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Federal Communications Commission DA 13-706
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
New Sensor Corporation, d/b/a Electro-
Harmonix
)
)
)
)
)
File No.: EB-10-SE-040
Acct. No.: 201332100011
FRN: 0022382055
ORDER
Adopted: April 22, 2013 Released: April 22, 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 New
Sensor Corporation, d/b/a Electro Harmonix (New Sensor). The Consent Decree resolves and terminates
the Bureau’s investigation into New Sensor’s compliance with Section 302(b) of the Communications Act
of 1934, as amended (Act),
1
and Sections 2.803, 2.1203, 2.1204, 2.1205, 15.19, and 15.105 of the
Commission’s rules (Rules)
2
pertaining to the marketing of digital radio frequency devices, such as bass
amplifiers, pre-amplifiers, bass pedals, digital delay and loop carriers, and vocal processors.
2. The Bureau and New Sensor 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 New Sensor 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, 2.1203, 2.1204, 2.1205, 15.19, 15.105.
3
47 U.S.C. §§ 154(i), 154(j), 503(b).
4
47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 13-706
2
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 Mike Matthews, President, New
Sensor Corporation, d/b/a Electro Harmonix, 32-33 47
th
Avenue, Long Island City, NY 11101, and to
Gerard Waldron, Esq., Covington & Burling LLP, Counsel for New Sensor Corporation, d/b/a Electro
Harmonix, 1201 Pennsylvania Ave, N.W., Washington, DC 20004-2401.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission DA 13-706
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
New Sensor Corporation, d/b/a Electro-
Harmonix
)
)
)
)
)
File No.: EB-10-SE-040
Acct. No.: 201332100011
FRN: 0022382055
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and New Sensor
Corporation, d/b/a Electro Harmonix, 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, 2.1203, 2.1204,
2.1205, 15.19, and 15.105 of the Commission’s rules
2
pertaining to the marketing of digital radio
frequency devices, such as bass amplifiers, pre-amplifiers, bass pedals, digital delay and loop carriers, and
vocal processors.
I. DEFINITIONS
For the purposes of this Consent Decree, the following definitions shall apply:1.
(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 New Sensor 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 11.
(g) “Covered Employees” means all employees and agents of New Sensor who perform,
or supervise, oversee, or manage the performance of, duties that relate to New
Sensor’s responsibilities under the Equipment Marketing Rules.
1
47 U.S.C. § 302a(b).
2
47 C.F.R. §§ 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.105.
Federal Communications Commission DA 13-706
2
(h) “Digital Device” means an unintentional radiator (device or system) as defined in
Section 15.3(k) of the Rules.
3
(i) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(j) “Equipment Marketing Rules” means Section 302(b) of the Act,
4
Sections 2.803,
2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Rules,
5
and other
Communications Laws governing the marketing of radio frequency devices within
the United States and its territories.
(k) “Investigation” means the investigation commenced by the Bureau’s September 21,
2010, letter of inquiry regarding whether the marketing of certain Digital Devices by
New Sensor complies with the Equipment Marketing Rules.
6
(l) “New Sensor” means New Sensor Corporation, d/b/a Electro-Harmonix, and its
divisions, subsidiaries, predecessors-in-interest and successors-in-interest.
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by New Sensor to implement the Compliance Plan.
(n) “Parties” means New Sensor and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
II. BACKGROUND
2. Pursuant to Section 302(b) of the Act
7
and Sections 2.803, 15.19, 15.21, and 15.105 of
the Rules,
8
certain Digital Devices may not be marketed in the United States unless the devices comply
with the applicable technical standards as well as the administrative requirements relating to equipment
labeling and consumer disclosure. 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.”
9
3. Pursuant to Sections 2.1203, 2.1204, and 2.1205 of the Rules,
10
a Digital Device may not
be imported into the United States unless the importer, ultimate consignee, or customs broker, files with
the United States Customs and Border Protection (CBP) an FCC Form 740 (or the electronic equivalent
3
Id. § 15.3(k).
4
See 47 U.S.C. § 302a(b).
5
47 C.F.R. §§ 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.
6
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Mike
Matthews, President, New Sensor Corporation (Sept. 21, 2010) (on file in EB-10-SE-040).
7
See 47 U.S.C. § 302a(b).
8
See 47 C.F.R. §§ 2.803, 15.19, 15.21, 15.105.
9
Id. § 2.803(e)(4).
10
Id. §§ 2.1203, 2.1204, 2.1205.
Federal Communications Commission DA 13-706
3
thereof) declaring that the device meets one of the import conditions set forth in Section 2.1204 of the
Rules.
11
4. New Sensor markets Digital Devices, including bass amplifiers, pre-amplifiers, bass
pedals, digital delay and loop carriers, and vocal processors. These Digital Devices are unintentional
radiators subject to authorization prior to marketing, via either the Commission’s equipment verification
or declaration of conformity procedures.
