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Wal-Mart.com to Pay $120K to Resolve Wireless Mic Marketing Probe

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Released: March 31, 2014

Federal Communications Commission

DA 14-381

Before the

Federal Communications Commission

Washington, DC 20554

)
In the Matter of
)
File No.: EB-SED-13-000091671
)
Wal-Mart.com USA, LLC, a wholly-owned
)
NAL/Acct. No.: 201432100014
subsidiary of
)
Wal-Mart Stores, Inc.
)
FRN: 0023472772
)

ORDER

Adopted: March 31, 2014

Released: March 31, 2014

By the Deputy Chief, Enforcement Bureau:
1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has settled its investigation into whether Wal-Mart.com USA, LLC (Wal-Mart.com USA)
complied with the Commission’s rules pertaining to the marketing of certain wireless microphones.
Under these rules, retailers must ensure that wireless microphones are properly authorized and include at
the point of sale a consumer alert notifying consumers of specific conditions and restrictions applicable to
the operation of such devices. In response to the Commission’s investigation, Wal-Mart.com USA
acknowledged that it had not previously included on its website the required consumer alert and that a
supplier had not obtained an equipment authorization for one wireless microphone model until after it was
offered for sale. The company agreed to implement a robust three-year plan to ensure future compliance
with these requirements.
2.
In this Order, we adopt the attached Consent Decree entered into between the Bureau
Wal-Mart.com USA. The Consent Decree resolves and terminates the Bureau’s investigation into Wal-
Mart.com USA’s compliance with Section 302(b) of the Communications Act of 1934, as amended
(Act),2 and Sections 2.803, 15.201(b), and 15.216 of the Commission’s rules (Rules)3 pertaining to the
marketing of certain wireless microphone models.
3.
The Bureau and Wal-Mart.com USA have negotiated the Consent Decree that resolves
this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference.
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 Wal-Mart.com USA


1 The investigation initiated under File No. EB-10-SE-078 was subsequently assigned File No. EB-SED-13-
00009167. Any future correspondence with the FCC concerning this matter should reflect the new case number,
File No. EB-SED-13-00009167.
2 47 U.S.C. § 302a(b).
3 47 C.F.R. §§ 2.803, 15.201, 15.216.

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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,4 and Sections 0.111 and 0.311 of the Rules,5 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 Kelly A. Thompson, Senior Vice
President, Wal-Mart.com USA, LLC, 850 Cherry Ave., San Bruno, CA 94066, and to Gregory E. Kunkle,
Esq., Keller and Heckman LLP, Counsel to Wal-Mart.com USA, LLC, 1001 G Street, N.W., Suite 500
West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
David B. Kolker
Deputy Bureau Chief, Enforcement Bureau


4 47 U.S.C. §§ 154(i), 154(j), 503(b).
5 47 C.F.R. §§ 0.111, 0.311.
2

Federal Communications Commission

DA 14-381

Before the

Federal Communications Commission

Washington, DC 20554

)
In the Matter of
)
File No.: EB-SED-13-000091671
)
Wal-Mart.com USA, LLC, a wholly-owned
)
NAL/Acct. No.: 201432100014
subsidiary of
)
Wal-Mart Stores, Inc.
)
FRN: 0023472772
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Wal-Mart.com USA,
LLC,2 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,3 and Sections 2.803, 15.201(b), and 15.216 of the
Commission’s rules4 pertaining to the marketing of certain wireless microphone models.

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 Wal-Mart.com
USA 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 10.


1 This investigation initiated under File No. EB-10-SE-078 was subsequently assigned File No. EB-SED-13-
00009167. Any future correspondence with the FCC concerning this matter should reflect the new case number,
File No. EB-SED-13-00009167.
2 Wal-Mart.com USA, LLC, a wholly-owned subsidiary of Wal-Mart Stores, Inc. (Wal-Mart Stores), is an online
retailer that operates an online retail website, www.walmart.com.
3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 15.201(b), 15.216.

