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

In the Matter of               ) )
                              ) )    File No. EB-02-TS-607
Samson Technologies, Inc.        )    NAL/Acct. No. 200432100008
                                )    FRN 0009-9962-73
                                )
                                )

                              ORDER

Adopted:  December 8, 2004              Released:   December  13, 
2004

By the Commission: 


      1.       In this Order, we adopt the attached Consent 
 Decree entered into between the Commission and Samson 
 Technologies, Inc. (``Samson'').  The Consent Decree terminates 
 the forfeiture proceeding initiated by the Commission against 
 Samson for its apparent failure to comply with the requirements 
 set forth in Section 302(b) of the Communications Act of 1934, 
 as amended (``Act''), and Section 2.803(a) of the Commission's 
 Rules (``Rules'').1 

      2.       The Commission and Samson 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 Samson 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) and 503(b) of the Communications Act of 1934, as 
 amended,2 the Consent Decree attached to this Order IS ADOPTED.

      6.       IT IS FURTHER ORDERED that the Commission's 
 forfeiture proceeding against Samson IS TERMINATED.

      7.       IT IS FURTHER ORDERED that Samson Technologies, 
 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 must 
 include the NAL/Acct. No. and FRN No. referenced above.  
 Payment by overnight mail may be sent to Bank One/LB 73482, 525 
 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.   Payment 
 by wire transfer may be made to ABA Number 071000013, receiving 
 bank Bank One, and account number 1165259.

      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 counsel for Samson 
 Technologies, Inc., Robert J. Ungar, Esq., Fish & Richardson, 
 PC, 1445 K Street, N.W., 11th Floor, Washington, D.C. 20005.

                              FEDERAL COMMUNICATIONS COMMISSION

                         

                              Marlene H. Dortch
                              Secretary
                         CONSENT DECREE

     The Federal Communications Commission (``Commission'') and 
Samson Technologies, Inc. (``Samson'') hereby enter into this 
Consent Decree regarding possible violations of Section 302(b) of 
the Communications Act of 1934, as amended (``Act''),3 and 
Section 2.803(a) of the Commission's Rules (``Rules'')4 
concerning Samson's importing and marketing of certain models of 
multi-track music recording devices.

Background

     1.   The recording devices involved in this case are 
classified as digital devices.5  Digital devices such as those 
involved in this case are classified as either Class A or Class B 
digital devices.  A Class A digital device is defined as ``[a] 
digital device that is marketed for use in a commercial, 
industrial or business environment, exclusive of a device which 
is marketed for use by the general public or is intended to be 
used in the home.''6   A Class B digital device is defined as 
``[a] digital device that is marketed for use in a residential 
environment notwithstanding use in commercial, business and 
industrial environments.''7  Class A digital devices must comply 
with the radiated emission limits specified by Section 15.109(b) 
of the Rules (``Class A radiated emission limits'').8  Class B 
digital devices are required to comply with the more stringent 
radiated emission limits specified by Section 15.109(a) of the 
Rules (``Class B radiated emission limits'').9

     2.   During 2002 and 2003, Samson imported and marketed five 
models of multi-track music recording devices designated as the 
MRS-1266, MRS-1266CD, MRS-802, MRS-802CD and MRS-4, all digital 
devices.  On July 28 and August 6, 2003, in response to a July 7, 
2003, Letter of Inquiry (``LOI'') from the Enforcement Bureau, 
Samson stated that all of the five models were Class A digital 
devices and complied with the Class A radiated emission limits.  
Subsequently, on September 20, 2003, in response to another LOI, 
dated September 4, 2003, Samson stated that it realized that, 
because the five devices were being marketed to the general 
public for residential use, they were, in fact, Class B digital 
devices.  Samson ceased importing and shipping the five devices, 
withdrew them from distribution and notified its customers that 
any remaining devices in inventory could not be sold for 
residential use.  Subsequently, Samson began marketing new 
versions of these devices that were verified as being in 
compliance with the Class B emission limits.

     3.   On March 3, 2004, the Commission released a Notice of 
Apparent Liability for Forfeiture10 (``NAL'') to Samson in the 
amount of $35,000 ($7,000 for each of the five models) for 
apparent willful and repeated violations of Section 302(b) of the 
Act and Section 2.803(a) of the  Rules.  Samson filed a response 
to the NAL on March 22, 2004. 

Definitions

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

     (a)  ``Commission'' means the Federal Communications 
Commission;
     (b)  ``Samson'' means Samson Technologies, Inc.;
     (c)  ``Parties'' means Samson and the Commission;
     (d)  ``Enforcement Proceeding'' means the investigation of 
          the alleged Rule violations by Samson culminating in 
          the Notice of Apparent Liability for Forfeiture;
     (e)  Notice of Apparent Liability for Forfeiture or ``NAL'' 
          means Samson Technologies, Inc., 19 FCC Rcd 4221 
          (2004);
     (f)  ``Adopting Order'' means an order of the Commission 
          adopting the terms and conditions of this Consent 
          Decree, in the form attached hereto;
     (g)  ``Effective Date'' means the date the Adopting Order is 
          released by the Commission; 
     (h)  ``Rules'' means the Commission's Rules found in Title 
          47 of the Code of Federal Regulations;
     (i)  ``Act'' means the Communications Act of 1934, as 
          amended U.S.C.  151 et seq; and
     (j)  ``Compliance Plan'' means the processes and procedures 
          developed by Samson in an effort to ensure compliance 
          with the Communications Act and the Commission's Rules 
          regarding the importation and marketing of digital 
          devices, as summarized in Appendix A, attached to this 
          Consent Decree.


Terms of Settlement

     5.   The Parties agree that the provisions of this Consent 
Decree shall be subject to final approval by the Commission by 
incorporation of such provisions by reference in the Adopting 
Order.

