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Silver Spring Networks

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Released: December 31, 1969

Federal Communications Commission

DA 09-27

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No. EB-09-SE-001
In the Matter of
)
)
Acct. No. 200932100006
Silver Spring Networks
)
)
FRN No. 0017775842

ORDER

Adopted:

January 13, 2009

Released:

January 16, 2009
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau ("Bureau") and Silver Spring Networks ("Silver Spring"). The Consent Decree
terminates an investigation by the Bureau into whether Silver Spring violated Section 302(b) of the
Communications Act of 1934, as amended ("Act"),1 and Sections 2.803(a) and 15.212(a)(vi)(A) of the
Commission's rules ("Rules")2 regarding the marketing and labeling of a modular utility meter
transmitter.
2.
The Bureau and Silver Spring have negotiated the terms of a Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest 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 there are no
substantial or material questions of fact as to whether Silver Spring 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 section 4(i) of the Act,3 and sections
0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.


1 47 U.S.C. 302a(b).
2 47 C.F.R. 2.803(a) and 15.212(a)(vi)(A).
3 47 U.S.C. 154(i).
4 47 C.F.R. 0.111, 0.311.

Federal Communications Commission

DA 09-27

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 Jordan Breslow, General Counsel
and Secretary, Silver Spring Networks, 575 Broadway Street, Redwood City, CA 94063, and to Robert J.
Ungar, Esq. and Terry G. Mahn, Esq., Fish & Richardson P.C., 1425 K Street, N.W., Washington, D.C.
20005
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
2

Federal Communications Commission

DA 09-27

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No. EB-09-SE-001
In the Matter of
)
)
Acct. No. 200932100006
Silver Spring Networks
)
)
FRN No. 0017775842

CONSENT DECREE

The Enforcement Bureau ("Bureau") and Silver Spring Networks ("Silver Spring"), by their authorized
representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's
investigation into whether Silver Spring violated Section 302(b) of the Communications Act of 1934, as
amended ("Act"),1 and Sections 2.803(a) and 15.212(a)(vi)(A) of the Commission's rules ("Rules")2
regarding the marketing and labeling of a modular utility meter transmitter.

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) "Compliance Plan" means the program described in this Consent Decree at paragraph
eight (8).
(f) "Effective Date" means the date on which the Bureau releases the Adopting Order.
(g) "Investigation" means the matter disclosed to the Bureau by Silver Spring on
December 16, 2008, regarding a possible violation of Section 302(b) of the Act and
Sections 2.803(a) and 15.212(a)(vi)(A) of the Rules.
(h) "Parties" means Silver Spring and the Bureau.
(i) "Rules" means the Commission's regulations found in Title 47 of the Code of
Federal Regulations.


1 47 U.S.C. 302a(b).
2 47 C.F.R. 2.803(a) and 15.212(a)(vi)(A).

Federal Communications Commission

DA 09-27

(j) "Silver Spring " means Silver Spring Networks and its subsidiaries and their
predecessors-in-interest and successors-in-interest.

II.

BACKGROUND

2.
Pursuant to Section 302(b) of the Act 3and Section 2.803(a) of the Rules4, radio frequency
devices subject to certification may not be marketed unless authorized by the Commission in accordance
with the applicable technical and administrative provisions of the Rules. Under Section 15.212(a)(vi)(A)
of the Rules,5 a device containing a modular transmitter with a permanently affixed label that is not
visible must also display a label referring to the enclosed module.
3.
On December 16, 2008, Silver Spring voluntarily disclosed to the Bureau that one model
of utility meter incorporating a modular transmitter had an incorrect exterior label.

III.

TERMS OF AGREEMENT

4.

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 without change, addition, modification, or deletion.
5.

Jurisdiction.

Silver Spring agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
6.

Effective Date; Violations.

The Parties agree that this Consent Decree shall become
effective on the date on which the Bureau releases the Adopting Order. Upon release, the Adopting Order
and this Consent Decree shall have the same force and effect as any other Order of the Bureau. Any
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement
of a Commission Order.
7.

