Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

EnerTrac Agrees to Device Removal & Replacement Program in Settlement

Download Options

Released: February 7, 2014
Federal Communications Commission

DA 14-102

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-SED-12-00001038
)

EnerTrac, Inc.
)
Acct. No.: 201432100007
)
)
FRN: 0022398549
)

ORDER

Adopted: February 7, 2014

Released: February 7, 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 EnerTrac,
Inc., (EnerTrac). The Consent Decree resolves and terminates the Bureau’s investigation into EnerTrac’s
compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),1 and Sections
2.803 and 15.231 of the Commission’s rules2 (Rules) pertaining to the marketing of a radio frequency
device.
2.
The Bureau and EnerTrac have negotiated the Consent Decree that resolves this matter.
A copy of the Consent Decree is attached hereto and incorporated herein by reference.
3.
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
investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether EnerTrac possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order

IS
ADOPTED

.

1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803, 15.231.
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 14-102

6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.
7.

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 George Dannecker, CEO, EnerTrac,
Inc., 94 River Road, Suite 101, Hudson, NH 03051, and to E. Ashton Johnston, Esq., Communications
Law Counsel, P.C., Counsel for EnerTrac, Inc., 1776 K Street NW, Suite 700, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 14-102

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-SED-12-00001038
)

EnerTrac, Inc.
)
Acct. No.: 201432100007
)

)
FRN: 0022398549

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and EnerTrac, Inc., by
their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau’s investigation into possible violations of Section 302(b) of the Communications
Act of 1934, as amended,1 and Sections 2.803(b) and 15.231 of the Commission’s rules2 pertaining to the
marketing of a radio frequency device.

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) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all
of its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which EnerTrac is
subject by virtue of its business activities, including but not limited to, the
Equipment Marketing Rules.
(f) “Compliance Plan” means the compliance obligations and compliance program
described in this Consent Decree at paragraph 11.

1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803(b), 15.231.

Federal Communications Commission

DA 14-102

(g) “Covered Employees” means all employees and agents of EnerTrac who perform, or
supervise, oversee, or manage the performance of, duties that relate to EnerTrac’s
responsibilities under the Equipment Marketing Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(i) “EnerTrac” means EnerTrac, Inc. and its predecessors-in-interest and its successors-
in-interest.
(j) “Equipment Marketing Rules” means Section 302(b) of the Act;3 Sections 2.803 and
15.231of the Rules;4 and other Communications Laws governing the marketing of
radio frequency devices within the United States and its territories.
(k) “Investigation” means the investigation commenced by the Bureau’s July 20, 2012
letter of inquiry regarding whether the marketing of a propane monitoring device by
EnerTrac complies with the Equipment Marketing Rules.5
(l) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by EnerTrac to implement the Compliance Plan.
(m) “Parties” means EnerTrac 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 Act6 and Section 2.803 of the Rules,7 radio frequency
devices may not be marketed in the United States unless they comply with the applicable technical
standards and administrative requirements of the Rules. 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.”8
EnerTrac designed, manufactured, and marketed a propane tank remote monitoring system that
incorporates an intentional radiator9 that transmits in the 433 MHz frequency band, the “433 MHz Big
Drops System.”

3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 15.231.
5 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Steve
Owens, Chief Executive Officer, EnerTrac, Inc. (July 20, 2012) (on file in EB-SED-12-00001038).
6 47 U.S.C. § 302a(b).
7 47 C.F.R. § 2.803.
8 Id. § 2.803(a) (formerly codified at 47 C.F.R. § 2.803(e)(4) (2012)); see 78 Fed. Reg. 21561 (Apr. 29, 2013).
9 An intentional radiator is a “device that intentionally generates and emits radio frequency energy by radiation or
induction.” 47 C.F.R. § 15.3(o).
2

