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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                               
                                         File No. EB-06-SE-247       
     In the Matter of                )                               
                                         NAL/Acct. No. 200732100007  
     Boston Scientific Corporation   )                               
                                         FRN # 0015229735            
                                     )                               


                                     ORDER

   Adopted: December 5, 2006 Released: December 7, 2006

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau and the Cardiac Rhythm Management
       business unit of Boston Scientific Corporation (hereinafter "Boston
       Scientific CRM"). The Consent Decree terminates an investigation
       initiated by the Enforcement Bureau into the use of the 90-110 kHz
       band by certain implantable cardiac devices manufactured and sold by
       Boston Scientific CRM, and the extent to which these devices have
       obtained the required equipment authorizations in compliance with
       Section 302(b) of the Communications Act of 1934, as amended ("Act")
       and Parts 2 and 15 of the Commission's rules.

    2. The Enforcement Bureau and Boston Scientific CRM 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 Boston Scientific CRM 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 Sections 0.111 and 0.311 of the Commission's rules, the attached
       Consent Decree IS ADOPTED.

    6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that Boston Scientific CRM 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, P.O. Box 358340,
       Pittsburgh, PA 15251-8340.  Payment by overnight mail may be sent to
       Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251. Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

    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 Ronald Reimann, Jr., Boston Scientific Corporation, 4100
       Hamline Avenue North, St. Paul, Minnesota 55112, and to Robert J.
       Ungar, Esq. and Terry G. Mahn, Esq., Fish & Richardson, P.C., 1425 K
       Street, N.W., 11^th Floor, Washington, DC 20005-3500.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") of the Federal Communications Commission
   (the "FCC" or "Commission") and the Cardiac Rhythm Management business
   unit of Boston Scientific Corporation, (hereinafter "Boston Scientific
   CRM"), by their authorized representatives, hereby enter into this Consent
   Decree for the purpose of terminating the Bureau's investigation into
   whether certain Boston Scientific CRM implantable cardiac devices ("ICDs")
   meet the requirements of Section 302(b) of the Communications Act of 1934,
   as amended (the "Act"), and Parts 2 and 15 of the Commission's rules.

   Background

    1. Boston Scientific CRM manufactures and markets ICDs designed to manage
       heart rhythms. ICDs in three Boston Scientific CRM product families -
       the PDM, PD2 and Contak Renewal TR/2 families - use inductive coupling
       to provide information about heart function to external monitoring
       devices. Issues concerning radiofrequency ("RF") emissions in the
       90-110 kHz restricted frequency band produced as a by-product of the
       inductive coupling function led Boston Scientific CRM to seek the
       advice, beginning in 2004, of the staff of the Office of Engineering
       and Technology ("OET") and the National Telecommunications and
       Information Administration ("NTIA") of the Department of Commerce.
       Boston Scientific CRM met with the Enforcement Bureau staff on March
       23, 2006. As a result of that meeting, Boston Scientific CRM submitted
       a petition for waiver on June 6, 2006 to allow usage of the 90-110 kHz
       band for inductive telemetry in existing and future products until
       engineering changes could be made.

    2. On June 27, 2006, the Bureau issued a Letter of Inquiry ("LOI") to
       Boston Scientific CRM initiating an investigation into whether Boston
       Scientific CRM's inductively coupled ICDs produced RF emissions in the
       90-110 kHz band and the extent to which Boston Scientific CRM had
       obtained Commission authorizations for its ICDs. Boston Scientific CRM
       submitted its response to the LOI on August 10, 2006.

    3. The Bureau's investigation did not relate to the safety or efficacy of
       the Boston Scientific CRM ICDs. Rather, the investigation was limited
       to use of the 90-110 kHz restricted band and whether Boston Scientific
       CRM had the required equipment authorizations for the inductive
       (magnetic) telemetry systems in certain of Boston Scientific CRM's
       ICDs.

