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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Visiplex, Inc. Licensee of Stations WPJU326 and WQBF524
   and Visiplex Technologies, Inc. Former Licensee of Stations WPJU326 and
   WQBF524 ) ) ) ) ) ) ) ) ) ) ) ) File No.: EB-06-SE-181 NAL/Acct. No.:
   200932100019 FRNs: 0017200742; 0009865411




                                     ORDER

   Adopted: April 12, 2013 Released: April 12, 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), Visiplex, Inc. (Visiplex), and Visiplex
       Technologies, Inc. (Visiplex Technologies). The Consent Decree
       resolves and terminates the Bureau's investigation into possible
       violations of Section 301 of the Communications Act of 1934, as
       amended (Act)^ and Section 1.903(a) of the Commission's rules (Rules)^
       regarding the operation of wireless synchronized clock systems under
       stations WPJU326 and WQBF524.

    2. The Bureau, Visiplex, and Visiplex Technologies 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 Visiplex and Visiplex Technologies
       possess 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 Act,^ and Sections 0.111 and 0.311 of the Rules,^ the
       Consent Decree attached to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Mr. Ben Agam, General Manager, Visiplex, Inc., 100 N.
       Fairway Drive, Suite 120, Vernon Hills, IL 60061, Mr. Sam Agam,
       President, Visiplex Technologies, Inc., 111 Deer Lake Road, Suite 120,
       Deerfield, IL 60015, and to Michael Lauzon, Esq., Law Offices of
       Michael Lauzon, Esq., Counsel for Visiplex, Inc. and Visiplex
       Technologies, Inc., 645 S. Hough Street, Barrington, IL 60010.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Visiplex, Inc. Licensee of Stations WPJU326 and WQBF524
   and Visiplex Technologies, Inc. Former Licensee of Stations WPJU326 and
   WQBF524 ) ) ) ) ) ) ) ) ) ) ) ) File No.: EB-06-SE-181 NAL/Acct. No.:
   200932100019 FRNs: 0017200742; 0009865411




                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission, Visiplex,
   Inc., licensee of Industrial/Business Pool Private Land Mobile Radio
   Service stations WPJU326 and WQBF524, and Visiplex Technologies, Inc.,
   former licensee of stations WPJU326 and WQBF524,^ by their authorized
   representatives, hereby enter into this Consent Decree for the purpose of
   terminating the Enforcement Bureau's investigation into possible
   violations of Section 301 of the Communications Act of 1934, as amended,^
   and Section 1.903(a) of the Commission's rules^ regarding the operation of
   wireless synchronized clock systems under stations WPJU326 and WQBF524.

   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 the Companies are subject by virtue of their business
       activities, including but not limited to, the Licensing Rules.

    f. "Companies" means, collectively, Visiplex, Inc. and Visiplex
       Technologies.

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

    h. "Covered Employees" means all employees and agents of the Companies
       who perform duties, or supervise, oversee, or manage the performance
       of duties, relating to the Companies' responsibilities under the
       Licensing Rules.

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

    j. "Investigation" means the investigation commenced by the Bureau's
       August 15, 2007, letter of inquiry^ regarding whether Visiplex
       Technologies operated wireless synchronized clock systems in a manner
       inconsistent with the terms of the Licenses, which culminated in the
       issuance of the NAL&O.

    k. "Licenses" means the Commission-issued licenses for stations WPJU326
       and WBQF524, collectively.

    l. "Licensing Rules" means Section 301 of the Act, Sections 1.903(a) and
       90.35 of the Rules,^ and other Communications Laws governing the use
       or operation of Private Land Mobile Radio Service stations.

    m. "NAL&O" means the Notice of Apparent Liability for Forfeiture and
       Order issued by the Bureau to Visiplex, Inc. on January 2, 2009.^

    n. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by the Companies to
       implement the Compliance Plan.

    o. "Parties" means Visiplex, Inc., Visiplex Technologies, and the Bureau,
       each of which is a "Party."

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

    q. "Visiplex, Inc." means Visiplex, Inc. and its predecessors-in-interest
       and successors-in-interest.

    r. "Visiplex Technologies" means Visiplex Technologies, Inc. and its
       predecessors-in-interest and successors-in-interest.

