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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                           
                                                                 
                                     )                           
                                         File No. EB-09-SE-192   
     In the Matter of                )                           
                                         Acct. No. 201032100023  
     Enhanced Vision Systems, Inc.   )                           
                                         FRN No. 0019467430      
                                     )                           
                                                                 
                                     )                           


                                     ORDER

   Adopted: April 5, 2010 Released: April 7, 2010

   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 Enhanced Vision Systems,
       Inc. ("Enhanced Vision"). The Consent Decree terminates an
       investigation by the Bureau against Enhanced Vision for possible
       violations of Section 302(b) of the Communications Act of 1934, as
       amended, and Sections 2.803(a), 15.19, 15.21, and 15.105 of the
       Commission's Rules ("Rules") regarding the marketing of Class B
       Digital Devices, specifically, vision assistance products for the
       legally blind.

    2. The Bureau and Enhanced Vision 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 Enhanced Vision 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
       Communications Act of 1934, as amended, and sections 0.111 and 0.311
       of the Commission's 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 Kamran Siminou, Chief Executive Officer, Enhanced
       Vision, 5882 Machine Drive, Huntington Beach, CA 92649 and to counsel
       for Enhanced Vision, Maureen R. Jeffreys, Esq., Arnold & Porter LLP,
       555 Twelfth Street, NW, Washington, DC 20004-1206.

   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-192   
     In the Matter of                                            
                                     )   Acct. No. 201032100023  
     Enhanced Vision Systems, Inc.                               
                                     )   FRN No. 0019467430      
                                                                 
                                     )                           
                                                                 
                                     )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Enhanced Vision Systems, Inc.
   ("Enhanced Vision"), by their authorized representatives, hereby enter
   into this Consent Decree for the purpose of terminating the Bureau's
   investigation into whether Enhanced Vision complies with Section 302(b) of
   the Communications Act of 1934, as amended, and Sections 2.803(a), 15.19,
   15.21, and 15.105 of the Commission's Rules ("Rules") regarding the
   marketing of Class B Digital Devices, specifically, vision assistance
   products for the legally blind.

   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. "Complaints" means third-party complaints that may have been received
       by, or are in the possession of, the Commission or Bureau alleging
       violations of Section 302(b) of the Act and Sections 2.803(a), 15.19,
       15.21, and 15.105 of the Rules.

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

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

    h. "Enhanced Vision" means Enhanced Vision Systems, Inc. and its
       predecessors-in-interest and successors-in-interest.

    i. "Investigation" means the investigation commenced by the Bureau's
       September 30, 2009, Letter of Inquiry regarding whether Enhanced
       Vision violated Section 302(b) of the Act and Sections 2.803(a),
       15.19, 15.21, and 15.105 of the Rules.

    j. "Parties" means Enhanced Vision and the Bureau.

    k. "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 Section 2.803(a) of the
       Rules, radio frequency devices, may not be marketed in the United
       States unless such devices comply with the applicable technical and
       administrative provisions of the Rules. Class B Digital Devices such
       as Enhanced Vision's products can be authorized using either the
       verification, Declaration of Conformity or certification procedures
       set forth in Part 2 of the Rules, 47 C.F.R. S:S: 2.901-2.1093.
       Finally, Class B digital devices must comply with labeling
       requirements contained in Section 15.19.

    3. On September 30, 2009, the Bureau issued a Letter of Inquiry ("LOI")
       to Enhanced Vision.  The September 30, 2009 LOI directed Enhanced
       Vision, among other things, to submit a sworn written response to a
       series of questions relating to its marketing of certain vision
       assistance products for the legally blind. Enhanced Vision responded
       to the September 30, 2009 LOI on October 27, 2009.

   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. Enhanced Vision 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 and dismiss the Complaints. In consideration for the
       termination of said investigation and dismissal of the Complaints,
       Enhanced Vision 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 Enhanced Vision 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 Enhanced Vision with respect
       to Enhanced Vision's basic qualifications, including its character
       qualifications, to be a Commission licensee or hold Commission
       authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein,  Enhanced Vision agrees to create within 30 days  and maintain
       a Compliance Plan related to future compliance with the Act, the
       Commission's Rules, and the Commission's Orders. The Plan will provide
       for the following components:

    a. FCC Compliance Procedures. Enhanced Vision will develop and update as
       necessary appropriate FCC Compliance Procedures, particularly in the
       areas of labeling and user information requirements. Relevant Enhanced
       Vision personnel will be made aware of the FCC Compliance Procedures
       and will be required to follow them. The FCC Compliance Procedures
       will, among other things, address evaluating all new products to
       ensure compliance with applicable Commission rules.

    b. Compliance Officer. Enhanced Vision will designate a Compliance
       Officer who will be responsible for implementing and administering the
       Compliance Plan.

    c. Compliance Reports. Enhanced Vision will file reports with the
       Commission ninety days after the Effective Date, twelve months after
       the Effective Date, and twenty-four months after the Effective Date.
       Each report shall include a compliance certificate from an officer, as
       an agent of Enhanced Vision, stating that the officer has personal
       knowledge that Enhanced Vision 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 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 reports shall also be submitted electronically to Linda
       Nagel at Linda.Nagel@fcc.gov and to Kathy Berthot at
       Kathy.Berthot@fcc.gov.

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

    9. Voluntary Contribution. Enhanced Vision agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       forty five thousand dollars ($45,000). 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). Enhanced Vision will also
       send electronic notification to Linda Nagel at Linda.Nagel@fcc.gov and
       Kathryn Berthot at Kathy.Berthot@fcc.gov on the date said payment is
       made.

   10. Waivers. Enhanced Vision 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 Order adopting this Consent Decree, provided the Bureau issues
       an Order adopting the Consent Decree without change, addition,
       modification, or deletion. Enhanced Vision 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 Enhanced Vision nor the Commission shall
       contest the validity of the Consent Decree or the Adopting Order, and
       Enhanced Vision shall waive any statutory right to a trial de novo.
       Enhanced Vision 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 Enhanced Vision does not
       expressly consent) that provision will be superseded by such
       Commission rule or Order.

   13. Successors and Assigns. Enhanced Vision 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                                   
                                            
     ________________________________       
                                            
     Kamran Siminou                         
                                            
     Chief Executive Officer                
                                            
     Enhanced Vision Systems, Inc.          
                                            
     ________________________________       
                                            
     Date                                   


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

   47 C.F.R. S: 2.803(a), 15.19, 15.21, and 15.105.

   A Class B digital device is "[a] digital device that is marketed for use
   in a residential environment notwithstanding use in commercial, business
   and industrial environments." 47 C.F.R. S: 15.3(i).

   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), 2.1077, 15.19, 15.21, and 15.105.

   A Class B digital device is "[a] digital device that is marketed for use
   in a residential environment notwithstanding use in commercial, business
   and industrial environments." 47 C.F.R. S: 15.3(i).

   See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission to Mr. Hal
   Reisiger, President, Enhanced Vision (September 30, 2009) ("September 30,
   2009 LOI").

   47 C.F.R. S: 15.19.

   See September 30, 2009 LOI.

   See Letter from Maureen R. Jeffreys, Esq., Arnold & Porter LLP, counsel
   for Enhanced Vision Systems, Inc. to Marlene H. Dortch, Secretary, Federal
   Communications Commission (October 27, 2009).

   Federal Communications Commission DA 10-521

   5

   Federal Communications Commission DA 10-521