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Federal Communications Commission DA 13-200
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Fiducia, Inc. d/b/a “America’s Toner”; “Toner 
Dome”; TDI, Inc.; John David
)
)
)
)
)
)
File No.:  EB-TCD-12-00000197
1
NAL/Acct. No.: 200832170066
FRN:  0017433186
ORDER
Adopted: March 29, 2013                     Released: April 1, 2013
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 Fiducia, Inc. d/b/a 
America’s Toner, and John David.  The Consent Decree terminates an investigation regarding America’s 
Toner’s compliance with Section 227(b)(1)(C) of the Communications Act of 1934, as amended (Act),
2
and Section 64.1200(a)(4) of the Commission’s rules
3
with respect to delivery of unsolicited 
advertisements to the telephone facsimile machines of consumers.
2. The Bureau and America’s Toner have negotiated the Consent Decree that resolves this 
matter.  A copy of the Consent Decree is attached hereto and incorporated by reference.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find 
that the public interest will be served by adopting the Consent Decree and terminating the investigation.    
4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) 4(j), and 503(b) of the Act,
4
and Sections 0.111 and 0.311 of the Rules,
5
the Consent Decree attached to this Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED.
                                                     
1
This case was formerly assigned the file number EB-06-TC-131.  In January 2011, the Telecommunications 
Consumers Division assigned a new case number. 
2
47 U.S.C. § 227(b)(1)(C)..
3
47 C.F.R. §64.1200(a)(4).
4
47 U.S.C. §§ 154(i), 154(j),503(b).
5
47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 13-200
2
6. 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 Fiducia, Inc. d/b/a America’s Toner, Attn: 
John David, Owner, 162 Dallas Village Shopping Ctr. #182, Dallas, PA 18612-1231. 
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission DA 13-200
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Fiducia, Inc. d/b/a “America’s Toner”; “Toner 
Dome”; TDI, Inc.; John David
)
)
)
)
)
)
File No.:  EB-TCD-12-00000197
1
NAL/Acct. No.: 200832170066
FRN:  0017433186
CONSENT DECREE
I. INTRODUCTION
The Enforcement Bureau of the Federal Communications Commission, TDI, Inc. and “Toner 
Dome,” successors in interest to Fiducia, Inc. d/b/a “America’s Toner,” and John David hereby enter into 
this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether 
they violated Section 227(b)(1)(C) of the Communications Act of 1934, as amended,
2
and Section
64.1200(a)(4) of the Commission’s rules
3
with respect to the delivery of unsolicited advertisements to 
telephone facsimile machines.  
II. 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. § 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) “Advertisement” means any material advertising the commercial availability or 
quality of any property, goods, or services.
(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 any 
Company or John David is subject by virtue of its or his business activities, 
including, but not limited to, the Unsolicited Facsimile Rules.  
                                                     
1
This case was formerly assigned the file number EB-06-TC-131.  In January 2011, the Telecommunications 
Consumers Division assigned a new case number. 
2
47 U.S.C. § 227(b)(1)(C).
3
47 C.F.R. § 64.1200(a)(4).  
Federal Communications Commission DA 13-200
2
(g) “Companies” means Fiducia, Inc., d/b/a “America’s Toner,” TDI, Inc., “Toner 
Dome,” and any other business John David controls, each of which is a 
“Company.” 
(h) “Complaint” means any complaint John David or any Company receives directly
from a third party, a federal or state regulatory agency (including the FCC) or 
otherwise, relating to facsimile marketing activities.
(i) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 11.  
(j) “Contractor” means any person John David or any Company engages, whether as 
an independent contractor, vendor, service provider, or otherwise, to use any 
telephone facsimile machine, computer, or other device, to transmit or send any 
Advertisement to a telephone facsimile machine, on behalf of John David or any 
Company.    
(k) “Covered Employees” means all employees, Contractors, and agents of John 
David, or any Company, who perform duties, supervise, oversee, or manage the 
performance of duties that relate to responsibilities of John David, or any 
business he controls, under this Consent Decree and the Unsolicited Facsimile 
Rules.
(l) “Effective Date” means the date on which the Bureau releases the Adopting 
Order. 
(m) “Established Business Relationship” and “EBR” shall have the meaning set forth 
in 47 C.F.R. § 64.1200(f)(6). 
