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

In the Matter of                 )
                                )    File No. EB-04-SE-045
Perfect Fit Industries, Inc.     )    NAL/Acct. No. 200532100008
                                 )    FRN # 0012658035


                              ORDER

Adopted:  February 8, 2005              Released:   February  10, 
2005

By the Chief, Enforcement Bureau: 

     1.        In this Order, we adopt the attached Consent 
Decree entered into between the Enforcement Bureau and Perfect 
Fit Industries, Inc. (``PFI'').  The Consent Decree terminates an 
investigation initiated by the Enforcement Bureau into whether 
heated mattress pads and blankets and associated external 
switching power supplies imported and marketed in the United 
States by PFI comply with the requirements of Section 302(b) of 
the Communications Act of 1934, as amended, (``Act'')1 and Parts 
2 and 15 of the Commission's Rules (``Rules'').2  

     2.        The Enforcement Bureau and PFI 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 PFI 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 investigation. 

     5.        Accordingly, IT IS ORDERED that, pursuant to 
Section 4(i) of the Act,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 investigation IS TERMINATED.

     7.        IT IS FURTHER ORDERED that Perfect Fit Industries, 
Inc. shall make its voluntary contribution to the United States 
Treasury, as specified in the Consent Decree, 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.  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.  The payment 
should reference the NAL/Acct. No. and FRN number referenced 
above.  

     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 Louis R. Morris, 
President, Perfect Fit Industries, Inc., 8501 Tower Point Drive, 
Charlotte, North Carolina 28227, and to Jack Richards, Esq., 
Keller and Heckman LLP, 1001 G Street, N.W., Suite 500 West, 
Washington, D.C. 20001.  


                              FEDERAL COMMUNICATIONS COMMISSION
                         



                              David H. Solomon
                              Chief, Enforcement Bureau




                         
                         CONSENT DECREE

     The Enforcement Bureau (``Bureau'') of the Federal 
Communications Commission (``Commission'') and Perfect Fit 
Industries, Inc. (``PFI'') hereby enter into this Consent Decree 
for the purpose of terminating the Bureau's investigation into 
whether heated mattress pads and blankets and associated external 
switching power supplies imported and marketed in the United 
States by PFI comply with the requirements of Section 302(b) of 
the Communications Act of 1934, as amended, (``Act'')5 and Parts 
2 and 15 of the Commission's Rules (``Rules'').6

Background

     1.        Under Parts 2 and 15 of the Rules, Class B digital 
devices and Class B external switching power supplies must be 
authorized in accordance with the Commission's equipment 
verification procedure and comply with all applicable technical 
standards and labeling requirements prior to importation or 
marketing in the United States.  On March 5, 2004, in response to 
complaints alleging interference related to heated mattress pads 
marketed by PFI, the Bureau initiated an investigation by issuing 
a Letter of Inquiry (``LOI'') directing PFI to provide certain 
information concerning the compliance of its heated mattress pads 
with Parts 2 and 15 of the Rules.  On April 15, 2004, PFI 
responded to the Bureau's LOI concerning its heated mattress pads 
and associated external switching power supplies and also 
voluntarily disclosed information concerning its heated blankets 
and associated external switching power supplies.  On October 18, 
2004, the Spectrum Enforcement Division of the Bureau issued an 
Order denying PFI's request for confidential treatment of 
material submitted in response to the LOI.7  On October 25, 2004, 
PFI filed an application for review of the Order denying its 
request for confidential treatment, and on November 15, 2004, PFI 
filed a supplement to its application for review.

Definitions

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

     (a)  ``Commission'' and ``FCC'' mean the Federal 
Communications Commission.
     (b)  ``Bureau'' means the Enforcement Bureau of the Federal 
Communications Commission.
     (c)  ``PFI'' means Perfect Fit Industries, Inc., its 
     subsidiaries, affiliates and any successors or assigns.
     (d)  ``Parties'' means PFI and the Bureau.
     (e)  ``Adopting Order'' means an order of the Bureau 
     adopting the terms and conditions of this Consent Decree.   
     (f)  ``Effective Date'' means the date on which the Bureau 
releases the Adopting Order.
     (g)  ``Investigation'' means the investigation commenced by 
     the Bureau's March 5, 2004 Letter of Inquiry to PFI.
     (h)  ``Confidentiality Ruling'' means the Order issued by 
     the Spectrum Enforcement Division of the Bureau on October 
     18, 2004 denying PFI's request for confidential treatment of 
     material submitted in response to the Bureau's March 4, 2004 
     Letter of Inquiry.
     (i)  ``Application for Review'' means the Application for 
     Review of the Confidentiality Ruling filed by PFI on October 
     25, 2004, and the supplement to the Application for Review 
     filed by PFI on November 15, 2004.
     (j)  ``Rules'' means the Commission's Rules found in Title 
     47 of the Code of Federal Regulations.
     (k)  ``Act'' means the Communications Act of 1934, as 
amended, 47 U.S.C. 151 et seq.

Terms of Agreement

     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 does 
not constitute either an adjudication on the merits or a factual 
or legal finding or determination regarding any compliance or 
noncompliance with the requirements of the Act or the 
Commission's Rules and orders.  The Parties further agree that 
this Consent Decree is for settlement purposes only and that by 
agreeing to this Consent Decree, PFI does not admit or deny 
liability for violating any statute, regulation, or 
administrative rule in connection with matters that are the 
subject of this Consent Decree.

     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.        The Parties acknowledge and agree that this 
Consent Decree shall constitute a final and binding settlement 
between PFI and the Bureau regarding possible violations of the 
Act and the Rules with respect to any heated mattress pads and 
heated blankets and associated external switching power supplies 
marketed by PFI prior to the Effective Date of this Consent 
Decree.

