Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, DC 20554
)
) File No.: EB-10-SE-034
In the Matter of
) Acct. No.: 201332100004
LOUD Technologies, Inc.
) FRN: 0022261655
)
ORDER
Adopted: December 12, 2012 Released: December 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 LOUD Technologies, Inc. (LOUD). The
Consent Decree resolves and terminates the Bureau's investigation into
LOUD'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 powered
loudspeakers, non-powered mixers, compact mixers, and active speaker
systems.
2. The Bureau and LOUD 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 LOUD 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 Case H. Kuehn, Chief Financial Officer, LOUD
Technologies, Inc., 16220 Wood-Red Road NE, Woodinville, WA 98072.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
)
) File No.: EB-10-SE-034
In the Matter of
) Acct. No.: 201332100004
LOUD Technologies, Inc.
) FRN: 0022261655
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and LOUD
Technologies, Inc., by their authorized representatives, hereby enter into
this Consent Decree for the purpose of terminating the Enforcement
Bureau's investigation into possible violations of Section 302(b) of the
Communications Act of 1934, as amended, and Sections 2.803, 2.1203,
2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Commission's rules
pertaining to the marketing of digital radio frequency devices, such as
powered loudspeakers, non-powered mixers, compact mixers, and active
speaker systems.
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. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which LOUD is subject by virtue of its business activities, including
but not limited to, the Equipment Marketing Rules.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 11.
g. "Covered Employees" means all employees and agents of LOUD who
perform, or supervise, oversee, or manage the performance of, duties
that relate to LOUD's responsibilities under the Equipment Marketing
Rules.
h. "Digital Device" means an unintentional radiator (device or system) as
defined in Section 15.3(k) of the Rules.
i. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
j. "Equipment Marketing Rules" means Section 302(b) of the Act, Sections
2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Rules
and other Communications Laws governing the marketing of radio
frequency devices within the United States and its territories.
k. "Investigation" means the investigation commenced by the Bureau's
October 22, 2010 letter of inquiry regarding whether the marketing of
certain Digital Devices by LOUD complies with the Equipment Marketing
Rules.
l. "LOUD" means LOUD Technologies, Inc. and its predecessors-in-interest
and successors-in-interest.
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by LOUD to implement
the Compliance Plan.
n. "Parties" means LOUD and the Bureau, each of which is a "Party."
o. "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 Sections 2.803, 15.19,
15.21, and 15.105 of the Rules, certain Digital Devices may not be
marketed in the United States unless the devices comply with the
applicable technical standards as well as the administrative
requirements relating to equipment labeling and consumer disclosure.
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."
3. Pursuant to Sections 2.1203, 2.1204, and 2.1205 of the Rules, a
Digital Device may not be imported into the United States unless the
importer, ultimate consignee, or customs broker files with the United
States Customs and Border Protection an FCC Form 740 (or the
electronic equivalent thereof) declaring that the device meets one of
the import conditions set forth in Section 2.1204 of the Rules.
LOUD markets Digital Devices, including a wide range of professional audio
and musical instrument products, such as powered loudspeakers, non-powered
mixers, compact mixers, active speaker systems, and digital live console
accessories. These Digital Devices are unintentional radiators subject to
authorization prior to marketing, via either the Commission's equipment
verification or declaration of conformity procedures.
4. On October 22, 2010, the Bureau's Spectrum Enforcement Division
(Division) issued a letter of inquiry (LOI) to LOUD, directing LOUD to
submit a sworn written response to a series of questions relating to
LOUD's manufacture, importation and marketing of certain Digital
Devices. LOUD responded to the LOI on January 21, 2011. In its LOI
Response, LOUD submitted information and documentation related to
Mackie brand Digital Device models marketed by the company, including
sales information and documentation relating to technical compliance
testing. On April 11, 2011, the Division issued LOUD a second letter
of inquiry, to which the company responded on June 10, 2011. In its
Second LOI Response, LOUD provided information related to whether its
Mackie brand Digital Devices were properly labeled in accordance with
Section 15.19 of the Rules, and whether the consumer disclosure
language required by Section 15.105 of the Rules was included in the
user manual for each Digital Device. LOUD also provided information
related to its importation of Digital Devices and its obligation to
file FCC Form 740 with the United States Customs and Border Protection
in connection with the importation of such Digital Devices.
5. LOUD subsequently reported that all Digital Device models that LOUD
currently markets comply with the Equipment Marketing Rules. With
respect to Digital Device models that LOUD previously offered, LOUD
represents that it has taken remedial measures to help bring the
unlabeled Digital Devices into compliance and to revise the user
manuals to include the requisite consumer disclosure language. The
Bureau and LOUD executed tolling agreements to toll the statute of
limitations.
