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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-10-SE-132
Stratos Offshore Services Company, an )
indirect, wholly-owned subsidiary of Acct. No.: 201232100031
)
Inmarsat plc FRN: 0002147353
)
)
ORDER
Adopted: July 13, 2012 Released: July 13, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and Stratos Offshore Services Company, an
indirect, wholly-owned subsidiary of Inmarsat plc (SOSCO). The Consent
Decree resolves and terminates the Bureau's investigation into SOSCO's
compliance with Section 301 of the Communications Act of 1934, as
amended (Act), and Section 1.903(a) of the Commission's rules (Rules),
pertaining to the apparent operation of certain Wireless
Communications Service fixed base transmitters from locations outside
of their authorized service areas.
2. The Bureau and SOSCO have negotiated a Consent Decree that resolves
this matter. A copy of the Consent Decree is attached hereto and
incorporated herein 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 SOSCO 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 Bruce Henoch, Vice President and General Counsel,
Stratos Offshore Services Company, 6550 Rock Spring Drive, Suite 650,
Bethesda, MD 20817, as well as to Christine M. Crowe, Esq., counsel
for Stratos Offshore Services Company, Wilkinson Barker Knauer, LLP,
2300 N Street, N.W., Suite 700, Washington, D.C. 20037-1128.
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-132
Stratos Offshore Services Company, an
indirect, wholly-owned subsidiary of ) Acct. No.: 201232100031
Inmarsat plc ) FRN: 0002147353
)
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Stratos Offshore Services Company, by their respective authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau's investigation into possible
violations of Section 301 of the Communications Act of 1934, as amended,
and Section 1.903(a) of the Commission's rules, with respect to the
apparent unauthorized operation of certain Wireless Communications Service
fixed base transmitters from locations outside of their authorized service
area in the Gulf of Mexico.
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: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. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Stratos is subject by virtue of its business activities,
including but not limited to, the Licensing Rules.
(f) "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 9.
(g) "Covered Employees" means all employees and agents of SOSCO who
perform duties, or supervise, oversee, or manage the performance of duties
that relate to SOSCO's responsibilities under the Licensing Rules.
(h) "Effective Date" means the date on which the Bureau releases the
Adopting Order.
(i) "Investigation" means the investigation commenced by the Bureau into
SOSCO's apparent violations of the Licensing Rules, pursuant to a referral
from the Wireless Telecommunications Bureau in August of 2010 regarding
the apparent unauthorized operation of stations KNLB212, KNLB319, KNLB320,
and KNLB321.
(j) "Licensing Rules" means Section 301 of the Act and Section 1.903(a) of
the Rules, and other Communications Laws that prohibit the use or
operation of a wireless radio station without a valid Commission
authorization or in a manner inconsistent with such authorization.
(k) "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by SOSCO to implement the
Compliance Plan.
(l) "Parties" means SOSCO and the Bureau, each of which is a "Party."
(m) "SOSCO" means Stratos Offshore Services Company, an indirect,
wholly-owned subsidiary of Inmarsat plc, its predecessors-in-interest and
successors-in-interest.
n. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
use or operation of any apparatus for the transmission of energy or
communications or signals by wireless radio stations except under and
in accordance with an authorization granted by the Commission.
3. SOSCO holds licenses for the operation of 2.3 GHz Wireless
Communications Service systems with the following call signs: (1)
KNLB212, (2) KNLB319, (3) KNLB320, and (4) KNLB321. These licenses
permit SOSCO to deploy facilities within the Gulf of Mexico service
area, which "extends from 12 nautical miles off the U.S. Gulf coast
outward into the Gulf." In the fall of 2009, SOSCO discovered that
certain of its fixed base transmitters were operating within 12
nautical miles of the U.S. Gulf Coast without valid Commission
authorization. SOSCO thereafter contacted each of the licensees in
those coastal areas to seek their consent to SOSCO requesting Special
Temporary Authority (STA) from the Commission to continue to operate
those transmitters on a temporary basis. Shortly after securing the
consents of those coastal area licensees, on February 22, 2010, SOSCO
voluntarily disclosed the unauthorized operation, filing a request for
STA with the Wireless Telecommunications Bureau (WTB) seeking to
operate the unauthorized fixed base transmitters for a period of 180
days. After granting the STA on July 9, 2010, WTB referred this matter
to the Bureau on August 11, 2010 for investigation and possible
enforcement action. The Bureau and SOSCO entered into tolling
agreements to toll the statute of limitations.
