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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                            
                                                                
                                   )                            
     In the Matter of                                           
                                   )   File No.: EB-06-SE-388   
     Richard Mann d/b/a                                         
                                   )   Acct. No.: 200732100016  
     The Antique Radio Collector                                
                                   )   FRN: 0016215626          
     Toledo, Ohio                                               
                                   )                            
                                                                
                                   )                            


                                     ORDER

   Adopted: April 13, 2012 Released: April 13, 2012

   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) of the Federal Communications
       Commission (Commission) and Richard Mann d/b/a The Antique Radio
       Collector (Mr. Mann). The Consent Decree settles an enforcement
       proceeding regarding Mr. Mann's willful and repeated violation of
       Section 302(b) of the Communications Act of 1934, as amended (Act),
       and Section 2.803(a)(1) of the Commission's rules (Rules) in
       connection with the marketing in the United States of uncertified AM
       radio transmitters assembled from kits.

    2. The Bureau and Mr. Mann 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 Mr. Mann 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 Richard Mann d/b/a The Antique Radio Collector, 4231
       Willys Parkway, Toledo, OH 43612.

   FEDERAL COMMUNICATIONS COMMISSION

   John D. Poutasse

   Chief

   Spectrum Enforcement Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                            
                                                                
                                   )                            
     In the Matter of                                           
                                   )   File No.: EB-06-SE-388   
     Richard Mann d/b/a                                         
                                   )   Acct. No.: 200732100016  
     The Antique Radio Collector                                
                                   )   FRN: 0016215626          
     Toledo, Ohio                                               
                                   )                            
                                                                
                                   )                            


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   Richard Mann d/b/a The Antique Radio Collector, by their respective
   authorized representatives, hereby enter into this Consent Decree for the
   purpose of settling the Commission's enforcement proceeding regarding Mr.
   Mann's willful and repeated violation of Section 302(b) of the
   Communications Act of 1934, as amended, and Section 2.803(a)(1) of the
   Commission's rules, in connection with the marketing in the United States
   of uncertified AM radio transmitters assembled from kits.

   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. "Application for Review" means the Application for Review of the
       Reconsideration Order filed by Mr. Mann on June 2, 2008 seeking
       cancellation or reduction of the forfeiture.

    d. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Mr. Mann may be subject by virtue of his business activities,
       including but not limited to, the Equipment Marketing Rules.

    g. "Compliance Plan" means the compliance obligations, programs, and
       procedures that Mr. Mann may be required to implement pursuant to
       paragraph 10.

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

    i. "Equipment Marketing Rules" means Section 302(b) of the Act and
       Section 2.803 of the Rules and other Communications Laws governing the
       marketing of radio frequency devices within the United States and its
       territories.

    j. "Enforcement Proceeding" means the Bureau's Investigation, culminating
       in the issuance of the NAL, the Forfeiture Order, and the
       Reconsideration Order.

    k. "Forfeiture Order" means Richard Mann d/b/a The Antique Radio
       Collector, Forfeiture Order, 22 FCC Rcd 20516 (Enf. Bur., Spectrum
       Enf. Div. 2007).

    l. "Investigation" means the investigation commenced by the Bureau's
       November 15, 2006 letter of inquiry regarding whether Mr. Mann
       violated the Equipment Marketing Rules in connection with his
       marketing in the United States of uncertified AM radio transmitters
       that he assembled from kits.

    m. "Mr. Mann" means Richard Mann d/b/a The Antique Radio Collector.

    n. "Notice of Apparent Liability for Forfeiture" or "NAL" means Richard
       Mann d/b/a The Antique Radio Collector, Notice of Apparent Liability
       for Forfeiture, 22 FCC Rcd 4956 (Enf. Bur., Spectrum Enf. Div. 2007).

    o. "Petition for Reconsideration" means the Petition for Reconsideration
       of the Forfeiture Order filed by Mr. Mann on December 27, 2007 seeking
       cancellation or reduction of the forfeiture.

    p. "Parties" means Mr. Mann and the Bureau, each of which is a "Party".

    q. "Reconsideration Order" means Richard Mann d/b/a The Antique Radio
       Collector, Memorandum Opinion and Order, 23 FCC Rcd 6920 (Enf. Bur.
       2008).