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(g) “Covered Employees” means all employees and agents of Wal-Mart.com USA who
perform, or supervise, oversee, or manage the performance of duties that relate to
Wal-Mart.com USA’s responsibilities under the Equipment Marketing Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(i) “Equipment Marketing Rules” means Section 302(b) of the Act;5 Sections 2.803,
15.201(b), and 15.216 of the Rules;6 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 inquiry7 regarding whether Wal-Mart.com USA’s marketing of
certain wireless microphones on Wal-Mart Store’s online retail website,
walmart.com, complies with the Equipment Marketing Rules.
(k) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Wal-Mart.com USA to implement the
Compliance Plan.
(l) “Parties” means Wal-Mart.com USA 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) “Wal-Mart.com USA” means Wal-Mart.com USA, LLC, a wholly-owned subsidiary
of Wal-Mart Stores, Inc., its predecessors-in-interest and successors-in-interest.

II.

BACKGROUND

2.
Pursuant to Section 302(b) of the Act8 and Section 2.803(b) of the Rules,9 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(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.”10
Pursuant to Section 15.201 of the Rules,11 intentional radiators,12 such as wireless microphones, must be


5 47 U.S.C. § 302a(b).
6 47 C.F.R. §§ 2.803, 15.201(b), 15.216.
7 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Jeffrey
J. Gearhart, Executive Vice President, General Counsel and Corporate Secretary, Wal-Mart Stores, Inc. (Nov. 5,
2010) (on file in EB-SED-13-00009167).
8 47 U.S.C. § 302a(b).
9 47 C.F.R. § 2.803(b).
10 Id. § 2.803(a).
11 See id. § 15.201(b).
12 An intentional radiator is a “device that intentionally generates and emits radio frequency energy by radiation or
induction.” Id. § 15.3(o).
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authorized in accordance with the Commission’s certification procedures described in Sections 2.1031–
2.1060 of the Rules prior to the initiation of marketing in the United States.13
3.
As part of the Commission’s efforts to clear the 700 MHz band for use by public safety
and commercial licensees, the Commission prohibited the manufacture, importation, sale, lease, offer for
sale or lease, or shipment of wireless microphones and other low power auxiliary stations14 intended for
use in the 700 MHz band in the United States.15 In light of this prohibition, the Commission required that
a consumer alert be displayed at the point of sale or lease of low power auxiliary stations, including
wireless microphones, capable of operating in the core TV bands to ensure that users operate those
devices in compliance with the Commission’s rules and policies.16 Specifically, Section 15.216(a)(1) of
the Rules states that any person who manufacturers, sells, or offers for sale or lease wireless microphones
and other low power auxiliary stations capable of operating in the core TV bands must display “in a clear,
conspicuous, and readily legible manner” the following consumer alert (Consumer Alert) at the point of
sale or lease of each such device.17

Consumer Alert

Most users do not need a license to operate this wireless microphone system.
Nevertheless, operating this microphone system without a license is subject to certain
restrictions: The system may not cause harmful interference; it must operate at a low
power level (not in excess of 50 milliwatts); and it has no protection from interference
received from any other device. Purchasers should also be aware that the FCC is currently
evaluating use of wireless microphone systems, and these rules are subject to change. For
more information, call the FCC at 1-888-CALL-FCC (TTY: 1-888-TELL-FCC) or visit the
FCC’s wireless microphone Web site at http://www.fcc.gov/cgb/wirelessmicrophones.18
For wireless microphones that are offered for sale or lease online or via direct mail or catalog, the
Consumer Alert “must be prominently displayed in close proximity to the images and descriptions of each
wireless microphone.”19


