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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Digital Antenna, Inc. Sunrise, Florida ) ) ) ) ) File
   No.: EB-SED-13-00009244 NAL/Acct. No.: 200832100045 FRN: 0005061015




                                     ORDER

   Adopted: August 30, 2013 Released: August 30, 2013

   By the Acting 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 Digital Antenna, Inc. (Digital Antenna).
       The Consent Decree resolves and terminates the Bureau's investigation
       into Digital Antenna's compliance with Sections 4(i), 4(j), and 403 of
       the Communications Act of 1934, as amended,^ in connection with its
       failure to respond fully to directives of the Bureau to provide
       certain information and documents.

    2. The Bureau and Digital Antenna 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 Digital Antenna 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), 4(j), and
       503(b) of the Communications Act of 1934, as amended, and Sections
       0.111 and 0.311 of the Commission's 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 Joanne Johnson, President, Digital Antenna, Inc., 5325
       NW 108^th Avenue, Sunrise, FL 33351, and to Steven A. Augustino, Esq.,
       Kelley Drye & Warren, LLP, Counsel for Digital Antenna, Inc., 3050 K
       Street NW, Suite 400, Washington DC 20007.

   FEDERAL COMMUNICATIONS COMMISSION

   Robert H. Ratcliffe

   Acting Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Digital Antenna, Inc. Sunrise, Florida ) ) ) ) ) File
   No.: EB-SED-13-00009244 NAL/Acct. No.: 200832100045 FRN: 0005061015




                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   Digital Antenna, Inc., by their authorized representatives, hereby enter
   into this Consent Decree for the purpose of settling an enforcement
   proceeding against Digital Antenna regarding Digital Antenna's compliance
   with Sections 4(i), 4(j), and 403 of the Communications Act of 1934, as
   amended,^ in connection with its failure to respond fully to directives of
   the Bureau to provide certain information and documents.

   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.

    a. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

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

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

    d. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Digital Antenna is subject by virtue of its business activities.

    e. "Compliance Plan" means the compliance obligations, program, and
       procedures described in this Consent Decree at paragraph 10.

    f. "Covered Employees" means all employees and agents of Digital Antenna
       who prepare responses, are responsible for responding, or otherwise
       possess the corporate or organizational authority to respond or direct
       a response, to Commission inquiries or directives on behalf of Digital
       Antenna.

    g. "Digital Antenna" means Digital Antenna, Inc. and its subsidiaries as
       well as its predecessors-in-interest and its successors-in-interest.

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

    i. "Investigation" means the investigation commenced by the Bureau's
       November 5, 2007 letter of inquiry to Digital Antenna, concluding with
       Digital Antenna's response to the Bureau's directive in the NAL&O to
       fully respond to the Bureau's inquiries.

    j. "Notice of Apparent Liability for Forfeiture and Order" or "NAL&O"
       means Digital Antenna, Inc., Notice of Apparent Liability for
       Forfeiture and Order, 23 FCC Rcd 7600 (Enf. Bur. 2008).

    k. "Parties" means Digital Antenna and the Bureau, each of which is a
       "Party."

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

   II. BACKGROUND

    2. Sections 4(i), 4(j), and 403 of the Act afford the Commission broad
       authority to investigate the entities it regulates. Section 4(i)
       authorizes the Commission to "issue such orders, not inconsistent with
       [the] Act, as may be necessary in the execution of its functions,"^
       and Section 4(j) states that the "Commission may conduct its
       proceedings in such manner as will best conduce to the proper dispatch
       of business and to the ends of justice."^ Section 403 likewise grants
       the Commission "full authority and power at any time to institute an
       inquiry, on its own motion . . . relating to the enforcement of any of
       the provisions of [the] Act."^

    3. On November 5, 2007, the Bureau issued a letter of inquiry to Digital
       Antenna, directing Digital Antenna to submit a sworn written response
       to a series of questions relating to Digital Antenna's marketing of
       certain cellular boosters/repeaters.^ Digital Antenna responded to the
       First LOI on November 6, 2007, but failed to answer all of the
       Bureau's questions.^ The Bureau issued a second letter of inquiry to
       Digital Antenna on February 4, 2008, directing Digital Antenna to
       provide the information that it failed to supply in its first
       response.^ Digital Antenna responded to the Second LOI on February 15,
       2008, but again failed to fully provide the requested information.^

