the laboratory’s testing, the company brought all of the
subject devices into compliance with FCC requirements, either by obtaining Class II permissive changes
or by releasing corrective firmware updates that restored the devices’ output power to approved levels.25
III.
TERMS OF AGREEMENT
6.
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.
7.
Jurisdiction. ASUSTeK agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
Consent Decree.
8.
Admissions of Liability. ASUSTeK admits, solely for the purpose of this Consent
Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of
paragraph 10 hereof, that (i) the circumstances described in paragraph 4 hereof constitute a violation of
Section 302(b) of the Act and Sections 2.803 and 2.1093 of the Rules;26 and (ii) the circumstances
described in paragraph 5 hereof constitute violations of Section 302(b) of the Act and Sections 2.803,
2.1043, 15.247, and 15.407 of the Rules.27
9.
Effective Date; Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the 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.
10.
Termination of Investigations. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
21 See E-mail from Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Donna Balaguer, Counsel for ASUSTeK Computer, Inc. (May 2, 2014, 16:12 EDT) (on file in File No. EB-SED-14-
00013341); see also E-Mail from Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division, FCC
Enforcement Bureau, to Donna Balaguer, Counsel for ASUSTeK Computer, Inc. (May 23, 2014, 13:54 EDT) (on
file in File No. EB-SED-14-00013341).
22 See E-mail from Donna Balaguer, Counsel for ASUSTeK Computer Inc., to John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau (May 15, 2014, 23:36 EDT), Attachment (on file in File No. EB-
SED-14-00013341).
23 Id.
24 Id.
25 Id.
26 47 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803, 2.1093.
27 47 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803, 2.1043, 15.247, 15.407.
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terminate the Investigations. In consideration for the termination of the Investigations, ASUSTeK agrees
to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the absence
of new material evidence it will not use the facts developed in the Investigations 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 ASUSTeK concerning the matters that were the
subject of the Investigations. The Bureau also agrees that in the absence of new material evidence it will
not use the facts developed in the Investigations through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal or informal, or take any action on
its own motion against ASUSTeK with respect to ASUSTeK’s basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
11.
Compliance Officer. Within thirty (30) calendar days after the Effective Date,
ASUSTeK shall designate a senior corporate manager with the requisite corporate and organizational
authority to serve as Compliance Officer and to discharge the duties set forth below. The person
designated as the Compliance Officer shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that ASUSTeK complies with the terms and conditions
of the Compliance Plan and this Consent Decree. In addition to general knowledge of the
Communications Laws necessary to discharge his/her duties under this Consent Decree, the Compliance
Officer shall have specific knowledge of the Equipment Marketing Rules prior to assuming his/her duties.
12.
Compliance Plan. For purposes of settling the matters set forth herein, ASUSTeK
agrees that it shall within one hundred and twenty (120) calendar days after the Effective Date, 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. With respect to the Equipment Marketing
Rules, ASUSTeK shall implement the following procedures:
(a)
Operating Procedures. Within one hundred and twenty (120) calendar days after
the Effective Date, ASUSTeK shall establish Operating Procedures that all Covered
Employees must follow to help ensure ASUSTeK’s compliance with the Equipment
Marketing Rules. ASUSTeK’s Operating Procedures shall include internal
procedures and policies specifically designed to ensure that prior to the initiation of
marketing (as such term is defined in Section 2.803 of the Rules28), all radio
frequency devices to be marketed by ASUSTeK comply with applicable technical
standards, have been properly authorized (via the certification, verification, or
declaration of conformity procedures, as applicable), and comply with the applicable
administrative requirements relating to equipment labeling and consumer
disclosure.29
(b) Compliance Manual. Within one hundred and twenty (120) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a Compliance
Manual to all Covered Employees. The Compliance Manual shall explain the
Equipment Marketing Rules, including the obligations to comply with the applicable
technical requirements and to secure an equipment authorization from the FCC prior
to marketing a radio frequency device, and set forth the Operating Procedures that
Covered Employees shall follow to help ensure ASUSTeK’s compliance with the
Equipment Marketing Rules. ASUSTeK shall periodically review and revise the
Compliance Manual as necessary to ensure that the information set forth therein
remains current and complete. ASUSTeK shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
28 See supra note 9 and accompanying text.
29 See 47 C.F.R. §§ 2.803, 15.19, 15.105.
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(c)
Compliance Training Program. ASUSTeK shall establish and implement a
Compliance Training Program on compliance with the Equipment Marketing Rules
and the Operating Procedures. As part of the Compliance Training Program,
Covered Employees shall be advised of ASUSTeK’s obligation to report any
noncompliance with the Equipment Marketing Rules under paragraph 13 of this
Consent Decree and shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within one hundred and twenty (120) calendar days
after the Effective Date, except that any person who becomes a Covered Employee at
any time after the initial Compliance Training Program shall be trained within thirty
(30) calendar days after the date such person becomes a Covered Employee.
