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-03-TS-144
                                )
Blackstone~NEY                   )    NAL/Acct. No. 200432100013 
Ultrasonics, Inc.                )    FRN # 0011217999

                                      

                              ORDER

Adopted:  August 5, 2004                Released:  August 10, 
2004

By the Chief, Enforcement Bureau:

     1.   In this  Order, we  adopt the  attached Consent  Decree 
entered into between  the Enforcement  Bureau and  Blackstone~NEY 
Ultrasonics,  Inc.  (``Blackstone~NEY'').   The  Consent   Decree 
terminates an investigation into Blackstone~NEY's compliance with 
the equipment requirements  set forth in  Parts 2 and  18 of  the 
Commission's Rules (``Rules'') with respect to certain ultrasonic 
cleaning devices manufactured and marketed by Blackstone~NEY.

     2.   The  Enforcement   Bureau   and   Blackstone~NEY   have 
negotiated the terms of a Consent Decree that would resolve  this 
matter and terminate  the investigation.  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  Blackstone~Ney possesses  the  basic 
qualifications, including those related to character, to hold  or 
obtain any FCC license or authorization.

     4.   After reviewing the record and the terms of the Consent 
Decree, we believe  that the  public interest will  be served  by 
adopting the Consent Decree and terminating the investigation.

     5.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
4(i) of the Communications Act,  as amended,1 and Sections  0.111 
and 0.311  of the  Rules,2 the  Consent Decree  attached to  this 
Order IS ADOPTED.

     6.   IT IS  FURTHER ORDERED  that the  Enforcement  Bureau's 
investigation of Blackstone~NEY IS TERMINATED.

     7.   IT IS FURTHER ORDERED that Blackstone~NEY  Ultrasonics, 
Inc. 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 the 
referenced NAL/Acct. No. and FRN. 

     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 Eugene  Phaneuf,  President, 
Blackstone~NEY Ultrasonics, Inc., 9 North Main Street, Jamestown, 
N.Y., 14701, and to Shirley S. Fujimoto, Esq., McDermott, Will  & 
Emery, LLP, 600 Thirteenth Street, N.W., Washington, D.C., 20005.



                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

                         CONSENT DECREE

     The  Enforcement   Bureau   (``Bureau'')  of   the   Federal 
Communications  Commission  (``Commission'')  and  Blackstone~NEY 
Ultrasonics, Inc.  (``Blackstone~NEY'')  hereby enter  into  this 
Consent Decree resolving possible violations of Parts 2 and 18 of 
the Commission's  Rules  concerning certain  ultrasonic  cleaning 
devices manufactured and marketed by Blackstone~NEY.

                           Background


     1.   In  June  2003,   Blackstone~NEY,  a  manufacturer   of 
ultrasonic cleaning devices for  use in industrial  environments, 
reported to the Bureau efforts to evaluate the compliance of  its 
product line with the requirements of Part 18 of the Commission's 
Rules.  In response to this  disclosure, the Bureau initiated  an 
investigation into Blackstone~NEY's compliance  with Parts 2  and 
18 of the Commission's Rules with respect to the following models 
of ultrasonic  cleaning  devices manufactured  and  sold  between 
March 1, 2002 and December 31, 2003: 

25 kHz Neptune Family
40 kHz Neptune Family
25 kHz Neptune B Family
40 kHz Neptune B Family
25 kHz Dual Neptune, Y chassis
40 kHz Dual Neptune, Y chassis
25 kHz Neptune on a plate, G chassis
40 kHz Neptune on a plate, G chassis
25 kHz Neptune High Power
40 kHz Neptune High Power
TP-3
TP-3D-2
TP-6
TP-20
40 kHz sweepSONIK 2D Family
72 kHz sweepSONIK 2D Family
104 kHz sweepSONIK 2D Family
132 kHz microSONIK
40 kHz proSONIK 2
multiSONIK, 3 frequency
multiSONIK, 4 frequency
multiSONIK 2, 6 frequency
multiSONIK 2, 7 frequency
HT-1206


                           Definitions


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

     2)a.      ``Commission''  or  ``FCC''   means  the   Federal 
Communications Commission;

     2)b.      ``Bureau'' means  the  Enforcement Bureau  of  the 
Commission;

     2)c.      ``Blackstone~NEY''      means       Blackstone~NEY 
Ultrasonics,  Inc.,   its   subsidiaries,  affiliates   and   any 
successors or assigns;

     2)d.      ``Parties'' means Blackstone~NEY and the Bureau;

     2)e.      ``Subject   Devices''   means   those   ultrasonic 
cleaning devices identified in paragraph 1 above. 

