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Before the
Federal Communications Commission
Washington, D.C. 20554
)
File Nos. EB-05-SE-085
In the Matter of )
and EB-06-SE-182
Telenor Satellite, Inc. )
FRN # 0007673924
)
ORDER
Adopted: June 20, 2007 Released: June 22, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and Telenor Satellite, Inc. ("TSI").
The Consent Decree terminates an investigation initiated by the
Enforcement Bureau into whether TSI violated Section 301 of the
Communications Act of 1934, as amended, and Sections 25.102(a) and
25.117 of the Commission's rules, by apparently failing to timely
renew its blanket license for Inmarsat-C mobile earth stations, call
sign E000284, operating the mobile earth stations after expiration of
its license under call sign E000284, and failing to operate a
satellite earth station in Santa Paula, California, call sign E980136,
within the terms of its authorization.
2. The Enforcement Bureau and TSI 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, in the absence of new material
evidence, we conclude that no substantial or material questions of
fact exist with respect to this matter as to whether TSI 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,
and Sections 0.111 and 0.311 of the Rules, 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 TSI 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 Keith H. Fagan, Senior Counsel, TSI, 1101 Wootton
Parkway, Rockville, MD 20852, and to Robert L. Pettit, Esq., Wiley
Rein LLP, 1776 K Street, NW, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission") and Telenor Satellite, Inc. ("TSI") hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigations
into whether TSI violated Section 301 of the Communications Act of 1934,
as amended, and Sections 25.102(a) and 25.117 of the Commission's rules,
by apparently failing to timely renew its blanket license for Inmarsat-C
mobile earth stations, call sign E000284, operating the mobile earth
stations after expiration of its license under call sign E000284, and
failing to operate a satellite earth station in Santa Paula, California,
call sign E980136, within the terms of its authorization.
I. BACKGROUND
1. On January 19, 2006, during a telephone conversation with
International Bureau staff, counsel for TSI became aware that its
license for call sign E000284 had expired. On March 14, 2006, the
Bureau issued a Letter of Inquiry ("LOI") initiating an investigation
into TSI's apparent failure to timely renew its license for call sign
E000284 and operation of mobile earth stations without authorization
after the expiration of its license. TSI responded to the LOI on April
11, 2006.
2. Subsequently, in April 2006, counsel for TSI became aware that there
was a discrepancy between the licensed and actual operations of call
sign E980136, and so informed the International Bureau. On May 23,
2006, the Bureau issued an LOI initiating an investigation into TSI's
apparent failure to operate earth station E980136 within the terms of
its authorization. TSI responded to the LOI on June 23, 2006.
II. DEFINITIONS
3. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
SS151 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. "Investigations" means the investigations initiated by the Bureau's
March 14, 2006 and May 23, 2006 Letters of Inquiry.
g. "Parties" means TSI and the Bureau.
h. "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
i. "TSI" means Telenor Satellite, Inc., its subsidiaries, affiliates and
any successors or assigns.
III. TERMS OF AGREEMENT
4. 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.
5. 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 TSI 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, TSI 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.
6. 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.
7. The Parties acknowledge and agree that this Consent Decree shall
constitute a final and binding settlement between TSI and the Bureau
regarding possible violations of the Act and the Rules with respect to
the matters that were the subject of the Investigations prior to the
Effective Date of this Consent Decree.
8. 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 Investigations into
whether TSI may have violated the Act or the Rules with respect to the
matters that were the subject of the Investigations prior to the
Effective Date of this Consent Decree.
9. In consideration for termination by the Bureau of the Investigations
and in accordance with the terms of this Consent Decree, TSI agrees to
the terms set forth herein.
10. TSI 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.
11. TSI will implement a Federal Communications Commission Compliance Plan
("FCC Compliance Plan") related to TSI's future compliance with the
Act, the Commission's Rules, and the Commission's orders. The FCC
Compliance Plan will include, at a minimum, the following components:
a. FCC Compliance Procedures. TSI shall develop and update as necessary
appropriate FCC Compliance Procedures. Relevant TSI personnel shall be
trained on the FCC Compliance Procedures and shall be required to
follow them. The FCC Compliance Procedures will, among other things,
include procedures ensuring the timely renewal of all licenses and
authorizations, as well as periodic audits to ensure that all earth
stations are properly licensed and are being operated in accordance
with the terms of their authorizations.
b. Review and Monitoring. TSI 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. TSI agrees that its operation of the above-referenced earth stations
on and after the Effective Date of this Consent Decree shall be
compliant with the Act, the Commission's Rules, and the terms of its
authorizations for such earth stations.
13. The Bureau agrees that, in the absence of new material evidence, it
will not entertain or institute, or use the facts developed in the
Investigations 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 TSI for any alleged violation of
the Act or the Rules with respect to its operation of the
above-referenced earth stations prior to the Effective Date of this
Consent Decree. 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 TSI with
respect to TSI's basic qualifications to hold Commission licenses or
authorizations. Nothing in this Consent Decree shall prevent the
Commission from instituting investigations or enforcement proceedings
against TSI 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 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 TSI 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.
15. The Parties agree that TSI's obligations under the Consent Decree
shall expire twenty-four (24) months after the Effective Date of the
Consent Decree.
16. TSI agrees that it will make a voluntary contribution to the United
States Treasury in the amount of Fifty Thousand Dollars ($50,000)
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, 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. 200732100037 and FRN # 0007673924.
17. TSI'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.
18. 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.
19. 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.
20. 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 TSI 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.
21. The Parties agree that any provision of this Consent Decree that
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.
22. TSI 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.
23. This Consent Decree cannot be modified without the advance written
consent of both Parties.
24. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau: For Telenor Satellite, Inc.:
________________________________ ______________________________
Kris Anne Monteith Barbara L. Spencer
Chief, Enforcement Bureau General Counsel
________________________________ ______________________________
Date Date
47 U.S.C. S 301.
47 C.F.R. SS 25.102(a) and 25.117.
47 U.S.C. S 154(i).
47 C.F.R. SS 0.111, 0.311.
47 U.S.C. S 301.
47 C.F.R. SS 25.102(a) and 25.117.
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, to Telenor Satellite, Inc. (March 14, 2006).
Letter from Robert L. Pettit, Counsel, Telenor Satellite, Inc., to Thomas
D. Fitz-Gibbon, Attorney, Spectrum Enforcement Division, Enforcement
Bureau (April 11, 2006).
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, to Telenor Satellite, Inc. (May 23, 2006).
Letter from Robert L. Pettit, Counsel, Telenor Satellite, Inc., to Thomas
D. Fitz-Gibbon, Attorney, Spectrum Enforcement Division, Enforcement
Bureau (June 23, 2006).
Federal Communications Commission DA 07-2677
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Federal Communications Commission DA 07-2677
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