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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Vector Products, Inc. ) File No. EB-03-TS-141
d/b/a Vector Manufacturing, Ltd.)
) NAL/Acct. No. 200432100009
)
) FRN 0009-6109-81
ORDER
Adopted: March 31, 2004 Released: April 2, 2004
By the Chief, Enforcement Bureau, and the Chief, Office of
Engineering and Technology:
1. In this Order, we adopt the attached Consent
Decree entered into between the Enforcement Bureau and the Office
of Engineering and Technology and Vector Products, Inc. d/b/a
Vector Manufacturing, Ltd. (``Vector''). The Consent Decree
terminates an investigation initiated by the Enforcement Bureau
into Vector's compliance with the equipment requirements set
forth in Parts 2 and 15 of the Commission's Rules (``Rules'')
with respect to certain switching power supply battery chargers
imported and marketed by Vector.
2. The Enforcement Bureau, the Office of Engineering
and Technology, and Vector 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 as to whether
Vector possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
authorization.
4. The public interest will be served by adopting the
Consent Decree and terminating the investigation.
5. Accordingly, IT IS ORDERED that, pursuant to
Sections 4(i) and 4(j) of the Communications Act of 1934, 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 Vector IS TERMINATED.
7. IT IS FURTHER ORDERED that Vector Products, Inc.
d/b/a Vector Manufacturing, Ltd. 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 NAL/Acct. No. 200432100009
and FRN 0009-6109-81.
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 Robert L. Powell,
Jr., General Counsel, Vector Manufacturing, Ltd., 4140 SW 28th
Way, Fort Lauderdale, Florida 33312, and to Walter E. Steimel,
Jr., Esq., Greenberg Traurig, LLP, 800 Connecticut Avenue, N.W.,
Suite 500, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
Edmond J. Thomas
Chief, Office of Engineering and
Technology
CONSENT DECREE
The Enforcement Bureau (``Bureau'') and the Office of
Engineering and Technology (``OET'') of the Federal
Communications Commission (``Commission'') and Vector Products,
Inc. d/b/a Vector Manufacturing, Ltd. (``Vector'') hereby enter
into this Consent Decree regarding possible violations of Parts 2
and 15 of the Commission's Rules3 concerning certain switching
power supply battery chargers imported and marketed by Vector.
Background
1. Under Parts 2 and 15 of the Commission's Rules, certain
external switching power supplies must be authorized in
accordance with the Commission's verification procedure and
comply with all applicable technical standards, including
emission limits, and labeling requirements prior to the
initiation of marketing in the United States. In February
2003, Vector began to import and market in the United States
certain switching power supply battery chargers, model numbers
VEC086, VEC087, VEC088, VEC090, VEC092 and VEC093. In May
2003, Vector disclosed to the Commission's Office of
Engineering and Technology (``OET'') that it had incorrectly
determined that these battery charger models were exempt from
the Part 2 and Part 15 requirements and therefore had not
verified or labeled the devices prior to marketing. OET
subsequently referred the matter to the Enforcement Bureau and
the Enforcement Bureau initiated an investigation into
Vector's compliance with Parts 2 and 15 of the Rules with
respect to these battery charger models.
2. In June and July of 2003, Vector obtained multiple
verifications from a Telecommunications Certification Body
(``TCB'') for revised versions of the battery charger models,
labeled the revised battery charger models, and began to
import and market the revised battery charger models in the
United States. In August of 2003, Vector notified OET that
it had become aware of possible inconsistencies in the
Verification reports it received from its TCB. On September
23, 2003, the Enforcement Bureau issued a Public Notice
advising retailers that the OET Laboratory had tested the
revised battery charger models and determined that they were
not in compliance with the Part 15 emission limits and that
continued marketing of these battery charger models may result
in enforcement action.4 Vector ceased marketing the revised
battery charger models and immediately notified its retailers
that the revised battery charger models should be removed from
their shelves. Vector subsequently developed new models of
its switching power supply battery chargers and obtained
verifications from a new TCB for these new models under model
numbers VEC1086A, VEC1087A, VEC1088A, VEC1090A, VEC1092A and
VEC1093A. OET tested these new battery charger models and
determined that they comply with the Part 15 emission limits.
Definitions
3. For the purposes of this Consent Decree the following
definitions shall apply:
(a) ``Commission'' means the Federal
Communications Commission;
(b) ``Bureau'' means the Enforcement Bureau of
the Commission;
(c) ``OET'' means the Office of Engineering and
Technology of the Commission;
(d) ``Vector'' means Vector Products, Inc. d/b/a
Vector Manufacturing, Ltd., its subsidiaries,
affiliates and any successors or assigns;
(e) ``Parties'' means Vector, the Bureau, and
OET;
(f) ``Adopting Order'' means an order of the
Bureau and OET 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 Bureau and
OET;
(h) ``Rules'' means the Commission's Rules found
in Title 47 of the Code of Federal
Regulations; and
(i) ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. §§151 et seq.