(n) “Investigation” means the investigation commenced by the Bureau regarding 
whether any Company or John David violated 47 U.S.C. § 227 and 47 C.F.R. § 
64.1200(a)(4). 
(o) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by John David, or any Company, to implement 
the Compliance Plan. 
(p) “Parties” means Companies, John David, and the Bureau, each of which is a 
“Party.”
(q) “Person” shall have the meaning set forth in 47 U.S.C. § 153(39). 
(r) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(s) “United States” shall have the meaning set forth in 47 U.S.C. § 153(58).
(t) “Unsolicited Advertisement” shall have the meaning set forth in 47 U.S.C. § 
227(a)(5). 
(u) “Unsolicited Facsimile Rules” means 47 U.S.C. § 227, the Commission’s 
regulations found in 47 C.F.R. § 64.1200(a)(4), and other Communications Laws 
governing Unsolicited Advertisements.  
(v) “Voluntary Contribution” means the payment made by John David or any 
Company to the United States Treasury pursuant to this agreement and described 
at paragraph 16 of this Consent Decree.
Federal Communications Commission DA 13-200
3
III. BACKGROUND
2. Congress enacted the Telephone Consumer Protection Act of 1991 to address problems of 
abusive telemarketing, including junk faxes.
4
  Unsolicited faxes often impose unwanted burdens on the 
recipient, including costs of paper and ink, and making fax machines unavailable for legitimate messages.  
Section 227(b)(1)(C) of the Act thus makes it “unlawful for any person within the United States, or any 
person outside the United States if the recipient is within the United States . . . to use any telephone 
facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited 
advertisement.”
5
    
3. On July 21, 2006, in response to a Complaint alleging that “America’s Toner” had faxed 
Unsolicited Advertisements, the Bureau issued a citation to “America’s Toner” for using a telephone 
facsimile machine, computer, or other device to send Unsolicited Advertisements to telephone facsimile 
machines.
6
  Subsequently, based on additional Complaints, the Commission released four Notices of 
Apparent Liability (NALs) against “America’s Toner,” finding that the Company apparently willfully and 
repeatedly violated Section 227 of the Act and Section 64.1200(a)(4) of the Rules, and proposing a total 
forfeiture of $1,184,500 against “America’s Toner.”
7
  
4. “America’s Toner” filed responses indicating that, among other things, it had ceased sending 
Advertisements by facsimile.  It also submitted the 2004, 2005, and 2006 tax returns of “Fiducia, Inc. dba 
Americastoner.com” to demonstrate that “America’s Toner” was unable to pay the forfeitures proposed in 
the NALs.
8
  
                                                     
4
Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991) (codified at 47 U.S.C. § 
227).  See also Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359 (2005).
5
47 U.S.C. § 227(b)(1)(C).  The prohibition is subject to certain exceptions, such as if the sender has an EBR with 
the recipient and the sender obtained the facsimile number from the recipient through voluntary communication in 
the context of an EBR, or from a directory, advertisement, or website through which the recipient voluntarily agreed 
to make its facsimile number available for public distribution.  In addition, the Unsolicited Advertisement must 
notify the recipient how to opt out of receiving future facsimile Advertisements, subject to certain requirements.  
The Commission has adopted implementing rules.  47 C.F.R. § 64.1200(a)(4).  
6
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, FCC Enforcement 
Bureau, to America’s Toner (July 21, 2006) (on file in EB-TCD-12-00000197).  See also 47 U.S.C. § 503(b)(5).  
The citation identified “American Toner” and Fiducia, Inc. as other names for “America’s Toner,” and was directed 
to the attention of John David.    
7
America’s Toner, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 5415 (2008); America’s Toner, Notice 
of Apparent Liability for Forfeiture, 23 FCC Rcd 9151 (Enf. Bur. 2008); America’s Toner, Notice of Apparent 
Liability for Forfeiture, 23 FCC Rcd 13199 (2008); and America’s Toner, Notice of Apparent Liability for 
Forfeiture, 23 FCC Rcd 18466 (2008).  Each of the NALs defined “America’s Toner” to include “American Toner” 
and Fiducia, Inc., as well as John David personally.    
