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Intel to Pay $144K to Resolve Importation and Product Evaluation Case

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Released: July 2, 2014
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Federal Communications Commission

DA 14-711

Before the

Federal Communications Commission

Washington, D.C. 20554

)

File No.: EB-SED-13-00007036

1

In the Matter of

)

)

Acct. No.: 201432100006

Intel Corporation

)

)

FRN: 0007775034

)

ORDER

Adopted: July 2, 2014

Released: July 2, 2014

By the Acting Chief, Enforcement Bureau:

1.

The Enforcement Bureau (Bureau) of the Federal Communications Commission

(Commission) has resolved its investigation into whether Intel Corporation (Intel) complied with certain

rules governing the importation, operation, and advertisement of prototype smartphones and tablets. Intel

manufactured and imported functioning prototypes of smartphones and tablets that its business customers

could use to develop their own devices for potential sale to the general public. Intel admitted that its

employees operated the prototypes under investigation before the company had obtained equipment

authorization for these devices. In addition, Intel admitted that it exceeded the importation limits in effect

during the relevant period and that it displayed at a trade show a digital device model without the required

notice to potential customers and the general public that the device had not yet been authorized by the

Commission. The Commission’s rules impose restrictions and conditions on these activities to ensure

that unauthorized devices are not prematurely distributed to retailers and then sold to the general public;

these devices, if not in full compliance with the Commission’s technical requirements, could cause

harmful interference to other electronics and radio communications devices. To resolve the investigation,

Intel will pay $144,000 and implement a three-year compliance plan to ensure future compliance with

these important requirements.

2.

In this Order, we adopt the attached Consent Decree entered into between the Bureau and

Intel. The Consent Decree resolves and terminates the Bureau’s investigation into possible violations of

Section 302(b) of the Communications Act of 1934, as amended (Act),2 and former Sections 2.803(c),3

2.803(e),4 and 2.12045 of the Commission’s rules (Rules) pertaining to the importation, operation, and

advertisement or display of certain radio frequency devices prior to equipment authorization.

3.

The Bureau and Intel have negotiated the Consent Decree that resolves this matter.

A copy of the Consent Decree is attached hereto and incorporated herein by reference.

1 The investigation initiated under File No. EB-SED-13-00006784 was subsequently assigned File No. EB-SED-13-

00007036. Any future correspondence with the FCC concerning this matter should reflect the new case number.

2 47 U.S.C. § 302a(b).

3 47 C.F.R. § 2.803(c) (2012).

4 Id. § 2.803(e) (2012).

5 Id. § 2.1204 (2012).

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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

investigation.

5.

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 Intel possesses the basic

qualifications, including those related to character, to hold or obtain any Commission license or

authorization.

6.

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the

Act,6 and Sections 0.111 and 0.311 of the Rules,7 the Consent Decree attached to this Order IS

ADOPTED.

7.

IT IS FURTHER ORDERED that the above-captioned investigation IS

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 Jo S. Levy, Vice President, Legal

and Corporate Affairs, 2111 NE 25Th Avenue, Hillsboro, Oregon 97124; and to David Solomon, Esq.,

Wilkinson Barker Knauer, LLP, Counsel for Intel Corporation, 2300 N Street N.W., Suite 700,

Washington, DC 20037.

FEDERAL COMMUNICATIONS COMMISSION

Travis LeBlanc

ActingChief

Enforcement Bureau

6 47 U.S.C. §§ 154(i), 154(j), 503(b).

7 47 C.F.R. §§ 0.111, 0.311.

2

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Federal Communications Commission

DA 14-711

Before the

Federal Communications Commission

Washington, D.C. 20554

)

File No.: EB-SED-13-00007036

1

In the Matter of

)

)

Acct. No.: 201432100006

Intel Corporation

)

)

FRN: 0007775034

)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Intel Corporation, 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,2 and former Sections 2.803(c),3 2.803(e),4 and 2.12045 of the Commission’s

rules pertaining to the importation, operation, and advertisement or display of certain prototype radio

frequency devices prior to equipment authorization.

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 Intel is subject

by virtue of its business activities, including but not limited to, the Radio Frequency

Device Importation and Product Evaluation Rules.

