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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                            
                                                               
                                  )   File No.: EB-06-SE-199   
     In the Matter of                                          
                                  )   Acct. No.: 200732100022  
     Hawking Technologies, Inc.                                
                                  )   FRN: 0012065009          
                                                               
                                  )                            


                                     ORDER

   Adopted: January 12, 2012 Released: January 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 Hawking Technologies,
       Inc. ("Hawking"). The Consent Decree settles an enforcement proceeding
       against Hawking regarding Hawking's compliance with section 302(b) of
       the Communications Act of 1934, as amended (the "Act"), and sections
       2.803(a) and 15.204(d) of the Commission's rules in connection with
       its marketing of certain external radio frequency power amplifiers.

    2. The Bureau and Hawking 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 settling the enforcement proceeding.

    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 Hawking 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 enforcement proceeding
       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 Frank Lin, President, Hawking Technologies, Inc., 36
       Hammond, Suite 150, Irvine, CA 92618, and Lewis H. Goldman, Esq.,
       Counsel for Hawking Technologies, Inc., Lewis H. Goldman, P.C., 45
       Dudley Court, Bethesda, MD 20814.

   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-06-SE-199   
                                                              
     Hawking Technologies, Inc.   )   Acct. No. 200732100022  
                                                              
     Irvine, California           )   FRN No. 0012065009      
                                                              
                                  )                           


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   Hawking Technologies, Inc., by their authorized representatives, hereby
   enter into this Consent Decree for the purpose of settling the
   Commission's enforcement proceeding regarding Hawking's compliance with
   section 302(b) of the Communications Act of 1934, as amended, and sections
   2.803(a) and 15.204(d) of the Commission's rules, in connection with its
   marketing of the Hawking Model HSB2 amplifier.

   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 Hawking is subject by virtue of its business activities,
       including but not limited to, the Equipment Marketing Rules.

    f. "Compliance Plan" means the compliance obligations and compliance
       program described in this Consent Decree at paragraph 8.

    g. "Covered Employee" means all employees and agents of Hawking who
       perform duties, or supervise, oversee, or manage the performance of
       duties, that relate to Hawking's responsibilities under the Equipment
       Marketing Rules.

    h. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    i. "Enforcement Proceeding" means the Bureau's Investigation, culminating
       in the issuance of the Notice of Apparent Liability for Forfeiture and
       the Forfeiture Order.

    j. "Equipment Marketing Rules" means section 302(b) of the Act and
       sections 2.803, 2.925, and 15.204(d) of the Rules and other
       Communications Laws governing the marketing of radio frequency devices
       within the United States and its territories.

    k. "Forfeiture Order" means Hawking Technologies, Inc., 24 FCC Rcd 4252
       (2009).

    l. "Hawking" means Hawking Technologies, Inc. and its
       predecessors-in-interest and successors-in-interest.

    m. "Investigation" means the investigation commenced by the Bureau's June
       26, 2006 letter of inquiry regarding whether Hawking violated the
       Equipment Marketing Rules in connection with its marketing of the
       Hawking Model HSB2 amplifier.

    n. "Notice of Apparent Liability for Forfeiture" or "NAL" means Hawking
       Technologies, Inc., 22 FCC Rcd 7140 (2007).

    o. "Parties" means Hawking and the Bureau, each of which is a "Party."

    p. "Petition for Reconsideration" means the Petition for Reconsideration
       of the Forfeiture Order filed by Hawking on April 30, 2009 seeking
       cancellation or reduction of the forfeiture.

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

   II. BACKGROUND

    2. In 2006, Hawking marketed the Hawking Model HSB2 external radio
       frequency power amplifier for individual sale. External radio
       frequency power amplifiers are often used to boost the power of radio
       transmitters such as wireless access points. 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 the devices
       comply with the applicable technical standards as well as the
       administrative requirements relating to equipment labeling and
       consumer disclosure. In general, an amplifier can be marketed only
       with the system with which it has been approved, and not as a separate
       product. An exception to this requirement provides that an amplifier
       may be marketed for individual sale if the amplifier is intended for
       use with certain Part 15 intentional radiators.  Under the exception,
       an amplifier marketed for individual sale must be designed so that it
       can only be connected to a system with which it has been previously
       authorized. Moreover, when an amplifier is marketed for individual
       sale (for connection with a previously authorized system), the Rules
       require that the outside packaging and user manual include a notice
       (i) stating that the amplifier can be used only with a previously
       authorized system, and (ii) identifying the previously authorized
       system by FCC Identifier.

