Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                           
     In the Matter of                                                     
                                              )   File No. EB-09-SE-096   
     Honeywell International Inc.,                                        
                                              )   Acct. No. 200932100064  
     Acting Through its Sensing and Control                               
                                              )   FRN No. 0018740217      
     Strategic Business Unit                                              
                                              )                           


                                     ORDER

   Adopted: June 11, 2009 Released: June 15, 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 Honeywell International
       Inc., acting through its Sensing and Control strategic business unit
       ("Honeywell Sensing and Control"). The Consent Decree terminates an
       investigation by the Bureau into whether Honeywell Sensing and Control
       violated Section 302(b) of the Communications Act of 1934, as amended
       ("Act"), and Sections 2.803(a) and 15.223 of the Commission's rules
       ("Rules") regarding the marketing and radio frequency emissions of the
       Honeywell Sensing and Control TMS-9000, a torque measurement device.

    2. The Bureau and Honeywell Sensing and Control 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 Honeywell Sensing and Control 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,
       and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached
       to this Order IS ADOPTED.

    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 Anthony A. Kuznik, Vice President and General Counsel,
       Honeywell Sensing and Control, 1985 Douglas Drive North, MN10-192A,
       Golden Valley, MN 55422 and to Terry G. Mahn, Esq. and Robert J.
       Ungar, 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

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                           
     In the Matter of                                                     
                                              )   File No. EB-09-SE-096   
     Honeywell International Inc.,                                        
                                              )   Acct. No. 200932100064  
     Acting Through its Sensing and Control                               
                                              )   FRN No. 0018740217      
     Strategic Business Unit                                              
                                              )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Honeywell International Inc., acting
   through its Sensing and Control strategic business unit ("Honeywell
   Sensing and Control"), by their authorized representatives, hereby enter
   into this Consent Decree for the purpose of terminating the Bureau's
   investigation into whether Honeywell Sensing and Control violated Section
   302(b) of the Communications Act of 1934, as amended ("Act"), and Sections
   2.803(a) and 15.223 of the Commission's rules ("Rules") regarding the
   marketing and RF emissions of the Honeywell Sensing and Control TMS-9000,
   a torque measurement device.

   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. S:
       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. "Honeywell Sensing and Control" means Honeywell International Inc.,
       acting through its Sensing and Control strategic business unit, and
       its parents, subsidiaries, affiliates, predecessors-in-interest and
       successors-in-interest.

    h. "Investigation" means the matter disclosed to the Bureau by Honeywell
       Sensing and Control on March 24, 2009, regarding a possible violation
       of Section 302(b) of the Act and Sections 2.803(a) and 15.223 of the
       Rules.

    i. "Parties" means Honeywell Sensing and Control and the Bureau.

    j. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    8. Pursuant to Section 302(b) of the Act and Section 2.803(a) of the
       Rules, 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.
       Further, devices operating in the band between 1.705-10 MHz must
       comply with the field strength provisions of Section 15.223 of the
       Rules.

    9. On March 24, 2009, Honeywell Sensing and Control voluntarily disclosed
       to the Bureau that a number of its TMS-9000 industrial torque sensing
       transmitters had been marketed without the required Commission
       authorization and did not meet the Commission's field strength
       requirements.

   III. TERMS OF AGREEMENT

   10. Adopting Order. The Parties agree that the provisions of the 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.

   11. Jurisdiction. Honeywell Sensing and Control 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.

   12. 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.

   13. 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. In consideration for the termination of said
       Investigation, Honeywell Sensing and Control 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 Honeywell Sensing and
       Control 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 Honeywell Sensing and Control with
       respect to Honeywell Sensing and Control's basic qualifications,
       including its character qualifications, to be a Commission licensee or
       to hold Commission licenses or authorizations.