(f)

“Compliance Plan” means the compliance obligations, program, and procedures

described in this Consent Decree at paragraph 12.

(g)

“Covered Employees” means all employees of Intel who supervise, oversee, or

manage the performance of the following duties that directly relate to Intel’s

1 The investigation initiated under File No. EB-SED-13-00006784 was subsequently assigned File No. EB-SED-13-

00007036. Any future correspondence with the FCC concerning this matter should reflect the new case number.

2 47 U.S.C. § 302a(b).

3 47 C.F.R. § 2.803(c) (2012).

4 Id. § 2.803(e) (2012).

5 Id. § 2.1204 (2012).

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DA 14-711

responsibilities under the Radio Frequency Device Importation and Product

Evaluation Rules: distributing radio frequency devices within the United States and

its territories to Intel employees or others prior to equipment authorization;

advertising or displaying radio frequency devices within the United States and its

territories prior to equipment authorization; and approving for importation into the

United States and its territories radio frequency devices prior to equipment

authorization, including those who supervise, oversee, or manage third-party brokers

who execute FCC Form 740s in connection with Intel’s importation of such devices

into the United States and its territories.6

(h)

“Effective Date” means the date on which the Bureau releases the Adopting Order.

(i)

“Intel” means Intel Corporation and its predecessors-in-interest and its successors-

in-interest.

(j)

“Investigation” means the investigation commenced by the Bureau following Intel’s

voluntary disclosure to the Bureau of possible violations of Section 302(b) of the

Act and former Sections 2.803(c), 2.803(e), and 2.1204 of the Rules pertaining to

the importation, operation, and advertisement or display of certain prototype radio

frequency devices within the United States and its territories prior to equipment

authorization.

(k)

“Operating Procedures” means the internal operating procedures and compliance

policies established by Intel to implement the Compliance Plan.

(l)

“Parties” means Intel and the Bureau, each of which is a “Party.”

(m)

“Radio Frequency Device” means, for purposes of Section III hereof, a

“radiofrequency device” as defined by Section 2.801 of the Rules that requires but

has not yet received authorization in accordance with the Rules.

(n)

“Radio Frequency Device Importation and Product Evaluation Rules” means Section

302(b) of the Act7 and Sections 2.803, 2.805, 2.1203, 2.1204, and 2.1205 of the

Rules as they govern the importation, operation, and advertisement or display of

radio frequency devices within the United States and its territories prior to

equipment authorization,8 and the published and promulgated orders and decisions

of the Commission regarding those provisions as they govern the importation,

operation, and advertisement or display of radio frequency devices within the United

States and its territories prior to equipment authorization.

(o)

“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 Act9 and Section 2.803 of the Rules,10 radio frequency

devices may not be marketed in the United States unless the devices have been tested for compliance with

6 For purposes of this Consent Decree, when used in connection with the importation of radiofrequency devices

prior to equipment authorization, the phrase “United States and its territories” shall be limited to the Customs

territory of the United States.

See 47 C.F.R. § 2.1203(a).

The Customs territory of the United States constitutes

“only the States, the District of Columbia, and Puerto Rico.”

19 C.F.R. § 101.1.

7 47 U.S.C. § 302a(b).

8 47 C.F.R. §§ 2.803, 2.805, 2.1203, 2.1204, 2.1205.

9 See 47 U.S.C. § 302a(b).

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the applicable technical requirements prior to the initiation of marketing in accordance with one of three

authorization procedures (i.e., certification, Declaration of Conformity, or verification).11 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.”12

3.

Former Section 2.803(e)(1)(iv) of the Rules permitted a manufacturer to operate, but not

market, radio frequency devices prior to equipment authorization to evaluate product performance and to

determine customer acceptability, provided such operation took place at the manufacturer’s facilities

during the developmental, design, or pre-production stages.13 In addition, pursuant to former Section

2.803(e)(3)(ii) of the Rules, a manufacturer could operate radio frequency devices prior to equipment

authorization for demonstration or evaluation purposes pursuant to a grant of special temporary authority

(STA) or an experimental license, or under the authority and with the consent of the local FCC licensed

service provider.14

4.