8
See Letter from John David, America’s Toner, to Office of Secretary, dated Apr. 12, 2008; Letter from John David, 
America’s Toner, to Kris Anne Monteith, Chief, Enforcement Bureau, dated June 20, 2008; and Letter from John 
David, America’s Toner, to Office of Secretary, dated Sept. 25, 2008.  See also Letter from John David, America’s 
Toner, to Enforcement Bureau, Telecommunications Consumer Division, dated July 2, 2008.  Letter from John 
David, America’s Toner, to Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division, FCC 
Enforcement Bureau (Aug. 18, 2006) (on file in EB-TCD-12-00000197). Letter from John David, America’s Toner, 
to FCC Office of Secretary (Apr. 12, 2008) (on file in EB-TCD-12-00000197) (America’s Toner Apr. 12, 2008 
Letter). Letter from John David, America’s Toner, to Kris Anne Monteith, Chief, FCC Enforcement Bureau (June 
20, 2008) (on file in EB-TCD-12-00000197); Letter from John David, America’s Toner, to Kris Anne Monteith, 
Chief, FCC Enforcement Bureau (Sept. 25, 2008) (on file in EB-TCD-12-00000197); Letter from John David, 
(continued….)
Federal Communications Commission DA 13-200
4
5. Subsequently, the Bureau learned that Fiducia, Inc. – which operated as “America’s Toner” –  
had been involuntarily dissolved.  In order to update the business status and financial information of 
“America’s Toner,” the Bureau sent a Letter of Inquiry to John David, requesting that he provide current 
information, including more recent financial information, on “America’s Toner” and related enterprises.
9
John David reported that Fiducia, Inc. was no longer in business, that “Toner Dome” was its successor, that 
TDI, Inc. owned “Toner Dome,” and that he is the sole owner of TDI. Inc.
10
  John David submitted the 2009, 
2010, and 2011 federal corporate tax returns of TDI, Inc. and “Fiducia, Inc. dba Americastoner.com” to 
demonstrate that TDI, Inc., as successor to Fiducia, Inc., was unable to pay the forfeitures proposed in the 
NALs.      
IV. 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.  The Companies and John David agree that the Bureau has jurisdiction over
them 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 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 terminating the Investigation, the Companies and John David agree 
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 the Companies or John David concerning 
the matters that were the subject of the Investigation.
10. Compliance Officer.  John David represents that “America’s Toner” was a name through 
which Fiducia, Inc. did business; that Fiducia, Inc. has been dissolved; that “Toner Dome” is a name 
through which TDI, Inc. does business; that TDI, Inc. is a successor to Fiducia, Inc.; that he is the sole 
owner of TDI, Inc.; and that he exercises control over the daily operations of the Companies and is 
personally responsible for compliance with the Communications Laws and this Consent Decree, including 
the discharge of the duties set forth below.  John David shall be responsible for developing, implementing, 
and administering the Compliance Plan and ensuring that he, and the Companies, comply with the terms 
and conditions of the Compliance Plan and this Consent Decree.  In addition to the general knowledge of 
(Continued from previous page)                                                            
America’s Toner, to Telecommunications Consumers Division, FCC Enforcement Bureau (Jan. 9, 2009) (on file in 
EB-TCD-12-00000197).  
9
Letter of Inquiry from Richard A. Hindman, Chief, Telecommunications Consumers Division, FCC Enforcement 
Bureau, to America’s Toner (Mar. 20, 2012) (on file in EB-TCD-12-00000197) (LOI).  
10
Letter from John David, America’s Toner, to FCC Office of Secretary at 1 (Mar. 30, 2012) (on file in EB-TCD-
12-00000197).  
Federal Communications Commission DA 13-200
5
the Communications Laws necessary to discharge his duties under this Consent Decree, John David shall 
have, or acquire, specific knowledge of the Unsolicited Facsimile Rules. 
11. Compliance Plan.  For purposes of settling the matters set forth herein, John David represents
that, prior to the Effective Date, he and each Company have ceased sending, or causing to be sent, all 
Advertisements by facsimile in the United States (including Unsolicited Advertisements), and have 
advised all Covered Employees of the provisions of this consent decree.
