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LOUD Technologies, Inc.

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Released: December 13, 2012

Federal Communications Commission

DA 12-2009

Before the

Federal Communications Commission

Washington, DC 20554

)
File No.: EB-10-SE-034
In the Matter of
)
)
Acct. No.: 201332100004
LOUD Technologies, Inc.
)
)
FRN: 0022261655

ORDER

Adopted: December 12, 2012


Released: December 13, 2012

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 LOUD
Technologies, Inc. (LOUD). The Consent Decree resolves and terminates the Bureau’s investigation into
LOUD’s compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),1 and
Sections 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Commission’s rules (Rules)2
pertaining to the marketing of digital radio frequency devices, such as powered loudspeakers, non-
powered mixers, compact mixers, and active speaker systems.
2.
The Bureau and LOUD 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 LOUD 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) 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, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.
3 47 U.S.C. §§ 154(i), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

Federal Communications Commission

DA 12-2009

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 Case H. Kuehn, Chief Financial
Officer, LOUD Technologies, Inc., 16220 Wood-Red Road NE, Woodinville, WA 98072.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 12-2009

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
File No.: EB-10-SE-034
)
LOUD Technologies, Inc.
)
Acct. No.: 201332100004
)
)
FRN: 0022261655

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and LOUD Technologies,
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, 2.1203, 2.1204, 2.1205, 15.19, 15.21,
and 15.105 of the Commission’s rules2 pertaining to the marketing of digital radio frequency devices,
such as powered loudspeakers, non-powered mixers, compact mixers, and active speaker systems.

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 LOUD is subject
by virtue of its business activities, including but not limited to, the Equipment
Marketing Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(g) “Covered Employees” means all employees and agents of LOUD who perform, or
supervise, oversee, or manage the performance of, duties that relate to LOUD’s
responsibilities under the Equipment Marketing Rules.


1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.

Federal Communications Commission

DA 12-2009

(h) “Digital Device” means an unintentional radiator (device or system) as defined in
Section 15.3(k) of the Rules.3
(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,4 Sections 2.803,
2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Rules5 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 October 22,
2010 letter of inquiry6 regarding whether the marketing of certain Digital Devices by
LOUD complies with the Equipment Marketing Rules.
(l) “LOUD” means LOUD Technologies, Inc. and its predecessors-in-interest and
successors-in-interest.
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by LOUD to implement the Compliance Plan.
(n) “Parties” means LOUD and the Bureau, each of which is a “Party.”
(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 Act7 and Sections 2.803, 15.19, 15.21, and 15.105 of
the Rules,8 certain Digital Devices may not be marketed in the United States unless the devices comply
with the applicable technical standards as well as the administrative requirements relating to equipment
labeling and consumer disclosure. Section 2.803(e)(4) 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
3.
Pursuant to Sections 2.1203, 2.1204, and 2.1205 of the Rules,10 a Digital Device may not
be imported into the United States unless the importer, ultimate consignee, or customs broker files with


3 Id. § 15.3(k).
4 47 U.S.C. § 302a(b).
5 47 C.F.R. §§ 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.
6 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Rodney
Olson, President, Chief Executive Officer & Chairman, LOUD Technologies, Inc. (Oct. 22, 2010) (on file in EB-10-
SE-034).
7 47 U.S.C. § 302a(b).
8 47 C.F.R. §§ 2.803, 15.19, 15.21, 15.105.
9 Id. § 2.803(e)(4).
10 Id. §§ 2.1203, 2.1204, 2.1205.
2

Federal Communications Commission

DA 12-2009

the United States Customs and Border Protection 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.11
LOUD markets Digital Devices, including a wide range of professional audio and musical instrument
products, such as powered loudspeakers, non-powered mixers, compact mixers, active speaker systems,
and digital live console accessories. These Digital Devices are unintentional radiators subject to
authorization prior to marketing, via either the Commission’s equipment verification or declaration of
conformity procedures.12
4.
On October 22, 2010, the Bureau’s Spectrum Enforcement Division (Division) issued a
letter of inquiry (LOI) to LOUD, directing LOUD to submit a sworn written response to a series of
questions relating to LOUD’s manufacture, importation and marketing of certain Digital Devices.13
LOUD responded to the LOI on January 21, 2011.14 In its LOI Response, LOUD submitted information
and documentation related to Mackie brand Digital Device models marketed by the company, including
sales information and documentation relating to technical compliance testing.15 On April 11, 2011, the
Division issued LOUD a second letter of inquiry,16 to which the company responded on June 10, 2011.17
In its Second LOI Response, LOUD provided information related to whether its Mackie brand Digital
Devices were properly labeled in accordance with Section 15.19 of the Rules,18 and whether the consumer
disclosure language required by Section 15.105 of the Rules19 was included in the user manual for each
Digital Device.20 LOUD also provided information related to its importation of Digital Devices and its
obligation to file FCC Form 740 with the United States Customs and Border Protection in connection
with the importation of such Digital Devices.21
5.
LOUD subsequently reported that all Digital Device models that LOUD currently
markets comply with the Equipment Marketing Rules.22 With respect to Digital Device models that
LOUD previously offered, LOUD represents that it has taken remedial measures to help bring the
unlabeled Digital Devices into compliance and to revise the user manuals to include the requisite