Pursuant to Sections 2.1203, 2.1204, and 2.1205 of the Rules,15 radio frequency devices

may not be imported into the United States unless the importer, ultimate consignee, or customs broker

files with the United States Customs and Border Protection (CBP) an FCC Form 740 (or the electronic

equivalent thereof) declaring that the device meets one of the import conditions set forth in Section

2.1204 of the Rules.16 Former Section 2.1204 of the Rules also permitted the importation of “limited

quantities” of radio frequency devices prior to equipment authorization for testing and evaluation of

compliance with the Rules or suitability for marketing, provided such devices were not offered for sale or

marketed.17 The importation of a greater number of units than permitted required prior written approval

from the Commission’s Office of Engineering and Technology.18

10 See 47 C.F.R. § 2.803.

11 See id. §§ 2.902, 2.906, 2.907.

12 Id. § 2.803(a).

13 See id. § 2.803(e)(1)(iv) (2012). Pursuant to former Section 2.803(e)(1)(v)(2) of the Rules, for purposes of former

Section 2.803(e)(1)(iv), the term “manufacturer’s facilities” included not only the facilities of the party responsible

for compliance with the regulations and the manufacturer’s premises, but also the facilities of “other entities

working under the authorization of the responsible party in connection with the development and manufacture, but

not the marketing, of the equipment.” See id. § 2.803(e)(1)(v)(2) (2012).

14 Id. § 2.803(e)(3)(ii) (2012). On January 31, 2013, the Commission adopted significant changes to its Part 5

Experimental Radio Service Rules to create a more flexible framework to support the rapid pace of technological

innovation, and modified, clarified, and eliminated other rules to reduce administrative burdens on experimenters

and to promote greater experimentation. See Promoting Expanded Opportunities for Radio Experimentation and

Market Trials Under Part 5 of the Commission’s Rules and Streamlining Other Related Rules 2006 Biennial Review

of Telecommunications Regulations – Part 2 Administered by the Office of Engineering and Technology, Report and

Order, 28 FCC Rcd 758 (2013) (Streamlining Order). In particular, the Commission adopted new Section 2.805 of

the Rules to more clearly articulate Commission policies with respect to when radio frequency devices may be

operated, but not marketed, prior to equipment authorization. See 47 C.F.R. § 2.805 (eff. May 29, 2013).

15 See 47 C.F.R. §§ 2.1203, 2.1204, 2.1205.

16 See id. §2.1204.

17 See id. § 2.1204(a)(3). In the Streamlining Order, the Commission concluded that its previous limits on the

importation of devices that have not yet been authorized were no longer adequate to meet industry’s needs, and

amended Section 2.1204(a)(3) of the Rules to increase the number of radio frequency device units that can be

imported for testing and evaluation to determine compliance with FCC Rules, product development, or suitability

for marketing. 28 FCC Rcd at 811–12, paras. 145–146.

18 47 C.F.R. § 2.1204(a)(3)(i).

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5.

Finally, radio frequency devices may be advertised or displayed (e.g., at a trade show or

exhibition) prior to equipment authorization, provided that the advertisement or display is accompanied

by the following conspicuous notice: “This device has not been authorized as required by the rules of the

Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or

sold or leased, until authorization is obtained.”19

6.

Intel designs, manufacturers, and distributes semiconductor chips and other

communication and computer devices that must be authorized via the Commission’s equipment

verification procedures. On August 17, 2012, counsel to Intel orally disclosed to the Bureau’s Spectrum

Enforcement Division (Division) possible violations of the Rules relating to the importation, operation,

and advertisement or display of prototype radio frequency devices (specifically, smartphones and tablets)

prior to equipment authorization. Intel supplemented its disclosure on December 19, 2012.20 On March

19, 2013, the Division directed Intel to submit a sworn written response to a series of questions relating

Intel’s compliance with former Sections 2.803(c), 2.803(e), and 2.1204 of the Rules.21 Intel responded to

the Division’s inquiry on April 18, 2013.22 In its Response, Intel identified certain prototype digital

device models that were operated in residential areas for testing and evaluation purposes without an

equipment authorization prior to receipt of an STA, or that were operated on licensed spectrum without

the prior approval of the underlying FCC licensee.23 In addition, Intel acknowledged that, under former

Section 2.1204 of the Rules, it imported more than “limited quantities” of certain prototype digital device

models prior to equipment authorization,24 and that it had displayed at a trade show one prototype digital

device model prior to equipment authorization with a notice that it believes stated only that:

“CONFIDENTIAL INTEL RESTRICTED PROPERTY: NOT FOR SALE.”25

III.