     2)f.      ``Adopting Order'' means  an order  of the  Bureau 
adopting the terms and conditions of this Consent Decree;

     2)g.      ``Effective Date''  means  the date  the  Adopting 
Order is released by the Bureau;

     2)h.      ``Rules'' means  the Commission's  Rules found  in 
Title 47 of the Code of Federal Regulations; and

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

                       Terms of Settlement


     3.   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.

     4.   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.

     5.   Blackstone~NEY  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.

     6.   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  this Consent  Decree  without change,  addition  or 
modification.

     7.   Blackstone~NEY 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.

     8.   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, Blackstone~NEY 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.

     9.   In   express    reliance   on    the   covenants    and 
representations in  this Consent  Decree,  the Bureau  agrees  to 
terminate its investigation into whether Blackstone~NEY may  have 
violated the  Act or  the Rules  with respect  to any  ultrasonic 
cleaning devices manufactured or distributed before the effective 
date of this Consent Decree.

     10.  Blackstone~NEY   represents   that   every   model   of 
ultrasonic cleaning device manufactured after December 31,  2003, 
is in full compliance with  the technical requirements set  forth 
in the Commission's Rules and agrees that all future models  will 
be in full compliance with the Commission's Rules.  

     11.  Blackstone~NEY will implement a Federal  Communications 
Commission Regulatory Compliance Plan (``RCP'').  The RCP,  which 
is  attached  hereto  and   incorporated  herein,  will   include 
Blackstone~NEY's appointment of  a regulatory compliance  officer 
charged with oversight of personnel responsible for ensuring that 
ultrasonic cleaning devices comply with all applicable Commission 
Rules prior to  distribution.  Blackstone-NEY  will maintain  its 
RCP for twenty-four (24) months  from the Effective Date of  this 
Consent Decree. 

     12.  Blackstone~NEY agrees  to  resolve  all  complaints  of 
harmful interference, as defined in  Part 18 of the  Commission's 
Rules, from the Subject Devices.   To the extent that  Blackstone 
receives any complaints or  reports of harmful interference  from 
the Subject Devices, Blackstone will submit reports to the Bureau 
on a  quarterly  basis,  beginning  three  (3)  months  from  the 
Effective Date of this Consent Decree and continuing for  twenty-
four (24) months from the Effective Date of this Consent  Decree, 
detailing the  complaints  and the  steps  taken to  resolve  the 
complaints.  

     13.  The Parties  acknowledge and  agree that  this  Consent 
Decree shall constitute  a final and  binding settlement  between 
Blackstone~NEY and the  Bureau regarding  possible violations  of 
the Act and  the Rules  with respect to  any ultrasonic  cleaning 
devices manufactured  or  sold  by Blackstone~NEY  prior  to  the 
Effective Date  of this  Consent  Decree.  In  consideration  for 
termination by  the  Bureau  of its  investigation  into  whether 
Blackstone~NEY may  have  violated  the Act  or  the  Rules  with 
respect to any ultrasonic  cleaning devices manufactured or  sold 
by Blackstone~NEY prior  to the  Effective Date  of this  Consent 
Decree and in accordance with  the terms of this Consent  Decree, 
Blackstone~NEY agrees to the terms set forth herein.

     14.  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 
Blackstone~NEY for any alleged violation of the Act or the  Rules 
with respect to  any ultrasonic cleaning  device manufactured  or 
sold by  Blackstone~NEY  prior  to the  Effective  Date  of  this 
Consent Decree.  Nothing in this Consent Decree shall prevent the 
Bureau  from  instituting   new  investigations  or   enforcement 
proceedings against Blackstone~NEY  in the event  of any  alleged 
future misconduct for  violation of  this Consent  Decree or  for 
violation of the Act and the Rules consistent with the provisions 
of this Consent Decree.

     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 Blackstone~NEY 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 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.  Blackstone~NEY agrees to make a voluntary  contribution 
to the  United  States Treasury  in  the amount  of  seventy-five 
thousand  dollars  ($75,000)  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. 200432100013 and FRN 0011217999.

     18.  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 Blackstone~NEY  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.  This Consent  Decree  cannot be  modified  without  the 
advance written consent of all of the Parties.

