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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Nos.: EB-10-CG-0011
) EB-10-LA-0001
)
ReconRobotics, Inc. ) Acct. No.: 201132320004
)
) FRN: 0016022279
ORDER
Adopted: July 12, 2011 Released: July 13, 2011
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("FCC" or "Commission") and ReconRobotics, Inc.
("ReconRobotics"). The Consent Decree terminates an investigation by the
Bureau into whether ReconRobotics violated section 302a(b) of the
Communications Act of 1934, as amended ("Act"), and section 2.803 of the
Commission's rules ("Rules"), regarding the manufacturing, marketing,
distributing, and selling of radio frequency transmitters.
2. The Bureau and ReconRobotics have negotiated the terms of a Consent
Decree that resolve 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 ReconRobotics 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 and certified mail, return receipt requested,
to counsel for ReconRobotics, Inc., Mitchell Lazarus, Fletcher, Heald &
Hildreth, P.L.C., 1300 North 17th Street 11th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director
Northeast Region Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Nos. EB-10-CG-0011
) EB-10-LA-0001
)
ReconRobotics, Inc. ) Acct. No.: 201132320004
)
) FRN No. 0016022279
CONSENT DECREE
1. The Enforcement Bureau and ReconRobotics, Inc., by their authorized
representatives, hereby enter into this Consent Decree for the purpose
of terminating the Enforcement Bureau's investigation into whether
ReconRobotics, Inc. violated section 302a(b) of the Communications Act
of 1934, as amended ("Act"), and section 2.803 of the Commission's
rules, regarding the manufacturing, marketing, distributing, and
selling of radio frequency transmitters.
I. DEFINITIONS
2. 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. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 9.
f. "Investigation" means the investigation initiated by the Bureau's
March 15, 2010 letter of inquiry regarding possible violations by
ReconRobotics of section 302a(b) of the Act and section 2.803(a)(1)
of the Rules.
g. "ReconRobotics" or "the Company" means ReconRobotics, Inc. and its
subsidiaries and their predecessors-in-interest and
successors-in-interest.
h. "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms of this Consent Decree without change, addition, deletion, or
modification.
i. "Parties" means ReconRobotics and the Bureau, and each is a "Party."
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
3. Section 302a(b) of the Act and section 2.803(a)(1) of the Rules
prohibit the marketing of radio frequency devices in the United States
unless such devices comply with the applicable technical and
administrative provisions of the Rules.
4. On March 15, 2010, in response to a complaint alleging that the
Company had unlawfully marketed the Recon Scout surveillance device
before receiving an equipment certification from the Commission, the
Bureau's Chicago Field Office issued a letter of inquiry ("LOI") to
ReconRobotics. The Recon Scout is a remote-controlled, maneuverable
surveillance robot operating in the 420-450 MHz band. The LOI directed
ReconRobotics to respond to a series of questions regarding the
manufacturing, marketing, distributing, and selling of the Recon Scout
surveillance device. ReconRobotics responded to the LOI on April 23,
2010 and ReconRobotics and the Bureau subsequently entered into
settlement discussions.
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
without change, addition, modification, or deletion.
6. Jurisdiction. ReconRobotics 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.
7. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date. 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.
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 terminate the
Investigation. In consideration for the termination of the
Investigation, ReconRobotics 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 ReconRobotics, or any party engaged
in the evaluation of ReconRobotics's products, 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
ReconRobotics with respect to ReconRobotics's basic qualifications,
including its character qualifications, to be a Commission licensee or
to hold Commission licenses or authorizations.
9. Compliance Plan. For purposes of settling the matters set forth
herein, ReconRobotics agrees, within thirty (30) days of the Effective
Date, to create and maintain a Compliance Plan related to future
compliance with the Act and the Rules and orders concerning the
manufacturing, marketing, distribution, and selling of radio frequency
devices. The Compliance Plan will include, at a minimum, the following
components:
(a) Training. Within sixty (60) days of the Effective Date, ReconRobotics
will implement and conduct a training program for all of its employees
responsible for the development, marketing, and sourcing of radio
frequency devices by ReconRobotics in the United States. New employees, or
reassigned employees who take on such responsibilities, will be provided
such training within 30 days of hiring or reassignment.
(b) Compliance Officer. ReconRobotics shall designate a Compliance
Officer within thirty (30) days of the Effective Date. The Compliance
Officer shall be responsible for administering the Compliance Plan and
shall be the individual with central responsibility for overseeing
ReconRobotics's compliance with the Compliance Plan and with the Act and
the Rules and orders.