TERMS OF AGREEMENT

7.

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.

8.

Jurisdiction. Intel 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.

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

19 Id. § 2.803(c)(2)(iii)(A) (formerly § 2.803(c) (2012)).

20 See Letter from David H. Solomon, Esq., Wilkinson Barker Knauer, LLP, Counsel to Intel Corporation, to John

D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Dec. 19, 2012) (on file in EB-13-

0006784) (December Letter).

21 See E-mail from Josh Zeldis, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau, to

David H. Solomon, Esq., Wilkinson Barker Knauer, LLP, Counsel to Intel Corporation (Mar. 19, 2013, 14:17 EDT)

(on file in EB-13-0006784).

22 See Letter from David H. Solomon, Esq., Wilkinson Barker Knauer, LLP, Counsel to Intel Corporation, to Josh

Zeldis, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau (Apr. 18, 2013) (on file in

EB-13-0006784) (Response).

23 See id. at 1-6.

24 See December Letter at 2.

25 See Response at 1-2.

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Commission order, entitling the Commission to exercise any rights and remedies attendant to the

enforcement of a Commission order.

10.

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, Intel 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 Intel 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 Intel with respect to Intel’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, Intel

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 Intel 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/her duties under this Consent Decree, the Compliance Officer shall have specific knowledge

of the Radio Frequency Device Importation and Product Evaluation Rules prior to assuming his/her

duties.

12.

Compliance Plan. For purposes of settling the matters set forth herein, Intel agrees that,

consistent with its overall efforts to ensure future compliance with the Communications Laws, it shall

within sixty (60) calendar days after the Effective Date, develop and implement a Compliance Plan to

help ensure future compliance with the Radio Frequency Device Importation and Product Evaluation

Rules and with the terms and conditions of this Consent Decree. Intel represents that it has one or more

employees covering each relevant business unit who have responsibility for compliance with each of the

Communications Laws that are relevant to its operations, and that there are at least twenty (20) such

employees, including management personnel in Intel’s Corporate Product Regulations & Standards

Group, who collectively exercise responsibility for Intel’s compliance with all of the Communications

Laws that are relevant to its operations. Intel agrees that it will either maintain this compliance structure,

or, if it makes changes, shall ensure that it maintains equivalent oversight over compliance with all

Communications Laws that are applicable to its operations. With respect to the Radio Frequency Device

Importation and Product Evaluation Rules, Intel shall implement the following procedures:

(a)

Operating Procedures on Device Development. Within sixty (60) calendar

days after the Effective Date, Intel shall establish Operating Procedures that all

Covered Employees must follow to help ensure Intel’s compliance with the

Radio Frequency Device Importation and Product Evaluation Rules. Intel’s

Operating Procedures shall include internal procedures and policies specifically

designed to ensure that (i) Intel’s operation of Radio Frequency Devices prior to

equipment authorization, including operation for the purpose of performance

evaluation and determination of customer acceptability, complies with Section

2.805 of the Rules;26 (ii) Intel’s advertising and display of Radio Frequency

Devices prior to equipment authorization, including the advertisement or display

of such devices at trade shows or exhibitions, complies with Section 2.803 of the

26 See 47 C.F.R. § 2.805(e).

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Rules;27 and (iii) Intel complies with the requirements of Sections 2.1203,

2.1204, and 2.1205 of the Rules relating to the importation and entry of Radio

Frequency Devices into the United States prior to equipment authorization,

including the importation limits set forth in Section 2.1204(a) and the filing with

the United States Customs and Border Protection of an FCC Form 740 (or the

electronic equivalent thereof) that accurately identifies the importation

condition(s) satisfied for each such importation.28

(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. Distribution by e-mail or by an e-mail link to an internal

Intel intranet site shall be deemed to comply with this requirement. The

Compliance Manual shall explain the Radio Frequency Device Importation and

Product Evaluation Rules and set forth the Operating Procedures that Covered

Employees shall follow to help ensure Intel’s compliance with the Radio

Frequency Device Importation and Product Evaluation Rules. Intel shall

periodically review and revise the Compliance Manual as necessary to ensure

that the information set forth therein remains current and complete. Intel shall

distribute any revisions to the Compliance Manual promptly to all Covered

Employees.