    3. On June 26, 2006, the Bureau issued the letter of inquiry ("LOI") to
       Hawking, directing the company to submit a sworn written response to a
       series of questions relating to whether Hawking was marketing
       unauthorized and non-compliant external radio frequency power
       amplifiers, including for individual sale, in contravention of the
       Rules. Hawking responded to the LOI on July 11, 2006 ("LOI Response").
       In the LOI Response, Hawking stated that it discontinued importing and
       marketing the amplifier products upon receipt of the LOI. However, the
       Commission found that the marketing of the unauthorized devices
       continued after that date, and on April 2, 2007 issued the NAL in the
       amount of $50,000 to Hawking.  Hawking did not file a response to the
       NAL.  As a result, the Commission issued the Forfeiture Order on March
       31, 2009.  On April 30, 2009, Hawking filed the Petition for
       Reconsideration of the Forfeiture Order seeking cancellation or
       reduction of the forfeiture and arguing that the employee who received
       the NAL did not share it with senior management.

   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. Hawking 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 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. Settlement of Enforcement Proceeding. In express reliance on the
       covenants and representations in this Consent Decree, including the
       payment of the voluntary contribution, and to avoid further
       expenditure of public resources, the Bureau agrees to settle the
       Enforcement Proceeding. In consideration for the settlement of the
       Enforcement Proceeding, Hawking 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 Enforcement Proceeding 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 Hawking concerning the matters that were the
       subject of the Enforcement Proceeding. The Bureau also agrees that it
       will not use the facts developed in the Enforcement Proceeding 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 Hawking with respect to
       Hawking's basic qualifications, including its character
       qualifications, to be a Commission licensee or hold Commission
       licenses or authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, Hawking shall within sixty (60) calendar days after the
       Effective Date develop and implement a Compliance Plan related to
       future compliance with the Communications Laws, including the
       Equipment Marketing Rules, and with the terms and conditions of this
       Consent Decree. The Compliance Plan shall include, without limitation,
       the following components:

    a. Compliance Officer.  Within thirty (30) calendar days after the
       Effective Date, Hawking  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 Hawking 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 Equipment Marketing Rules prior to assuming
       his/her duties.

    b. Operating Procedures on Equipment Marketing. Within sixty (60)
       calendar days after the Effective Date, Hawking shall establish
       Operating Procedures that all Covered Employees must follow to help
       ensure Hawking's compliance with the Equipment Marketing Rules.
       Hawking's Operating Procedures shall include internal procedures and
       policies specifically designed to ensure that all radio frequency
       devices marketed by Hawking 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.

    c. 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 and set forth the Operating Procedures
       that Covered Employees shall follow to help ensure Hawking's
       compliance with the Equipment Marketing Rules. Hawking shall
       periodically review and revise the Compliance Manual as necessary to
       ensure that the information set forth therein remains current and
       complete. Hawking shall distribute any revisions to the Compliance
       Manual promptly to all Covered Employees.

    d. Compliance Training.  Within sixty (60) calendar days after the
       Effective Date, Hawking 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 Hawking's obligation to report
       any non-compliance with the Equipment Marketing Rules under paragraph
       9 of this Consent Decree and shall be instructed on how to disclose
       non-compliance 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. Hawking 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.

    e. Termination Date. Unless otherwise stated, the requirements of this
       paragraph 8 of the Consent Decree shall expire thirty-six (36) months
       after the Effective Date.

    9. Reporting Non-Compliance. Hawking shall report any non-compliance with
       the Equipment Marketing Rules and with the terms and conditions of
       this Consent Decree within fifteen (15) calendar days after discovery
       of such non-compliance. Such reports shall include a detailed
       explanation of (i) each instance of non-compliance; (ii) the steps
       that Hawking has taken or will take to remedy such non-compliance;
       (iii) the schedule on which such remedial actions will be taken; and
       (iv) the steps that Hawking has taken or will take to prevent the
       recurrence of any such non-compliance. All reports of non-compliance
       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 Katherine Power at Katherine.Power@fcc.gov and to
       Ricardo Durham at Ricardo.Durham@fcc.gov. The reporting obligations
       set forth in this paragraph 9 shall expire thirty-six (36) months
       after the Effective Date.