Federal Communications Commission

DA 14-102

3.
Intentional radiators must be authorized in accordance with the Commission’s
certification procedures described in Sections 2.1031–2.1060 of the Rules prior to the initiation of
marketing in the United States.10 In addition, Section 15.231(e) of the Rules prescribes maximum field
strength emission limits for periodic operation of intentional radiators that transmit at certain frequencies,
including frequencies in the 433 MHz band.11
4.
On July 20, 2012, after receiving a complaint alleging that the 433 MHz Big Drops
System does not comply with the terms of its authorization, the Bureau’s Spectrum Enforcement Division
(Division) issued a letter of inquiry (LOI) to EnerTrac,12 directing EnerTrac to submit a sworn written
response to a series of questions relating to the 433 MHz Big Drops System’s compliance with Section
15.231(e) of the Rules. EnerTrac responded to the LOI on August 20, 2012.13 In its LOI response,
EnerTrac stated that the 433 MHz Big Drops System was tested for compliance with Section 15.231(e) of
the Rules, and that the device was certified under FCC ID X94-0003822.14 Tests performed by the FCC’s
Office of Engineering and Technology (OET) indicated that the 433 MHz Big Drops System device
exceeded the emission limits specified in Section 15.231(e) of the Rules.
5.
The Bureau issued a supplemental LOI to EnerTrac on July 1, 2013,15 to which EnerTrac
responded on July 31, 2013.16 In its Supplemental LOI Response, EnerTrac stated that the 433 MHz Big
Drops System devices marketed by EnerTrac had the same radiofrequency characteristics as the device
certified under FCC ID X94-0003822 and the device tested by OET.17 EnerTrac also reported that it
ceased marketing the 433 MHz Big Drops System on November 16, 2012, and that the company

10 Id. §§ 2.1031–2.1060.
11 Id. § 15.231(e).
12 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Steve
Owens, Chief Executive Officer, EnerTrac, Inc. (July 20, 2012) (on file in EB-SED-12-00001038).
13 See Letter from E. Ashton Johnston, Lampert, O’Connor & Johnston, P.C., Counsel for EnerTrac, Inc., to Marlene
H. Dortch, Secretary, Federal Communications Commission, and Neil McNeil, Assistant Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau (Aug. 20, 2012) (on file in EB-SED-12-00001038) (LOI
Response).
14 Id. at 1.
15 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Steve
Owens, Chief Executive Officer, EnerTrac, Inc. (July 1, 2013) (on file in EB-SED-12-00001038).
16 See Letter from E. Ashton Johnston, Communications Law Counsel, Counsel for EnerTrac, Inc., to Marlene H.
Dortch, Secretary, Federal Communications Commission, and Neil McNeil, Assistant Chief, Spectrum Enforcement
Division, FCC Enforcement Bureau (July 31, 2013) (on file in EB-SED-12-00001038) (Supplemental LOI
Response).
17 Id. at 2–3.
3

Federal Communications Commission

DA 14-102

subsequently commenced marketing a new Part 9018 device as a replacement for the 433 MHz Big Drops
System.19 The Bureau and EnerTrac entered into a Tolling Agreement to toll the statute of limitations.20

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

. EnerTrac 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.

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.
9.

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 the termination of the Investigation, EnerTrac agrees 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 the 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 EnerTrac concerning the
matters that were the subject of the Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the Investigation 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 EnerTrac with respect to EnerTrac’s basic qualifications,
including its character qualifications, to be a Commission licensee or to hold Commission licenses or
authorizations.
10.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, EnerTrac
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 EnerTrac 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

18 47 C.F.R. Part 90 (rules applicable to private land mobile radio services).
19 Supplemental LOI Response at 2.
20 Tolling Agreement, executed by and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and E. Ashton Johnston, Esq., Communications Law Counsel, P.C., Counsel for EnerTrac,
Inc. (Sept. 27, 2013) (on file in EB-SED-12-00001038).
4

Federal Communications Commission

DA 14-102

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.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, EnerTrac agrees
that it shall within sixty (60) 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, EnerTrac shall
implement the following procedures:
(a)

Operating Procedures on Equipment Marketing

. Within sixty (60) calendar
days after the Effective Date, EnerTrac shall establish Operating Procedures that
all Covered Employees must follow to help ensure EnerTrac’s compliance with
the Equipment Marketing Rules. EnerTrac’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 Rules21),
all radio frequency devices to be marketed by EnerTrac 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.
(b)

Compliance Manual

. Within sixty (60) 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 secure an equipment authorization
from the FCC prior to marketing a radio frequency device and to comply with the
applicable administrative requirements, and shall set forth the Operating
Procedures that Covered Employees shall follow to help ensure EnerTrac’s
compliance with the Equipment Marketing Rules. EnerTrac shall periodically
review and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. EnerTrac shall
distribute any revisions to the Compliance Manual promptly to all Covered
Employees.
(c)

Compliance Training Program

. EnerTrac 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 EnerTrac’s obligation to report
any noncompliance with the Equipment Marketing Rules under paragraph 12 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 sixty (60) calendar days after the Effective
Date, except that any person who becomes a Covered Employee at any time after
the Effective Date shall be trained within thirty (30) calendar days after the date
such person becomes a Covered Employee. EnerTrac shall repeat the
compliance training on an annual basis and shall periodically review and revise

21 See supra note 8 and accompanying text.
5

Federal Communications Commission

DA 14-102

the Compliance Training Program as necessary to ensure that it remains current
and complete and to enhance its effectiveness.
(d)