11 See id. § 2.1204.
12 See id. § 15.101.
13 See supra note 6.
14 See Letter from Case H. Kuehn, Chief Financial Officer, LOUD Technologies, Inc., to Kathy Harvey, Attorney
Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau (Jan. 21, 2011) (on file in EB-10-SE-034)
(LOI Response).
15 See id. at 1.
16 See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Mark Graham, President, Chief Executive Officer & Chairman, LOUD Technologies, Inc. (Apr. 11, 2011) (on file in
EB-10-SE-034).
17 See Letter from Case H. Kuehn, Chief Financial Officer, LOUD Technologies, Inc., to Kathy Harvey, Attorney
Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau (June 10, 2011) (on file in EB-10-SE-034)
(Second LOI Response).
18 See 47 U.S.C. § 15.19.
19 See id. § 15.105.
20 See Second LOI Response at Attachment 2.
21 See id. at Attachment 1.
22 See E-mail from Case H. Kuehn, Chief Financial Officer, LOUD Technologies, Inc., to Paul Noone, Attorney
Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau (Mar. 28, 2012, 20:45 EDT) (on file in EB-10-
SE-034).
3

Federal Communications Commission

DA 12-2009

consumer disclosure language.23 The Bureau and LOUD executed tolling agreements to toll the statute of
limitations.24

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

. LOUD 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, LOUD 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 this Investigation through the Effective
Date, or the existence of this Consent Decree, to institute on its own motion any new proceeding, formal
or informal, or take any action on its own motion against LOUD 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 this 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 LOUD with respect to LOUD’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, LOUD
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 LOUD 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.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, LOUD 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


23 See id.
24 See, e.g., Tolling Agreement Extension, File No. EB-10-SE-034, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Case H. Kuehn, Chief Financial Officer,
LOUD Technologies, Inc. (Apr. 26, 2011).
4

Federal Communications Commission

DA 12-2009

conditions of this Consent Decree. With respect to the Equipment Marketing Rules, LOUD shall
implement the following procedures:
(a)

Operating Procedures on Equipment Marketing

. Within sixty (60) calendar
days after the Effective Date, LOUD shall establish Operating Procedures that all
Covered Employees must follow to help ensure LOUD’s compliance with the
Equipment Marketing Rules. LOUD’s Operating Procedures shall include
internal procedures and policies specifically designed to ensure that (i) prior to
the initiation of marketing (as such term is defined in Section 2.803 of the
Rules25), all Digital Devices and other radio frequency devices to be marketed by
LOUD 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; and (ii)
LOUD complies with the requirements of Sections 2.1203, 2.1204, and 2.1205 of
the Rules relating to the importation and entry of Digital Devices into the United
States, including 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.26
(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 Digital Device and to meet all FCC
requirements for the importation and entry of such Digital Device into the United
States, and set forth the Operating Procedures that Covered Employees shall
follow to help ensure LOUD’s compliance with the Equipment Marketing Rules.
LOUD shall periodically review and revise the Compliance Manual as necessary
to ensure that the information set forth therein remains current and complete.
LOUD shall distribute any revisions to the Compliance Manual promptly to all
Covered Employees.
(c)

Compliance Training Program

. LOUD 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 LOUD’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. LOUD 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.


25 See supra note 9 and accompanying text.
26 See 47 C.F.R. §§ 2.1203, 2.1204, 2.1205.
5

Federal Communications Commission

DA 12-2009

(d)

Remedial Efforts for Discontinued Models

. With respect to Digital Device
models that LOUD no longer markets, LOUD shall continue to ensure that all
unlabeled Digital Devices that are returned to LOUD or its service centers for
service or repair shall be affixed with a label that complies with Section 15.19 of
the Rules27 prior to being returned to the customer. In addition, LOUD shall
continue to maintain on its website an online user manual for each such
discontinued model that includes the consumer disclosure language required by
Section 15.105 of the Rules.28
12.