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction. LOUD 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.
8. 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.
9. 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, LOUD 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, 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 LOUD
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 this 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 LOUD with respect to LOUD's basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
10. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, LOUD 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
person designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that LOUD complies with the terms and conditions of the
Compliance Plan and this Consent Decree. In addition to 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 Equipment Marketing Rules prior to assuming
his/her duties.
11. Compliance Plan. For purposes of settling the matters set forth
herein, LOUD 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 Equipment Marketing Rules, LOUD shall implement the following
procedures:
a. Operating Procedures on Equipment Marketing. Within sixty (60)
calendar days after the Effective Date, LOUD shall establish
Operating Procedures that all Covered Employees must follow to help
ensure LOUD's compliance with the Equipment Marketing Rules. LOUD's
Operating Procedures shall include internal procedures and policies
specifically designed to ensure that (i) prior to the initiation of
marketing (as such term is defined in Section 2.803 of the Rules),
all Digital Devices and other radio frequency devices to be marketed
by LOUD comply with applicable technical standards, have been
properly authorized (via the certification, verification, or
declaration of conformity procedures, as applicable), and comply with
the applicable administrative requirements relating to equipment
labeling and consumer disclosure; and (ii) LOUD complies with the
requirements of Sections 2.1203, 2.1204, and 2.1205 of the Rules
relating to the importation and entry of Digital Devices into the
United States, including the filing with the United States Customs
and Border Protection of an FCC Form 740 (or the electronic
equivalent thereof) that accurately identifies the importation
condition(s) satisfied for each such importation.
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 Equipment Marketing Rules, including the
obligations to secure an equipment authorization from the FCC prior
to marketing a Digital Device and to meet all FCC requirements for
the importation and entry of such Digital Device into the United
States, and set forth the Operating Procedures that Covered Employees
shall follow to help ensure LOUD's compliance with the Equipment
Marketing Rules. LOUD shall periodically review and revise the
Compliance Manual as necessary to ensure that the information set
forth therein remains current and complete. LOUD shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. LOUD shall establish and implement a
Compliance Training Program on compliance with the Equipment
Marketing Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of
LOUD's obligation to report any noncompliance with the Equipment
Marketing Rules under paragraph 12 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. LOUD 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.
d. Remedial Efforts for Discontinued Models. With respect to Digital
Device models that LOUD no longer markets, LOUD shall continue to
ensure that all unlabeled Digital Devices that are returned to LOUD
or its service centers for service or repair shall be affixed with a
label that complies with Section 15.19 of the Rules prior to being
returned to the customer. In addition, LOUD shall continue to
maintain on its website an online user manual for each such
discontinued model that includes the consumer disclosure language
required by Section 15.105 of the Rules.
12. Reporting Noncompliance. LOUD shall report any noncompliance with the
Equipment Marketing Rules and with the terms and conditions of this
Consent Decree within fifteen (15) calendar days after discovery of
such noncompliance. Such reports shall include a detailed explanation
of (i) each instance of noncompliance; (ii) the steps that LOUD 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
LOUD has taken or will take to prevent the recurrence of any such
noncompliance. All reports of noncompliance shall be submitted to the
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, Room 3-C366, 445 12th Street, SW,
Washington, DC 20554, with a copy submitted electronically to Paul
Noone at Paul.Noone@fcc.gov and to JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov.
13. Compliance Reports. LOUD 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 LOUD's
efforts during the relevant period to comply with the terms and
conditions of this Consent Decree and the Equipment Marketing Rules.
In addition, each Compliance Report shall include a certification by
the Compliance Officer, as an agent of and on behalf of LOUD, stating
that the Compliance Officer has personal knowledge that LOUD (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 12 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 LOUD, 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 LOUD 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 LOUD 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 Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, Room 3-C366, 445 12th Street, SW, Washington, DC 20554,
with a copy submitted electronically to Paul Noone at
Paul.Noone@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
14. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 10 through 13 of this Consent Decree shall expire
twenty-four (24) months after the Effective Date.
