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Federal Communications Commission
Washington, D.C. 20554
File No. EB-07-SE-302
In the Matter of )
Acct. No. 200832100043
Rajant Corporation )
FRN # : 0016765612
Adopted: May 28, 2008 Released: May 30, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and Rajant Corporation ("Rajant"). The
Consent Decree terminates an investigation initiated by the Enforcement
Bureau into whether certain wireless broadband network devices marketed in
the United States by Rajant comply with the requirements of Section 302(b)
of the Communications Act of 1934, as amended, ("Act") and Parts 2 and 15
of the Commission's Rules ("Rules").
2. The Enforcement Bureau and Rajant 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. In the absence of new material evidence relating to this matter, we
conclude that no substantial or material questions of fact exist with
respect to this matter as to whether Rajant 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 would 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,
and the authority delegated by section 0.111 and 0.311 of the Commission's
Rules, that the attached Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is
7. IT IS FURTHER ORDERED that Rajant 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 Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to
U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number 27000001.
For payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code).
8. IT IS FURTHER ORDERED that a copy of the Order and Consent Decree shall
be sent by first class mail and certified mail, return receipt requested,
to Patricia J. Paoletta, Harris, Wiltshire & Grannis, LLP, 1200 18th St.,
N.W., Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("FCC" or "Commission") and Rajant Corporation ("Rajant") hereby enter
into this Consent Decree for the purpose of terminating the Bureau's
investigation into possible noncompliance with Section 302(b) of the
Communications Act of 1934, as amended ("Act"), and Parts 2 and 15 of the
Commission's Rules ("Rules").
For purposes of this Consent Decree, the following definitions shall
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S:S: 151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms and
conditions of this Consent Decree.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
d. "Commission" and "FCC" mean the Federal Communications Commission.
e. "Rajant" means Rajant Corporation, its subsidiaries, affiliates and
any successors or assigns.
f. "Effective Date" means the date on which the Bureau releases the
g. "Investigation" means the investigation commenced by Rajant's
disclosure to the Bureau in File No. EB-07-SE-302 of issues regarding
Rajant's compliance with Section 302(b) of the Act and Parts 2 and 15
of the Commission's Rules.
h. "Parties" means Rajant and the Bureau.
i. "Rules" means the Commission's rules found in Title 47 of the Code of
1. Under Section 302(b) of the Act and Parts 2 and 15 of the Rules,
certain wireless broadband network devices must be authorized in
accordance with the Commission's Rules and comply with all applicable
technical standards and labeling requirements prior to importation or
marketing in the United States. In July and August 2007, Rajant
voluntarily disclosed to the Office of Engineering and Technology and
Bureau staff that it had recently discovered issues regarding Rajant's
compliance with Section 302(b) of the Act and Parts 2 and 15 with
respect to some of its wireless broadband network devices. On August
23, 2007, Rajant met with Bureau staff and provided additional
information regarding Rajant's compliance with Section 302(b) of the
Act and Parts 2 and 15 of the Rules.
2. On September 4, 2007, the Bureau issued a Letter of Inquiry ("LOI") to
Rajant in File No. EB-07-SE-302 to initiate an investigation into
whether certain Rajant wireless broadband network devices were in
compliance with Section 302(b) of the Act and Parts 2 and 15 of the
Commission's Rules. On October 4, 2007, Rajant sent its response to
the Bureau. Rajant subsequently sought an additional meeting to update
the Bureau on the status of its certifications. On November 15, 2007,
the Bureau met with Rajant to discuss the issues raised in the LOI.
III. 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 nor a factual or legal finding or
determination regarding any compliance or noncompliance by Rajant 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, Rajant
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
6. The Parties acknowledge and agree that this Consent Decree shall
constitute a final and binding settlement between Rajant and the
Bureau regarding possible violations of the Act and the Rules with
respect to the importation and marketing of wireless broadband network
devices by Rajant 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 Rajant may have violated the Act or the Rules with respect to
Rajant's wireless broadband network devices prior to the Effective
Date of this Consent Decree.
8. In consideration for the termination by the Bureau of the
Investigation and in accordance with the terms of this Consent Decree,
Rajant agrees to the terms set forth herein.