12
5. On September 21, 2010, the Bureau’s Spectrum Enforcement Division (Division) issued
a letter of inquiry (LOI) to New Sensor, directing New Sensor to submit a sworn written response to a
series of questions relating to New Sensor’s manufacture, importation, and marketing of Digital
Devices.
13
New Sensor filed its initial response to the LOI on October 21, 2010.
14
In its LOI Response,
New Sensor stated that it was not aware of either the Commission’s authorization procedures for
unintentional radiators
15
or the labeling and user manual language requirements applicable to Digital
Devices.
16
New Sensor subsequently filed various supplements to its LOI Response, submitting
additional information relevant to the Investigation.
17
New Sensor also subsequently provided
information related to its importation of certain Digital Devices and its obligation to file FCC Form 740
with CBP in connection with the importation of such Digital Devices.
18
The Bureau and New Sensor
entered into tolling agreements to toll the statute of limitations.
19
III. TERMS OF AGREEMENT
6. 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.
11
See id. §2.1204.
12
See id. § 15.101.
13
See supra note 6.
14
See Letter from Gerard J. Waldron, Counsel for New Sensor Corporation, to Marlene H. Dortch, Secretary,
Federal Communications Commission (Oct. 21, 2010) (on file in EB-10-SE-040) (LOI Response).
15
Id. at 2, Attachment at 7.
16
Id., Attachment at 7, 8.
17
See, e.g., Letter from Gerard J. Waldron, Counsel for New Sensor Corporation, to Marlene H. Dortch, Secretary,
Federal Communications Commission (Nov. 12, 2010) (on file in EB-10-SE-040); Letter from Gerard J. Waldron,
Counsel for New Sensor Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission (Sept.
26, 2011) (on file in EB-10-SE-040); Letter from Gerard J. Waldron, Counsel for New Sensor Corporation, to
Marlene H. Dortch, Secretary, Federal Communications Commission (June 1, 2012) (on file in EB-10-SE-040);
Letter from Gerard J. Waldron, Counsel for New Sensor Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (June 28, 2012) (on file in EB-10-SE-040).
18
See Letter from Gerard J. Waldron, Counsel for New Sensor Corporation, to Marlene H. Dortch, Secretary,
Federal Communications Commission (June 28, 2012) (on file in EB-10-SE-040).
19
See, e.g., Tolling Extension, executed by and between John D. Poutasse, Chief, Spectrum Enforcement Division,
FCC Enforcement Bureau, and Mike Matthews, President, New Sensor Corporation (Feb. 14, 2013) (on file in EB-
10-SE-040).
Federal Communications Commission DA 13-706
4
7. Jurisdiction. New Sensor 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.
8. 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.
9. 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, New Sensor 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 New Sensor 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 New Sensor with respect to New Sensor’s basic qualifications,
including its character qualifications, to be a Commission licensee or to hold Commission licenses or
authorizations.
10. Compliance Officer. Within thirty (30) calendar days after the Effective Date, New
Sensor 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 New Sensor 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.
11. Compliance Plan. For purposes of settling the matters set forth herein, New Sensor
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, New
Sensor shall implement the following procedures:
(a) Operating Procedures on Equipment Marketing. Within sixty (60) calendar days
after the Effective Date, New Sensor shall establish Operating Procedures that all
Covered Employees must follow to help ensure New Sensor’s compliance with the
Equipment Marketing Rules. New Sensor’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 of the Rules
20
), all
Digital Devices and other radio frequency devices to be marketed by New Sensor
comply with applicable technical standards, have been properly authorized (via the
certification, verification, or declaration of conformity procedures, as applicable), and
20
See supra para. 2.
Federal Communications Commission DA 13-706
5
comply with the applicable administrative requirements relating to equipment
labeling and consumer disclosure; (ii) New Sensor complies with the requirements of
Sections 2.1203, 2.1204, and 2.1205 of the Rules relating to the importation and
entry of Digital Devices into the United States, including the filing with the United
States Customs and Border Protection of an FCC Form 740 (or the electronic
equivalent thereof) that accurately identifies the importation condition(s) satisfied for
each such importation;
21
and (iii) New Sensor immediately discontinues marketing of
any Digital Device or other radio frequency device that it knows (or has reason to
believe) does not comply with applicable technical standards and/or have not been
properly authorized until it can verify that the device complies with the Equipment
Marketing Rules.
(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 a Digital Device and to meet all FCC requirements for the importation and
entry of such Digital Device into the United States, and set forth the Operating
Procedures that Covered Employees shall follow to help ensure New Sensor’s
compliance with the Equipment Marketing Rules. New Sensor shall periodically
review and revise the Compliance Manual as necessary to ensure that the information
set forth therein remains current and complete. New Sensor shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(c) Compliance Training Program. New Sensor 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 New Sensor’s obligation to immediately
discontinue marketing any Digital Device or radio frequency device that it knows (or
has reason to believe) does not comply with the Equipment Marketing Rules as well
as New Sensor’s obligation to report any noncompliance with the Equipment
Marketing Rules under paragraph 12 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. New Sensor 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) Compliance Guide. In order to help promote compliance by manufacturers and
retailers of Digital Devices for use in the music industry, New Sensor shall develop a
compliance guide detailing practices and procedures that such companies could use
to ensure greater compliance with the Equipment Marketing Rules (Compliance
Practices Guide).