   10. Compliance Reports.  Hawking shall file compliance reports with the
       Commission ninety (90) days after the Effective Date, twelve (12)
       months after the Effective Date, twenty-four (24) months after the
       Effective Date, and thirty-six (36) months after the Effective Date.

     a. Each compliance report shall include a detailed description of
        Hawking'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 Hawking, stating that the Compliance Officer has personal
        knowledge that Hawking (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 non-compliance with the terms and conditions of this
        Consent Decree, including the reporting obligations set forth in
        paragraph 9 hereof.

     b. The certification shall be accompanied by a statement explaining the
        basis for the Compliance Officer's 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 Hawking,
        shall provide the Commission with a detailed explanation of (i) each
        instance of non-compliance; (ii) the steps that Hawking has taken or
        will take to remedy such non-compliance, including the schedule on
        which proposed remedial actions will be taken; and (iii) the steps
        that Hawking has taken or will take to prevent the recurrence of any
        such non-compliance, 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. Washington, D.C. 20554, with a copy
        submitted electronically to Katherine Power at
        Katherine.Power@fcc.gov and to Ricardo Durham at
        Ricardo.Durham@fcc.gov.

   11. Voluntary Contribution. Hawking agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of Fifty
       Thousand Dollars ($50,000) ("Voluntary Contribution"), such Voluntary
       Contribution to be made in twenty (20) consecutive monthly payments
       (each an "Installment Payment") of Two Thousand Five Hundred Dollars
       ($2,500) payable on the first day of each month beginning with the
       first month following the Effective Date. The final payment is due on
       the first day of the twentieth month following the Effective Date
       ("Maturity Date"). Hawking 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, all procedures for collection
       as permitted by law may, at the Bureau's discretion, be initiated. In
       addition, Hawking 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. Installment
       Payments must be made by check or similar instrument, payable in
       United States Dollars to the order of the Federal Communications
       Commission. The payments must include the Account Number and FRN
       referenced in the caption to the Adopting Order. Payments by check or
       money order may be mailed to Federal Communications Commission, P.O.
       Box 979088, St. Louis, MO 63197-9000. Payments by overnight mail may
       be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payments by wire transfer may
       be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account
       Number 27000001. For payments 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). Hawking shall also send electronic notification to Katherine
       Power at Katherine.Power@fcc.gov and Ricardo Durham at
       Ricardo.Durham@fcc.gov on the date each payment is made.

   12. Event of Default. Hawking agrees that an Event of Default shall occur
       upon the failure by Hawking to pay the full amount of any Installment
       Payment on or before the due date specified in this Consent Decree.

   13. 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 Hawking.

   14. Waivers. Hawking also 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. Hawking 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 Hawking nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Hawking
       shall waive any statutory right to a trial de novo. Hawking hereby
       agrees to waive any claims it may 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.

   15. Withdrawal of Pending Petition for Reconsideration.  Hawking shall
       withdraw its Petition for Reconsideration of the Forfeiture Order
       within five (5) business days after the Effective Date.

   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 Hawking does not expressly
       consent) that provision will be superseded by such Rule or Commission
       order.

   18. Successors and Assigns. Hawking 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 Enforcement Proceeding. 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 Hawking represents and warrants that he is authorized by
       Hawking  to execute this Consent Decree and to bind Hawking 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

   Federal Communications Commission

   ________________________________

   Date

   ________________________________

   Frank Lin

   President

   Hawking Technologies, Inc.

   ________________________________

   Date

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

   47 C.F.R. S:S: 2.803(a), 15.204(d).

   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(a) and 15.204(d).

   Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission, to
   Hawking Technologies, Inc. (June 26, 2006).

   See Hawking Technologies, Inc., Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 7140, 7143-44, paras. 7-10 (April 2, 2007).

   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: 15.204(d).

   47 C.F.R. S: 15.204(d)(1).

   Id.

   47 C.F.R. S: 15.204(d)(2). Of course, amplifiers must also comply with all
   applicable identification and labeling requirements prior to marketing. 47
   C.F.R. S: 2.925.

   See supra n. 3.

   Letter from Frank Lin, Chief Executive Officer, Hawking Technologies,
   Inc., to Thomas Fitz-Gibbon, Attorney, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission (July 11, 2006).

   Id. at 3.

   NAL, supra note 4.

   Hawking Technologies, Inc., Forfeiture Order, 24 FCC Rcd 4252 (2009).

   Petition for Reconsideration of Forfeiture Order from Hawking
   Technologies, Inc. (April 30, 2009).

   Debt Collection Improvement Act of 1996, Pub. L. 104-134, 110 Stat. 1321,
   1358 (Apr. 26, 1996).

   Federal Communications Commission DA 12-42

   2

   Federal Communications Commission DA 12-42