9. Rajant 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. Rajant has implemented a Federal Communications Commission Regulatory
Compliance Plan ("FCC Compliance Plan") related to Rajant's future
compliance with the Act, the Commission's Rules, and the Commission's
orders. Rajant's FCC Compliance Plan includes, at a minimum, the
a. FCC Compliance Procedures. Rajant shall develop and update as
necessary appropriate FCC Compliance Procedures. Relevant Rajant
personnel shall be trained on the FCC Compliance Procedures and shall
be required 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 the wireless broadband
network devices and accessories imported, marketed and sold by Rajant
in the United States, as well as the Commission's Rules regarding
labeling and user manual statements for such devices.
b. Compliance Officer. Rajant shall designate an FCC Compliance Officer
("Compliance Officer") who will administer the FCC Compliance Plan,
supervise Rajant's compliance with the Act, the Commission's Rules
and the Consent Decree, and serve as the Rajant point of contact for
all Commission-related compliance matters. The Compliance Officer
will be assigned responsibility within Rajant for determining whether
the manufacture, importation, marketing, sale, labeling and user
manual requirements for Rajant's devices are in compliance with the
FCC Compliance Procedures.
c. Interference Complaints. Any interference complaints received by
Rajant shall be promptly forwarded to the Compliance Officer for
appropriate consideration and action. To the extent Rajant concludes,
after appropriate investigation in response to a complaint, that the
interference results from the fact that the devices were
non-compliant with the Rules, Rajant shall take appropriate remedial
action at no charge to the complainant.
d. Review and Monitoring. Rajant will review the FCC Compliance Plan
annually to ensure that it is maintained in a proper manner and
continues to address the objectives set forth therein.
11. Rajant agrees that every wireless broadband network device and
accessory that is imported or marketed by Rajant in the Untied States
on or after the Effective Date of this Consent Decree shall be
compliant with the Act and the Rules before importation and marketing
12. The Bureau agrees that, in the absence of new material evidence, it
will not entertain or institute, or use the facts developed in the
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, nor recommend to the full Commission any
forfeiture, penalty or other sanction, against Rajant for any alleged
violation of the Act or the Rules with respect to any Rajant wireless
broadband network device that occurred prior to the Effective Date of
this Consent Decree. The Bureau also agrees that, in the absence of
new material evidence, it will not use the facts developed in the
Investigation through the Effective Date or the existence of this
Consent Decree to initiate any proceeding, formal or informal, or take
any action against Rajant with respect to Rajant's qualifications to
hold any Commission license or authorization. Nothing in this Consent
Decree shall prevent the Bureau from instituting, or recommending to
the Commission, new investigations or enforcement proceedings against
Rajant, in the event of any alleged future misconduct for violation of
this Consent Decree or for violation of the Act or the Commission's
Rules, consistent with the provisions of this Consent Decree.
13. 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 Rajant 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.
14. Rajant agrees to make a voluntary contribution to the United States
Treasury in the amount of $29,400 within thirty (30) calendar days
after the Effective Date of the Adopting Order. This voluntary
contribution does not constitute a fine or penalty for, or admission
of, a violation of any law, the Act, or the Rules. The payment must be
made by check or similar instrument, payable to the Order of the
Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced in the caption to the
Adopting Order. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account number
in block number 23A (call sign/other ID), and enter the letters "FORF"
in block number 24A (payment type code).
15. Rajant'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 that adopts the Consent Decree
without change, addition, modification or deletion.
16. 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 Decree
and Adopting Order, provided the Bureau issues an Adopting Order
adopting the Consent Decree without change, addition, modification, or
17. In the event that this Consent Decree is rendered invalid by a court
of competent jurisdiction, it shall become null and void and may not
be used in any manner in any legal proceeding.
18. By this Consent Decree, Rajant neither waives nor alters its right to
assert and seek protection from disclosure of any privileged or
otherwise confidential and protected documents and information, or to
seek appropriate safeguards of confidentiality for any competitively
sensitive or proprietary information.
19. 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 Rajant nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and Rajant and the Commission
will waive any statutory right to a trial de novo with respect to the
issuance of the Adopting Order and shall consent to a judgment
incorporating the terms of this Consent Decree.
20. Rajant agrees that any violation of the Adopting Order or of this
Consent Decree (upon its adoption) shall constitute a separate
violation of a Commission order, entitling the Commission to exercise
any rights and remedies attendant to the enforcement of a Commission
21. The Parties agree that any provision of this Consent Decree that
conflicts with any subsequent rule or order of general applicability
or other decision of general applicability adopted by the Commission
(except an order specifically intended to revise the terms of this
Consent Decree to which Rajant does not consent) will be superseded by
such Commission Rule or order.
22. Rajant waives any rights it may have under any provision of the Equal
Access to Justice Act, 5 U.S.C. Section 504 and 47 C.F.R. Section
1.1501 et seq., relating to the matters addressed in this Consent
23. The Parties agree that Rajant's obligations under the Consent Decree
shall expire twenty-four (24) months from the Effective Date of the
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:
Kris Anne Monteith
Chief, Enforcement Bureau
For Rajant Corporation:
Chief Executive Officer
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq.
47 U.S.C. S: 154(i).
47 C.F.R. S: S: 0.111, 0.311.
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.1 et seq. and S: 15.101 et seq.
Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant
Corporation (September 4, 2007).
Letter from Patricia J. Paoletta, Esq., Counsel for Rajant Corporation, to
Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau
(October 4, 2007).
Federal Communications Commission DA 08-1019
Federal Communications Commission DA 08-1019