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.
5. Jurisdiction. SOSCO agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and that the Bureau
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 Effective Date as defined herein.
As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission 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 the
Investigation, SOSCO 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 the
Investigation through the Effective Date, 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 SOSCO
concerning the matters that were the subject of the Investigation. The
Bureau also agrees that in the absence of new material evidence it
will not use the facts developed in the Investigation through the
Effective Date, 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 SOSCO with respect to SOSCO's basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
8. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, SOSCO shall designate a senior corporate manager with
the requisite corporate and organizational authority to serve as
Compliance Officer and to discharge the duties set forth below. The
Compliance Officer shall be responsible for developing, implementing,
and administering the Compliance Plan and ensuring that SOSCO complies
with the terms and conditions of the Compliance Plan and this Consent
Decree. In addition to the general knowledge of the Communications
Laws necessary to discharge his/her duties under this Consent Decree,
the Compliance Officer shall have specific knowledge of the Licensing
Rules prior to assuming his/her duties.
9. Compliance Plan. For purposes of settling the matters set forth
herein, SOSCO agrees that it shall within sixty (60) calendar days
after the Effective Date, develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws and
with the terms and conditions of this Consent Decree. With respect to
the Licensing Rules, SOSCO shall implement the following procedures:
a. Operating Procedures on Licensing Rules. Within sixty (60) calendar
days after the Effective Date, SOSCO shall establish Operating
Procedures that all Covered Employees must follow to help ensure
SOSCO's compliance with the Licensing Rules. SOSCO's Operating
Procedures shall include internal procedures and policies
specifically designed to ensure that SOSCO obtains any required
Commission authorizations prior to commencing operations on any
frequencies and that SOSCO's operations on such frequencies are
consistent with such Commission authorizations.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Licensing Rules and set forth the Operating
Procedures that Covered Employees shall follow to help ensure SOSCO's
compliance with the Licensing Rules. SOSCO shall periodically review
and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. SOSCO
shall distribute any revisions to the Compliance Manual promptly to
all Covered Employees.
c. Compliance Training Program. SOSCO shall establish and implement a
Compliance Training Program on compliance with the Licensing Rules
and the Operating Procedures. As part of the Compliance Training
Program, Covered Employees shall be advised of SOSCO's obligation to
report any noncompliance with the Licensing Rules under paragraph 10
of this Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. All Covered Employees shall
be trained pursuant to the Compliance Training Program within sixty
(60) calendar days after the Effective Date, except that any person
who becomes a Covered Employee at any time after the Effective Date
shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. SOSCO shall repeat the compliance
training on an annual basis and shall periodically review and revise
the Compliance Training Program as necessary to ensure that it
remains current and complete and to enhance its effectiveness.
10. Reporting Noncompliance. SOSCO shall report any noncompliance with
the Licensing Rules and with the terms and conditions of this Consent
Decree within fifteen (15) calendar days after the discovery of such
noncompliance. Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that SOSCO has
taken or will take to remedy such noncompliance; (iii) the schedule on
which such remedial actions will be taken; and (iv) the steps that
SOSCO has taken or will take to prevent the recurrence of any such
noncompliance. All such reports of noncompliance shall be submitted to
the Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 3-C366,
Washington, D.C. 20554, with a copy submitted electronically to
Jennifer Burton at Jennifer.Burton@fcc.gov and JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov.