   II. BACKGROUND

    2. Pursuant to Section 301 of the Act and Section 1.903(a) of the Rules,
       the use or operation of any apparatus for the transmission of energy
       or communications or signals by a wireless radio station is prohibited
       except under, and in accordance with, a Commission-granted
       authorization.^ Section 90.35(c) of the Rules sets forth the specific
       limitations applicable to Industrial/Business Pool Private Land Mobile
       Radio Service authorizations based on the assigned frequency.^

    3. On August 15, 2007, the Bureau issued a letter of inquiry to Visiplex
       Technologies, directing Visiplex Technologies to submit a sworn
       written response to a series of questions relating to its operation of
       wireless synchronized clock systems under the Licenses.^ Visiplex
       Technologies responded to the August 2007 LOI on September 14, 2007.^
       On February 25, 2008, the Bureau issued a second letter of inquiry to
       Visiplex Technologies.^ Visiplex Technologies responded to the
       February 2008 LOI on March 18, 2008.^ On March 13, 2008, the
       Commission granted its consent to the assignment of the license of
       station WPJU326 from Visiplex Technologies to Visiplex, Inc., and on
       April 15, 2008, the Commission granted its consent to the assignment
       of the license of station WQBF524 from Visiplex Technologies to
       Visiplex, Inc.^ The conduct giving rise to the investigation
       apparently took place prior to the assignment of the Licenses from
       Visiplex Technologies to Visiplex, Inc.

    4. On January 2, 2009, the Bureau issued the NAL&O to Visiplex, Inc.^ In
       the NAL&O, the Bureau found that the Companies apparently willfully
       and repeatedly violated Section 301 of the Act^ and Section 1.903(a)
       of the Rules^ by operating stations WPJU326 and WQBF524 in a manner
       inconsistent with the terms of the authorizations.^ On January 27,
       2009, Visiplex, Inc. and Visiplex Technologies filed separate
       responses to the NAL&O, asserting among other things, that the
       Companies are separate and distinct legal entities.^ The Parties
       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. The Companies 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.

    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, the Companies 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 the 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 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 the 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 the
       Companies with respect to their basic qualifications, including their
       character qualifications, to be Commission licensees or to hold
       Commission licenses or authorizations.

    9. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, Visiplex, Inc. 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 Compliance Officer shall be responsible for developing,
       implementing, and administering the Compliance Plan and ensuring that
       Visiplex, Inc. 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 Licensing Rules prior to assuming his/her
       duties.

   10. Compliance Plan. For purposes of settling the matters set forth
       herein, Visiplex, Inc. agrees that within sixty (60) calendar days
       after the Effective Date, it shall develop and implement a Compliance
       Plan designed to ensure future compliance with the Communications Laws
       and with the terms and conditions of this Consent Decree. With respect
       to the Licensing Rules, Visiplex, Inc. shall implement the following
       procedures:

     a. Operating Procedures on Licensing Rules. Within sixty (60) calendar
        days after the Effective Date, Visiplex, Inc. shall establish
        Operating Procedures that all Covered Employees must follow to help
        ensure Visiplex, Inc.'s compliance with the Licensing Rules.
        Visiplex, Inc.'s Operating Procedures shall include internal
        procedures and policies specifically designed to ensure that
        Visiplex, Inc.'s operations under its FCC authorizations, including
        the Licenses, are consistent with the terms of its authorizations,
        including the limitations set forth in Section 90.35(c) of the
        Rules.^

     b. Compliance Manual. Within sixty (60) calendar days after the
        Effective Date, the Compliance Officer shall develop and distribute a
        Compliance Manual to all Covered Employees. The Compliance Manual
        shall explain the Licensing Rules and set forth the Operating
        Procedures that Covered Employees shall follow to help ensure
        Visiplex Inc.'s compliance with the Licensing Rules. Visiplex, Inc.
        shall periodically review and revise the Compliance Manual as
        necessary to ensure that the information set forth therein remains
        current and complete. Visiplex, Inc. shall distribute any revisions
        to the Compliance Manual promptly to all Covered Employees.

     c. Compliance Training Program. Visiplex, Inc. shall establish and
        implement a Compliance Training Program on compliance with the
        Licensing Rules and the Operating Procedures. As part of the
        Compliance Training Program, Covered Employees shall be advised of
        Visiplex, Inc.'s obligation to report any noncompliance with the
        Licensing Rules under paragraph 11 of this Consent Decree and shall
        be instructed on how to disclose noncompliance to the Compliance
        Officer. All Covered Employees shall be trained pursuant to the
        Compliance Training Program within sixty (60) calendar days after the
        Effective Date,  except that any person who becomes a Covered
        Employee at any time after the Effective Date shall be trained within
        thirty (30) calendar days after the date such person becomes a
        Covered Employee. Visiplex, Inc. 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.