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

   II. BACKGROUND

    2. Section 302(b) of the Act provides that "[n]o person shall
       manufacture, import, sell, offer for sale, or ship devices or home
       electronic equipment and systems, or use devices, which fail to comply
       with regulations promulgated pursuant to this section." Under Section
       2.803(a) of the Rules, the Commission prohibits the marketing of radio
       frequency devices in the United States unless the devices are
       authorized under the appropriate equipment authorization procedure and
       comply with the applicable technical standards as well as the
       administrative requirements relating to equipment labeling and
       consumer disclosure. Under Section 15.201(b) of the Rules, intentional
       radiators, such as AM transmitters, must be certified in accordance
       with the procedures set forth in Sections 2.1031 through 2.1060 of the
       Rules. "Kits," as defined in Section 15.3(p) of the Rules, however,
       generally do not require authorization.

   3. On November 15, 2006, the Bureau's Spectrum Enforcement Division
   (Division) issued the letter of inquiry (LOI) to Mr. Mann in response to a
   complaint alleging that Mr. Mann was assembling SSTRAN model AMT3000 AM
   transmitters (AMT3000 transmitters) from kits and then marketing the
   uncertified, assembled AMT3000 transmitters in the United States to end
   users in violation of the Equipment Marketing Rules. Mr. Mann responded to
   the LOI on November 25, 2006 (LOI Response). In his LOI Response, Mr. Mann
   stated that he did not know if the Commission had ever issued a
   certification authorizing a fully assembled AMT3000 transmitter. He also
   stated that he had ordered un-built AMT3000 hobby kits from the
   manufacturer, used his website (www.oldtimeradioprograms.com) to solicit
   orders for the purchase and assembly of the AMT3000 hobby kits, and then
   shipped fully assembled AMT3000 transmitters to his customers. Mr. Mann
   also reported that he had shipped 46 of these assembled AMT3000
   transmitters to end users in the United States.

    2. On March 15, 2007, the Division issued the Notice of Apparent
       Liability for Forfeiture against Mr. Mann, which proposed a forfeiture
       in the amount of $7,000 for Mr. Mann's apparent marketing in the
       United States of fully assembled, uncertified AMT3000 transmitters in
       apparent willful and repeated violation of Section 302(b) of the Act
       and Section 2.803(a)(1) of the Rules. On April 13, 2007, Mr. Mann
       responded to the NAL. On November 27, 2007, the Division issued the
       Forfeiture Order against Mr. Mann, which assessed a forfeiture in the
       amount of $7,000 for Mr. Mann's willful and repeated violation of
       Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.

    3. On December 27, 2007, Mr. Mann filed a Petition for Reconsideration of
       the Forfeiture Order  in which he sought cancellation or reduction of
       the forfeiture. On April 30, 2008, the Bureau released the
       Reconsideration Order, which affirmed the Forfeiture Order  and denied
       Mr. Mann's Petition for Reconsideration. The Reconsideration Order
       also ordered Mr. Mann to file a report with the Commission confirming
       that he had ceased marketing the AMT3000 "Enhanced" Transmitter Kit in
       the United States. On June 2, 2008, Mr. Mann filed an Application for
       Review of the Reconsideration Order. On June 3, 2008, Mr. Mann filed
       the report ordered by the Reconsideration Order, stating that he had
       "ceased offering the AMT3000 transmitter in any form." On December 21,
       2011, the Bureau and Mr. Mann entered into a tolling agreement to toll
       the applicable 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. Mr. Mann agrees that the Bureau has jurisdiction over him
   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. Settlement of Enforcement Proceeding. In express reliance on the
   covenants and representations in this Consent Decree, 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, Mr. Mann 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 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 Mr. Mann 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 Mr. Mann with respect to Mr. Mann's basic qualifications,
   including his character qualifications, to be a Commission licensee or
   hold Commission licenses or authorizations.