11. Compliance Reports. SOSCO shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, and twenty-four (24) months
after the Effective Date.
a. Each compliance report shall include a detailed description of SOSCO's
efforts during the relevant period to comply with the terms and
conditions of this Consent Decree and the Licensing Rules. In
addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of SOSCO, stating
that the Compliance Officer has personal knowledge that SOSCO (i) has
established and implemented the Compliance Plan; (ii) has utilized the
Operating Procedures since the implementation of the Compliance Plan;
and (iii) is not aware of any instances of noncompliance with the
terms and conditions of this Consent Decree, including the reporting
obligations set forth in paragraph 10 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and 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.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of SOSCO, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully (i) each instance of noncompliance; (ii) the
steps that SOSCO has taken or will take to remedy such noncompliance,
including the schedule on which proposed remedial actions will be
taken; and (iii) the steps that SOSCO has taken or will take to
prevent the recurrence of any such noncompliance, including the
schedule on which such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 3-C366, Washington, D.C.
20554, with a copy submitted electronically to Jennifer Burton at
Jennifer.Burton@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
12. Termination Date. Unless stated otherwise, the obligations set forth
in paragraphs 8 through 11 of this Consent Decree shall expire
twenty-four (24) months after the Effective Date.
13. Section 208 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to Section 208 of the Act
against SOSCO or its affiliates for alleged violations of the Act, or
for any other type of alleged misconduct, regardless of when such
misconduct took place. The Commission's adjudication of any such
complaints will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by SOSCO with the Communications Laws.
14. Voluntary Contribution. SOSCO agrees that it will make a voluntary
contribution to the United States Treasury in the amount of
Seventy-Five Thousand Dollars ($75,000) within thirty (30) calendar
days after the Effective Date. SOSCO shall also send electronic
notification of payment to Jennifer Burton at Jennifer.Burton@fcc.gov,
JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and Samantha Peoples at
Sam.Peoples@fcc.gov on the date said payment is made. The payment must
be made by check or similar instrument, wire transfer, or credit card,
and must include the NAL/Account number and FRN referenced above.
Regardless of the form of payment, a completed 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).
Below are additional instructions you should follow based on the form
of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via
overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete the
wire transfer and ensure appropriate crediting of the wired funds, a
completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e
mail, ARINQUIRIES@fcc.gov.
15. Waivers. SOSCO 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
as defined herein. SOSCO 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 SOSCO nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and SOSCO
shall waive any statutory right to a trial de novo. SOSCO hereby
agrees to waive any claims it may have under the Equal Access to
Justice Act, relating to the matters addressed in this Consent Decree.
16. 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.
17. 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 SOSCO does not expressly
consent), that provision will be superseded by such Rule or Commission
order.
18. Successors and Assigns. SOSCO agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. 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 Communications Laws.
20. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
21. 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.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of SOSCO represents and warrants that he is authorized by
SOSCO to execute this Consent Decree and to bind SOSCO to the
obligations set forth herein. The FCC signatory represents that she is
signing this Consent Decree in her official capacity and that she is
authorized to execute this Consent Decree.
23. 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.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
Bruce Henoch
Vice President and General Counsel
Stratos Offshore Services Company
____________________________
Date
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
See File No. 0000057349.
47 C.F.R. S: 27.6(a)(2).
See File No. 0004135160 (filed Feb. 22, 2010, amended June 1, 2010 and
June 21, 2010, granted July 9, 2010); Special Temporary Authorizations,
call signs WQMD892, WQMD893, WQMD894, WQMD895, and WQMD896.
See, e.g., Tolling Agreement Extension, File No. EB-10-SE-132, executed by
and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and Bruce Henoch, General Counsel, Stratos Offshore
Services Company (Mar. 30, 2012).
47 C.F.R. S: 1.16.
Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
(codified at 5 U.S.C. S: 504); see also 47 C.F.R. S:S: 1.1501-1.1530.
Federal Communications Commission DA 12-1010
Federal Communications Commission DA 12-1010
Federal Communications Commission DA 12-1010
Federal Communications Commission DA 12-1010