   11. Reporting Noncompliance. Visiplex, Inc. shall report any noncompliance
       with the Licensing Rules and with the terms and conditions of this
       Consent Decree within fifteen (15) calendar days after the discovery
       of such noncompliance. Such reports shall include a detailed
       explanation of (i) each instance of noncompliance; (ii) the steps that
       Visiplex, Inc. has taken or will take to remedy such noncompliance;
       (iii) the schedule on which such remedial actions will be taken; and
       (iv) the steps that Visiplex, Inc. has taken or will take to prevent
       the recurrence of any such noncompliance. All such reports of
       noncompliance shall be submitted to the Chief, Spectrum Enforcement
       Division, Enforcement Bureau, Federal Communications Commission, 445
       12th Street, S.W., Room 3-C366, Washington, DC 20554, with a copy
       submitted electronically to Nissa Laughner at Nissa.Laughner@fcc.gov
       and to Daudeline Meme at Daudeline.Meme@fcc.gov.

   12. Compliance Reports. Visiplex, Inc. shall file Compliance Reports with
       the Commission ninety (90) calendar days after the Effective Date,
       twelve (12) months after the Effective Date, and twenty-four (24)
       months after the Effective Date.

    a. Each Compliance Report shall include a detailed description of
       Visiplex, Inc.'s efforts during the relevant period to comply with the
       terms and conditions of this Consent Decree and the Licensing Rules.
       In addition, each Compliance Report shall include a certification by
       the Compliance Officer, as an agent of and on behalf of Visiplex,
       Inc., stating that the Compliance Officer has personal knowledge that
       Visiplex, Inc. (i) has established and implemented the Compliance
       Plan; (ii) has utilized the Operating Procedures since the
       implementation of the Compliance Plan; and (iii) is not aware of any
       instances of noncompliance with the terms and conditions of this
       Consent Decree, including the reporting obligations set forth in
       paragraph 11 hereof.

    b. The Compliance Officer's certification shall be accompanied by a
       statement explaining the basis for such certification and must comply
       with Section 1.16 of the Rules^ and be subscribed to as true under
       penalty of perjury in substantially the form set forth therein.

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

    d. All Compliance Reports shall be submitted to the Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Room 3-C366, Washington, DC 20554,
       with a copy submitted electronically to Nissa Laughner at
       Nissa.Laughner@fcc.gov and to Daudeline Meme at
       Daudeline.Meme@fcc.gov.

   13. Termination Date. Unless stated otherwise, the requirements of
       paragraphs 9 through 12 of this Consent Decree shall expire
       twenty-four (24) months after the Effective Date.

   14. Voluntary Contribution. The Companies agree to make a single voluntary
       contribution to the United States Treasury in the amount of four
       thousand dollars ($4,000) (Voluntary Contribution) within thirty (30)
       calendar days after the Effective Date. The Companies are jointly and
       severally liable for the payment of the Voluntary Contribution. The
       Companies shall send electronic notification of payment to Nissa
       Laughner at Nissa.Laughner@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.

   15. Waivers. The Companies 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 an Adopting Order
       as defined herein. The Companies shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If any Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither the Companies nor the Commission shall contest
       the validity of the Consent Decree or of the Adopting Order, and the
       Companies shall waive any statutory right to a trial de novo. The
       Companies hereby agree to waive any claims they might have under the
       Equal Access to Justice Act^ relating to the matters addressed in this
       Consent Decree.

   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 the Companies do not expressly
       consent), that provision will be superseded by such Rule or Commission
       order.

   18. Successors and Assigns. The Companies agree 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 Investigation. The Parties further agree that this
       Consent Decree does not constitute 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 the 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 Visiplex, Inc. represents and warrants that he is
       authorized by Visiplex, Inc. to execute this Consent Decree and to
       bind Visiplex, Inc. to the obligations set forth herein. The
       individual signing this Consent Decree on behalf of Visiplex
       Technologies represents and warrants that he is authorized by Visiplex
       Technologies to execute this Consent Decree and to bind Visiplex
       Technologies 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.

   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.