   10. Marketing Notification and Compliance Plan. By executing this Consent
   Decree, Mr. Mann acknowledges that the marketing of radio frequency
   devices assembled from kits, as defined in section 15.3(p) of the Rules, 
   without prior authorization is prohibited by the Equipment Marketing
   Rules, and represents and warrants that he is not now marketing in the
   United States any radio frequency devices, including radio frequency
   devices assembled from kits, that are subject to the Equipment Marketing
   Rules. Mr. Mann further agrees not to commence the marketing of any such
   devices without first providing written notice to the Bureau at least six
   (6) months prior to the date such marketing commences  so as to permit the
   Bureau and Mr. Mann to negotiate, and Mr. Mann to implement, a Compliance
   Plan designed to ensure Mr. Mann's future compliance with the
   Communications Laws. In the event Mr. Mann notifies the Bureau of his
   intention to commence marketing in the United States any radio frequency
   devices, including radio frequency devices assembled from kits, that are
   subject to the Equipment Marketing Rules, Mr. Mann further agrees to
   develop and implement a Compliance Plan, mutually agreed upon by the
   Bureau and Mr. Mann, that is designed to ensure Mr. Mann's future
   compliance with the Equipment Marketing Rules. The Compliance Plan shall
   be memorialized in an amendment to this Consent Decree and shall be in
   effect for a period of not more than twenty-four (24) months. Mr. Mann
   further agrees that he shall not commence marketing in the United States
   any radio frequency devices, including radio frequency devices assembled
   from kits, that are subject to the Equipment Marketing Rules unless and
   until the Compliance Plan has been implemented. Any such written notice
   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 Nissa Laughner at Nissa.Laughner@fcc.gov and to Ricardo
   Durham at Ricardo.Durham@fcc.gov. Unless stated otherwise, Mr. Mann's
   obligations under this paragraph 10 shall expire twenty-four (24) months
   after the Effective Date.

   11. Voluntary Contribution. Mr. Mann agrees to make a voluntary
   contribution to the United States Treasury in the amount of one hundred
   thirty dollars ($130), which is reduced from the amount assessed in the
   Forfeiture Order based on Mr. Mann's demonstrated inability to pay. The
   payment must 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 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 021030004, 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).
   Mr. Mann must also send electronic notification to Nissa Laughner at
   Nissa.Laughner@fcc.gov, Ricardo Durham at Ricardo.Durham@fcc.gov and
   Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is made.

   12. Waivers.  Mr. Mann waives any and all rights he 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. Mr. Mann 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 Mr.
   Mann nor the Commission shall contest the validity of the Consent Decree
   or of the Adopting Order, and Mr. Mann shall waive any statutory right to
   a trial de novo. Mr. Mann hereby agrees to waive any claims he 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.

   13. Withdrawal of Pending Application for Review.  Mr. Mann agrees that he
   will file with the Commission a motion to withdraw his Application for
   Review within five (5) calendar days after the Effective Date. The Bureau
   agrees that within thirty (30) calendar days after the Effective Date, the
   Bureau will issue an Order granting Mr. Mann's motion to withdraw the
   Application for Review.

   14. 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.

   15. 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 Mr. Mann does not expressly consent), that
   provision will be superseded by such rule or Commission order.

   16. 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.

   17. Modifications. This Consent Decree cannot be modified without the
   advance written consent of both Parties.

   18. 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.

   19. Authorized Representatives.  Mr. Mann represents and warrants that he
   is authorized to execute this Consent Decree on behalf of himself and The
   Antique Radio Collector. The FCC signatory represents that he is signing
   this Consent Decree in his official capacity and that he is authorized to
   execute this Consent Decree.

   20. 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.