11
  Further, John David agrees
that, after the Effective Date, neither he nor any Company shall send, or cause to be sent, any 
Advertisements by facsimile in the United States except under the following conditions: 
(a) Implementation.  Not less than ninety (90) calendar days before John David, or
any Company, sends, or causes to be sent, any Advertisement by facsimile
(including Unsolicited Advertisements), John David shall (i) 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, 
and (ii) notify the Commission that such Compliance Plan has been implemented.  
The notification shall be sent to Daniel.Grosh@fcc.gov and to 
Phillip.Priesman@fcc.gov.  The Compliance Plan shall include, without 
limitation, the components set forth in this Paragraph 11.
(b) Operating Procedures on Unsolicited Advertisements.  John David shall 
establish Operating Procedures that he and all Covered Employees shall follow to 
ensure compliance with the Unsolicited Facsimile Rules and the 
Communications Laws.  These Operating Procedures shall include, without 
limitation: 
i. A “Compliance Checklist” that describes the steps that John David and 
all Covered Employees must follow to ensure compliance with this 
Consent Decree and the Unsolicited Facsimile Rules and appropriate 
reporting of non-compliance pursuant to paragraph 14 below; 
ii. Procedures for keeping, managing, updating the “EBR List,” “No-Fax 
List,” and any “Fax Lists,” as those terms are used below;
iii. Procedures for promptly investigating and resolving Complaints;
iv. A requirement that John David monitor all facsimile marketing activities 
of any business he controls, for compliance and reporting non-
compliance purposes.
(c) Company In-house EBR List.  John David shall create an “EBR List” that 
includes (i) the name of each Person with whom he, or any Company, has an 
EBR and whose facsimile number he, or any Company, has obtained consistent 
with the Unsolicited Facsimile Rules; and (ii) the facsimile number for each such 
Person.  John David shall update and maintain the EBR List to ensure that at all 
times it is accurate, current, and consistent with the Unsolicited Facsimile Rules.  
(d) Company In-house No-Fax List.  John David shall create a “No-Fax List”
containing (i) the name of each Person who has requested that he, or any 
Company, not send any additional Advertisements; and (ii) the facsimile number 
for each such Person.  John David shall update and maintain the No-Fax List to 
                                                     
11
For purposes of this order, sending or causing to be sent on its behalf, any Advertisement by facsimile in the 
United States includes any Advertisement by facsimile intended to be received in the United States, regardless of the 
location from which the facsimile was sent.
Federal Communications Commission DA 13-200
6
ensure that at all times it is accurate, current, and consistent with the Unsolicited 
Facsimile Rules.  Neither John David nor any Company shall send, or cause to be 
sent, any Advertisement to the facsimile number of any Person on the No-Fax 
List.   
(e) Company Fax List.  John David shall create a “Fax List.” The Fax List shall
contain the names of (i) Persons who have given John David or any Company,
prior express invitation or permission to send them Advertisements; (ii) Persons 
on the EBR List; and (iii) the facsimile number for each such Person.  John 
David shall ensure that no Person on the No-Fax List appears on the Fax List.  
Neither John David nor any Company, shall send, or cause to be sent, any 
Advertisement to the facsimile machine of any Person or to any facsimile number 
that is not identified on the Fax List.  
(f) Compliance Manual.  John David shall develop and distribute a Compliance 
Manual to all Covered Employees.  The Compliance Manual shall explain the 
Unsolicited Facsimile Rules and set forth the Operating Procedures that all 
Covered Employees must follow to help ensure compliance with this Consent 
Decree and with the Unsolicited Facsimile Rules.  The Compliance Manual shall 
memorialize, without limitation, the Operating Procedures listed in subparagraph 
(b) above.
(g) Contractor Agreements  John David and each Company shall include in every 
contract with every Covered Employee entered into after the Effective Date a 
binding obligation on the part of such Covered Employee to: 
i. Comply with the Unsolicited Facsimile Rules;
ii. Comply with the Operating Procedures and all supplemental instructions 
from John David and any Company;
iii. Transmit to John David, on a daily basis, reports that identify and 
provide data for each complaint or “Do-Not-Fax” request relating to 
unsolicited facsimiles; and
iv. Permit John David and any Company, to take appropriate action, 
including immediately terminating the agreement, if the Contractor or 
agent fails to follow the Operating Procedures or to comply with its legal 
obligations under this Consent Decree or with the Unsolicited Facsimile 
Rules.
