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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-09-SE-104
In the Matter of
) Acct. No. 200932100074
VSAT Systems, LLC
) FRN No. 0018756155
)
ORDER
Adopted: August 6, 2009 Released: August 10, 2009
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and VSAT Systems, LLC ("VSAT
Systems"). The Consent Decree terminates an investigation of VSAT
Systems by the Bureau for possible violation of Section 301 of the
Communications Act of 1934, as amended ("Act"), and Section 25.102(a)
of the Commission's Rules ("Rules") regarding the operation of a very
small aperture terminal network.
2. The Bureau and VSAT Systems have negotiated the terms of the Consent
Decree that resolve this matter. 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
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether VSAT Systems possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
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 above-captioned investigation IS
TERMINATED.
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 Michael Kister, President, VSAT Systems, LLC, 1520 S.
Arlington Street, Akron, OH 44306 and Donna A. Balaguer, Esq., Fish &
Richardson P.C., 1425 K Street, N.W., 11th Floor, Washington, D.C.
20005.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-09-SE-104
In the Matter of
) Acct. No. 200932100074
VSAT Systems, LLC
) FRN No. 0018756155
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and VSAT Systems, LLC ("VSAT Systems"),
by their authorized representatives, hereby enter into this Consent Decree
for the purpose of terminating the Bureau's investigation into whether
VSAT Systems violated Section 301 of the Communications Act of 1934, as
amended ("Act"), and Section 25.102(a) of the Commission's rules ("Rules")
regarding operation of a very small aperture terminal ("VSAT") network.
I. DEFINITIONS
1. 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:
151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph seven (7).
f. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
g. "Investigation" means the investigation initiated by the Bureau as a
result of VSAT Systems' disclosure to the Bureau on May 8, 2009,
regarding a possible violation of Section 301 of the Act and Section
25.102(a) of the Rules.
h. "Parties" means VSAT Systems and the Bureau.
i. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
j. "VSAT Systems" means VSAT Systems, LLC, its predecessors-in-interest,
successors-in-interest, members and affiliates, including Skycasters,
LLC and its members.
II. BACKGROUND
2. Section 301 of the Act prohibits a person from using or operating any
apparatus for the transmission of energy or communications or signals
by radio except under and in accordance with the Act and with a
license granted in accordance with the Act. Similarly, under Section
25.102(a) of the Rules, no person may use or operate any apparatus for
the transmission of energy or communications or signals by space or
earth stations except under, and in accordance with, an appropriate
authorization granted by the Commission. On May 8, 2009, VSAT Systems
filed applications with the Commission for authority to continue to
operate a VSAT network that had not been previously authorized.
III. TERMS OF AGREEMENT
3. Adopting Order. The Parties agree that the provisions of the Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
4. Jurisdiction. VSAT Systems agrees that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
5. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
6. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation. In consideration for the termination of said
investigation, VSAT Systems agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in this investigation through the Effective Date of the
Consent Decree, or the existence of this Consent Decree, to institute,
on its own motion, any new proceeding, formal or informal, or take any
action on its own motion against VSAT Systems concerning the matters
that were the subject of the investigation. The Bureau also agrees
that it will not use the facts developed in this investigation through
the Effective Date of this Consent Decree, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against VSAT Systems
with respect to VSAT Systems' basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
7. Compliance Plan. For purposes of settling the matters set forth
herein, VSAT Systems agrees to maintain a Compliance Plan ("Compliance
Plan") related to future compliance with the Act, the Commission's
Rules, and the Commission's Orders. The Compliance Plan will include,
at a minimum, the following components:
a. Compliance Officer. VSAT Systems shall designate a Compliance Officer
("Compliance Officer") who will be responsible for implementing and
administering the Compliance Plan.
b. Training. VSAT Systems will provide training and materials concerning
Part 25 of the Rules and the requirements of the Consent Decree to all
of its employees who are involved directly or indirectly in the
engineering, operation or construction of its VSAT network. Such
training will be completed within ninety (90) days of the Effective
Date and any new employees will receive training within (60) days of
their employment.
c. Compliance Report. VSAT Systems will file reports with the Commission
90 days after the Effective Date, 12 months after the Effective Date,
and 24 months after the Effective Date. Each compliance report shall
include a compliance certificate from an officer, as an agent of VSAT
Systems, stating that the officer has personal knowledge that VSAT
Systems has established operating procedures intended to ensure
compliance with this Consent Decree, together with an accompanying
statement explaining the basis for the officer's compliance
certification. All compliance reports shall be submitted to the Chief,
Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W. Washington, D.C.
20554. All compliance reports shall also be submitted electronically
to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and Jacqueline Ellington at
Jackie.Ellington@fcc.gov.
d. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twenty-four (24) months after the Effective
Date.
8. Voluntary Contribution. VSAT Systems agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
thirteen thousand dollars ($13,000). The payment will be made within
30 days after the Effective Date of the Adopting Order. The payment
must be made by check or similar instrument, payable to the order of
the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced in the caption to the
Adopting Order. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account number
in block number 23A (call sign/other ID), and enter the letters "FORF"
in block number 24A (payment type code). VSAT Systems will also send
electronic notification on the date said payment is made to JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov and Jacqueline Ellington at
Jackie.Ellington@fcc.gov.
9. Waivers. VSAT Systems 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 Bureau issues an Adopting Order
adopting the Consent Decree without change, addition, modification or
deletion. VSAT Systems shall retain the right to challenge Commission
interpretation of the Consent Decree or any terms contained herein. 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
VSAT Systems nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and VSAT Systems shall waive any
statutory right to a trial de novo. VSAT Systems hereby 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. S: 1.1501 et seq., relating
to the matters addressed in this Consent Decree.
10. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
11. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which VSAT Systems does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
12. Successors and Assigns. VSAT Systems agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
transferees.
13. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further 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 with the
requirements of the Act or the Commission's Rules and Orders.
14. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
15. Paragraph Headings. The headings of the Paragraphs in the Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
16. Authorized Representative. Each Party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
17. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
__________________________
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
__________________________
Date
__________________________
Michael Kister
President
VSAT Systems, LLC
__________________________
Date
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
Federal Communications Commission DA 09-1738
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