Terms of Settlement
4. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau
and OET by incorporation of such provisions by
reference in the Adopting Order.
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. Vector acknowledges that the Bureau and OET have
jurisdiction over the matters contained in this Consent
Decree and the authority to enter into and adopt this
Consent Decree.
7. 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.
8. Vector 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.
9. 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, Vector 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.
10. In express reliance on the covenants and
representations in this Consent Decree, the Bureau
agrees to terminate its investigation into whether
Vector may have violated the Act or the Rules with
respect to any switching power supply battery charger
models imported and marketed prior to the Effective
Date of this Consent Decree.
11. Vector agrees that, as of the Effective Date of this
Consent Decree, every model of switching power supply
battery charger subject to the Commission's Rules that
is imported and marketed by Vector shall be verified
and labeled in accordance with applicable Commission
Rules before importation and marketing by Vector.
Vector further agrees to undertake the development of a
quality assurance/quality control (``QA/QC'') program
to educate employees involved in the design and
development of its products with the Commission's Rules
and their applicability to Vector's products. Vector
will also maintain a QA/QC testing program.
12. Vector has implemented and will maintain a Federal
Communications Commission Regulatory Compliance Plan
(``RCP''). The RCP includes Vector's appointment of a
regulatory compliance officer charged with oversight of
personnel responsible for ensuring that switching power
supply battery chargers comply with all applicable
Commission Rules prior to importation and marketing.
Vector will submit details of its RCP to the Bureau no
later than thirty (30) days after the Effective Date.
Vector may submit its RCP on a confidential basis
pursuant to Sections 0.457 and 0.459 of the
Commission's Rules.5
13. Vector agrees that it will file a motion to withdraw
its petition for reconsideration of the September 23,
2003 Public Notice within five (5) days after the
Effective Date of this Consent Decree. The Bureau
agrees that it will grant Vector's motion and dismiss
the petition for reconsideration.
14. The Parties acknowledge and agree that this Consent
Decree shall constitute a final and binding settlement
between Vector, the Bureau and OET regarding possible
violations of the Act and the Rules with respect to any
switching power supply battery charger models imported
and marketed by Vector prior to the Effective Date of
this Consent Decree. In consideration for termination
by the Bureau of its investigation into whether Vector
may have violated the Act or the Rules with respect to
any switching power supply battery charger models
imported and marketed prior to the Effective Date of
this Consent Decree and in accordance with the terms of
this Consent Decree, Vector agrees to the terms set
forth herein.
15. The Bureau and OET agree that they will not entertain,
or institute on their own motion, any new proceeding,
formal or informal, take any action on their own
motion, or recommend to the full Commission any
forfeiture or other sanction, against Vector for any
alleged violation of the Act or the Rules with respect
to any switching power supply battery charger models
imported and marketed by Vector prior to the Effective
Date of this Consent Decree. Nothing in this Consent
Decree shall prevent the Bureau or OET from instituting
new investigations or enforcement proceedings against
Vector 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.
16. 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 Vector
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.
17. The Parties agree that Vector's obligations under this
Consent Decree shall remain in effect for twenty-four
(24) months from the Effective Date, but that the
Bureau's and OET's covenants and agreements shall be
perpetual. 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.
18. Vector agrees to make a voluntary contribution to the
United States Treasury in the amount of thirty thousand
dollars ($30,000) 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. 200432100009.
19. 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 Vector 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.
20. 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.
21. This Consent Decree cannot be modified without the
advance written consent of all of the Parties.
22. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
By:
David H. Solomon
Chief, Enforcement Bureau
For the Office of Engineering and Technology:
By:
Edmond J. Thomas
Chief, Office of Engineering and Technology
For Vector Products, Inc. d/b/a Vector Manufacturing, Ltd.
By:
Robert L. Powell, Jr., Esq.
General Counsel
Vector Products, Inc. d/b/a Vector Manufacturing, Ltd.
_________________________
1 47 U.S.C. §§ 4(i) and 4(j).
2 47 C.F.R. §§ 0.111, 0.311.
3 47 C.F.R. Parts 2 and 15.
4 Public Notice, Notice Regarding Non-Compliant Battery
Chargers, DA 03-2923 (September 23, 2003). On October 23, 2003,
Vector filed a petition for reconsideration of the Public Notice.
5 47 C.F.R. §§ 0.457, 0.459.