(i) The Compliance Practices Guide shall provide a detailed explanation of the
Equipment Marketing Rules, as such rules apply to manufacturers and retailers of
21
See 47 C.F.R. §§ 2.1203, 2.1204, 2.1205.
Federal Communications Commission DA 13-706
6
digital music products, and emphasize the importance of maintaining affirmative
measures to comply with such requirements. Specifically, the Compliance
Practices Guide shall address: (A) the full scope of activities encompassed by
the term “marketing,” as that term is defined in Section 2.803(e)(4) of the Rules;
(B) the obligations to secure an equipment authorization from the FCC prior to
marketing a Digital Device and to comply with the administrative requirements
relating to equipment labeling and consumer disclosure; (C) the FCC’s
requirements for the importation and entry of such Digital Device into the United
States, including the filing with CBP of an FCC Form 740 (or the electronic
equivalent thereof) with respect to each such importation; and (D) the
enforcement exposure that entities face for violations of the Equipment
Marketing Rules. The Compliance Practices Guide also shall provide illustrative
examples of how the Equipment Marketing Rules would apply to the typical
importation and marketing of Digital Devices for use in the music industry.
(ii) New Sensor shall include the following statement on the Compliance Practices
Guide’s cover page and in its introductory section:
This Compliance Practices Guide is not an FCC publication,
nor is reviewing it a substitute for a careful and independent
assessment of the FCC’s equipment marketing rules. Rather,
the Guide provides a useful starting point for companies in
the digital music industry as they work to ensure compliance
with applicable FCC’s rules.
(iii)Within forty-five (45) days after the Effective Date, New Sensor shall submit a
draft of the Compliance Practices Guide that satisfies the requirements identified
in paragraphs 11(d)(i) and (ii) to the address and in the manner set forth in
paragraph 13(d) below.
(iv) Beginning sixty (60) calendar days after the Effective Date, New Sensor shall in
good faith use commercially reasonable efforts to (A) have a copy of the
Compliance Practices Guide posted to a prominent location on the website of the
National Association of Music Manufacturers (NAMM); and (B) broadly
disseminate the availability of the Compliance Practices Guide and information
on the importance of compliance with the Equipment Marketing Rules to other
appropriate trade organizations and to nationally recognized trade publications
that address the design and/or manufacture of Digital Devices for use in the
music industry.
12. Reporting Noncompliance. New Sensor 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 New Sensor 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
New Sensor has taken or will take to prevent the recurrence of any such noncompliance. All reports of
noncompliance 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 submitted electronically to Jason Koslofsky at Jason.Koslofsky@fcc.gov and to Daudeline
Meme at Daudeline.Meme@fcc.gov.
Federal Communications Commission DA 13-706
7
13. Compliance Reports. New Sensor 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 New Sensor’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 New Sensor, stating that the Compliance Officer has personal knowledge that New
Sensor (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 12 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.
22
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of New Sensor, 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 New Sensor 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 New Sensor 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 Jason Koslofsky at Jason.Koslofsky@fcc.gov and to Daudeline
Meme at Daudeline.Meme@fcc.gov.
14. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 10
through 13 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
15. Voluntary Contribution. New Sensor agrees that it will make a voluntary contribution
to the United States Treasury in the amount of four hundred and fifty thousand dollars ($450,000) within
thirty (30) calendar days after the Effective Date. New Sensor shall send electronic notification of
payment to Jason Koslofsky at Jason.Koslofsky@fcc.gov, Daudeline Meme at
Daudeline.Meme@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.
23
When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in
22
See id. § 1.16.
23
An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 13-706
8
block number 24A (payment type code). Below are additional instructions you should follow based on
the form of payment you select:
? 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.
? 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.
? 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.
16. Waivers. New Sensor 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. New Sensor 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 New Sensor nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and New Sensor shall waive any
statutory right to a trial de novo. New Sensor hereby agrees to waive any claims it may have under the
Equal Access to Justice Act
24
relating to the matters addressed in this Consent Decree.
17. 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.
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 New Sensor does not expressly
consent) that provision will be superseded by such Rule or Commission order.
19. Successors and Assigns. New Sensor agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
20. 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
24
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.
Federal Communications Commission DA 13-706
9
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.
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 this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
23. Authorized Representative. The individual signing this Consent Decree on behalf of
New Sensor represents and warrants that he is authorized by New Sensor to execute this Consent Decree
and to bind New Sensor 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.
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.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
_______________________________
Mike Matthews
President
New Sensor Corporation,
d/b/a Electro-Harmonix
______________________________
Date