(h) Disciplinary Action.  John David shall take appropriate disciplinary action if he
discovers that any Covered Employee has failed to follow the Operating 
Procedures or to comply with the legal obligations of John David, or any 
Company, under this Consent Decree or with the Unsolicited Facsimile Rules.  
(i) Compliance with Bureau Requests.  John David shall maintain and make 
available to the Bureau, within fourteen (14) days of receipt of any specific 
request from the Bureau, business records documenting its compliance with the 
terms and provisions of this Consent Decree.
12. Compliance Reports.  John David shall submit Compliance Reports to the Bureau for three
(3) years after the Effective Date.  Such reports shall be due every three (3) months for the first two years 
Federal Communications Commission DA 13-200
7
after the Effective Date, and every six (6) months during the third year after the Effective Date. Such 
reports shall be due on the first day of each reporting period.    
(a) Each Compliance Report shall include a certification by John David stating 
whether, he, or any Company, has sent or caused to be sent, Advertisements by 
facsimile during the reporting period.  If John David or any Company has sent, or 
caused to be sent, any Advertisement by facsimile during the reporting period, 
the certification shall also state that John David, in his personal capacity, and on 
behalf of each Company, has (i) implemented the Compliance Plan and so 
notified the Commission as required by Paragraph 11; (ii) has utilized the 
Operating Procedures since implementing 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 12
hereof.  
(b) Each Compliance Report shall also include the number of telephone line 
accounts billed to John David and each Company, including the contact numbers, 
billing contact, and billing addresses for each telephone line identified as 
belonging to Mr. David or any Company.
(c) John David’s certification shall be accompanied by a statement explaining the 
basis for such certification and must be in the form set forth in Section 1.16 of 
the Rules
12
and be subscribed as true under penalty of perjury substantially in the 
form set forth therein. 
(d) If John David cannot provide the requisite certification, he shall provide the 
Commission with a detailed explanation of the reason(s) why and describe fully 
(i) each instance of non-compliance; (ii) the steps that he and each Company 
have 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 he and 
each Company have taken or will take to prevent the recurrence of any such non-
compliance, including the schedule on which such preventive action will be 
taken. 
13. All Compliance Reports shall be submitted to the Chief, Telecommunications Consumers 
Division, Enforcement Bureau, Federal Communications Commission, 445 12
th
Street, S.W., Washington, 
D.C. 20554. John David shall also send an electronic copy of its compliance report and certification to  
Daniel.Grosh@fcc.gov, and to Phillip.Priesman@fcc.gov
14. Reporting Non-Compliance. John David and each Company shall disclose any failure to 
comply with the Unsolicited Facsimile Rules and the terms and conditions of this Consent Decree within 
fifteen (15) calendar days after discovery of such failure to comply.  Such reports shall include a detailed 
explanation of (i) each instance of non-compliance; (ii) the steps that John David and each Company have
taken or will take to remedy such non-compliance; (iii) the schedule on which such proposed remedial 
actions will be taken; and (iv) the steps that John David and each Company have taken or will take to 
prevent the recurrence of any such non-compliance.  All reports of non-compliance shall be submitted to 
the Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications 
Commission, 445 12
th
Street, S.W., Rm. 4-C224, Washington, D.C. 20554, with copies submitted 
electronically to Daniel.Grosh@fcc.gov and to Phillip.Priesman@fcc,gov. 
15. Termination Date.  Unless stated otherwise, the obligations set forth in paragraphs 10
through 14 of this Consent Decree shall expire thirty-six (36) months after the Effective Date. 
                                                     
12
47 C.F.R. § 1.16.
Federal Communications Commission DA 13-200
8
16. Voluntary Contribution. John David or the Companies shall make a Voluntary Contribution 
to the United States Treasury in the amount fifty thousand dollars ($50,000) within thirty (30) calendar 
days after the Effective Date.  John David and the Companies acknowledge and agree that upon executing
this Consent Decree, the Voluntary Contribution shall become a “Claim” or “Debt” as defined in 31 
U.S.C. § 3701(b)(1).
13
  Upon an Event of Default by Nonpayment of the Voluntary Contribution, all 
procedures for collection permitted by the Debt Collection Improvement Act of 1996
14
and other 
provisions of law
15
may, at the Commission’s discretion, be initiated.  John David shall also send 
electronic notification of payment to Johnny Drake at Johnny.Drake@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.
