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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )    File No. EB-03-SE-291
Schumacher Electric              )    NAL/Acct. No. 200432100010
Corporation,                     )    FRN # 0010291185
Mt. Prospect, Illinois 

                              ORDER

Adopted:  May 14, 2004                  Released:  May 18, 2004

By the Chief, Enforcement Bureau: 

     1.        In this  Order,  we  adopt  the  attached  Consent 
Decree entered into between the Enforcement Bureau and Schumacher 
Electric  Corporation  (``Schumacher'').    The  Consent   Decree 
terminates the forfeiture proceeding initiated by the Enforcement 
Bureau against Schumacher for its apparent failure to comply with 
the equipment requirements  set forth  in Section  302(b) of  the 
Act1 and Section 2.803(a) of the Commission's Rules (``Rules'').2 

     2.        The  Enforcement   Bureau  and   Schumacher   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  Schumacher  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  will be served by adopting  the 
Consent Decree and terminating the forfeiture proceeding. 

     5.        Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, 
as amended,3  and Sections  0.111 and  0.311 of  the Rules,4  the 
Consent Decree attached to this Order IS ADOPTED.

     6.        IT  IS  FURTHER   ORDERED  that  the   Enforcement 
Bureau's forfeiture proceeding against Schumacher IS TERMINATED.

     7.        IT IS  FURTHER  ORDERED that  Schumacher  Electric 
Corporation shall make its  voluntary contribution to the  United 
States Treasury, as specified in the Consent Decree, by mailing a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200432100010 and FRN 0010291185.

     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  John  Waldron, 
Executive Vice  President, Schumacher  Electric Corporation,  801 
Business Center Drive, Mount  Prospect, Illinois 20056-2179,  and 
to David E. Hilliard, Wiley, Rein & Fielding, LLP, 1776 K Street, 
N.W., Washington, D.C. 20006.  


                         FEDERAL COMMUNICATIONS COMMISSION
                         



                         David H. Solomon
                         Chief, Enforcement Bureau




                         
                         CONSENT DECREE

     The  Enforcement   Bureau   (``Bureau'')  of   the   Federal 
Communications   Commission   (``Commission'')   and   Schumacher 
Electric Corporation  (``Schumacher'')  hereby  enter  into  this 
Consent Decree regarding possible violations of Section 302(b) of 
the Communications  Act  of  1934,  as  amended  (``Act''),5  and 
Section  2.803(a)   of   the  Commission's   Rules   (``Rules'')6 
concerning  certain  switching  power  supply  battery   chargers 
displayed by Schumacher.

                           Background

1.   Under Parts  2 and  15 of  the Commission's  Rules,  certain 
  external  switching  power  supplies  must  be  authorized   in 
  accordance  with the  Commission's verification  procedure  and 
  comply  with  all  applicable  technical  standards,  including 
  emission  limits,  and  labeling  requirements  prior  to   the 
  initiation of marketing  in the United States.  On November  5, 
  2003, the Bureau received a complaint alleging that  Schumacher 
  was  marketing a  new line  of SpeedCharge  automobile  battery 
  chargers   (``SpeedChargers'')  at   the   ongoing   Automobile 
  Aftermarket  Products  Expo  (``AAPEX'')  in  Las  Vegas.   The 
  complaint alleged that  Schumacher did not label the  exhibited 
  SpeedChargers under Section 15.19(a)(3) of the Rules7, and  did 
  not display  the trade  show notice under  Section 2.803(c)  of 
  the Rules.

2.   In response  to the  Bureau's  Letter of  Inquiry  (``LOI'') 
  dated November  15, 2003, Schumacher  stated that it  exhibited 
  ``mock-ups'' (i.e. non-working display units ) of  SpeedCharger 
  models SC  600A, SSC 1000A, SC 1200A,  SSC 1500A, SC 2500A,  SC 
  4000A, SC6000A and  SC 10000A.  Schumacher represented that  it 
  did not  sell and/or take orders to  sell any of the  exhibited 
  SpeedChargers  at  AAPEX.   Of  the  exhibited   Speedchargers, 
  Schumacher further represented that models SC 600A, SSC  1000A, 
  SC 1200A,  SSC 1500A, and SC 6000A  had been verified prior  to 
  the  AAPEX,  and provided  each  verification  report  for  the 
  models, but, that models  SC 2500A, SC 4000A and SC 10000A  had 
  not been  verified prior to the  AAPEX.  The Bureau found  that 
  Schumacher appeared to have violated Section 302(b) of the  Act 
  and Section 2.803(a) of  the Rules by displaying at AAPEX  non-
  working  mock-ups  of  models  SC2500A,  SC4000A  and  SC10000A 
  without  the  requisite disclaimer  notice,  and  on  April  12 
  issued   a  Notice   of  Apparent   Liability  for   Forfeiture 
  (``NAL'').8  

                           Definitions

     3.   For the purposes of  this Consent Decree the  following 
definitions shall apply:

     (a)  ``Commission'' means the Federal Communications 
          Commission;

     (b)  ``Bureau'' means the Enforcement Bureau of the 
          Commission;

     (c)  ``Schumacher'' means Schumacher Electric Corporation, 
     its subsidiaries, affiliates and any successors or assigns;

     (d)  ``Parties'' means Schumacher and the Bureau;

     (e)  ``Enforcement Proceeding'' means the investigation of 
     the alleged Rule violation by Schumacher culminating in the 
     Notice of Apparent Liability for Forfeiture.

     (f)  ``Notice of Apparent Liability for Forfeiture'' or 
     ``NAL'' means Schumacher Electric Corporation, DA 04-976 
     (Enf. Bur. April 12, 2004).

