Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                           
                                                             
                                 )   File No. EB-08-SE-159   
     In the Matter of                                        
                                 )   Acct. No. 200932100042  
     Pro Tech Monitoring, Inc.                               
                                 )   FRN No. 0011314879      
                                                             
                                 )                           


                                     ORDER

   Adopted: February 5, 2009 Released: February 9, 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 Pro Tech Monitoring,
       Inc. ("Pro Tech"). The Consent Decree terminates an investigation of
       Pro Tech by the Bureau for possible violations of Section 302(b) of
       the Communications Act of 1934, as amended ("Act"), and Sections
       2.803(a) and 90.203 of the Commission's Rules ("Rules") regarding the
       marketing and selling of a model of radio frequency transmitting
       equipment, specifically a Global Positioning System ("GPS") based
       tracking device.

    2. The Bureau and Pro Tech 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 Pro Tech 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 Steve Chapin, Chief Executive Officer and President, Pro
       Tech Monitoring, Inc., 2549 Success Drive, Odessa, Florida 33556 and
       Donna A. Balaguer, Esq., Fish & Richardson P.C., 1425 K Street, N.W.,
       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-08-SE-159   
     In the Matter of                                        
                                 )   Acct. No. 200932100042  
     Pro Tech Monitoring, Inc.                               
                                 )   FRN No. 0011314879      
                                                             
                                 )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Pro Tech Monitoring, Inc. ("Pro
   Tech"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   of Pro Tech for possible violations of Section 302(b) of the
   Communications Act of 1934, as amended ("Act"), and Sections 2.803(a) and
   90.203 of the Commission's Rules ("Rules") regarding the marketing and
   selling of radio frequency transmitting equipment, specifically a Global
   Positioning System based tracking device.

   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 8.

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

     g. "Investigation" means the investigation commenced by the Bureau's
        July 16, 2008 letter of inquiry ("LOI") to Pro Tech regarding
        possible violations of Section 302(b) of the Act and Sections
        2.803(a) and 90.203 of the Rules.

     h. "Parties" means Pro Tech and the Bureau.

     i. "Pro Tech" means Pro Tech Monitoring, Inc. and its subsidiaries and
        its predecessors-in-interest and successors-in-interest.

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

   II. BACKGROUND

    2. Pursuant to Section 302(b) of the Act and Sections 2.803(a) and 90.203
       of the Rules, radio frequency devices subject to certification may not
       be marketed or sold unless authorized by the Commission in accordance
       with the applicable technical and administrative provisions of the
       Rules.

    3. On July 16, 2008, the Bureau issued a letter of inquiry (LOI) to Pro
       Tech. The LOI directed Pro Tech, among other things, to submit a sworn
       written response to a series of questions relating to the marketing
       and selling of radio frequency transmitting equipment, specifically a
       Global Positioning System ("GPS") based tracking device. Pro Tech
       responded to the LOI on August 29, 2008.

   III. TERMS OF AGREEMENT

    4. Adopting Order. 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
       without change, addition, modification, or deletion.

    5. Jurisdiction. Pro Tech  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.

    6. 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.

    7. 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, Pro Tech 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 Pro Tech 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 Pro Tech
       with respect to Pro Tech's basic qualifications, including its
       character qualifications, to be a Commission licensee or to hold
       Commission licenses or authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, Pro Tech agrees to maintain a 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. Pro Tech will designate a senior corporate
        officer ("Compliance Officer") who is responsible for administering
        the Compliance Plan.

     b. Training. Pro Tech will retrain, and provide materials concerning
        Parts 2 and 15 of the Rules and the requirements of the Consent
        Decree to, all of its employees who are involved directly or
        indirectly in the marketing and distribution of the radio frequency
        products imported, marketed and sold by Pro Tech in the United
        States.

     c. Compliance Reports. Pro Tech will file compliance reports with the
        Commission ninety (90) days after the Effective Date, twelve (12)
        months after the Effective Date, and twenty four (24) months after
        the Effective Date. Each report shall include a compliance
        certificate from the Compliance Officer stating that the Compliance
        Officer has personal knowledge that Pro Tech has established
        operating procedures intended to ensure compliance with this Consent
        Decree, together with an accompanying statement explaining the basis
        for the Compliance Officer's compliance certification. All compliance
        reports shall be submitted to 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 Linda Nagel at
        Linda.Nagel@fcc.gov and Ricardo Durham at Ricardo.Durham@fcc.gov.

     d. Termination Date. Unless stated otherwise, the requirements of this
        Consent Decree will expire twenty four (24) months after the
        Effective Date.

    9. Voluntary Contribution. Pro Tech agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of seven
       thousand dollars ($7,000). 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). Pro Tech will also send
       electronic notification on the date said payment is made to
       Linda.Nagel@fcc.gov and Ricardo.Durham@fcc.gov.

   10. Waivers. Pro Tech 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. Pro Tech 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
       Pro Tech nor the Commission shall contest the validity of the Consent
       Decree or the Adopting Order, and Pro Tech shall waive any statutory
       right to a trial de novo. Pro Tech 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.

   11. 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.

   12. 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 Pro Tech does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order.

   13. Successors and Assigns. Pro Tech agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   14. 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.

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

   16. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   17. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   18. 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                                    
                                             
     ________________________________        
                                             
     Steve Chapin                            
                                             
     Chief Executive Officer and President   
                                             
     Pro Tech Monitoring, Inc.               
                                             
     ________________________________        
                                             
     Date                                    


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

   47 C.F.R. S:S: 2.803(a), 90.203.

   47 U.S.C. S: 154(i).

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

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

   47 C.F.R. S:S: 2.803(a) and 90.203.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Steve Chapin,
   President and CEO, Pro Tech Monitoring, Inc. (July 16, 2008) ("LOI").

   See LOI.

   See Letter from Steve Chapin, Chief Executive Officer and President, Pro
   Tech Monitoring, Inc. to Marlene H. Dortch, Secretary, Federal
   Communications Commission (August 29, 2008) ("LOI Response").

   Federal Communications Commission DA 09-182

   4

   2

   Federal Communications Commission DA 09-182