16
  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.
17. Event of Default by Nonpayment.  John David and each Company agree that an Event of 
Default by Nonpayment shall occur upon the failure by them to pay the full amount of the Voluntary 
Contribution on or before the due date specified in this Consent Decree.  John David and each Company 
further agree to toll and/or revive any applicable statutes of limitations for any and all possible violations 
that form the basis of the Investigation such that, upon an Event of Default by Nonpayment, the statutes of 
limitations shall expire six (6) months after the date of default by nonpayment.  Further, upon an Event of 
Default for Nonpayment, the provisions of paragraph 9 shall be null and void.
18. Interest and Charges for Collection.  Upon an Event of Default by Nonpayment under this 
Consent Decree, the then unpaid amount of the Voluntary Contribution shall accrue interest, computed 
                                                     
13
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
14
Id. 
15
See 31 C.F.R. Part 900-904; 47 C.F.R. § 1.1901, et seq.
16
FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
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using the U.S. Prime Rate in effect on the date of the Event of Default by Nonpayment plus 4.75%, from 
the date of the Event of Default by Nonpayment until payment in full.  Upon an Event of Default by 
Nonpayment, 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. § 3717 and 
administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees, is accelerated and shall 
become immediately due and payable, without notice, presentment, demand, protest, or notice of protest of 
any kind, all of which are waived by John David and each Company. 
19. Representations.  John David and each Company represent that they are not engaged in any 
activity that is subject to oversight by the Commission, including activities involving faxing 
Advertisements. John David and each Company acknowledge that sending Advertisements by facsimile is 
unlawful, unless they have an EBR with the recipient and they obtained the facsimile number from the 
recipient through voluntary communication in the context of an EBR, or from a directory, advertisement, 
or website through which the recipient voluntarily agreed to make its facsimile number available for 
public distribution; and, the facsimile Advertisement notifies the recipient in accordance with the 
Unsolicited Facsimile Rules how to opt out of receiving future such Advertisements. John David and each 
Company hereby waive their right to send Advertisements by facsimile unless they satisfy the 
requirements of the Unsolicited Facsimile Rules and this Consent Decree, including the adoption of the 
Compliance Plan.
20. Waivers.  John David and each Company waive any and all rights they 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 the Adopting Order.  
If any Party (or the United States on behalf of the Commission) brings a judicial action to enforce the 
terms of the Adopting Order or Consent Decree, neither that Party nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and John David and each Company shall waive any 
statutory right to a trial de novo.  John David and each Company hereby waive any claims they may 
otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., 
relating to the matters addressed in this Consent Decree.
21. Severability.  The Parties agree that if a court of competent jurisdiction renders any of the 
provisions of the Adopting Order or the Consent Decree invalid or unenforceable, such invalidity or 
unenforceability shall not invalidate or render unenforceable the entire Adopting Order or Consent Decree, 
but rather the entire Adopting Order or Consent Decree shall be construed as if not containing the 
particular invalid or unenforceable provision or provisions, and the rights and obligations of the Parties 
shall be construed and enforced accordingly.  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
22. Subsequent Rule or Order.  The Parties agree that if any provision of this 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 neither John David nor any Company 
expressly consents), that provision shall be suspended by such Commission Rule or order.   
23. Successors and Assigns.  John David and each Company agree that the provisions of this 
Consent Decree shall be binding on them, and their successors, assigns, and transferees.
24. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  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 non-compliance with the Communications Laws.
25. Modifications.  This Consent Decree cannot be modified or amended without the advance 
written consent of both Parties.
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26. 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.
27. Authorized Representative.  John David represents and agrees that he is signing this Consent 
Decree in his personal capacity and on behalf of each Company, and warrants that he is authorized by such
to execute this Consent Decree and to bind each Company to the obligations this Consent Decree imposes 
on it.  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.
28. 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.
For:  Federal Communications Commission
_________________________________________
P. Michele Ellison 
Chief, Enforcement Bureau
__________________________________________
Date
For:  Fiducia, Inc., d/b/a “America’s Toner”; “Toner Dome”; TDI, Inc.
__________________________________________
__________________________________________
Date
For:  John David, individually
__________________________________________
__________________________________________
Date