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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of File No. EB-06-SE-349
)
Communications Specialists, Inc. NAL/Acct. No. 200732100005
)
Orange, CA FRN # 0001520170
)
ORDER
Adopted: February 27, 2007 Released: March 1, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and Communications Specialists, Inc.
("CSI"). The Consent Decree terminates the forfeiture proceeding
initiated by the Spectrum Enforcement Division of the Enforcement
Bureau against CSI for its possible violations of Section 302(b) of
the Communications Act of 1934, as amended ("Act"), and Section
2.803(a)(1) of the Commission's Rules ("Rules").
2. The Enforcement Bureau and CSI have negotiated the terms of a Consent
Decree that would resolve this matter and terminate the forfeiture
proceeding. A copy of the Consent Decree is attached hereto and
incorporated by reference.
3. Based on the record before us, we conclude that no substantial or
material questions of fact exist with respect to this matter as to
whether CSI possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the forfeiture proceeding.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,
and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree
IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture
proceeding IS TERMINATED.
7. IT IS FURTHER ORDERED that CSI shall make its voluntary contribution
to the United States Treasury, as specified in the Consent Decree, by
credit card through the Commission's Debt and Credit Management Center
at (202) 418-1995, or by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to the
Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon Bank/LB
358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment
by wire transfer may be made to ABA Number 043000261, receiving bank
Mellon Bank, and account number 911-6106.
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 Albert Spencer Porter, President, Communications
Specialists, Inc., 426 West Taft Avenue, Orange, CA 92865-4296, and to
Ramsey L. Woodworth, Esq., Irwin, Campbell & Tannenwald, P.C., 1730
Rhode Island Avenue, NW, Suite 200, Washington, DC 20036-3101.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission"), and Communications Specialists, Inc. ("CSI"), by their
authorized representatives, hereby enter into this Consent Decree
regarding possible violations of Section 302(b) of the Communications Act
of 1934, as amended ("Act"), and Section 2.803(a)(1) of the Commission's
Rules ("Rules") concerning CSI's marketing of a certain radio frequency
device known as the PT-1 "Petlocator" transmitter.
I. BACKGROUND
1. On April 20, 2004, CSI was issued a grant of equipment certification
for the PT-1 Petlocator transmitter under the FCC Identifier CFXPT-1.
2. On July 28, 2006, the Commission's Office of Engineering and
Technology ("OET") Laboratory requested a sample unit of CSI's PT-1
Petlocator transmitter, which CSI promptly provided. Thereafter, on
October 3, 2006, the Bureau by letter advised CSI that testing
conducted by OET indicated that the sample unit substantially exceeded
radiated emission limits for intentional radiators specified by
Section 15.209 of the Rules and did not comply with the periodic
operation limits set forth in Section 15.231 of the Rules, and
requested further information with respect to the sale and marketing
of the device. CSI promptly provided all information requested on
October 10, 2006.
3. On November 22, 2006, the Bureau's Spectrum Enforcement Division
released a Notice of Apparent Liability for Forfeiture ("NAL") to CSI
in the amount of $7,000 for apparent willful and repeated violation of
Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
II. DEFINITIONS
4. For the purposes of this Consent Decree the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended U.S.C. SS 151
et seq.;
b. "Adopting Order" means an order of the Bureau adopting the terms and
conditions of this Consent Decree;
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
d. "Commission" means the Federal Communications Commission;
e. "Compliance Plan" means the processes and procedures developed by CSI
to ensure compliance with the Communications Act and the Commission's
Rules regarding the sale or offering for sale of radio frequency
devices, as summarized in this Consent Decree;
f. "CSI" means Communications Specialists, Inc.;
g. "Enforcement Proceeding" means the investigation of the alleged Rule
violations by CSI culminating in the Notice of Apparent Liability for
Forfeiture;
h. "Effective Date" means the date the Bureau releases the Adopting
Order;
i. "Notice of Apparent Liability for Forfeiture" or "NAL" means
Communications Specialists, Inc., Notice of Apparent Liability, 21 FCC
Rcd 13532 (Enf. Bur., Spectrum Enf. Div., 2006);
j. "Parties" means CSI and the Bureau; and
k. "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. TERMS OF AGREEMENT
5. 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. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. CSI and the Bureau represent and
warrant that its signatory is duly authorized to enter into this
Consent Decree on its behalf. Upon release, the Adopting Order and
this Consent Decree shall have the same force and effect as any other
final order of the Commission and any violation of the terms or
conditions of this Consent Decree shall constitute a violation of a
Commission order.