   ____________________________

   John D. Poutasse

   Chief

   Spectrum Enforcement Division

   Enforcement Bureau

   ____________________________

   Date

   ________________________________

   Sam Agam

   President

   Visiplex Technologies, Inc.

   ____________________________

   Date

   ________________________________

   Ben Agam

   General Manager

   Visiplex, Inc.

   ____________________________

   Date

   ^ 47 U.S.C. S 301.

   ^ 47 C.F.R. S 1.903(a).

   ^ 47 U.S.C. SS 154(i), 154(j), 503(b).

   ^ 47 C.F.R. SS 0.111, 0.311.

   ^ Visiplex Technologies, Inc. assigned the licenses of stations WPJU326
   and WQBF524 to Visiplex, Inc. on March 13, 2008, and April 15, 2008,
   respectively. See File Nos. 0003358356; 0003381924.

   ^ 47 U.S.C. S 301.

   ^ 47 C.F.R. S 1.903(a).

   ^ See Letter from Ricardo Durham, Senior Deputy Chief, Spectrum
   Enforcement Division, FCC Enforcement Bureau, to Sam Agam, President,
   Visiplex Technologies, Inc. (Aug. 15, 2007) (on file in EB-06-SE-181)
   (August 2007 LOI).

   ^ 47 U.S.C. S 301; 47 C.F.R. SS 1.903(a), 90.35.

   ^ Visiplex, Inc., Notice of Apparent Liability for Forfeiture and Order,
   24 FCC Rcd 1 (Enf. Bur. 2009).

   ^ 47 U.S.C. S 301; 47 C.F.R. S 1.903(a).

   ^ 47 C.F.R. S 90.35(c).

   ^ See August 2007 LOI.

   ^ See Letter from David S. Grosky, Vice President of Legal Affairs,
   Visiplex Technologies, Inc., to Ricardo Durham, Senior Deputy Chief,
   Spectrum Enforcement Division, FCC Enforcement Bureau (Sept. 14, 2007) (on
   file in EB-06-SE-181).

   ^ See Letter from Ricardo Durham, Senior Deputy Chief, Spectrum
   Enforcement Division, FCC Enforcement Bureau, to Sam Agam, President,
   Visiplex Technologies, Inc. (Feb. 25, 2008) (on file in EB-06-SE-181)
   (February 2008 LOI).

   ^ See Letter from David S. Grosky, V.P. of Legal Affairs, Visiplex
   Technologies, Inc., to Ricardo Durham, Senior Deputy Chief, Spectrum
   Enforcement Division, FCC Enforcement Bureau (Mar. 18, 2008) (on file in
   EB-06-SE-181).

   ^ See File Nos. 0003358356; 0003381924.

   ^ See NAL&O, 24 FCC Rcd 1.

   ^ 47 U.S.C. S 301.

   ^ 47 C.F.R. S 1.903(a).

   ^ See NAL&O, 24 FCC Rcd at 2-3, para. 5.

   ^ See Visiplex, Inc.'s Statement in Response to the FCC's Notice of
   Apparent Liability for Forfeiture and Order Released January 2, 2009 at 1
   (Jan. 27, 2009) (on file in EB-06-SE-181); Visiplex Technologies, Inc.'s
   Statement in Response to the FCC's Notice of Apparent Liability for
   Forfeiture and Order Released January 2, 2009 at 2 (Jan. 27, 2009) (on
   file in EB-06-SE-181).

   ^ See Tolling Agreement, File No. EB-06-SE-181, executed by and between
   John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement
   Bureau, and Michael Lauzon, Esq., Counsel for Visiplex Technologies, Inc.
   and Visiplex, Inc. (Jan. 15, 2013).

   ^ If at any time during the term of this Consent Decree, Visiplex
   Technologies acquires or otherwise obtains any wireless FCC
   authorizations, including the Licenses, Visiplex Technologies shall become
   subject to the terms and conditions of paragraphs 9 through 13 of this
   Consent Decree. In such event, Visiplex Technologies agrees that it shall
   designate a Compliance Officer in accordance with paragraph 9, and
   implement the Compliance Plan described in paragraph 10 prior to acquiring
   or otherwise obtaining such wireless FCC authorizations.

   ^ 47 C.F.R. S 90.35(c).

   ^ Id. 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.

   (continued from previous page)

   (continued . . . )

   Federal Communications Commission DA 13-373

   5

   Federal Communications Commission DA 13-373