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 its Investigation of Silver Spring. In consideration for the termination of said Investigation,
Silver Spring 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 of the Consent Decree, 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 Silver Spring concerning the matters that were the subject of the Investigation. The
Bureau also agrees that it will not use the facts developed in this Investigation through the Effective Date
of this Consent Decree, 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 Silver Spring with respect to
Silver Spring's basic qualifications, including its character qualifications, to be a Commission licensee or
to hold Commission licenses or authorizations.
8.

Compliance Plan.

For purposes of settling the matters set forth herein, Silver Spring
agrees to maintain a Compliance Plan related to future compliance with the Act, the Commission's Rules,


3 47 U.S.C. 302a(b).
4 47 C.F.R. 2.803(a).
5 47 C.F.R. 15.212(a)(iv)(A).
2

Federal Communications Commission

DA 09-27

and the Commission's Orders. The Compliance Plan will include, at a minimum, the following
components:
(a)

Labeling of New Devices

. Silver Spring will ensure that all models of its radio
frequency modular transmitters are properly labeled by instituting a review process at all
stages of meter assembly.
(b)

Labeling of Deployed Devices.

. Silver Spring will provide utility companies with
labels to affix to deployed meters during maintenance, repair or replacement.
(c)

Distribution of Information

. Silver Spring will distribute lists of meter locations
and correct labels to specified public utilities and to FCC regional offices upon FCC
request.
(d) Compliance Report. Silver Spring will file reports with the Commission six months
after the Effective Date and 12 months after the Effective Date. Each compliance report
shall include a compliance certificate from an officer, as an agent of Silver Spring, stating
that the officer has personal knowledge that Silver Spring has established operating
procedures intended to ensure compliance with this Consent Decree, together with an
accompanying statement explaining the basis for the officer's compliance certification.
All compliance reports shall be submitted to Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W.
Washington, D.C. 20554. All compliance reports shall also be submitted electronically to
Neil.McNeil@fcc.gov and Kathryn Berthot at Kathy.Berthot@fcc.gov.
(e) Termination Date. Unless stated otherwise, the requirements of this Consent
Decree will expire twelve (12) months after the Effective Date.
9.

Voluntary Contribution.

Silver Spring agrees that it will make a voluntary contribution
to the United States Treasury in the amount of four thousand dollars ($4,000). The payment will be made
within 30 days after the Effective Date of the Adopting Order. The payment must be made by check or
similar instrument, payable to the order of the Federal Communications Commission. The payment must
include the Account Number and FRN Number referenced in the caption to the Adopting Order. Payment
by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank Government Lockbox
#979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may
be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. 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). Silver Spring will also send electronic notification
on the date said payment is made to Neil.McNeil@fcc.gov and Kathy.Berthot@fcc.gov.
10.

Waivers.

Silver Spring 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 adopting the
Consent Decree without change, addition, modification, or deletion. Silver Spring 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 Silver Spring nor the Commission shall contest the validity of the Consent
Decree or the Adopting Order, and Silver Spring shall waive any statutory right to a trial de novo. Silver
Spring hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act, 5
U.S.C. 504 and 47 C.F.R. 1.1501 et seq., relating to the matters addressed in this Consent Decree.
3

Federal Communications Commission

DA 09-27

11.

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.
12.

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 Silver Spring does not expressly
consent) that provision will be superseded by such Commission rule or Order.
13.

Successors and Assigns.

Silver Spring agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
14.

Final Settlement.

The Parties agree that this Consent Decree is for settlement purposes
only and that by agreeing to this Consent Decree, Silver Spring does not admit or deny noncompliance,
violation or liability for violating the Act, Commission's Rules or Orders in connection with the matters
that are the subject of this Consent Decree. The Parties agree and acknowledge that this Consent Decree
shall constitute a final settlement between the Parties. The Parties further agree that this Consent Decree
does not constitute either an adjudication on the merits or a factual or legal finding or determination
regarding any compliance or noncompliance with the requirements of the Act or the Commission's rules
and Orders.
15.

Modifications.

This Consent Decree cannot be modified without the advance written
consent of both Parties.
16.

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.
17.

Authorized Representative.

Each party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree.
18.

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.
_______________________________
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
________________________________
Jordan Breslow
General Counsel and Secretary
Silver Spring Networks
________________________________
Date
4

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