    4. On May 12, 2008, the Bureau issued a Notice of Apparent Liability for
       Forfeiture and Order to Digital Antenna, proposing a monetary
       forfeiture in the amount of $11,000 for its apparent willful and
       repeated failure to respond fully to the directives of the Bureau. ^ ^
       In the NAL&O, the Bureau noted that "[p]rompt and full responses to
       Bureau inquiry letters are essential to the Commission's enforcement
       function."^ The NAL&O also ordered Digital Antenna to respond fully to
       the Second LOI within thirty days of the NAL&O. Digital Antenna
       submitted a complete response to the NAL&O on June 11, 2008,
       contending, inter alia, that it in good faith attempted to respond to
       the Bureau inquiry letters.^ The Parties agreed subsequently to
       negotiate a settlement. The Bureau and Digital Antenna entered into a
       tolling agreement to toll the applicable statute of limitations.^

   III. TERMS OF AGREEMENT

    5. 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.

    6. Jurisdiction. Digital Antenna 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.

    7. 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.

    8. 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, Digital Antenna 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 Digital Antenna 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
       Digital Antenna with respect to Digital Antenna's basic
       qualifications, including its character qualifications, to be a
       Commission licensee or to hold Commission licenses or authorizations.

    9. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, Digital Antenna 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 Digital Antenna 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 obligations
       under Sections 4(i), 4(j), and 403 of the Act to respond to Commission
       inquiries and directives, including, without limitation, the process
       for both seeking and obtaining extensions of time to respond to
       Commission inquiries and directives, and the procedures set forth in
       Section 0.459 of the Rules for requesting that materials or
       information submitted to the Commission be withheld from public
       inspection.^

   10. Compliance Plan. For purposes of settling the matters set forth
       herein, Digital Antenna 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. As part of the Compliance Plan, Digital Antenna shall
       establish detailed internal procedures and policies specifically
       designed to ensure that Digital Antenna fully and completely responds
       to all future Commission inquiries and directives in a timely manner.

   11. Compliance Reports. Digital Antenna shall file Compliance Reports with
       the Commission ninety (90) calendar 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 Digital
       Antenna's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree. In addition, each Compliance
       Report shall include a certification by the Compliance Officer, as an
       agent of and on behalf of Digital Antenna, stating that the Compliance
       Officer has personal knowledge that Digital Antenna (i) has
       established and implemented the Compliance Plan; and (ii) is not aware
       of any instances of noncompliance with the terms and conditions of
       this Consent Decree.

    m. 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.^

    n. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of Digital
       Antenna, 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 Digital Antenna 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
       Digital Antenna has taken or will take to prevent the recurrence of
       any such noncompliance, including the schedule on which such
       preventive action will be taken.

    o. The Compliance Reports shall be submitted to the Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street SW, Room 3-C366, Washington, D.C. 20554,
       with a copy submitted electronically to Celia Lewis at
       Celia.Lewis@fcc.gov and to Daudeline Meme at Daudeline.Meme@fcc.gov.

   12. Termination Date. Unless stated otherwise, the requirements of
       paragraphs 9 through 11 of this Consent Decree shall expire thirty-six
       (36) months after the Effective Date.

   13. Voluntary Contribution. Digital Antenna agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       five thousand dollars ($5,000) within thirty (30) calendar days after
       the Effective Date. Digital Antenna shall also send electronic
       notification of payment to Celia Lewis at Celia.Lewis@fcc.gov,
       Daudeline Meme at Daudeline.Meme@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.

   14. Waivers. Digital Antenna 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. Digital Antenna 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 Digital Antenna nor the Commission shall
       contest the validity of the Consent Decree or of the Adopting Order,
       and Digital Antenna shall waive any statutory right to a trial de
       novo. Digital Antenna 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.

   15. 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.

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

   17. Successors and Assigns. Digital Antenna agrees that the provisions of
       this Consent Decree shall be binding on its successors, assigns, and
       transferees.

   18. 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.

