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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File Number: EB-06-SJ-024
)
Carnival Cruise Lines Inc. NAL/Acct. No. 200732680001
)
San Juan, Puerto Rico FRN 0015642390
)
)
ORDER
Adopted: June 15, 2007 Released: June 19, 2007
By the Assistant Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Carnival Cruise Lines
Inc. ("Carnival"). The Consent Decree terminates the forfeiture
proceeding initiated by the Bureau against Carnival for its apparent
violation of Section 301 of the Communications Act of 1934, as amended
("Act"), by operating unlicensed radio transmitters.
2. The Bureau and Carnival 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. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
approving the Consent Decree and terminating the forfeiture
proceeding.
4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and the authority
delegated in Sections 0.111 and 0.311 of the Commission's Rules, the
Consent Decree attached to this Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the forfeiture proceeding against Carnival
IS TERMINATED.
6. IT IS FURTHER ORDERED that Carnival Cruise Lines 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, 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, regardless of how sent, must include the
FRN No. referenced above.
7. 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 Carnival Cruise Lines Inc., Charles
Blocksidge, Esquire, Blank, Rome LLP, Watergate, 600 New Hampshire
Ave. NW, Washington, DC 20037 and to Carnival at its address of
record.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission ("Bureau")
and Carnival Cruise Lines Inc. ("Carnival") hereby enter into this Consent
Decree regarding possible violations of Section 301 of the Communications
Act of 1934, as amended ("Act"), concerning Carnival's operation of
certain radio transmitters.
Definitions
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Adopting Order" means the order of the Enforcement Bureau adopting
this Consent Decree;
b. "Act" means the Communications Act of 1934, as amended, Title 47 of
the United States Code;
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
d. "Carnival" means Carnival Cruise Lines, a division of Carnival
Corporation a/k/a Carnival Cruise Lines Inc.;
e. "Commission" means the Federal Communications Commission;
f. "Compliance Plan" means the processes and procedures developed by
Carnival in an effort to ensure compliance with the Communications Act
and the Commission's Rules regarding the operation of its shipboard
Digital Enhanced Cordless Telecommunications ("DECT") system, as
summarized in this Consent Decree;
g. "Final Order" means the Adopting Order that is no longer subject to
administrative or judicial reconsideration, review, appeal, or stay;
h. "Investigation" means the investigation of the alleged Rule violations
by Carnival culminating in the Notice of Apparent Liability for
Forfeiture.
i. "Notice of Apparent Liability for Forfeiture" or "NAL" means Carnival
Cruise Lines Inc., NAL/Acct. No. 200732680001, released October 24,
2006 (corrected copy);
j. "Parties" means the Bureau and Carnival; and
k. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations.
Background
2. In response to a complaint of interference, agents from the
Commission's San Juan Office of the Enforcement Bureau monitored radio
transmissions on the PCS F Block band (1.890 GHz to 1.895 GHz) at the
San Juan, Puerto Rico waterfront. Using direction finding techniques,
the agents determined that Carnival operated radio transmitters on the
PCS F Block frequencies from cruise ships, while docked at the San
Juan harbor.
3. On October 24, 2006, the Enforcement Bureau released the Notice of
Apparent Liability for Forfeiture to Carnival in the amount of $20,000
for apparent willful and repeated violations of Section 301 of the
Act.
4. Carnival and the Bureau acknowledge that any proceeding that might
result from the Investigation will require the significant expenditure
of public and private resources. To conserve such resources and to
promote compliance by Carnival with the Act, Carnival and the Bureau
hereby enter into this Consent Decree in consideration of the mutual
commitments made herein.
Terms of Settlement
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. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. Carnival and the Bureau represent and
warrant that its signatory is duly authorized to enter into this
Consent Decree on its behalf. 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. Carnival 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.
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 modification.
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 the Consent Decree,
Carnival 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 the Investigation and
forfeiture proceeding.
11. Carnival agrees that, as of the release of the Adopting Order
("Effective Date" of this Consent Decree) and until such time as a
U.S. compliant shipboard DECT system is installed:
i. It will de-energize the shipboard DECT systems upon entering one mile
from any US port.
ii. It will disable the F Block band on its shipboard transmitting
equipment upon entering one mile from any US port as a backup to
de-energizing the DECT systems in order to prevent any inadvertent
interference.
iii. The Shipboard Electrical Officer on each of the Carnival vessels
equipped with a DECT system will ensure that the DECT system is
de-energized and the F Block band is disabled prior to the vessel entering
any U.S. port. Within thirty (30) days of the Effective Date of this
Consent Decree, an internal memorandum will be issued to ensure that the
Shipboard Electrical Officer is advised of this Consent Decree.
12. The Parties acknowledge that this Consent Decree shall constitute a
final and binding settlement between Carnival and the Bureau regarding
possible violations of Section 301 of the Act specified in the NAL. In
consideration for termination by the Bureau of the Investigation and
forfeiture proceeding and in accordance with the terms of this Consent
Decree, Carnival agrees to the terms set forth herein.
13. The Bureau 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 Carnival for the possible violations of Section
301 of the Rules committed prior to this Consent Decree. Nothing in
this Consent Decree shall prevent the Bureau from instituting
investigations or enforcement proceedings against Carnival in the
event of any other alleged misconduct that violates this Consent
Decree or that violates any provision of the Act or the Rules.
14. 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.
15. Carnival shall make a voluntary contribution to the United States
Treasury in the amount of twenty thousand dollars ($20,000) within 30
days of the release of the Adopting Order. Such payment will be made
without further protest or recourse, by check or similar instrument,
payable to the order of the Federal Communications Commission. Such
payment will include the FRN No. referenced in the Adopting Order.
Such payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Such payment by overnight mail may be sent to Mellon Bank /LB 358340,
500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Such payment by
wire transfer may be made to ABA Number 043000261, receiving bank
Mellon Bank, and account number 9116229.
16. Carnival waives any and all rights it 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 the Order adopts the Consent Decree without
modification.
17. The effectiveness of this Consent Decree is expressly contingent upon
issuance of the Adopting Order, provided the Adopting Order adopts the
Consent Decree without modification.
18. In the event any court of competent jurisdiction renders this Consent
Decree invalid, the Consent Decree shall become null and void and may
not be used in any manner in any legal proceeding.
19. If the Commission, or the United States on behalf of the Commission,
brings a judicial action to enforce the terms of the Adopting Order,
neither Carnival nor the Commission will contest the validity of the
Consent Decree or Adopting Order, and Carnival will waive any
statutory right to a trial de novo.
20. Carnival agrees to waive any claims it may otherwise have under the
Equal Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. SS 1.1501 et
seq.
21. Any violation of the Consent Decree, including but not limited to a
failure to make a payment required by Paragraph 16 hereof, or the
Adopting Order will constitute a separate violation of a Commission
order, entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.
22. Carnival and the Bureau agree to be bound by the terms and conditions
stated herein.
23. This Consent Decree may be signed in counterparts.
ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By: _________________________________ ___________
George R. Dillon Date
Assistant Chief
Carnival Cruise Lines Inc.
By: _________________________________ ___________
Brian Swensen Date
VP, Technical Operations
47 U.S.C. S 301.
See Carnival Cruise Lines Inc., Notice of Apparent Liability, NAL/Acct.
No. 200732680001 (Enf. Bur. San Juan Office, rel. October 24, 2006)
("NAL").
47 U.S.C. SS 4(i) and 503(b).
47 C.F.R. SS 0.111 and 0.311.
47 U.S.C. S 301.
Federal Communications Commission DA 07-2628
1
Federal Communications Commission DA 07-2628
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