Reporting Noncompliance

. LOUD 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 LOUD 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
LOUD 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, SW, Washington, DC 20554, with
a copy submitted electronically to Paul Noone at Paul.Noone@fcc.gov and to JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov.
13.

Compliance Reports

. LOUD shall file compliance reports with the Commission ninety
(90) calendar days after the Effective Date, twelve (12) months after the Effective Date, and twenty-four
(24) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of LOUD’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 LOUD, stating that the Compliance Officer has personal knowledge that LOUD (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 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.29
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of LOUD, 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 LOUD 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 LOUD has taken or will take to prevent the recurrence
of any such noncompliance, including the schedule on which such preventive action
will be taken.


27 See id. § 15.19.
28 See id. § 15.105.
29 See id. § 1.16.
6

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DA 12-2009

(d) All Compliance Reports shall be submitted to Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, Room 3-
C366, 445 12th Street, SW, Washington, DC 20554, with a copy submitted
electronically to Paul Noone at Paul.Noone@fcc.gov and to JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov.
14.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 10
through 13 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
15.

Voluntary Contribution

. LOUD agrees that it will make a voluntary contribution to the
United States Treasury in the amount of eighty-five thousand dollars ($85,000) (Voluntary Contribution),
such Voluntary Contribution to be made in three installments (each, an Installment Payment). The first
Installment Payment in the amount of twenty-eight thousand three hundred thirty three dollars ($28,333)
is due within thirty (30) calendar days after the Effective Date. The second Installment Payment in the
amount of twenty-eight thousand three hundred thirty three dollars ($28,333) is due within sixty (60)
calendar days after the Effective Date. The third and final Installment Payment in the amount of twenty-
eight thousand three hundred thirty four dollars ($28,334) is due within ninety (90) calendar days after the
Effective Date. LOUD acknowledges and agrees that upon execution of this Consent Decree the
Voluntary Contribution and each Installment Payment shall become a “Claim” or “Debt” as defined in 31
U.S.C. § 3701(b)(1).30 Upon an Event of Default (as defined below), all procedures for collection as
permitted by law may, at the Commission’s discretion, be initiated. In addition, LOUD agrees that it will
make the first and all subsequent Installment Payments in United States Dollars without further demand
or notice by the dates specified above. LOUD shall also send electronic notification of payment to Paul
Noone at Paul.Noone@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@fcc.gov, and Samantha Peoples at
Sam.Peoples@fcc.gov on the date said payments are made.
16.
Installment payments 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
you should follow based on the form of payment you select:
Ÿ
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.
Ÿ
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.
Ÿ
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 –


30 See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
31 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

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DA 12-2009

Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If you have questions regarding payment procedures, please contact the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
17.

Event of Default

. LOUD agrees that an Event of Default shall occur upon the failure by
LOUD to pay the full amount of any Installment Payment on or before the due date specified in this
Consent Decree.
18.

Interest, Charges for Collection, and Acceleration of Maturity Date

. After an Event
of Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary Contribution
shall accrue interest, computed using the rate of the U.S. Prime Rate in effect on the date of the Event of
Default plus 4.75 percent, from the date of the Event of Default until payment in full. Upon an Event of
Default, the then unpaid amount of the Voluntary Contribution, together with interest, as aforesaid, any
penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717 and
administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees, shall become
immediately due and payable, without notice, presentment, demand, protest, or notice of protest of any
kind, all of which are waived by LOUD.
19.

Waivers

. LOUD 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. LOUD
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 LOUD nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and LOUD shall waive any statutory right to a trial
de novo. LOUD 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.
20.

Invalidity

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

Subsequent Rule or Order

. The Parties agree that if any provision of 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 LOUD does not expressly
consent) that provision will be superseded by such Rule or Commission order.
22.

Successors and Assigns

. LOUD agrees that the provisions of this Consent Decree shall
be binding on its successors, assigns, and transferees.
23.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties 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.
24.

Modifications

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


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 12-2009

25.

Paragraph Headings

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

Authorized Representative

. The individual signing this Consent Decree on behalf of
LOUD represents and warrants that he is authorized by LOUD to execute this Consent Decree and to bind
LOUD 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.
27.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
_____________________________
P. Michele Ellison
Chief
Enforcement Bureau
_____________________________
Date
_____________________________
Case H. Kuehn
Chief Financial Officer
LOUD Technologies, Inc.
_____________________________
Date
9

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