   ________________________________

   John D. Poutasse

   Chief

   Spectrum Enforcement Division

   Enforcement Bureau

   ____________________________

   Date

   ____________________________

   Richard Mann

   d/b/a The Antique Radio Collector

   ____________________________

   Date

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

   47 C.F.R. S: 2.803(a)(1).

   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: 2.803(a)(1).

   Application for Review of Reconsideration Order, filed by Richard Mann
   d/b/a The Antique Radio Collector (June 2, 2008).

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

   47 C.F.R. S: 2.803.

   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).

   Section 2.801 of the Rules defines "radio frequency device" as "any device
   which in its operation is capable of emitting radio-frequency energy by
   radiation, conduction, or other means." 47 C.F.R. S: 2.801.

   Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC
   Enforcement Bureau, to Richard Mann, Antique Radio Collector (Nov. 15,
   2006).

   Appeal of Forfeiture Order, filed by Richard Mann d/b/a The Antique Radio
   Collector (Dec. 27, 2007). In the Appeal of Forfeiture Order, Mr. Mann
   requested that the Commission reconsider its findings in the Forfeiture
   Order based on arguments not previously presented to the Bureau in the NAL
   Response. Under Section 1.115(c) of the Rules, the Commission is barred
   from considering such arguments on appeal unless they have previously been
   presented to the Bureau for consideration. See 47 C.F.R. S: 1.115(c)
   ("[n]o application for review will be granted if it relies on questions or
   fact or law upon which the designated authority has been afforded no
   opportunity to pass."). As such, the Bureau in the Reconsideration Order
   treated Mr. Mann's Appeal of Forfeiture Order as a petition for
   reconsideration rather than as an application for review so as to have the
   opportunity to consider these arguments. See Richard Mann d/b/a The
   Antique Radio Collector, Memorandum Opinion and Order, 23 FCC Rcd 6920,
   6920 n.1 (Enf. Bur. 2008).

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

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

   Id. S: 15.201(b).

   Id. S:S: 2.1031-2.1060.

   Id S: 15.3(p) (defining "kit" as "[a]ny number of electronic parts,
   usually provided with a schematic diagram or printed circuit board, which,
   when assembled in accordance with instructions, results in a device
   subject to the regulations in this part, even if additional parts of any
   type are required to complete assembly.").

   See supra note 8.

   The complaint was filed by a seller of a certified AM part 15 transmitter.

   Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal
   McNeil, Assistant Division Chief, Spectrum Enforcement Division, FCC
   Enforcement Bureau (Nov. 25, 2006).

   Id. at 1.

   Id.

   Id.

   Richard Mann d/b/a The Antique Radio Collector, Notice of Apparent
   Liability for Forfeiture, 22 FCC Rcd 4956 (Enf. Bur., Spectrum Enf. Div.
   2007).

   Response to NAL, filed by Richard Mann d/b/a The Antique Radio Collector
   (Apr. 13, 2007) (NAL Response).

   Richard Mann d/b/a The Antique Radio Collector, Forfeiture Order, 22 FCC
   Rcd 20516 (Enf. Bur., Spectrum Enf. Div. 2007).

   See supra note 9.

   Richard Mann d/b/a The Antique Radio Collector, Memorandum Opinion and
   Order, 23 FCC Rcd 6920 (Enf. Bur. 2008).

   Id.at 6923 P: 10.

   See supra note 3.

   Report to the Commission as Directed in "Memorandum Opinion and Order" and
   Request for Reconsideration of the NAL, filed by Richard Mann d/b/a The
   Antique Radio Collector (May 20, 2008).

   Id. at 1.

   Tolling Agreement, EB-06-SE-388, by and between John D. Poutasse, Acting
   Chief, Spectrum Enforcement Bureau, Enforcement Bureau, Federal
   Communications Commission, and Richard Mann d/b/a The Antique Radio
   Collector (Dec. 21, 2011).

   See supra note 6.

   See supra note 7.

   See supra note 14.

   See supra note 23.

   Federal Communications Commission DA 12-574

   2

   Federal Communications Commission DA 12-574

   5