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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No.: EB-10-SE-055
)
Fender Musical Instruments Corporation ) Acct. No.: 201232100035
)
) FRN: 0002963429
ORDER
Adopted: August 10, 2012 Released: August 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 Fender Musical Instruments Corporation
(FMIC). The Consent Decree resolves and terminates the Bureau's
investigation into FMIC's compliance with Section 302(b) of the
Communications Act of 1934, as amended (Act), and Sections 2.803,
2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Commission's
rules (Rules) pertaining to the marketing of digital radio frequency
devices, such as bass amplifiers, pre-amplifiers, tuners, and audio
mixers.
2. The Bureau and FMIC have negotiated the 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 FMIC 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 Sections 4(i) and 503(b)
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 Mark Van Vleet, Chief Legal Officer, Fender Musical
Instruments Corporation, 8860 E. Chaparral Road, Suite 100,
Scottsdale, AZ 85250-2610, and to Charles A. Zielinski, counsel for
Fender Musical Instruments Corporation, Bryan Cave LLC, 1155 F Street,
NW, Washington, DC 20004.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, 15.105.
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 12-1270
2
Federal Communications Commission DA 12-1270