   14. Compliance Plan. For purposes of settling the matters set forth
       herein, Honeywell Sensing and Control agrees to maintain a Compliance
       Plan related to future compliance with the Act, the Commission's
       Rules, and the Commission's Orders. The Compliance Plan will include,
       at a minimum, the following components:

    a. Replacement of Old Devices. In the event a TMS-9000 device is found to
       cause harmful interference to a licensed radio service, Honeywell
       Sensing and Control will work with the affected customer(s) to either
       reduce RF emissions of the device to within the FCC's limits or remove
       it from service.

    b. Distribution of Information. Honeywell Sensing and Control will
       distribute to the Bureau a list of customers and purchasing locations
       for the presently installed TMS torque sensing transmitters as of the
       date of this Consent Decree within 30 days of the Effective Date.

    c. Compliance Officer. Honeywell Sensing and Control will designate
       Steven Borthwick as its Agency Approvals Engineer who will serve as
       the Compliance Officer responsible for administering the compliance
       plan.

    d. Training. Honeywell Sensing and Control will provide training and
       materials concerning Parts 2, 15 and 18 of the Rules and the
       requirements of the Consent Decree to all of its employees who are
       involved directly or indirectly in the design, engineering or sale of
       its torque sensing transmitter products.

    e. Compliance Report. Honeywell Sensing and Control will file reports
       with the Commission 90 days after the Effective Date, 12 months after
       the Effective Date, and 24 months after the Effective Date. Each
       compliance report shall include a compliance certificate from an
       officer, as an agent of Honeywell Sensing and Control, stating that
       the officer has personal knowledge that Honeywell Sensing and Control
       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 the 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.

    f. Termination Date. Unless stated otherwise, the requirements of this
       Consent Decree will expire twenty-four (24) months after the Effective
       Date.

   15. Voluntary Contribution. Honeywell Sensing and Control agrees that it
       will make a voluntary contribution to the United States Treasury in
       the amount of ten thousand dollars ($10,000). 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). Honeywell Sensing and Control
       will also send electronic notification on the date said payment is
       made to Neil.McNeil@fcc.gov and Kathy.Berthot@fcc.gov.

   16. Waivers. Honeywell Sensing and Control 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. Honeywell Sensing and Control
       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 Honeywell Sensing and
       Control nor the Commission shall contest the validity of the Consent
       Decree or the Adopting Order, and Honeywell Sensing and Control shall
       waive any statutory right to a trial de novo. Honeywell Sensing and
       Control hereby agrees to waive any claims it may otherwise have under
       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 addressed in this Consent
       Decree.

   17. Invalidity. In the event that this Consent Decree in its entirely 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.

   18. 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 Honeywell Sensing and Control
       does not expressly consent) that provision will be superseded by such
       Commission rule or Order.

   19. Successors and Assigns. Honeywell Sensing and Control agrees that the
       provisions of this Consent Decree shall be binding on its successors,
       assigns, and transferees.

   20. Final Settlement. The Parties agree that this Consent Decree is for
       settlement purposes only and that by agreeing to this Consent Decree,
       Honeywell Sensing and Control 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.

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

   22. Paragraph Headings. The headings of the Paragraphs in the Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   23. Authorized Representative. Each Party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   24. 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

   __________________________

   Anup Jain

   Vice-President/General Manager

   Test and Measurement, Honeywell Sensing and Control

   __________________________

   Date

   47 U.S.C. S: 302a(b).

   47 C.F.R.. S:S: 2.803(a) and 15.223.

   47 U.S.C. S: 154(i).

   47 C.F.R. S:S: 0.111, 0.311

   47 U.S.C. S: 302a(b).

   47 C.F.R. S:S: 2.803(a) and 15.223.

   47 U.S.C. S: 302a(b).

   47 C.F.R. S: 2.803(a).

   47.C.F.R. S: 15.223.

   Federal Communications Commission DA 09-1304

   2

   Federal Communications Commission DA 09-1304

   Federal Communications Commission DA 09-1304

   5

   Federal Communications Commission DA 09-1304