Withdrawal of 433 MHz Big Drops System Devices

. EnerTrac shall continue
its ongoing effort to withdraw its 433 MHz Big Drops System devices from
service, and shall immediately withdraw any 433MHz Big Drops System device
for which a complaint of unlawful interference is received. In addition, EnerTrac
shall in good faith implement its accelerated program for the replacement of its
433 MHz Big Drops System devices with new, compliant Part 90 devices (or
other devices compliant with the Communications Laws) consistent with its
proposal and presentation to the Bureau on October 30, 2013, which is
incorporated herein by reference.22 EnerTrac shall complete the replacement of
all 433 MHz Big Drops System devices by no later than December 31, 2017.
(e)

Notification of Changed Circumstances

. EnerTrac shall immediately report
any change in circumstances that may materially affect the pace of EnerTrac’s
implementation of the accelerated program for the replacement of its 433 MHz
Big Drops System devices, as described in paragraph 11(d) of this Consent
Decree. EnerTrac’s report shall explain in detail the nature of the changed
circumstances and its potential impact on EnerTrac’s ongoing effort to withdraw
such devices from service. Any such notification shall be submitted 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 Kevin Pittman at Kevin.Pittman@fcc.gov and
to Ricardo Durham at Ricardo.Durham@fcc.gov.
12.

Reporting Noncompliance

. EnerTrac 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 EnerTrac 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
EnerTrac has taken or will take to prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted 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 Kevin Pittman at Kevin.Pittman@fcc.gov and to Ricardo Durham
at Ricardo.Durham@fcc.gov.
13.

Compliance Reports

. EnerTrac shall file Compliance Reports with the Commission
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, twenty-
four (24) months after the Effective Date, thirty-six (36) months after the Effective Date, and forty-eight
(48) months after the Effective Date.
(a)
Each Compliance Report shall include a detailed description of EnerTrac’s
efforts during the relevant period to comply with the terms and conditions of this

22 EnerTrac, 433MHz Replacement Plan Operating Plan 2013-2017 (on file in EB-SED-12-00001038) (confidential
treatment requested) (setting forth EnerTrac’s existing and proposed accelerated timetable for the full replacement
of 433 MHz Big Drops System devices with new Part 90 devices).
6

Federal Communications Commission

DA 14-102

Consent Decree and the Equipment Marketing Rules, as well as a progress report
with respect to the withdrawal from service of its 433 MHz Big Drops System
devices. In addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of EnerTrac, stating that the
Compliance Officer has personal knowledge that EnerTrac (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 12.
(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. 23
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of EnerTrac, 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 EnerTrac has taken or will
take to remedy such noncompliance, including the schedule on which proposed
remedial actions will be taken; and (iii) the steps that EnerTrac 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 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 Kevin Pittman at Kevin.Pittman@fcc.gov and to Ricardo
Durham at Ricardo.Durham@fcc.gov.
14.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 10
through 13 of this Consent Decree shall expire forty-eight (48) months after the Effective Date.
15.

Voluntary Contribution

. EnerTrac agrees that it will make a voluntary contribution to
the United States Treasury in the amount of thirteen thousand dollars ($13,000) within thirty (30) calendar
days after the Effective Date. EnerTrac shall send electronic notification of payment to Kevin Pittman at
Kevin.Pittman@fcc.gov, Ricardo Durham at Ricardo.Durham@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.24 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 that EnerTrac should follow based on the form of payment it selects:

23 47 C.F.R. § 1.16.
24 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

Federal Communications Commission

DA 14-102


Payment by check or money order must be made payable in United States Dollars 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 EnerTrac 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.
16.

Waivers

. EnerTrac 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. EnerTrac 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 EnerTrac nor the Commission shall
contest the validity of the Consent Decree or of the Adopting Order, and EnerTrac shall waive any
statutory right to a trial de novo. EnerTrac hereby agrees to waive any claims it may have under the
Equal Access to Justice Act25 relating to the matters addressed in this Consent Decree.
17.

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.
18.

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 EnerTrac does not expressly
consent) that provision will be superseded by such Rule or Commission order.
19.

Successors and Assigns

. EnerTrac agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
20.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation. 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.

25 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 14-102

21.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
22.

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.
23.

Authorized Representative

. The individual signing this Consent Decree on behalf of
EnerTrac represents and warrants that he is authorized by EnerTrac to execute this Consent Decree and to
bind EnerTrac to the obligations set forth herein. 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.
24.

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
_____________________________
George Dannecker
Chief Executive Officer
EnerTrac, Inc.
_____________________________
Date
9

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.