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Released: March 15, 2013

Federal Communications Commission

DA 13-295

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No.: EB-10-SE-093
In the Matter of
)
)
Acct. No.: 201332100006
Ubiquiti Networks, Inc.
)
)
FRN: 0012268215

ORDER

Adopted: March 15, 2013


Released: March 15, 2013

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 Ubiquiti
Networks, Inc. (Ubiquiti). The Consent Decree resolves and terminates the Bureau’s investigation into
Ubiquiti’s compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),1 and
Sections 2.803(a), 2.925(a), 15.19, 15.21, 15.37(l), and 15.407(h) of the Commission’s rules (Rules)2
pertaining to the marketing of certain wireless broadband network devices.
2.
The Bureau and Ubiquiti 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 Ubiquiti 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(a), 2.925(a), 15.19, 15.21, 15.37(l), 15.407(h).
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.

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DA 13-295

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 Robert Pera, President and Chief
Executive Officer, Ubiquiti Networks, Inc., 2580 Orchard Parkway, San Jose, CA 95131, and to David E.
Hilliard, Esq., Counsel for Ubiquiti Networks, Inc., Wiley Rein LLP, 1776 K Street, NW, Washington,
DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-295

Before the

Federal Communications Commission

Washington, D.C. 20554

)
)
File No.: EB-10-SE-093
In the Matter of
)
)
Acct. No.: 201332100006
Ubiquiti Networks, Inc.
)
)
FRN: 0012268215
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Ubiquiti Networks,
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(a), 2.925(a), 15.19, 15.21, 15.37(l), and
15.407(h) of the Commission’s rules,2 pertaining to the marketing of certain wireless broadband network
devices.

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 Ubiquiti 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 12.
(g) “Covered Employees” means all employees and agents of Ubiquiti who perform, or
supervise, oversee, or manage the performance of, duties that relate to Ubiquiti’s
responsibilities under the Equipment Marketing Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.


1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803(a), 2.925(a), 15.19, 15.21, 15.37(l), 15.407(h).

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DA 13-295

(i) “Equipment Marketing Rules” means Section 302(b) of the Act3 and Sections 2.803,
2.925(a), 15.19, and 15.21 of the Rules4 and other Communications Laws governing
the marketing of radio frequency devices within the United States and its territories.
(j) “Investigation” means the investigation commenced by the Bureau’s November 5,
2010, letter of inquiry regarding whether the marketing of certain wireless broadband
network devices by Ubiquiti complies with the Equipment Marketing Rules.5
(k) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Ubiquiti to implement the Compliance Plan.
(l) “Parties” means Ubiquiti and the Bureau, each of which is a “Party.”
(m) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(n) “Ubiquiti” means Ubiquiti Networks, Inc., and its divisions, subsidiaries,
predecessors-in-interest, and successors-in-interest.

II.

BACKGROUND

2.
Pursuant to Section 302(b) of the Act6 and Section 2.803(a) of the Rules,7 radio
frequency devices may not be marketed in the United States unless such devices comply with the
applicable technical and administrative provisions of the Rules. 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.” 8
3.
Unlicensed National Information Infrastructure (U-NII)9 and other transmitting devices,
including wireless broadband devices, that are classified as intentional radiators under the Part 15 Rules10
generally must be authorized under the certification procedures set forth in Section 15.201(b) of the
Rules.11 Further, pursuant to Section 15.407(h) of the Rules, U-NII devices that operate in the 5.25 – 5.35
GHz and 5.470 – 5.725 GHz bands must be equipped, inter alia, with dynamic frequency selection (DFS)
capability to avoid transmitting when radar signals are detected.12


3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 2.925(a), 15.19, and 15.21.
5 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Robert
Pera, Ubiquiti Networks, Inc. (Nov. 5, 2010) (on file in EB-10-SE-093).
6 47 U.S.C. § 302a(b).
7 47 C.F.R. § 2.803(a).
8 Id. § 2.803(e)(4).
9 U-NII devices are unlicensed intentional radiators that operate in the frequency bands 5.15-5.35 GHz and 5.47-
5.825 and use wideband digital modulation techniques to provide a wide array of high data rate mobile and fixed
communications for individuals, businesses and institutions. See id. § 15.403(s).
10 Id. § 15.3(o).
11 Id. § 15.201(b).
12 Id. § 15.407(h).
2