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

   20. 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.

   21. Authorized Representative. The individual signing this Consent Decree
       on behalf of Digital Antenna represents and warrants that she is
       authorized by Digital Antenna to execute this Consent Decree and to
       bind Digital Antenna to the obligations set forth herein. 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.

   22. 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

   ________________________________

   Joanne Johnson

   President

   Digital Antenna, Inc.

   ______________________________

   Date

   ^ The investigation initiated under File No. EB-07-SE-390 was subsequently
   assigned File No. EB-SED-13-00009244.

   ^ 47 U.S.C. SS 154(i), 154(j), 403.

   ^ Id. SS 154(i), 154(j), 503(b); 47 C.F.R. SS 0.111, 0.311.

   ^ The investigation initiated under File No. EB-07-SE-390 was subsequently
   assigned File No. EB-SED-13-00009244.

   ^ 47 U.S.C. SS 154(i), 154(j), 403.

   ^ Id. S 154(i).

   ^ Id. S 154(j).

   ^ Id. S 403.

   ^ See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
   Division, FCC Enforcement Bureau, to Anthony Gallagher, President, Digital
   Antenna, Inc. (Nov. 5, 2007) (on file in EB-SED-13-00009244) (First LOI).
   In this regard, we note that Digital Antenna currently holds 14 equipment
   authorizations for various cellular boosters/repeaters.

   ^ See Letter from Anthony Gallagher, President, Digital Antenna, Inc., to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement
   Bureau (Nov. 6, 2007) (on file in EB-SED-13-00009244).

   ^ See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
   Division, FCC Enforcement Bureau, to Anthony Gallagher, President, Digital
   Antenna, Inc. (Feb. 4, 2008) (on file in EB-SED-13-00009244) (Second LOI).

   ^ See Letter from Anthony Gallagher, President, Digital Antenna, Inc., to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement
   Bureau (Feb. 15, 2008) (on file in EB-SED-13-00009244).

   ^ Digital Antenna, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 23 FCC Rcd 7600 (Enf. Bur. 2008).

   ^ Id. at 7603, para. 10. It is well established that failure to respond to
   an LOI from the Bureau violates a Commission order. See, e.g., Carrera
   Commc'ns, LP, Notice of Apparent Liability for Forfeiture and Order, 20
   FCC Rcd 13307, 13316, para. 22 (2005) (Carrera) (holding that company's
   apparent willful and repeated failures to respond to the Bureau's LOIs
   constitute violations of Commission orders); LDC Telecomm., Inc., Notice
   of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 300, 301, para.
   5 (Enf. Bur. 2012) (LDC) (holding that "[t]he Bureau's LOI directed to LDC
   was a legal order of the Commission requiring LDC to produce the requested
   documents and information," and that "LDC's failure to provide the
   documents and information sought within the time and manner specified
   constitute[d] a violation of a Commission order"). In fact, such
   violations do not always entail a total failure to respond; the Commission
   has recognized that parties may violate a Commission order by providing
   incomplete or untimely responses to Bureau LOIs or by failing to properly
   certify the accuracy of their responses. See, e.g., Carrera, 20 FCC Rcd at
   13319, para. 31 (proposing an $8,000 forfeiture penalty against a company
   not represented by counsel that filed an untimely and incomplete response
   to a Bureau LOI).

   ^ See Response of Digital Antenna, Inc. (June 11, 2008) (on file in
   EB-SED-13-00009244).

   ^ See Tolling Agreement, executed by and between John D. Poutasse, Chief,
   Spectrum Enforcement Division, FCC Enforcement Bureau, and Steve
   Augustino, Esq., Counsel for Digital Antenna, Inc. (Jan. 18, 2013) (on
   file in EB-SED-13-00009244).

   ^ 47 U.S.C. SS 154(i), 154(j), 403; 47 C.F.R. S 0.459.

   ^ 47 C.F.R. S 1.16.

   ^ 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. SS 1.1501-1.1530.

   Federal Communications Commission DA 13-1761[]

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   Federal Communications Commission DA 13-1761

   Federal Communications Commission DA 13-1761[]

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   Federal Communications Commission DA 13-1761[]