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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                           
                                                    
                        )   File No. EB-09-SE-064   
     In the Matter of                               
                        )   Acct. No. 201032100024  
     Motorola, Inc.                                 
                        )   FRN No. 0013253380      
                                                    
                        )                           


                                     ORDER

   Adopted: April 13, 2010 Released: April 14, 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 Motorola, Inc.
       ("Motorola"). The Consent Decree terminates an investigation by the
       Bureau against Motorola for possible violations of Section 302(b) of
       the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S:
       302a(b), and Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of
       the Commission's Rules ("Rules"), 47 C.F.R. S:S: 2.803(a), 2.926(e),
       15.37(l), and 15.407(h), regarding the marketing and labeling of
       Unlicensed National Information Infrastructure (U-NII) devices.

    2. The Bureau and Motorola 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 Motorola 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 Steve Sharkey, Senior Director, Regulatory and Spectrum
       Policy, Motorola, Inc., 1455 Pennsylvania Ave. NW, Suite 900,
       Washington, DC 20004, and to counsel for Motorola, David E. Hilliard,
       Esq.,  Wiley Rein LLP, 1776 K Street, NW, Washington, DC 20006.

   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-064   
     In the Matter of                               
                        )   Acct. No. 201032100024  
     Motorola, Inc.                                 
                        )   FRN No. 0013253380      
                                                    
                        )                           
                                                    
                        )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Motorola, Inc. ("Motorola"), by
   their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Bureau's investigation of Motorola for
   possible violations of Section 302(b) of the Communications Act of 1934,
   as amended ("Act"), and Sections 2.803(a), 2.926(e), 15.37(l), and
   15.407(h) of the Commission's Rules ("Rules"), regarding the marketing and
   labeling of Unlicensed National Information Infrastructure (U-NII)
   devices.

   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. "Motorola" means Motorola, Inc., and its subsidiaries and its
        predecessors-in-interest and successors-in-interest.

     h. "Investigation" means the investigation commenced by the Bureau's
        March 17, 2009 letter of inquiry ("LOI") to Motorola regarding
        possible violations of Section 302(b) of the Act and Sections
        2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Rules.

     i. "Parties" means Motorola and the Bureau.

     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 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. U-NII transmitting devices,
       which are classified as intentional radiators under the Rules, can be
       authorized under Certification pursuant to Section 15.201(b) of the
       Rules. In accordance with Section 2.926(e) U-NII devices must exhibit
       the FCC ID number associated with the grant of equipment
       authorization. Further, pursuant to Section 15.407(h) U-NII devices
       that operate in the 5.25 - 5.35 GHz and 5.47- 5.725 GHz bands must be
       equipped, inter alia, with dynamic frequency selection (DFS)
       capability to avoid transmitting when radar signals are detected.
       Further, pursuant to Section 15.37(l), if a U-NII device operating in
       the 5.25 - 5.35 MHz band was approved under a certification
       application filed on or after July 20, 2006, the device must have
       complied with the DFS requirements if imported or marketed on or after
       July 20, 2007.

    3. On April 20, 2009, the Bureau issued an LOI to Motorola. The LOI
       directed Motorola to submit a sworn written response to a series of
       questions relating to the marketing and selling of U-NII devices.
       Motorola responded to the LOI on May 20, 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. Motorola  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, Motorola 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 Motorola 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 Motorola
       with respect to Motorola'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, Motorola agrees to create within 60 days 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. Motorola will designate a senior corporate
        manager ("Compliance Officer") who is responsible for administering
        the Compliance Plan.

     b. Training. Motorola will train and provide materials concerning
        Section 302(b) of the Act and Parts 2 and 15 of the Rules pertaining
        to U-NII devices and the requirements of the Consent Decree to those
        of its employees who are involved directly in the development and
        marketing of U-NII devices imported, marketed and sold by Motorola in
        the United States.

     c. Compliance Reports. Motorola will file compliance reports with the
        Commission 90 days after the Effective Date, 12 months after the
        Effective Date, and 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
        Motorola 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, with a copy submitted electronically to Linda Nagel at
        Linda.Nagel@fcc.gov and to Kathryn Berthot at Kathy.Berthot@fcc.gov.

     d. Divestment of Business Unit(s). In the event that Motorola divests a
        business unit, the terms of any such divestment shall require the
        divested unit(s) to agree to abide by the terms of this Consent
        Decree including appointment of a Compliance Officer, conducting
        training, and filing compliance reports on the dates such reports
        would next be due under this Consent Decree if the divested business
        unit develops, imports, or markets any U-NII device.

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

    9. Voluntary Contribution. Motorola agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of $9,000.
       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). Motorola will also send electronic notification on the date
       said payment is made to Linda.Nagel@fcc.gov and Kathy.Berthot@fcc.gov.

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

   13. Successors and Assigns. Motorola 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                                   
                                            
     ________________________________       
                                            
     Vice President                         
                                            
     Motorola, Inc.                         
                                            
     ________________________________       
                                            
     Date                                   


   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), 2.926(e), 15.37(l), and 15.407(h).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Steve Sharkey,
   Motorola, Inc. (April 20, 2009) ("April 20, 2009 LOI").

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

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

   47 C.F.R. S: 15.3(o).

   See April 20, 2009 LOI.

   See Letter from Steve B. Sharkey, Senior Director, Regulatory and Spectrum
   Policy. Motorola, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission dated May 30, 2009 ("LOI Response").

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