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DA 13-295

4.
Pursuant to Section 15.37(l) of the Rules, U-NII devices operating in the 5.25 – 5.35 GHz
band for which a certification application was filed on or after July 20, 2006 must comply with the DFS
requirements if imported or marketed on or after July 20, 2007.13 Devices approved to operate in bands
such as 5.725 – 5.825 GHz pursuant to Section 15.247 of the Rules may not operate in the 5.25 – 5.35
GHz and 5.470 – 5.725 GHz bands unless the devices also have been approved under the Section
15.407.14
5.
In accordance with Section 2.925(a) of the Rules, U-NII devices and other Part 15
intentional radiators must exhibit the FCC ID number associated with the grant of equipment
authorization along with other information required by Section 15.19 of the Rules.15 In addition, the user
manual included with the device must contain the information required by Section 15.21 of the Rules.16
6.
On November 5, 2010, the Bureau issued a letter of inquiry (LOI) to Ubiquiti,17 directing
Ubiquiti to submit a sworn written response to a series of questions relating to its marketing of certain
wireless broadband network devices. Ubiquiti responded to the LOI on December 6, 2010.18 In its LOI
Response, Ubiquiti provided information relating to its marketing of two models of wireless broadband
devices operating in the 5 GHz spectrum band, the Rocket M5 and the SR5 Mini-PCI module (SR5).19
According to Ubiquiti, the Rocket M5 and the SR5, which were authorized via the Commission’s
certification procedures, operate in the 5.745 GHz – 5.825 GHz band.20 Ubiquiti asserted that the Rocket
M5 and the SR5, as configured for sale in the United States, were not U-NII devices.21 Ubiquiti
acknowledged, however, that the Rocket M5 and SR5 could be modified by end users to operate on
unauthorized frequencies, including U-NII frequencies requiring DFS capability, in violation of the
devices’ equipment authorization.22 Ubiquiti also provided information relating to whether the Rocket
M5 and SR5 were labeled in accordance with Sections 2.925(a) and 15.19 of the Rules, and whether the
user manual for the Rocket M5 contained the consumer disclosures required by Section 15.21 of the
Rules.23 The Bureau and Ubiquiti entered into tolling agreements to toll the statute of limitations.24


13 Id. § 15.37(l).
14 Id. § 15.247.
15 Id. §§ 2.925(a), 15.19.
16 Id. § 15.21.
17 See supra note 5.
18 See Letter from David E. Hilliard, Esq., Wiley Rein LLP, Counsel for Ubiquiti Networks, Inc., to Marlene H.
Dortch, Secretary, Federal Communications Commission (Dec. 6, 2010) (on file in EB-10-SE-093) (LOI Response).
19 See LOI Response at 4, 9.
20 Id. at 7, 11.
21 See id.
22 See id. See also FCC Enforcement Advisory, TDWR and U-NII Devices, DA 12-459 (Sept. 27, 2012);
Memorandum from Julius Knapp, Chief, FCC Office of Engineering and Technology, and P. Michele Ellison, Chief,
FCC Enforcement Bureau, to Manufacturers and Operators of Unlicensed 5 GHz Outdoor Network Equipment Re:
Elimination of Interference to Terminal Doppler Weather Radar (TDWR) (dated July 27, 2010), available at
http://www.fcc.gov/encyclopedia/weather-radar-interference-enforcement.
23 See id. at 8, 12.
24 See, e.g., Tolling Agreement Extension, File No. EB-10-SE-093, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Robert J. Pera, Chief Executive Officer,
Ubiquiti Networks, Inc. (Mar. 1, 2013) (on file in EB-10-SE-093).
3

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DA 13-295

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

. Ubiquiti 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
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, Ubiquiti 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 Ubiquiti 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 Ubiquiti with respect to Ubiquiti’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, Ubiquiti
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 Ubiquiti 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 Equipment Marketing Rules prior to assuming his/her duties.
12.

Compliance Plan

. For purposes of settling the matters set forth herein, Ubiquiti 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, Ubiquiti shall
implement the following procedures:
(a)

Operating Procedures on Equipment Marketing

. Within sixty (60) calendar
days after the Effective Date, Ubiquiti shall establish Operating Procedures that all
Covered Employees must follow to help ensure Ubiquiti’s compliance with the
Equipment Marketing Rules. Ubiquiti’s Operating Procedures shall include
internal procedures and policies specifically designed to ensure that prior to the
4

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DA 13-295

initiation of marketing (as such term is defined in Section 2.803 of the Rules25), all
unlicensed intentional radiators, including wireless broadband devices, and other
radio frequency devices to be marketed by Ubiquiti, have been appropriately
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.
(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 administrative requirements relating to equipment
labeling and consumer disclosure, and set forth the Operating Procedures that
Covered Employees shall follow to help ensure Ubiquiti’s compliance with the
Equipment Marketing Rules. Ubiquiti shall periodically review and revise the
Compliance Manual as necessary to ensure that the information set forth therein
remains current and complete. Ubiquiti shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. Ubiquiti 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 Ubiquiti’s obligation to report any
noncompliance with the Equipment Marketing Rules under paragraph 13 of this
Consent Decree and shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within 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. Ubiquiti 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.
(d)

Product Specific Actions

. In order to help prevent end users from modifying its 5
GHz band Rocket M series products (i.e., the Rocket M5 and Rocket M5 GPS), its
SR5 models, and other Ubiquiti transceiver devices to operate on unauthorized
frequencies and to reduce incidents of such devices causing prohibited interference
to radio communications services critical to public safety, Ubiquiti agrees to take
the following steps:
(i)
Ubiquiti shall maintain, update as necessary, and continue to market in the
United States “U.S.-only” versions of the Rocket M5 and Rocket M5 GPS
(each to be identified by a U.S. stock keeping unit) that will not permit users
to operate the devices on unauthorized frequencies in violation of the
devices’ equipment authorizations;
(ii)
with respect to earlier versions of the Rocket M5 and Rocket M5 GPS that
could be modified by end users inconsistent with the devices’ authorizations,
Ubiquiti shall continue to offer, and to actively promote, the download of
new operating system software designed to ensure that these devices cannot