15. Voluntary Contribution. LOUD agrees that it will make a voluntary
contribution to the United States Treasury in the amount of
eighty-five thousand dollars ($85,000) (Voluntary Contribution), such
Voluntary Contribution to be made in three installments (each, an
Installment Payment). The first Installment Payment in the amount of
twenty-eight thousand three hundred thirty three dollars ($28,333) is
due within thirty (30) calendar days after the Effective Date. The
second Installment Payment in the amount of twenty-eight thousand
three hundred thirty three dollars ($28,333) is due within sixty (60)
calendar days after the Effective Date. The third and final
Installment Payment in the amount of twenty-eight thousand three
hundred thirty four dollars ($28,334) is due within ninety (90)
calendar days after the Effective Date. LOUD acknowledges and agrees
that upon execution of this Consent Decree the Voluntary Contribution
and each Installment Payment shall become a "Claim" or "Debt" as
defined in 31 U.S.C. S: 3701(b)(1). Upon an Event of Default (as
defined below), all procedures for collection as permitted by law may,
at the Commission's discretion, be initiated. In addition, LOUD agrees
that it will make the first and all subsequent Installment Payments in
United States Dollars without further demand or notice by the dates
specified above. LOUD shall also send electronic notification of
payment to Paul Noone at Paul.Noone@fcc.gov, JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov on
the date said payments are made.
16. Installment payments 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 in United States
Dollars 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.
17. Event of Default. LOUD agrees that an Event of Default shall occur
upon the failure by LOUD to pay the full amount of any Installment
Payment on or before the due date specified in this Consent Decree.
18. Interest, Charges for Collection, and Acceleration of Maturity Date.
After an Event of Default has occurred under this Consent Decree, the
then unpaid amount of the Voluntary Contribution shall accrue
interest, computed using the rate of the U.S. Prime Rate in effect on
the date of the Event of Default plus 4.75 percent, from the date of
the Event of Default until payment in full. Upon an Event of Default,
the then unpaid amount of the Voluntary Contribution, together with
interest, as aforesaid, any penalties permitted and/or required by the
law, including but not limited to 31 U.S.C. S: 3717 and administrative
charge(s), plus the costs of collection, litigation, and attorneys'
fees, shall become immediately due and payable, without notice,
presentment, demand, protest, or notice of protest of any kind, all of
which are waived by LOUD.
19. Waivers. LOUD 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. LOUD 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 LOUD nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and LOUD shall
waive any statutory right to a trial de novo. LOUD 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.
20. 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.
21. 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 LOUD does not expressly consent)
that provision will be superseded by such Rule or Commission order.
22. Successors and Assigns. LOUD agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
23. 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.
24. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
25. 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.
26. Authorized Representative. The individual signing this Consent Decree
on behalf of LOUD represents and warrants that he is authorized by
LOUD to execute this Consent Decree and to bind LOUD 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.
27. 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
_____________________________
Case H. Kuehn
Chief Financial Officer
LOUD Technologies, Inc.
_____________________________
Date
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.
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.
Id. S: 15.3(k).
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.
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
FCC Enforcement Bureau, to Rodney Olson, President, Chief Executive
Officer & Chairman, LOUD Technologies, Inc. (Oct. 22, 2010) (on file in
EB-10-SE-034).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803, 15.19, 15.21, 15.105.
Id. S: 2.803(e)(4).
Id. S:S: 2.1203, 2.1204, 2.1205.
See id. S: 2.1204.
See id. S: 15.101.
See supra note 6.
See Letter from Case H. Kuehn, Chief Financial Officer, LOUD Technologies,
Inc., to Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division,
FCC Enforcement Bureau (Jan. 21, 2011) (on file in EB-10-SE-034) (LOI
Response).
See id. at 1.
See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement
Division, FCC Enforcement Bureau, to Mark Graham, President, Chief
Executive Officer & Chairman, LOUD Technologies, Inc. (Apr. 11, 2011) (on
file in EB-10-SE-034).
See Letter from Case H. Kuehn, Chief Financial Officer, LOUD Technologies,
Inc., to Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division,
FCC Enforcement Bureau (June 10, 2011) (on file in EB-10-SE-034) (Second
LOI Response).
See 47 U.S.C. S: 15.19.
See id. S: 15.105.
See Second LOI Response at Attachment 2.
See id. at Attachment 1.
See E-mail from Case H. Kuehn, Chief Financial Officer, LOUD Technologies,
Inc., to Paul Noone, Attorney Advisor, Spectrum Enforcement Division, FCC
Enforcement Bureau (Mar. 28, 2012, 20:45 EDT) (on file in EB-10-SE-034).
See id.
See, e.g., Tolling Agreement Extension, File No. EB-10-SE-034, executed by
and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and Case H. Kuehn, Chief Financial Officer, LOUD
Technologies, Inc. (Apr. 26, 2011).
See supra note 9 and accompanying text.
See 47 C.F.R. S:S: 2.1203, 2.1204, 2.1205.
See id. S: 15.19.
See id. S: 15.105.
See id. S: 1.16.
See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110
Stat. 1321, 1358 (Apr. 26, 1996).
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
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 12-2009
9
Federal Communications Commission DA 12-2009