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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                           
                                                    
                        )   File No. EB-08-SE-211   
     In the Matter of                               
                        )   Acct. No. 201032100028  
     Entone, Inc.                                   
                        )   FRN No. 0019824069      
                                                    
                        )                           


                                     ORDER

   Adopted: May 14, 2010 Released: May 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 Entone, Inc. ("Entone").
       The Consent Decree terminates an investigation by the Bureau into
       whether Entone violated Section 302(b) of the Communications Act of
       1934,  as amended, ("Act"), and Sections 2.803(a), 2.925, 2.1074,
       2.1204, and 15.19 of the Commission's Rules ("Rules") regarding the
       marketing, labeling, and identification of unauthorized radio
       frequency devices.

    2. The Bureau and Entone 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 Entone 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 all third-party complaints against Entone
       before the Bureau related to the above-captioned-investigation as of
       the date of this Consent Decree ARE DISMISSED.

   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 Entone, Inc., Stefan M. Lopatkiewicz, Esq.,
   Dorsey & Whitney LLP, 1801 K Street N.W., Suite 750, 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-08-SE-211   
     In the Matter of                               
                        )   Acct. No. 201032100028  
     Entone, Inc.                                   
                        )   FRN No. 0019824069      
                                                    
                        )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Entone, Inc. ("Entone"), by their
   authorized representatives, hereby enter into this Consent Decree for the
   purpose of terminating the Bureau's investigation into whether Entone
   violated Section 302(b) of the Communications Act of 1934,  as amended,
   ("Act"), and Sections 2.803(a), 2.925, 2.1074, 2.1204, and 15.19 of the
   Commission's Rules ("Rules") regarding the marketing, labeling, and
   identification of unauthorized radio frequency 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. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    f. "Entone" means Entone, Inc., its predecessors-in-interest and
       corporate successors-in-interest.

    g. "Investigation" means the investigation commenced by the August 19,
       2009 Bureau letter of inquiry regarding possible violations by Entone
       of Section 302(b) of the Act and Sections 2.803(a), 2.925, 2.1074,
       2.1204, and 15.19 of the Rules by marketing unauthorized radio
       frequency devices within the United States.

    h. "Parties" means Entone and the Commission.

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

   II. Background

    1. Pursuant to Section 302(b) of the Act and Section 2.803(a) of the
       Rules, a radio frequency device may not be marketed within the United
       States unless the device complies with the applicable technical and
       administrative provisions of the Rules. Section 15.201(b) of the Rules
       requires that intentional radiators, not otherwise exempted by the
       Rules, be authorized by Certification prior to marketing. Pursuant to
       Section 15.101(a) of the Rules, Class B digital devices must be
       authorized by Verification, and television interface devices may be
       authorized either by Certification or by Declaration of Conformity.
       Radio frequency devices must also comply with all applicable
       identification and labeling requirements prior to marketing. Under
       Section 2.1203 of the Rules, no radio frequency device may be imported
       into the Customs territory of the United States unless the device has
       been properly declared.

    2. On August 19, 2009, the Bureau issued a Letter of Inquiry to Entone.
       The LOI directed Entone to respond to a series of questions regarding
       the advertising, sale, importation, labeling, and identification of
       television interface devices and related radio frequency equipment.
       Entone responded to the LOI on October 5, 2009.

   III. Terms of Agreement

    3. 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.

    4. Jurisdiction. Entone 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 the
       Investigation. In consideration for the termination of the
       Investigation, Entone 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, 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 Entone concerning the matters that
       were the subject of the Investigation. The Bureau also agrees that it
       will not use the facts developed in the Investigation, 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 Entone with respect to Entone's 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, Entone agrees to create 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. Entone will designate a senior corporate officer
        ("Compliance Officer") who will be responsible for administering the
        company's Compliance Plan.

     b. Training. Entone will train and provide materials concerning the
        Commission's equipment authorization rules to all of its employees
        responsible for the development, marketing and sourcing of radio
        frequency devices by Entone in the United States, including employees
        located at its Hong Kong R&D facility.

     c. Compliance Reports. Entone 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
        Entone 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 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 Kevin Pittman at
        kevin.pittman@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.

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

    8. Voluntary Contribution. Entone agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of
       thirty-five thousand dollars ($35,000). The payment shall be made
       within thirty (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
       02130004, 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). Entone will also send
       electronic notification on the date said payment is made to Kevin M.
       Pittman at Kevin.Pittman@fcc.gov and JoAnn Lucanik at
       JoAnn.Lucanik@fcc.gov.

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

   12. Successors and Assigns. Entone 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 this 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                                   
                                            
     ________________________________       
                                            
     Steve McKay                            
                                            
     Chief Executive Officer                
                                            
     Entone, Inc.                           
                                            
     ________________________________       
                                            
     Date                                   


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

   47 C.F.R. S:S: 2.803(a), 2.925, 2.1074, 2.1204, and 15.19.

   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), 2.925, 2.1074, 2.1204, and 15.19.

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

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

   Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
   lease, or offering for sale or lease, including advertising for sale or
   lease, or importation, shipment, or distribution for the purpose of
   selling or leasing or offering for sale or lease." 47 C.F.R. S:
   2.803(e)(4).

   47 C.F.R. S: 15.201(b).

   47 C.F.R. S: 15.101(a).

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

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

   See 47 C.F.R. S:S: 2.925, 2.954, 2.1074, 15.19(a)-(b).

   47 C.F.R. S: 2.1203; see also 47 C.F.R. S:S: 2.1204, 2.1205.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Steve McKay, Chief Executive Officer, Entone, Inc.
   (August 19, 2009).

   See Letter from Stefan M. Lopatkiewicz, Counsel for Entone, Inc., to
   Marlene H. Dortch, Secretary, Federal Communications Commission (October
   5, 2009).

   Federal Communications Commission  DA 10-804

   2

   Federal Communications Commission  DA 10-804