25 See supra note 8.
5

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DA 13-295

be modified to operate on unauthorized frequencies and are otherwise
operated in a configuration that is compliant with the devices’ equipment
authorizations;
(iii)
within sixty (60) calendar days after the Effective Date, Ubiquiti shall
implement a trade-in program by which users of transceivers that have been
constructed in “building block” fashion using the SR5 or any other Atheros-
based system using the basic semiconductor line up employed by the SR5
will be offered a replacement transceiver, currently designated by Ubiquiti as
the Ubiquiti Bullet M5. The replacement transceiver shall be configured
with software designed to ensure that the operating parameters of the
transceiver cannot be modified in a manner inconsistent with the device’s
equipment authorization. Ubiquiti shall provide the replacement transceiver
device free of charge upon receipt by Ubiquiti or its designated fulfillment
centers of a transceiver incorporating the SR5 or other Atheros-based
semiconductor;
(iv)
for future Ubiquiti products that are to be marketed in the United States,
Ubiquiti shall continue to develop transceiver models (each identified by a
U.S. stock keeping unit) that are configured with software designed to ensure
that the transceiver’s operating parameters cannot be modified in a manner
inconsistent with the device’s equipment authorization; and
(v)
within thirty (30) calendar days after the Effective Date, Ubiquiti shall
prominently display on the Compliance and Knowledgebase portions of its
public website information describing the U.S. regulatory requirements
applicable to its wireless broadband devices, including (a) a link to the
Bureau’s Weather Radar Interference Enforcement webpage (currently
available at http://www.fcc.gov/encyclopedia/weather-radar-interference-
enforcement) or any comparable replacement webpage posted by the Bureau;
(b) a description of the restrictions and requirements applicable to devices
authorized under Sections 15.247 and 15.407 of the Rules; and (c) a
notification to purchasers and users that the modification of wireless
broadband and other transceiver devices to operate on unauthorized
frequencies is a violation of FCC rules and may result in unlawful
interference to radio communications services critical to public safety. In
addition, Ubiquiti shall periodically communicate this information to
consumers and distributors through industry conferences, trade shows or
other comparable forums.
13.

Reporting Noncompliance

. Ubiquiti 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 Ubiquiti 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
Ubiquiti has taken or will take to prevent the recurrence of any such noncompliance. Ubiquiti shall
supplement any initial report of noncompliance submitted pursuant to this paragraph 13 with relevant
information not previously available from its foreign suppliers no later than fifteen (15) calendar days
after the date such initial report is filed. All reports of non-compliance, and any supplements thereto,
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
6

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DA 13-295

submitted electronically to Linda M. Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
Ricardo.Durham@fcc.gov.

14.

Compliance Reports

. Ubiquiti 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 Ubiquiti’s efforts
during the relevant period to comply with the terms and conditions of this Consent
Decree and the Equipment Marketing Rules (including the number of software
downloads completed and replacement transceivers issued under paragraphs
12(d)(ii) and 12(d)(iii) above). In addition, each Compliance Report shall include a
certification by the Compliance Officer, as an agent of and on behalf of Ubiquiti,
stating that the Compliance Officer has personal knowledge that Ubiquiti (i) has
established and implemented the Compliance Plan; (ii) has utilized the Operating
Procedures since the implementation of the Compliance Plan; and (iii) is not aware
of any instances of noncompliance with the terms and conditions of this Consent
Decree, including the reporting obligations set forth in paragraph 13 hereof.
(b)
The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16 of the
Rules and be subscribed to as true under penalty of perjury in substantially the
form set forth therein.26
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of Ubiquiti, 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 Ubiquiti 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 Ubiquiti 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 Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, DC 20554, with a copy submitted electronically to Linda
M. Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
Ricardo.Durham@fcc.gov.
15.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 11
through 14 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
16.

Voluntary Contribution

. Ubiquiti agrees that it will make a voluntary contribution to
the United States Treasury in the amount of twelve thousand dollars ($12,000) within thirty (30) calendar
days after the Effective Date. Ubiquiti shall also send electronic notification of payment to Linda Nagel
at Linda.Nagel@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


26 47 C.F.R. § 1.16.
7

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submitted.27 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 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 –
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.

Waivers

. Ubiquiti 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. Ubiquiti 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 Ubiquiti nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and Ubiquiti shall waive any statutory
right to a trial de novo. Ubiquiti hereby agrees to waive any claims it may otherwise have under the
Equal Access to Justice Act,28 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 Ubiquiti does not expressly
consent) that provision will be superseded by such Rule or Commission order.
20.

Successors and Assigns

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


27 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
28 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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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
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
Ubiquiti represents and warrants that he is authorized by Ubiquiti to execute this Consent Decree and to
bind Ubiquiti 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.
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.
_______________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Robert Pera
President and Chief Executive Officer
Ubiquiti Networks, Inc.
________________________________
Date
9

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