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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No. EB-10-SE-015

   )

   Callaway Golf Company ) Acct. No. 201132100001

   )

   ) FRN No. 0019509942

                                     ORDER

   Adopted: October 4, 2010 Released: October 4, 2010

   By the Chief, Enforcement Bureau:

   1. In this Order, we adopt the attached Consent Decree entered into
   between the Enforcement Bureau ("Bureau") and Callaway Golf Company
   ("Callaway"). The Consent Decree terminates an investigation by the Bureau
   into whether Callaway violated Section 302(b) of the Communications Act of
   1934, as amended ("Act"), and Sections 2.803, 15.19, 15.31(j), and
   15.107(a) of the Commission's rules ("Rules"), regarding the marketing of
   computer peripheral devices and a battery charger.

   2. The Bureau and Callaway 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 there are no substantial or material questions of fact as to
   whether Callaway 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 counsel for Callaway Golf Company, Terry Mahn and Robert J.
   Ungar, Fish & Richardson P.C., 1425 K Street, N.W., 11th floor,
   Washington, D.C. 20005.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington D.C. 20554

   In the Matter of ) File No. EB-10-SE-015

   )

   Callaway Golf Company ) Acct. No. 201132100001

   )

   ) FRN No. 0019509942

                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Callaway Golf Company ("Callaway"),
   by their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Bureau's investigation into whether
   Callaway violated Section 302(b) of the Communications Act of 1934, as
   amended ("Act"), and Sections 2.803, 15.19, 15.31(j), and 15.107(a) of the
   Commission's Rules, regarding the marketing of computer peripheral devices
   and a battery charger.

   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. "Callaway" means Callaway Golf Company and its subsidiaries and their
        predecessors-in-interest and successors-in-interest.

     e. "Commission" and "FCC" mean the Federal Communications Commission and
        all of its bureaus and offices.

     f. "Compliance Plan" means the program described in this Consent Decree
        at paragraph eight (8).

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

     h. "Investigation" means the matter initiated by the Bureau in File
        Number EB-10-SE-015, based on information disclosed to the Bureau by
        Callaway regarding possible violations of Section 302(b) of the Act
        and Sections 2.803(a), 15.19, 15.31(j), and 15.107(a) of the Rules.

     i. "Parties" means Callaway and the Bureau.

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

   II. BACKGROUND

   2. Radio frequency devices that are subject to Section 2.803(a)(2) of the
   Commission's rules must comply with the applicable technical and
   administrative provisions of the Rules prior to being marketed within the
   United States. In addition, Section 15.19 of the Rules specifies labeling
   requirements for radio frequency devices. Section 15.31(j) of the Rules
   provides that when the equipment under test for technical compliance
   consists of a central control unit and a peripheral, and the peripheral or
   central control unit would normally be marketed or used with equipment
   from a different entity, the testing of the peripheral or central control
   unit must be performed using the specific combination of equipment which
   is intended to be marketed or used together. Finally, Section 15.107(a) of
   the Rules prescribes conducted emission limits for unintentional
   radiators.

   3. On January 5, 2010, in a meeting with the staff of the Bureau, and on
   January 22, 2010, in a letter following that meeting, Callaway voluntarily
   disclosed to the Bureau that two models of its uPro hand-held range
   finding devices had not been tested by the methodology prescribed for
   devices subject to a Declaration of Conformity as required by Section
   15.31(j). In addition, Callaway disclosed that the battery charger for one
   model did not meet the Commission's conducted field strength limits as
   required by Section 15.107(a).

   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. Callaway  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 the Investigation. In
   consideration for the termination of said Investigation, Callaway 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 Callaway 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 Callaway with
   respect to Callaway'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,
   Callaway agrees to implement 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) Replacement of Old Devices. Callaway represents that it has replaced
   most of the non-compliant battery chargers for the uPro sold between April
   8, 2008 and October 9, 2009, and will continue to replace any such
   remaining chargers registered in 2010. Through contact information
   supplied by customers during the initial registration of the uPro
   software, Callaway will arrange to provide each such customer with a
   compliant battery charger.