ASUSTeK shall repeat the compliance training on an annual basis, and shall
periodically review and revise the Compliance Training Program as necessary to
ensure that it remains current and complete and to enhance its effectiveness.
13.
Reporting Noncompliance. ASUSTeK shall report any noncompliance with the
Equipment Marketing Rules and with the terms and conditions of this Consent Decree within fifteen (15)
calendar days after discovery of such noncompliance. Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that ASUSTeK has taken or will take to remedy such
noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that
ASUSTeK has taken or will take to prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted on paper to the Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission, Room 3-C366, 445 12th Street, S.W., Washington, DC
20554, with a copy submitted electronically to Kathy Harvey at Kathy.Harvey@fcc.gov and JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov.
14. Compliance Reports. ASUSTeK shall file Compliance Reports with the Commission one
hundred and twenty (120) calendar days after the Effective Date, twelve (12) months after the Effective
Date, twenty-four (24) months after the Effective Date, and thirty-eight (38) months after the Effective
Date.
(a)
Each Compliance Report shall include a detailed description of ASUSTeK’s
efforts during the relevant period to comply with the terms and conditions of this
Consent Decree and the Equipment Marketing Rules. In addition, each
Compliance Report shall include a certification by the Compliance Officer, as an
agent of and on behalf of ASUSTeK, stating that the Compliance Officer has
personal knowledge that ASUSTeK (i) has established and implemented the
Compliance Plan; (ii) has utilized the Operating Procedures since the
implementation of 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 13 hereof.
(b)
The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16 of
the Rules and be subscribed to as true under penalty of perjury in substantially
the form set forth therein.30
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of ASUSTeK, 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 ASUSTeK has taken or will
30 See id. § 1.16.
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take to remedy such noncompliance, including the schedule on which proposed
remedial actions will be taken; and (iii) the steps that ASUSTeK has taken or will
take to prevent the recurrence of any such noncompliance, including the schedule
on which such preventive action will be taken.
(d)
All Compliance Reports shall be submitted on paper to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, Room 3-C366, 445 12th Street, S.W., Washington, DC 20554, with
a copy submitted electronically to Kathy Harvey at Kathy.Harvey@fcc.gov and
JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
15.
Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 11
through 14 of this Consent Decree shall expire thirty-eight (38) months after the Effective Date.
16.
Civil Fine. ASUSTeK agrees that it will pay a civil fine to the United States Treasury in
the amount of two hundred forty thousand dollars ($240,000) within thirty (30) calendar days after the
Effective Date. ASUSTeK shall also send electronic notification of payment to JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov, and Samantha Peoples at
Sam.Peoples@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.31 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 ASUSTeK should follow based on the form of payment it selects:
Payment by check or money order must be made payable to the order of the Federal
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 ASUSTeK has questions regarding payment procedures, it should contact the Financial Operations
Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
17.
Waivers. ASUSTeK waives any and all rights it 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. ASUSTeK shall retain the right to challenge Commission interpretation of the Consent Decree or
any terms contained herein. If either Party (or the United States on behalf of the Commission) brings a
judicial action to enforce the terms of the Adopting Order, neither ASUSTeK nor the Commission shall
31 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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DA 14-1044
contest the validity of the Consent Decree or the Adopting Order, and ASUSTeK shall waive any
statutory right to a trial de novo. ASUSTeK hereby agrees to waive any claims it may have under the
Equal Access to Justice Act32 relating to the matters addressed in this Consent Decree.
18.
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.
19.
Subsequent Rule or Order. The Parties agree that if any provision of the 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 ASUSTeK does not expressly
consent) that provision will be superseded by such Rule or Commission order.
20.
Successors and Assigns. ASUSTeK agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
21.
Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigations.
22.
Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
23.
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.
24.
Authorized Representative. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent
Decree and to bind the Party to its terms and conditions.
32 Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also 47
C.F.R. §§ 1.1501–1.1530.
8
Federal Communications Commission
DA 14-1044
25.
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.
_____________________________
Travis LeBlanc
Acting Chief
Enforcement Bureau
_____________________________
Date
_____________________________
Jonathan Tsang
Vice Chairman
ASUSTeK Computer Inc.
_____________________________
Date
9
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