13 See id. §§ 2.1031–2.1060.
14 Low power auxiliary stations are intended to transmit over distances of approximately 100 meters for uses such as
wireless microphones, cue and control communications, and synchronization of TV camera signals. See id. §
74.801.
15 See Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band,
Report and Order and Further Notice of Proposed Rulemaking, 25 FCC Rcd 643, 672, para. 59 (2010) (Wireless
Microphone Report and Order
); see also 47 C.F.R. § 74.851. The Commission also required that all low power
auxiliary stations, including wireless microphones, cease operations in the 700 MHz band no later than June 12,
2010. See Wireless Microphone Report and Order, 25 FCC Rcd at 662–63, para. 36. See also Wireless
Microphones Are Not Permitted to Operate on Certain Frequencies after June 12, 2010; Users are Urged to Check
Their Equipment and Take Necessary Steps to Ensure Compliance
, Enforcement Advisory, 25 FCC Rcd 7409 (Enf.
Bur. 2010).
16 See Wireless Microphone Report and Order, 25 FCC Rcd at 688, para. 95. The Commission defined “point of
sale or lease” as “the place where wireless microphones and other low power auxiliary stations are displayed or
offered for consumers to purchase or lease.” Id. at 689, n.280.
17 47 C.F.R. § 15.216(a)(1).
18 Id. (Appendix to § 15.216—Consumer Alert).
19 Wireless Microphone Report and Order, 25 FCC Rcd at 689, para. 100; see also 47 C.F.R. § 15.216(a)(2), (3).
3

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4.
On November 5, 2010, the Bureau’s Spectrum Enforcement Division (Division) issued a
letter of inquiry (LOI) to Wal-Mart Stores, directing Wal-Mart Stores to submit a sworn written response
to a series of questions relating to its marketing of wireless microphones.20 Wal-Mart Stores responded to
the LOI on December 20, 2010.21 In the LOI Response, Wal-Mart Stores stated that it does not market
wireless microphones in its retail stores and that such devices are marketed exclusively on Wal-Mart.com
USA’s online website, www.walmart.com.22 The LOI Response further indicated that Wal-Mart.com
USA requires wholesalers and distributors that supply wireless microphones that are marketed on
www.walmart.com to comply with all applicable FCC requirements.23 According to the LOI Response,
Wal-Mart.com USA did not post the Consumer Alert on www.walmart.com in connection with the
marketing of wireless microphones until November 17, 2010,24 after its receipt of the LOI. In response to
a subsequent inquiry from the Division, Wal-Mart.com USA reported that the supplier of one of the
wireless microphone models offered on www.walmart.com had not secured an equipment authorization
for the device until after the device was offered for sale.25 The Bureau and Wal-Mart.com USA executed
tolling agreements to toll the statute of limitations,26 and subsequently agreed to negotiate a settlement.

III.

TERMS OF AGREEMENT

5.

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.
6.

Jurisdiction

. Wal-Mart.com USA 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.
7.

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.
8.

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


20 See supra note 7.
21 See Letter from Wesley Wright, Counsel for Wal-Mart Stores, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission (Dec. 20, 2010) (on file in EB-SED-13-00009167) (LOI Response).
22 See id., Attachment at 2, 6. According to the LOI Response, none of the wireless microphone models marketed
on www.walmart.com on or after the effective date of Section 74.851 of the Rules operated in the 700 MHz band.
See id., Attachment at 3.
23 See id, Attachment at 6.
24 See id.
25 See Letter from C. Douglas Jarrett, Keller and Heckman LLP, Counsel for Wal-Mart.com USA, LLC, to
Katherine Power, Attorney Advisor, FCC Enforcement Bureau (July 27, 2012) at 2 (on file in EB-SED-13-
00009167).
26 See, e.g., Tolling Agreement Extension, executed by and between John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau, and C. Douglas Jarrett, Keller and Heckman LLP, Counsel for
Wal-Mart.com USA LLC (Jan. 10, 2014) (on file in EB-SED-13-00009167).
4

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terminate the Investigation. In consideration for the termination of the Investigation, Wal-Mart.com USA
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 Wal-Mart.com USA
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 Wal-Mart.com USA with respect to Wal-
Mart.com USA’s basic qualifications, including its character qualifications, to be a Commission licensee
or to hold Commission licenses or authorizations.
9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, Wal-
Mart.com USA 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 Wal-Mart.com USA 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.
10.