(c) Review and Monitoring. ReconRobotics shall review the Compliance
Training Program to ensure that it continues to ensure compliance with the
Act and the Commission's Rules and orders pertaining to the development,
marketing and sourcing of radio frequency devices. ReconRobotics shall
update the Compliance Training Program as necessary and appropriate, and
in the event of changes and/or additions to the relevant Rules and orders
shall update the Compliance Training Program within thirty (30) days after
the effective date of any such change or addition.
(d) Compliance Reports. ReconRobotics shall file Compliance Reports with
the Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, and twenty-four (24) months after the
Effective Date. ReconRobotics also shall disclose any failure to comply
with the terms and conditions of this Consent Decree within fifteen (15)
business days after discovery of such failure to comply.
1. Each Compliance Report shall include assertions by ReconRobotics
that it:
a. has established operating procedures intended to ensure
compliance with the terms and conditions of this Consent
Decree and with the relevant sections of the Rules, together
with an accompanying statement explaining the basis for the
assertion;
b. has been utilizing these procedures for the entire term of the
Compliance Plan;
c. has disclosed any known instances of non-compliance with this
Compliance Plan discovered during the reporting period; and
d. has addressed any instances of non-compliance and taken steps
to remedy the cause thereof.
2. Each Compliance Report must be supported by the declaration of an
officer as an agent of and on behalf of ReconRobotics with personal
knowledge of the representations provided in the report, verifying
the truth and accuracy of the information. The declaration must
comply with section 1.16 and be subscribed to as true under penalty
of perjury in substantially the same form set forth therein.
3. Any instance of non-compliance with the Compliance Plan disclosed
in the report shall provide:
a. a detailed explanation of the non-compliance;
b. the steps ReconRobotics has taken to remedy the non-compliance
and ensure future compliance; and
c. the schedule on which the proposed remedial actions will be
taken.
(e) Filing. All Compliance Reports and other disclosures required by this
Consent Decree shall be submitted to Sharon Webber, Regional Counsel,
Northeast Region, Enforcement Bureau, Federal Communications Commission,
One Oxford Valley Office Building, Room 404, 2300 East Lincoln Highway,
Langhorne, PA 19047. ReconRobotics must also transmit a copy of the
reports via email to NER-Response@fcc.gov.
10. Termination Date. Unless stated otherwise, the requirements of
paragraph 9 of this Consent Decree will expire twenty-four (24) months
after the Effective Date.
11. Voluntary Contribution. ReconRobotics agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
seventeen thousand five hundred dollars ($17,500). The payment will be
made within thirty (30) calendar days after the Effective Date. 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 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). ReconRobotics will also send
electronic notification to NER-Response@fcc.gov on the date said
payment is made.
12. Waivers. ReconRobotics 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. ReconRobotics 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 ReconRobotics nor the Commission shall contest
the validity of the Consent Decree or the Adopting Order, and
ReconRobotics shall waive any statutory right to a trial de novo.
ReconRobotics 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.
13. Invalidity. In the event that this Consent Decree is rendered invalid
by a court of competent jurisdiction, it shall become null and void
and may not be used in any manner in any legal proceeding.
14. 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 ReconRobotics does not expressly
consent) that provision will be superseded by such Rule or order.
15. Successors and Assigns. ReconRobotics agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
transferees.
16. Final Settlement. 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.
17. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
18. 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.
19. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
20. 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.
_______________________________
G. Michael Moffitt
Regional Director
Northeast Region
Enforcement Bureau
________________________________
Date
________________________________
Alan Bignall
President and CEO
ReconRobotics, Inc.
________________________________
Date
47 U. S. C. S: 302a(b).
47 C.F.R. S:S: 2.803(a)(1).
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)(1).
Letter from Mr. James M. Roop, District Director, Chicago Office,
Northeast Region, Enforcement Bureau to Alan Bignall, President and CEO,
ReconRobotics, Inc. (March 15, 2010).
47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a)(1).
See LOI, n.3 supra.
Letter from Mitchell Lazarus and Christine E. Goepp, Counsel for
ReconRobotics, Inc., to Mr. James M. Roop, District Director, Chicago
Office, Northeast Region, Enforcement Bureau (April 23, 2010).
Federal Communications Commission DA 11-1188
2
Federal Communications Commission DA 11-1188
DRAFT Federal Communications Commission DA 11 - XX
6