(c)

Compliance Training Program. Intel shall establish and implement a

Compliance Training Program on compliance with the Radio Frequency Device

Importation and Product Evaluation Rules and the Operating Procedures. As part

of the Compliance Training Program, Covered Employees shall be advised of

Intel’s obligation to report any noncompliance with the Radio Frequency Device

Importation and Product Evaluation 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 sixty (60) calendar days after the Effective

Date, except that any person who becomes a Covered Employee at any time after

the launch of the initial training shall be trained within thirty (30) calendar days

after the date such person becomes a Covered Employee. Intel 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. Intel further agrees to train, by

no later than October 31, 2014, its employees within its Mobile and

Communications Group and New Devices Group who, based on job description

and role, are likely to import, test, operate, market, display or advertise Radio

Frequency Devices in the United States or its territories prior to equipment

authorization, which shall include instruction on compliance with the Frequency

Device Importation and Product Evaluation Rules.

13.

Reporting Noncompliance. Intel shall report any noncompliance with the Radio

Frequency Device Importation and Product Evaluation 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 Intel has

taken or will take to remedy such noncompliance; (iii) the schedule on which such remedial actions will

27 See id. § 2.803(c).

28 See id. §§ 2.1203, 2.1204, 2.1205.

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be taken; and (iv) the steps that Intel 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 Josh Zeldis at Josh.Zeldis@fcc.gov

and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.

14.

Compliance Reports. Intel 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, and thirty-six (36) months after the Effective Date.

(a)

Each Compliance Report shall include a detailed description of Intel’s efforts

during the relevant period to comply with the terms and conditions of this

Consent Decree and the Radio Frequency Device Importation and Product

Evaluation Rules. In addition, each Compliance Report shall include a

certification by the Compliance Officer, as an agent of and on behalf of Intel,

stating that the Compliance Officer has personal knowledge that Intel (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 Rules29 and be subscribed to as true under penalty of perjury in substantially

the form set forth therein.

(c)

If the Compliance Officer cannot provide the requisite certification, the

Compliance Officer, as an agent of and on behalf of Intel, 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 Intel 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 Intel 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, 3-C366,

445 12th Street, S.W., Washington, DC 20554, with a copy submitted

electronically to Josh Zeldis at Josh.Zeldis@fcc.gov and to 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-six (36) months after the Effective Date.

16.

Payment. Intel agrees that it will make a payment to the United States Treasury in the

amount of one hundred and forty-four thousand dollars ($144,000) within thirty (30) calendar days after

the Effective Date. Intel shall send electronic notification of payment to Josh Zeldis at

Josh.Zeldis@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@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

29 47 C.F.R. § 1.16.

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submitted.30 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 Intel should follow based on the form of payment it selects:

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 Intel 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. Intel 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. Intel

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 Intel nor the Commission shall contest the

validity of the Consent Decree or of the Adopting Order, and Intel shall waive any statutory right to a trial

de novo. Intel hereby agrees to waive any claims it may have under the Equal Access to Justice Act31

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 Intel does not expressly consent)

that provision will be superseded by such Rule or Commission order.

20.

Successors and Assigns. Intel 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 Investigation. The Parties further

30 An FCC Form 159 and detailed instructions for completing the form may be obtained at

http://www.fcc.gov/Forms/Form159/159.pdf.

31 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

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Federal Communications Commission

DA 14-711

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.

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. The individual signing this Consent Decree on behalf of

Intel represents and warrants that she is authorized by Intel to execute this Consent Decree and to bind

Intel to the obligations set forth herein. The FCC signatory represents that he is signing this Consent

Decree in his official capacity and that he is authorized to execute this Consent Decree.

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.

___________________________

John D. Poutasse

Chief, Spectrum Enforcement Division

Enforcement Bureau

___________________________

Date

_____________________________

Jo S. Levy

Vice President, Legal and Corporate Affairs

Chief Compliance Officer

Intel Corporation

_____________________________

Date

9

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