     (g)  ``Adopting Order'' means an order of the Bureau 
     adopting this Consent Decree; 

     (h)  ``Effective Date'' means the date the Adopting Order is 
     released by the Bureau;

     (i)   ``Rules'' means the Commission's Rules found in Title 
     47 of the Code of Federal Regulations; and

     (j)  ``Act'' means the Communications Act of 1934, as 
     amended, 47 U.S.C. 151 et seq.

                       Terms of Settlement

     4.   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.

     5.   The Parties agree that this Consent Decree shall become 
binding on the Parties on the Effective Date.   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.

     6.   Schumacher   acknowledges   that    the   Bureau    has 
jurisdiction over the  matters contained in  this Consent  Decree 
and the authority to enter into and adopt this Consent Decree.   

     7.   The Parties  waive any  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.

     8.   Schumacher waives  any rights  it  may have  under  any 
provision of the Equal Access to Justice Act, 5 U.S.C.  504  and 
47 C.F.R.  1.1501 et seq., relating to the matters discussed  in 
this Consent Decree.

     9.    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 
with the Act or the Rules.   The Parties further agree that  this 
Consent Decree  is  for  settlement purposes  only  and  that  by 
agreeing to this  Consent Decree,  Schumacher does  not admit  or 
deny any  liability  for  violating  the  Act  or  the  Rules  in 
connection with the matters that are the subject of this  Consent 
Decree.

     10.  In   express    reliance   on    the   covenants    and 
representations in  this Consent  Decree,  the Bureau  agrees  to 
terminate the Enforcement Proceeding at such time as both Parties 
sign this  Consent  Decree and  the  Bureau adopts  this  Consent 
Decree. 

     11.   Schumacher agrees  that, as of  the Effective Date  of 
this Consent  Decree,  every  model  of  switching  power  supply 
battery charger  subject to  the Rules  that is  imported  and/or 
marketed  by  Schumacher  shall   be  verified  and  labeled   in 
accordance  with   applicable   Rules  before   importation   and 
marketing.   Schumacher   further   agrees   to   undertake   the 
development of  a  regulatory  compliance  program  (``RCP'')  to 
educate  employees  involved  in  the  design,  development   and 
marketing of its products as to the Commission's Rules and  their 
applicability to Schumacher's products, and to maintain this  RCP 
for twenty-four  (24)  months.   The  RCP  includes  Schumacher's 
appointment of  a  regulatory  compliance  officer  charged  with 
oversight of personnel  responsible for  ensuring that  switching 
power supply battery  chargers comply with  all applicable  Rules 
prior to  importation  and  marketing.   Schumacher  will  submit 
details of its RCP to the  Bureau no later than thirty (30)  days 
after the Effective  Date.  Schumacher  may submit its  RCP on  a 
confidential basis pursuant  to Sections 0.457  and 0.459 of  the 
Commission's Rules.9

     12.  The Parties  acknowledge and  agree that  this  Consent 
Decree shall constitute  a final and  binding settlement  between 
Schumacher and the  Bureau regarding possible  violations of  the 
Act and the  Rules prior to  the Effective Date  of this  Consent 
Decree with respect to the switching power supply battery charger 
models that Schumacher displayed at AAPEX, and that were  subject 
to the NAL. In consideration for termination by the Bureau of the 
Enforcement Proceeding and in accordance  with the terms of  this 
Consent Decree, Schumacher agrees to the terms set forth herein

     13.  The Bureau  agrees  that  it  will  not  entertain,  or 
institute on  its  own  motion, any  new  proceeding,  formal  or 
informal, take any action on its own motion, or recommend to  the 
full  Commission  any  forfeiture  or  other  sanction,   against 
Schumacher for  any alleged  violation of  the Act  or the  Rules 
prior to the Effective Date  of this Consent Decree with  respect 
to  the  switching  power  supply  battery  charger  models  that 
Schumacher displayed at AAPEX, and that were subject to the  NAL. 
Nothing in  this Consent  Decree shall  prevent the  Bureau  from 
instituting investigations  or  enforcement  proceedings  against 
Schumacher in  the event  of any  other alleged  misconduct  that 
violates this Consent  Decree or that  violates any provision  of 
the Act or the Rules. 

     14.  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  Schumacher 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.

     15.  The Parties 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. 

     16.  Schumacher agrees to make  a voluntary contribution  to 
the United  States  Treasury  in the  amount  of  seven  thousand 
dollars ($7,000) within thirty (30)  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, Forfeiture Collection  Section, Finance Branch,  P.O. 
Box 73482,  Chicago,  Illinois 60673-7482.   The  payment  should 
reference NAL/Acct. No. 200432100010 and FRN 0010291185.

     17.  If any Party  (or the  United States on  behalf of  the 
Commission) brings a judicial action to enforce the terms of  the 
Adopting Order,  neither  Schumacher  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.

     18.  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. 

     19.  This Consent  Decree  cannot be  modified  without  the 
advance written consent of all of the Parties.

     20.  This Consent Decree may be signed in counterparts.

For the Enforcement Bureau:



By:                                
     David H. Solomon
     Chief, Enforcement Bureau


For Schumacher Electric Corporation:



By:  _____________________________
     John Walton
     Executive Vice President






_________________________

  1 47 U.S.C.  302(b).

  2 47 C.F.R.  2.803(a).

  3 47 U.S.C.  4(i), 4(j) and 503(b).

  4 47 C.F.R.  0.111, 0.311.

  5 47 U.S.C.  302(b).

  6  47 C.F.R.  2.803(a).

  7 47 C.F.R.  15.19(a)(3).

  8 Schumacher Electric Corporation, DA 04-976, (Enf. Bur.  April 
12, 2004).

  9  47 C.F.R.  0.457, 0.459.