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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                               
                                                                          
                                          )                               
                                                                          
                                          )   File No. EB-07-SE-059       
     In the Matter of                                                     
                                          )   NAL/Acct. No. 200832100007  
     Broadcast Microwave Services, Inc.                                   
                                          )   FRN: 0007212525             
                                                                          
                                          )                               
                                                                          
                                          )                               


                                     ORDER

   Adopted: December 5, 2007 Released: December 10, 2007

   By the Chief, Enforcement Bureau

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") of the Federal
       Communications Commission ("FCC" or "Commission") and Broadcast
       Microwave Services, Inc. ("Broadcast Microwave"). The Consent Decree
       terminates the Bureau's investigation into whether Broadcast Microwave
       manufactured, imported, marketed, leased and/or sold certain 4.9 GHz
       equipment in violation of Section 302(b) of the Communications Act of
       1934, as amended ("Act"), and Parts 2 and 90 of the Commission's Rules
       ("Rules").

    2. The Bureau and Broadcast Microwave have negotiated the terms of the
       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 Broadcast Microwave 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 Sections 0.111 and 0.311 of the Rules,
       the attached Consent Decree IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigatory
       proceeding IS TERMINATED.

    7. IT IS FURTHER ORDERED that Broadcast Microwave 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 copies of this Order shall be sent by
       regular first class mail and certified mail - return receipt
       requested, to Graham Bunney, Broadcast Microwave Services, Inc., 12367
       Crosthwaite Circle, Poway, California 92064, and to its counsel, David
       Hilliard, Esq. and John Kuzin, Esq., Wiley Rein LLP, 1776 K St., NW,
       Washington, DC 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                 CONSENT DECREE

   I. INTRODUCTION

   1. The Enforcement Bureau ("Bureau") of the Federal Communications
   Commission ("Commission") and Broadcast Microwave Services, Inc. ("BMS"),
   by their respective authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   into whether BMS violated Section 302(b) of the Communications Act of
   1934, as amended ("Act"),  and certain of the Commission's rules regarding
   the manufacture, importation, marketing, lease and/or sale  of certain 4.9
   GHz equipment used by public safety agencies to transmit real-time video
   and data; and the identification, labeling and notice requirements for
   such equipment.

   II. DEFINITIONS

    2. 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.
   S:S:151 et seq.

   (b) "Adopting Order" means an order of the Bureau adopting the terms and
   conditions of this Consent Decree.

   (c) "BMS" means Broadcast Microwave Services, Inc., its subsidiaries,
   affiliates and any successors or assigns.

   (d) "Bureau" means the Enforcement Bureau of the Federal Communications
   Commission.

   (e) "CCII" means the 4.9 GHz Carry-Coder II COFDM Digital Wireless Camera
   System.

   (f) "Commission" and "FCC" mean the Federal Communications Commission.

   (g) "Effective Date" means the date on which the Bureau releases the
   Adopting Order.

   (h) "Investigation" means the investigation commenced by the Bureau's May
   23, 2007 Letter of Inquiry regarding whether BMS violated Section 302(b)
   of the Act and/or Section 2.803 of the Rules.

   (i) "Parties" means BMS and the Bureau.

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

   III. BACKGROUND

   3. BMS manufactures and distributes the Carry-Coder II ("CCII") COFDM
   Digital Wireless Camera System that operates in the 4.9 GHz band. The CCII
   System provides law enforcement and public safety agencies with real-time
   video and data transmission capabilities.

   4. On May 23, 2007, the Bureau initiated an investigation by issuing a
   Letter of Inquiry ("LOI") directing BMS to provide information relating to
   its compliance with the Commission's equipment authorization and marketing
   rules for BMS's CCII equipment. BMS submitted its response to the Bureau's
   LOI on June 22, 2007.

   5. Pursuant to Section 302(b) of the Act and Parts 2 and 90 of the Rules,
   BMS's CCII equipment must be authorized in accordance with the
   Commission's regulations prior to the marketing or sale of such equipment.

   IV. TERMS OF AGREEMENT

   6. 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.

   7. 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 BMS 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, BMS 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.

   8. The Parties agree that this Consent Decree shall become binding on the
   Parties on the Effective Date. Upon the Effective Date, 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
   entitling the Commission to exercise any rights and remedies attendant to
   the enforcement of a Commission order.

   9. The Parties acknowledge and agree that this Consent Decree shall
   constitute a final and binding settlement between BMS and the Bureau
   regarding possible violations of the Act and the Rules with respect to the
   manufacture, marketing, lease, or sale by BMS of any CCII equipment prior
   to the Effective Date of this Consent Decree.

   10. 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
   BMS may have violated the Act or the Commission's Rules with respect to
   the manufacture, importation, marketing, lease, use or sale by BMS of any
   CCII equipment prior to the Effective Date of this Consent Decree.