     21.  This Consent Decree may be signed in counterparts.



For the Enforcement Bureau:



By:                           
     David H. Solomon
     Chief, Enforcement Bureau



For Blackstone~NEY Ultrasonics, Inc.:

By:                           
     Eugene Phaneuf
     President
     Blackstone~NEY Ultrasonics, Inc.

                         COMPLIANCE PLAN

I.   PERSONNEL AND TRAINING

     1.   Compliance Officer

     Blackstone~NEY will appoint a Regulatory Compliance  Officer 
(``Compliance Officer''),  who  will  administer  the  compliance 
program  described  below.   The  Compliance  Officer  will  also 
supervise Blackstone~NEY's  compliance with  Parts 2  and 18  and 
Section 1.17  of the  FCC's  Rules and  the requirements  of  the 
Consent Decree.  

     2.   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 18 of the FCC's Rules,  Section 1.17 of the FCC's Rules,  and 
the requirements  of  the  Consent Decree  to  each  officer  and 
employee   of   Blackstone~NEY,   who    have   or   will    have 
responsibilities related  to  the design,  development,  testing, 
marketing, and distribution  of ultrasonic devices  on behalf  of 
Blackstone~NEY. 

     3.   Training

     Blackstone~NEY will train  and provide materials  concerning 
Parts 1, 2 and 18 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 ultrasonic devices.  Specifically, Blackstone~NEY 
will, within 60 days of the Effective Date of the Consent Decree: 

     (a)  train  its  employees  regarding  compliance  with  the 
          technical requirements of Part 18 of the FCC's Rules in 
          the design and manufacture of ultrasonic devices;

     (b)  train its employees regarding compliance with Part 2 of 
          the FCC's  Rules  regarding the  sale,  marketing,  and 
          distribution of ultrasonic devices; 

     (c)  train  its  employees  regarding  compliance  with  the 
          obligation pursuant to  Sections 1.17 and  1.65 of  the 
          FCC's Rules  to ensure  and maintain  the accuracy  and 
          completeness of any  materials or information  provided 
          to the FCC; and   

     (d)  train its employees regarding  the requirements of  the 
          Consent Decree. 

     4.   Disciplinary Action

     If,  after  an  internal  investigation  and  based  upon  a 
preponderance of the evidence, Blackstone~NEY concludes that  one 
of its employees has intentionally made any misrepresentation, or 
engaged in  any lack  of candor  in any  submission to  the  FCC, 
either orally or in writing, Blackstone~NEY will take appropriate 
disciplinary action. II.  RESOLUTION OF COMPLAINTS

     1.   Responsibilities

     The Compliance Officer will be responsible for (1) receiving 
and  reviewing  any  complaints  of  harmful  interference,   (2) 
initiating and  maintaining  an ongoing  log  of the  status  and 
actions taken  regarding each  complaint, (3)  supervising  those 
employees  assigned   to   resolve  each   complaint,   and   (4) 
coordinating the preparation and submission to the FCC of reports 
regarding any  complaints  of harmful  interference  received  by 
Blackstone~NEY.

     2.   Process 

     Blackstone~NEY will  use its  best  efforts to  resolve  any 
complaints of harmful  interference it receives  with respect  to 
the ultrasonic devices  identified in the  Consent Decree.   Upon 
receipt of a complaint, Blackstone~NEY will: 

     (a)  Investigate the circumstances related to the  complaint 
          in order to determine:  (1) whether the  Blackstone~NEY 
          device complained  of  is in  fact  the source  of  the 
          harmful interference, and (2) if so, what steps must be 
          taken in order to resolve the harmful interference. 

     (b)  Inform  the   complainant  if   Blackstone~NEY   should 
          conclude that  its  device is  not  the source  of  the 
          alleged   harmful   interference   and   provide    the 
          complainant with  the  relevant facts  and  information 
          used by Blackstone~NEY in reaching this conclusion.

     (c)  To the  extent  that  Blackstone~NEY's  device  is  the 
          source of the complained-of harmful interference,  work 
          with the operator  to implement  solutions to  mitigate 
          the harmful interference. 

The disposition of each complaint shall be tracked and  monitored 
by the Compliance  Officer.  The Compliance  Officer will  ensure 
that current and accurate information regarding each complaint is 
provided to  the  FCC in  connection  with any  report  or  other 
required filing. 

     3.   Definitions

     ``Harmful interference'' shall be interpreted in accordance 
with the definition of that term contained in Section 18.107(b) 
of the FCC's Rules.

_________________________

1 47 U.S.C.  4(i).
2 47 C.F.R.  0.111, 0.311.