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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
Adopted: December 8, 2004 Released: December 13,
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
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
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.
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.
4. For the purposes of this Consent Decree the following
definitions shall apply:
(a) ``Commission'' means the Federal Communications
(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
(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
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
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
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
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:
For Samson Technologies, Inc.
President, Samson Technologies, Inc.
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
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).