     7.        In express reliance on the covenants and 
representations in this Consent Decree and to avoid further 
expenditure of scarce public resources, the Bureau agrees to 
terminate its Investigation into whether PFI may have violated 
the Act or the Rules with respect to any heated mattress pads and 
heated blankets and associated external switching power supplies 
marketed by PFI prior to the Effective Date of this Consent 
Decree.  

     8.        In consideration for termination by the Bureau of 
the Investigation and in accordance with the terms of this 
Consent Decree, PFI agrees to the terms set forth herein.

     9.        PFI 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.

     10.       PFI will implement a Federal Communications 
Commission Regulatory Compliance Plan (``RCP'') related to PFI's 
future compliance with the Act, the Commission's Rules, and the 
Commission's orders.  The RCP will include, at a minimum, the 
following components: 

     (a)  FCC Compliance Procedures.  PFI shall develop and 
     update as necessary appropriate FCC Compliance Procedures.  
     Relevant PFI personnel shall be made aware of the FCC 
     Compliance Procedures and are to follow them.  The FCC 
     Compliance Procedures will, among other things, address the 
     equipment authorization requirements of the Act and the 
     Commission's Rules applicable to all Class B digital devices 
     and Class B external switching power supplies manufactured, 
     imported, marketed and sold by PFI in the United States, as 
     well as the Commission's Rules regarding labeling and user 
     manual statements for such devices.  

     

     (b)    Compliance Officer.  PFI shall designate a 
     Regulatory Compliance Officer (``Compliance Officer'') who 
     will administer the RCP, supervise PFI's compliance with the 
     Act, the Commission's Rules and the Consent Decree, and 
     serve as the PFI point of contact for all Commission-related 
     compliance matters.  The Compliance Officer will be assigned 
     responsibility within PFI for determining whether the 
     manufacture, importation, marketing, sale, labeling and user 
     manual requirements for such devices are in compliance with 
     FCC Compliance Procedures.

     (c)    Review and Monitoring.  PFI will review the RCP 
     annually to ensure that it is maintained in a proper manner 
     and continues to address the objectives set forth therein.

     11.         PFI agrees that every heated mattress pad and 
heated blanket and associated external switching power supply 
which is imported or marketed by PFI in the United States on or 
after the Effective Date of this Consent Decree shall be 
compliant with Parts 2 and 15 of the Rules before importation and 
marketing by PFI.

     12.       PFI agrees that it will continue to include an 800 
number on its literature and on its heated mattress pads and 
heated blankets and to replace free of charge any non-compliant 
heated mattress pad or heated blanket with a compliant product 
upon receipt of a complaint of interference.
     
     13.       The Bureau agrees that it will not entertain or 
institute, or use the facts developed in this Investigation or 
the existence of this Consent Decree to institute, on its own 
motion, any new proceeding, formal or informal, nor take any 
action on its own motion, or recommend to the full Commission any 
forfeiture or other sanction, against PFI for any alleged 
violation of the Act or the Rules with respect to any heated 
mattress pads and heated blankets and associated external 
switching power supplies marketed by PFI prior to the Effective 
Date of this Consent Decree. 

     14.        PFI agrees that it will file a motion to withdraw 
its Application for Review of the Confidentiality Ruling within 
five (5) days after the Effective Date of this Consent Decree.   
The Bureau agrees that within fifteen days (15) after the 
Effective Date of this Consent Decree, it will issue an Order 
vacating the Confidentiality Ruling and granting PFI's motion to 
withdraw the Application for Review.  

     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 PFI 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 PFI's obligations set forth 
in paragraphs 10 through 12 of this Consent Decree shall remain 
in effect for thirty-six (36) months from the Effective Date.  

     17.       PFI agrees that it will make a voluntary 
contribution to the United States Treasury in the amount of Seven 
Thousand Dollars ($7,000) within 30 calendar days after 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.  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.  The payment should reference NAL/Acct. 
No. 200532100008 and FRN # 0012658035.  

     18.       PFI's decision to enter into this Consent Decree 
is expressly contingent upon the Bureau's issuance of an Adopting 
Order that is consistent with this Consent Decree, and which 
adopts the Consent Decree without change, addition, modification, 
or deletion.  

     19.       The Parties waive any and all 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 Degree and the Adopting Order, provided that the 
Adopting Order adopts the Consent Decree without change, 
addition, modification, or deletion.  

     20.       In the event that this Consent Decree is rendered 
invalid by any court of competent jurisdiction, this Consent 
Decree shall become null and void and may not be used in any 
manner in any legal proceeding.

     21.       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 PFI nor the Commission shall contest 
the continuing validity of this Consent Decree or the 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.

     22.       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.

     23.       PFI 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 addressed in 
this Consent Decree.

     24.       This Consent Decree cannot be modified without the 
advance written consent of both Parties.

     25.       This Consent Decree may be signed in counterparts.

For the Enforcement Bureau:


________________________________
David H. Solomon
Chief, Enforcement Bureau

________________________________
Date


For Perfect Fit Industries, Inc.:


________________________________
Louis R. Morris
President and Chief Executive Officer

________________________________
Date 
_________________________

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

2 47 C.F.R.  2.1 et seq. and  15.1 et seq.

3 47 U.S.C.  154(i).

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

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

6 47 C.F.R.  2.1 et seq. and  15.1 et seq.  

7 Perfect  Fit Industries,  Inc., 19  FCC Rcd  19889 (Enf.  Bur., 
Spectrum Enf. Div., 2004).