Compliance Plan

. For purposes of settling the matters set forth herein, Wal-Mart.com
USA agrees that it shall develop and implement, as set forth in this paragraph, 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, Wal-Mart.com USA shall
implement the following procedures:
(a)

Operating Procedures on Equipment Marketing

. Within sixty (60) calendar
days after the Effective Date, Wal-Mart.com USA shall establish Operating
Procedures that all Covered Employees must follow to help ensure Wal-
Mart.com USA’s compliance with the Equipment Marketing Rules. Wal-
Mart.com USA’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(a) of the Rules27), all wireless
microphones and other radio frequency devices to be marketed by Wal-
Mart.com USA 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)
Wal-Mart.com USA displays at the point of sale of all low power auxiliary
stations capable of operating in the core TV bands, including wireless
microphones, the Consumer Alert required by Section 15.216 of the Rules.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. The Compliance Manual shall explain the Equipment
Marketing Rules, including the obligations to secure an equipment authorization
from the FCC prior to marketing wireless microphones and other radio frequency


27 See supra note 10 and accompanying text.
28 See 47 C.F.R. § 15.216.
5

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devices in the United States, and to display at the point of sale of all low power
auxiliary stations capable of operating in the core TV bands, including wireless
microphones, the Consumer Alert required by Section 15.216 of the Rules,29 and
shall set forth the Operating Procedures that Covered Employees shall follow to
help ensure Wal-Mart.com USA’s compliance with the Equipment Marketing
Rules. Wal-Mart.com USA shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein remains
current and complete. Wal-Mart.com USA shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. Within sixty (60) calendar days after the
Effective Date, Wal-Mart.com USA will begin administering a Compliance
Training Program for Covered Employees regarding compliance with the
Equipment Marketing Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of Wal-
Mart.com USA’s obligation to report any noncompliance with the Equipment
Marketing Rules under paragraph 11 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 ninety (90) 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 forty-five (45) calendar days after the date such
person becomes a Covered Employee. Wal-Mart.com USA 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.
11.

Reporting Noncompliance

. Wal-Mart.com USA 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 Wal-Mart.com USA 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 Wal-Mart.com USA has taken or will take to prevent the recurrence of any such
noncompliance. All reports of noncompliance shall be submitted in paper form 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 Pamera Hairston at Pamera.Hairston@fcc.gov.
12.

Compliance Reports

. Wal-Mart.com USA 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 Wal-Mart.com
USA’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 Wal-Mart.com USA, stating that the Compliance
Officer has personal knowledge that Wal-Mart.com USA (i) has established and


29 See id.
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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 11 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.30
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of Wal-Mart.com USA, 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 Wal-
Mart.com USA 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 Wal-Mart.com USA 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, 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 Pamera Hairston at
Pamera.Hairston@fcc.gov.
13.

Termination Date

. Unless stated otherwise, the requirements set forth in paragraphs 9
through 12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
14.

Voluntary Contribution

. Wal-Mart.com USA agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one hundred twenty thousand dollars
($120,000) within thirty (30) calendar days after the Effective Date. Wal-Mart.com USA shall also send
electronic notification of payment to Josh Zeldis at Josh.Zeldis@fcc.gov, Pamera Hairston at
Pamera.Hairston@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is
made. The payment must be made by check or similar instrument, wire transfer, or credit card and must
include the NAL/Account Number and FRN referenced above. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted.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 Wal-Mart.com USA should
follow based on the form of payment it selects:
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


30 See id. § 1.16.
31 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
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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 Wal-Mart.com USA 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.
15.

Waivers

. Wal-Mart.com USA 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. Wal-Mart.com USA 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 Wal-Mart.com
USA nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and
Wal-Mart.com USA shall waive any statutory right to a trial de novo. Wal-Mart.com USA 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.
16.

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.
17.

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 Wal-Mart.com USA does not
expressly consent) that provision will be superseded by such Rule or Commission order.
18.

Successors and Assigns

. Wal-Mart.com USA agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
19.

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.
20.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
21.

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.


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.
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22.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Wal-Mart.com USA represents and warrants that she is authorized by Wal-Mart.com USA to execute this
Consent Decree and to bind Wal-Mart.com USA 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.
23.

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
_____________________________
Kelly A. Thompson
Senior Vice President
Wal-Mart.com USA, LLC &
Wal-Mart Stores, Inc.
_____________________________
Date
9

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