   11. In consideration for termination by the Bureau of the investigation
   and in accordance with the terms of this Consent Decree, BMS agrees to the
   terms set forth herein.

   12. BMS acknowledges, and the Bureau agrees, that the Bureau has
   jurisdiction over the matters contained in this Consent Decree and the
   authority to enter into and adopt this Consent Decree.

   13. BMS will implement an FCC Regulatory Compliance Plan ("RCP") related
   to BMS's future compliance with the Act, the Commission's Rules, and the
   Commission's orders. The entire RCP will include the following components:

   (a) FCC Compliance Procedures. BMS shall develop and update, as necessary
   and in association with legal counsel, appropriate FCC Compliance
   Procedures. Relevant BMS personnel shall be made aware of the FCC
   Compliance Procedures and be required to follow them. The FCC Compliance
   Procedures will, among other things, address the equipment authorization
   and marketing requirements of the Act and the Commission's Rules in Part 2
   that apply to the devices manufactured, imported, marketed, leased and
   sold by BMS in the United States and covered by this Consent Decree.

   (b) Compliance Engineer. BMS shall designate a Regulatory Compliance
   Engineer ("Compliance Engineer") who will administer the RCP, supervise
   BMS's compliance with the Act, the Commission's Rules and this Consent
   Decree, and serve as the BMS point of contact for all Commission-related
   compliance matters. The Compliance Engineer will report to the President
   of BMS, who will retain ultimate responsibility within BMS for determining
   whether the manufacture, importation, marketing, sale, lease, labeling and
   notice requirements for such devices are in compliance with the FCC
   Compliance Procedures.

   (c) Review and Monitoring. BMS will review the RCP annually, in
   association with legal counsel, to ensure that it is maintained in a
   proper manner and continues to address the objectives set forth therein.

   14. The Bureau agrees that, in the absence of new material evidence, it
   will not entertain or institute, or use the facts developed in this
   investigation or the existence of this Consent Decree to institute on its
   own motion or in response to a third party complaint 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 BMS for any
   alleged violation of the Act or the Rules with respect to the CCII
   equipment that was manufactured, imported, marketed, leased, or sold by
   BMS prior to the Effective Date of this Consent Decree. The Commission
   further agrees that, in the absence of new material evidence, it will not
   use the facts developed in this Investigation through the Effective Date,
   or the existence of this Consent Decree, to institute on its own motion or
   in response to a third party complaint any proceeding, formal or informal,
   or take any action on its own motion, against BMS with respect to its
   basic qualifications, including its character qualifications, to be a
   Commission licensee. Nothing in this Consent Decree shall prevent the
   Bureau from instituting, or recommending to the Commission, new
   investigations or enforcement proceedings against BMS, 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.

   15. BMS agrees that the CCII equipment that is distributed by BMS on or
   after the Effective Date of this Consent Decree shall be compliant with
   the Commission's Rules.

   16. Each Party agrees that it 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 BMS 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 BMS's obligations set forth in paragraph 13 of
   this Consent Decree shall remain in effect for twenty-four (24) months 
   from the Effective Date of this Consent Decree.

   18. BMS agrees that it will make a voluntary contribution to the United
   States Treasury in the amount of Five Thousand Dollars ($5,000) 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 include NAL/Acct. No. 200832100007 and FCC Registration Number
   0007212525.

   19. BMS'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, modification, or deletion.

   20. 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.

   21. In the event that any court of competent jurisdiction renders invalid
   this Consent Decree, it shall become null and void and may not be used in
   any manner in any legal proceeding.

   22. 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 BMS nor the Commission shall contest the continuing validity of
   this Consent Decree or the Adopting Order, and BMS and the Commission will
   waive any right to a trial de novo with respect to any matter upon which
   the Adopting Order is based and will consent to a judgment incorporating
   the terms of this Consent Decree. 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.

   23. The Parties 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.

   24. BMS 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.

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

   26. This Consent Decree may be signed in counterparts.

   For the Enforcement Bureau:

   ________________________________

   Kris Anne Monteith

   Chief, Enforcement Bureau

   ________________________________

   Date

   For Broadcast Microwave Services, Inc.

   ________________________________

   Graham Bunney

   President and General Manager

   ________________________________

   Date

   47 U.S.C. S: 302a(b).

   47 C.F.R. S:S: Parts 2 and 90.

   47 C.F.R. S:S: 0.111, 0.311.

   See, e.g., 47 C.F.R. Parts 2 and 90.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, FCC, to Graham Bunney, President, BMS (May 23, 2007).

   See Letter from David E. Hilliard, Esq., Attorney for BMS, to Jacqueline
   Ellington, Esq., Spectrum Enforcement Division, Enforcement Bureau (June
   22, 2007).

   Federal Communications Commission DA 07-4894

                                       1