     6.   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.

     7.   Samson acknowledges that the Commission has 
jurisdiction over the matters contained in this Consent Decree 
and the authority to enter into and adopt this Consent Decree.

     8.   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.

     9.   Samson 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.

     10.  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 the Consent Decree, Samson 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.

     11.  In express reliance on the covenants and 
representations in this Consent Decree and to avoid further 
expenditure of scarce public resources, the Commission agrees to 
terminate the Enforcement Proceeding.

     12.  Samson agrees that, as of the Effective Date of this 
Consent Decree, every model of multi-track music recording device 
imported or marketed by Samson will be compliant with the Class B 
radiated emission limits and all other applicable provisions of 
the Communications Act and the Commission's Rules.  Samson 
further agrees to implement, for the 24-month period beginning 
with the Effective Date, a compliance plan to educate employees 
and manufacturers involved in the design and development of its 
products with the Communications Act and the Commission's Rules 
and their applicability to Samson's products (summarized in 
Appendix).  

     13.  The Parties acknowledge that this Consent Decree shall 
constitute a final and binding settlement between Samson and the 
Commission regarding possible violations of Section 302(b) of the 
Act and Section 2.803(a) of the Rules specified by the NAL.  In 
consideration for termination by the Commission of the 
Enforcement Proceeding and in accordance with the terms of this 
Consent Decree, Samson agrees to the terms set forth herein.

     14.  The Commission agrees that it will not entertain, or 
institute on its own motion, any new proceeding, formal or 
informal, or take any action on its own motion against Samson for 
the possible violations of Section 302(b) of the Act or Section 
2.803(a) of the Rules specified by the NAL. Nothing in this 
Consent Decree shall prevent the Commission from instituting 
investigations or enforcement proceedings against Samson in the 
event of any other alleged misconduct that violates this Consent 
Decree or that violates any provision of the Act or the Rules.

     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 Samson 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 also 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.  Samson agrees to make a voluntary contribution to the 
United States Treasury in the amount of twenty-six thousand five 
hundred dollars ($26,500) within thirty (30) days of the 
Effective Date.  Such contribution shall be made, without further 
protest or recourse, 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. 200432100008 
and FRN 0009-9962-73.  Payment by overnight mail may be sent to 
Bank One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, 
IL 60661.  Payment by wire transfer may be made to ABA Number 
071000013, receiving bank Bank One, and account number 1165259.

     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 Samson 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 Commission:


By:  ________________________
     Marlene Dortch
     Secretary



For Samson Technologies, Inc.


By:  __________________________
     Scott Goodman
     President, Samson Technologies, Inc.



                            APPENDIX

                         Compliance Plan
                               of
             Samson Technologies, Inc. (``Samson'')

I.   All Samson employees involved in the importation and 
marketing of home recording studios will be advised in an 
education program of Samson's responsibilities to comply with 
Parts 2 and 15 of the Commission's rules.  Particular emphasis 
will be placed on the requirements for labeling verified 
equipment and placing Part 15 compliance statements in users' 
manuals.  The terms of this Consent Decree will be made available 
to all of the employees involved in the marketing and importation 
of home recording studios.  Employees will be encouraged to ask 
questions and make any suggestions.  This review of FCC 
requirements will be performed semi-annually.

II.  No new model of home recording studio will be imported 
unless Samson has first received and reviewed the records 
required by Section 2.955 of the Rules, including a report 
showing that the equipment has been tested and verified for 
compliance with the Commission's Class B technical standards by 
an authorized laboratory.  These laboratory reports and records 
will be kept on file and made available to the Commission upon 
request.

III. Each shipment of home recording studios will be 
sampled by Samson to assure that 1) the devices are 
uniquely identified, pursuant to Section 2.954 of the 
Rules; 2) bear the statement required by Section 
15.19(a)(3); and 3) include in their manuals the 
statement required by Section 15.105(b).

IV.  Any shipment found not to be in compliance with 
these requirements will be not be offered for sale by 
Samson or further shipped by or to Samson, until any 
necessary corrections have been made.

V.   The Compliance Program, set forth above, will be under the 
direct supervision of Samson's President, Mr. Scott Goodman, or, 
in the event Mr. Goodman is no longer with the company, his 
successor.  Mr. Goodman or his successor will plan and supervise 
the employee education program and ensure that the shipment 
sampling activity is carried out.  Any discrepancies will be 
reported directly to Mr. Goodman or his successor.  In the event 
of any question concerning appropriate compliance with the 
Commission regulations, Mr. Goodman or his successor will consult 
with regulatory counsel.

      
_________________________

1 47 U.S.C.  302a(b) and 47 C.F.R.  2.803(a).  See Samson 
Technologies, Inc., 19 FCC Rcd 4221 (2004).

2 47 U.S.C.  4(i) and 503(b).

3 47 U.S.C.  302a(b).

4 47 C.F.R.  2.803(a).

5 Section 15.3(k) of the Rules, 47 C.F.R.   15.3(k), defines a 
digital device as ``[a]n unintentional radiator (device or 
system) that generates and uses timing signals or pulses at a 
rate in excess of 9,000 pulses (cycles) per second and uses 
digital techniques;  inclusive of telephone equipment that uses 
digital techniques or any device or system that generates and 
uses radio frequency energy for the purpose of performing data 
processing functions, such as electronic computations, 
operations, transformations, recording, filing, sorting, storage, 
retrieval, or transfer.''

6 47 C.F.R.  15.3(h).

7 47 C.F.R.  15.3(i).

8 47 C.F.R.  15.109(b).

9 47 C.F.R.  15.109(a).

10 Samson Technologies, Inc., 19 FCC Rcd 4221 (2004).