7. CSI acknowledges that the Bureau has jurisdiction over it and the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
8. The Parties waive any and all rights they 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 that the Adopting Order adopts the
Consent Decree without change, addition or modification.
9. CSI waives any rights it may have under any provision of the Equal
Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
relating to the matters discussed in this Consent Decree.
10. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or
determination of any compliance or noncompliance by CSI with the Act
or the Rules. The Parties further agree that this Consent Decree is
for settlement purposes only and that by agreeing to the Consent
Decree, CSI does not admit or deny any noncompliance, violation, or
liability associated with or arising from its acts or omissions
involving the Act or the Rules that are the subject of this Consent
Decree.
11. In express reliance on the covenants and representations in this
Consent Decree, the Bureau agrees to terminate the Enforcement
Proceeding.
12. CSI agrees that, as of the Effective Date of this Consent Decree, it
will implement the following FCC Regulatory Compliance Plan:
a. CSI agrees to cease the sale and marketing of the PT-1 "Petlocator"
transmitter in the United States and consents to the cancellation by
the Commission of the equipment authorization, FCC Identifier,
CFXPT-1, granted April 20, 2004, for the equipment. CSI agrees to not
sell or market the device in the United States unless or until the
device has been retested by an independent accredited testing
laboratory and recertified by the Commission.
b. Should the PT-1 "Petlocator" transmitter be recertified for sale
within the United States, CSI will implement specific product quality
control manufacturing procedures to ensure that all units of the
product manufactured by CSI conform to the parameters of the FCC
certification and manufacturing standards set forth in Section 2.931
0f the Commission's rules.
c. Compliance Officer. CSI will place compliance with this Consent Decree
under the direct supervision of CSI's President, Mr. Albert Spencer
Porter.
d. Written Advisory. Within 45 days of the Effective Date of the Consent
Decree, the Compliance Officer will send a written advisory on Parts 2
and 15 of the FCC's Rules and the requirements of the Consent Decree
to each officer and employee of CSI who have or will have
responsibilities related to the design, development, testing,
marketing, and distribution of radiofrequency products on behalf of
CSI.
e. Employee Training. CSI will train and provide materials concerning
Parts 2 and 15 of the FCC's Rules and the requirements of the Consent
Decree to all of its employees who are involved directly or indirectly
in the design, development, testing, marketing, and distribution of
radiofrequency products. Specifically, CSI will, within 60 days of the
Effective Date of the Consent Decree, conduct a training program
regarding:
(1) compliance with the technical requirements of Part 15 of the FCC's
Rules in the design and manufacture of radio frequency equipment;
(2) compliance with Part 2 of the FCC's Rules regarding the sale,
marketing, and distribution of radio frequency equipment; and
(3) the requirements of the Consent Decree.
New employees who are involved directly or indirectly in the design,
development, testing, marketing, and distribution of radiofrequency
products will be trained within 60 days of being hired. Existing employees
who are reassigned to jobs with such responsibilities will be trained
within 60 days of reassignment. All employees who are involved directly or
indirectly in the design, development, testing, marketing, and
distribution of radiofrequency products will receive "refresher" training
at least annually.