   Definitions

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

     a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. SS
        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
        Commission.

     d. "Commission" and "FCC" mean the Federal Communications Commission.

     e. "Effective Date" means the date on which the Bureau releases the
        Adopting Order.

     f. "Investigation" means the investigation commenced by the Bureau's
        June 27, 2006 Letter of Inquiry regarding Boston Scientific CRM's use
        of the 90-110 kHz band and whether it had obtained required equipment
        authorizations for its ICDs.

     g. "Parties" means Boston Scientific CRM and the Bureau.

     h. "Rules" means the Commission's Rules found in Title 47 of the Code of
        Federal Regulations.

     i. "Boston Scientific CRM" means the Cardiac Rhythm Management business
        unit of Boston Scientific Corporation, including affiliates,
        subsidiaries and/or successors.

   Terms of Agreement

    5. 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.

    6. Boston Scientific CRM agrees that the Bureau has jurisdiction over it
       and the subject matter contained in this Consent Decree and the
       authority to enter into and adopt this Consent Decree.

    7. The Parties agree and acknowledge that this Consent Decree shall
       constitute a final settlement of the Investigation between Boston
       Scientific CRM and the Bureau. In express reliance on the covenants
       and representations contained herein, the Bureau agrees to terminate
       the Investigation. In consideration for the termination of this
       Investigation and in accordance with the terms of this Consent Decree,
       Boston Scientific CRM agrees to the terms, conditions and procedures
       contained herein.

    8. 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.

    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 regarding any compliance or noncompliance by Boston
       Scientific CRM with the requirements of the Act or the Commission's
       rules or orders. The Parties agree that this Consent Decree is for
       settlement purposes only and that by agreeing to this Consent Decree,
       Boston Scientific CRM does not admit or deny any noncompliance,
       violation, or liability associated with or arising from its actions or
       omissions involving the Act or the Commission's rules that are the
       subject of this Consent Decree.

   10. Boston Scientific CRM agrees to make a voluntary contribution to the
       United States Treasury, without further protest or recourse, in the
       amount of $25,000 within thirty (30) calendar days after the Effective
       Date of the Adopting Order. This voluntary payment does not constitute
       a fine or penalty for, or admission of, a violation of any law. Such
       contribution shall be made 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,
       P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail
       may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number
       911-6106. The payment should reference NAL/Acct. No. 200732100007 and
       FRN # 0015229735.

   11. Boston Scientific CRM has begun and will continue to implement an FCC
       Regulatory Compliance Plan to ensure compliance with the Act, the
       Rules, and the Commission's orders. Specifically, Boston Scientific
       CRM has taken and will continue to take the following steps:

     * Engineering Compliance Manager. Boston Scientific CRM  has  appointed
       an Engineering Compliance Manager with oversight of FCC regulatory
       compliance for CRM devices, including verification and certification,
       input and involvement in engineering decisions, and access to
       experienced outside legal counsel with expertise in FCC compliance
       matters. Boston Scientific CRM's Engineering Compliance Manager has
       also been involved in affecting procedural and systemic changes to
       ensure FCC compliance. Boston Scientific also has a Chief Compliance
       Officer for its Cardiac Rhythm Management and Cardiac Surgery
       businesses ("CRM/CS CCO"). The CRM/CS CCO is a senior-level official
       who has the ability to effectuate change within the organization as
       necessary and to exercise independent judgment. The CRM/CS CCO is
       charged with the responsibility for developing, operating and
       monitoring the CRM compliance program, including providing an internal
       line of communication to allow confidential reports of potential
       violations. The Chief Compliance Officer coordinates with the
       Engineering Compliance Manager on engineering compliance matters.

     * Staffing and Training. Boston Scientific CRM has established an RF
       technology engineering group and trained them on FCC licensing and
       compliance, including verification and certification testing.
       Engineers in the group coordinate with the Engineering Compliance
       Manager and are involved in a variety of matters relating to radio
       frequency technology, including design evaluation, testing, and
       regulatory submissions.