   (b) Compliance Officer. Callaway will designate a Director of Quality
   Assurance and Regulatory Compliance, who will serve as the compliance
   officer responsible for administering the compliance plan.

   (c) Training. Within ninety (90) days, Callaway will provide training and
   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 design, engineering, or quality assurance of devices
   subject to Commission regulation. Callaway will similarly provide training
   to all new employees who are involved directly or indirectly in the
   design, engineering, or quality assurance of devices subject to Commission
   regulation within ninety (90) days of their employment.

   (d) Compliance Report. Callaway 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 Compliance Report shall include a certification by the
   Compliance Officer, as an agent of and on behalf of Callaway, stating that
   the Compliance Officer has personal knowledge that Callaway (i) has
   established operating procedures intended to ensure compliance with the
   terms and conditions of this Consent Decree and the Rules, together with
   an accompanying statement explaining the basis for the Compliance
   Officer's certification; (ii) has been utilizing those procedures since
   the previous Compliance Report was submitted; and (iii) is not aware of
   any instances of non-compliance. The certification must comply with
   Section 1.16 of the Rules and be subscribed to as true under penalty of
   perjury in substantially the form set forth therein.  If the Compliance
   Officer cannot provide the requisite certification, the Compliance
   Officer, as an agent of and on behalf of Callaway, shall provide the
   Commission with a detailed explanation of: (i) any instances of
   non-compliance with this Consent Decree and the Rules,  and (ii) the steps
   that Callaway has taken or will take to remedy each instance of
   non-compliance and ensure future compliance, and the schedule on which
   proposed remedial actions will be taken. 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, with a copy submitted electronically to JoAnn Lucanik at
   JoAnn.Lucanik @ fcc.gov, Kevin Pittman at Kevin.Pittman@fcc.gov, and
   Kathryn Berthot at Kathy.Berthot@fcc.gov.

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

   9. Voluntary Contribution. Callaway agrees that it will make a voluntary
   contribution to the United States Treasury in the amount of ten thousand
   dollars ($10,000). The payment will be made within 30 calendar days after
   the Effective Date. 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). Callaway will also send electronic notification to
   JoAnn.Lucanik@fcc.gov, Kevin.Pittman@fcc.gov, and Kathy.Berthot@fcc.gov on
   the date said payment is made.

   10. Waivers. Callaway 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.
   Callaway 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 Callaway nor the
   Commission shall contest the validity of the Consent Decree or the
   Adopting Order, and Callaway shall waive any statutory right to a trial de
   novo. Callaway 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 Callaway does not expressly consent) that
   provision will be superseded by such Commission Rule or Order.

   13. Successors and Assigns. Callaway 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. The Parties
   agree that this Consent Decree is for settlement purposes only and that by
   agreeing to this Consent Decree, Callaway does not admit or deny
   noncompliance, violation, or liability for violating the Act, Commission's
   Rules or Orders in connection with the matters that are the subject of
   this Consent Decree.

   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                                       
                                                
     ________________________________           
                                                
     David A. Laverty                           
                                                
     Senior Vice President, Global Operations   
                                                
     Callaway Golf Company                      
                                                
     ________________________________           
                                                
     Date                                       


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

   47 C.F.R. S:S: 2.803, 15.19, 15.31(j), 15.107(a).

   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), 15.19, 15.31(j), 15.107(a).

   A "Declaration of Conformity is a procedure where the responsible party .
   . . makes measurements or takes other necessary steps to ensure that the
   equipment complies with the appropriate technical standards." 47 C.F.R. S:
   2.906.

   Federal Communications Commission  DA 10- 1897

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   Federal Communications Commission  DA 10- 1897

   Federal Communications Commission  DA 10-1897

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