13. The Parties acknowledge that this Consent Decree shall constitute a
final settlement between CSI and the Bureau regarding possible
violations of Section 302(b) of the Act and Section 2.803(a)(1) of the
Rules specified in the NAL. In consideration for termination by the
Bureau of the Enforcement Proceeding and in accordance with the terms
of this Consent Decree, CSI agrees to the terms set forth herein.
14. The Bureau agrees that, in the absence of new material evidence, it
will not entertain, or institute on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against CSI for the possible violations of Section 302(b) of the Act
or Section 2.803(a) of the Rules specified in the NAL. The Bureau also
agrees that, in the absence of new material evidence, it will not
initiate or recommend to the Commission any new proceeding, formal or
informal, against CSI regarding the matters that were the subject of
the Enforcement Proceeding. The Bureau further agrees that, in the
absence of new material evidence, it will not use the facts developed
in the Investigation through the Effective Date to initiate on its own
motion, or recommend to the Commission, any proceeding, formal or
informal, or take any action on its own motion against CSI with
respect to CSI's basic qualifications to hold Commission licenses or
authorizations. Nothing in this Consent Decree shall prevent the
Commission from instituting investigations or enforcement proceedings
against CSI in the event of any other alleged misconduct that violates
this Consent Decree or that violates any provision of the Act or the
Rules.
15. The Parties agree that each is required to comply with each individual
condition of this Consent Decree. Each specific condition is a
separate condition of the Consent Decree as approved. To the extent
that CSI fails to satisfy any condition, in the absence of Commission
alteration of the condition, it will be deemed noncompliant and may be
subject to possible future enforcement action with respect to such
failure to satisfy the condition.
16. The Parties also agree that any provision of this Consent Decree which
conflicts with any subsequent rule, order of general applicability or
other decision of general applicability adopted by the Commission will
be superseded by such Commission rule, order or other decision.
17. CSI agrees to make a voluntary contribution to the United States
Treasury in the amount of Five Thousand Six Hundred Dollars ($5,600)
within thirty (30) calendar days of the Effective Date. Such
contribution shall be made, without further protest or recourse, by
credit card through the Commission's Debt and Credit Management Center
at (202) 418-1995, or by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to the
Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon Bank/LB
358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment
by wire transfer may be made to ABA Number 043000261, receiving bank
Mellon Bank, and account number 911-6106. The payment should reference
NAL/Acct. No. 200732100005 and FRN 00015200170.
18. 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 CSI nor the Commission shall contest the continuing validity
of the Consent Decree or Adopting Order. The Parties agree to comply
with, defend and support the validity of this Consent Decree and the
Adopting Order in any proceeding seeking to nullify, void or otherwise
modify the Consent Decree or the Adopting Order.
19. The Parties agree that in the event that any court of competent
jurisdiction renders this Consent Decree invalid, this Consent Decree
shall become null and void and may not be used in any manner in any
legal proceeding.
20. The Parties agree that the requirements of this Consent Decree shall
expire two (2) years after the Effective Date.
21. This Consent Decree cannot be modified without the advance written
consent of all of the Parties.
22. This Consent Decree may be signed in counterparts.
For: Federal Communications Commission
Enforcement Bureau
By: __________________________ ________________________
Kris Anne Monteith Date
Chief, Enforcement Bureau
For: Communications Specialists, Inc.
By: __________________________ _________________________
Albert Spencer Porter Date
President
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 U.S.C. S 154(i).
47 C.F.R. SS 0.111, 0.311.
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
47 C.F.R. S 15.209.
47 C.F.R. S 15.231.
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to Communications Specialists, Inc. (October 3, 2006).
See Letter from Albert Spencer Porter, President, Communications
Specialists, Inc., to Thomas D. Fitz-Gibbon, Spectrum Enforcement
Division, Enforcement Bureau (October 10, 2006).
Communications Specialists, Inc., Notice of Apparent Liability for
Forfeiture, 21 FCC Rcd 13532 (Enf. Bur., Spectrum Enf. Div., 2006).
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