     * Product Approval and Distribution. Boston Scientific CRM's product
       approval process and distribution process for ICDs are being enhanced
       to further ensure FCC compliance, including verification and
       certification testing of all product designs. Specifically:

          * The Product Development Process is being formally modified to add
            a required procedure to ensure all electromagnetic energy
            transmission testing is completed and passed prior to product
            design approval. This includes verification or certification
            testing being certified by the Engineering Compliance Manager in
            writing that the product is compliant with all FCC regulations.
            This process modification will be complete by December 31, 2006.

          * The Product Release Approval (PRA) process is being formally
            modified to include electromagnetic compliance licensing
            approvals to prevent product being sold until the Engineering
            Compliance Manager has certified in writing that the product has
            all its necessary regulatory approvals. This process modification
            will be complete by December 31, 2006.

     * Technical Design Requirement. Boston Scientific CRM has established a
       Technical Requirement for ICDs specifying compliance with the 90-110
       kHz restricted band regulation for all future products. This
       Requirement will be mandated in future Boston Scientific CRM product
       definitions and specifies device testing as part of the product
       development test strategy.

     * Interference Complaints. Boston Scientific CRM has established a
       process for handling any interference complaints. Specifically, Boston
       Scientific CRM has ensured that any interference complaints are
       handled appropriately by Boston Scientific CRM's Technical Services
       group with support from Boston Scientific CRM's radio frequency
       engineering group.

     * Review and Monitoring. Boston Scientific CRM 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.

   12. The Bureau agrees that, in the absence of new material evidence, it
       shall not on its own motion or in response to third-party objection,
       initiate any inquiries, investigations, forfeiture proceedings,
       hearings, or other sanctions or actions against Boston Scientific CRM
       based in whole or in part on the Investigation. The Bureau also agrees
       that, in the absence of new material evidence, it will not initiate or
       recommend to the Commission any new proceeding, formal or informal,
       against Boston Scientific CRM regarding the matters that were the
       subject of the Investigation. The Bureau further agrees that, in the
       absence of new material evidence, it will not use the facts developed
       in the Investigation through the Effective Date to initiate on its own
       motion, or recommend to the Commission, any proceeding, formal or
       informal, or take any action on its own motion against Boston
       Scientific CRM with respect to Boston Scientific CRM's basic
       qualifications to hold Commission licenses or authorizations.

   13. Boston Scientific CRM'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 or modification.

   14. Provided the Bureau issues an Adopting Order adopting the Consent
       Decree without change, addition or modification, 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 the Adopting Order.

   15. 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 Boston Scientific CRM nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Boston
       Scientific CRM 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.

   16. 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.

   17. By this Consent Decree, Boston Scientific CRM 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.

   18. 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 Boston Scientific CRM 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.

   19. The Parties agree that if any provision of this Consent Decree
       conflicts with any subsequent rule, order of general applicability or
       other decision of general applicability adopted by the Commission,
       that provision will be superceded by such Commission rule or order.

   20. Boston Scientific CRM waives any rights it may have under any
       provision of the Equal Access to Justice Act, 5 U.S.C. S 504 and 47
       C.F.R. S 1.1501 et seq., relating to the matters addressed in this
       Consent Decree.

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

   22. The Parties agree that the requirements of this Consent Decree shall
       expire twenty-four (24) months from the Effective Date.

   23. This Consent Decree may be signed in counterparts.

   For: Boston Scientific Corporation

   ___________________________

   William F. McConnell, Jr.

   Senior Vice President, Administration

   Date: ___________________________

   For: Enforcement Bureau

   Federal Communications Commission

   ____________________________

   Kris Anne Monteith

   Chief, Enforcement Bureau

   Date: __________________________

   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. SS 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.

   Respironics, Inc. and Boston Scientific Corporation, Order, ET Docket No.
   05-331, DA 06-2316 (OET, released November 16, 2006).

   See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, to Terry G. Mahn, Esq. and Robert J. Ungar,
   Esq., Counsel for Boston Scientific Corporation (June 27, 2006).

                  Federal Communications Commission DA 06-2452

   1