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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of NewCom International, Inc. Licensee of Fixed Earth
   Stations E040267 and E050018 Miami, FL ) ) ) ) ) ) ) ) File No.:
   EB-11-MA-0052 Acct. No.: 201332600004 FRN: 0010802528




                                     ORDER

   Adopted: April 17, 2013 Released: April 17, 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 NewCom International, Inc. (NewCom). The
   Consent Decree terminates the Bureau's investigation into whether NewCom
   violated Section 301 of the Communications Act of 1934, as amended (Act),^
   and Section 25.102(a) of the Commission's rules (Rules)^ by operating a
   fixed earth station to communicate with a space station without Commission
   authority.

   2. The Bureau and NewCom have negotiated the terms of a 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. Based solely on the record developed to date in this investigation and
   in the absence of material new evidence relating to this matter, we
   conclude that the investigation described in the Consent Decree raises no
   substantial or material questions of fact as to whether NewCom 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 Communications Act of 1934, as amended,^ and Sections 0.111, 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 NewCom International, Inc., 15590 NW 15th Avenue, Miami, FL
   33169, and to its attorney, Frank G. Lamancusa, Bingham McCutchen LLP,
   2020 K Street NW, Washington, DC 20006-1806.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of NewCom International, Inc. Licensee of Fixed Earth
   Stations E040267 and E050018 Miami, FL ) ) ) ) ) ) ) ) File No.:
   EB-11-MA-0052 Acct. No.: 201332600004 FRN: 0010802528




                                 CONSENT DECREE

    1. The Enforcement Bureau of the Federal Communications Commission and
       NewCom International, Inc., by their authorized representatives,
       hereby enter into this Consent Decree for the purpose of terminating
       the Bureau's investigation into whether NewCom International, Inc.
       violated Section 301 of the Communications Act of 1934, as amended,
       and Section 25.102(a) of the Commission's rules,^ ^ by communicating
       with a space station without Commission authority.

   I. DEFINITIONS

    2. 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 NewCom is subject by virtue of its business activities,
        including but not limited to, the fixed earth station requirements
        contained in Part 25 of the Rules.

     f. "Compliance Plan" means the compliance obligations, programs, and
        procedures described in this Consent Decree at paragraph 9.

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

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

     i. "Investigation" means the investigation initiated by the Bureau on
        March 23, 2010 into possible violations of Section 301 of the Act and
        Section 25.102(a) of the Rules regarding NewCom's operation of a
        fixed earth station to communicate with the Russian
        Federation-licensed Intersputnik Express AM44 space station without
        Commission authorization.

     j. "Licensing Rules" means Section 301 of the Act and Section 25.102(a)
        of the Rules, and other Communications Laws that prohibit the use or
        operation of a space or earth station without a valid Commission
        authorization or in a manner inconsistent with such authorization.

     k. "NewCom" means NewCom International, Inc. and its
        predecessors-in-interest and successors-in-interest.

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

     m. "Parties" means NewCom and the Bureau, and each of which is a
        "Party."

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

     o. "STA" means the Special Temporary Authority granted by the
        Commission's International Bureau to NewCom to operate a fixed earth
        station consistent with Part 25 of the Rules.

   II. BACKGROUND

    3. Section 301 of the Act and Section 25.102(a) of the Rules prohibit the
       use or operation of any apparatus for the transmission of energy or
       communications or signals by space or earth stations except under and
       in accordance with an appropriate authorization granted by the
       Commission.^ NewCom admits that it began communications with the
       Express AM44 space station without Commission authorization on May 19,
       2009, despite knowing at that time that Express AM44 was not expressly
       permitted to serve the U.S. market.^ NewCom did not notify Commission
       staff regarding its transmissions to the Express AM44 space station
       until July 9, 2009, and did not file an initial STA application to
       transmit to the Express AM44 space station until October 30, 2009.
       Moreover, NewCom continued to communicate with the Express AM44 space
       station without authorization until its amended STA, filed on June 29,
       2012, was granted on September 24, 2012.^ Subsequently, Newcom and the
       Bureau entered into settlement discussions.

   III. TERMS OF AGREEMENT

    4. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    5. Jurisdiction. NewCom  agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and that the Bureau
       has the authority to enter into and adopt this Consent Decree.

    6. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date as defined herein. As of
       the Effective Date, the Adopting Order and this Consent Decree shall
       have the same force and effect as any other order of the 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.

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

    8.  Compliance Officer.  Within thirty (30) calendar days after the
       Effective Date, NewCom 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 NewCom 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.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein,  NewCom 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. With respect to
       the Licensing Rules, NewCom shall implement the following procedures:

     a. Operating Procedures on Licensing Rules. Within sixty (60) calendar
        days after the Effective Date, NewCom shall establish Operating
        Procedures that all Covered Employees must follow to help ensure
        NewCom's compliance with the Licensing Rules. NewCom's Operating
        Procedures shall include internal procedures and policies
        specifically designed to ensure that NewCom obtains any required
        Commission authorizations prior to commencing operations on any
        frequencies and that NewCom's operations on such frequencies are
        consistent with such Commission authorizations.

     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
        NewCom's compliance with the Licensing Rules. NewCom shall
        periodically review and revise the Compliance Manual as necessary to
        ensure that the information set forth therein remains current and
        complete. NewCom shall distribute any revisions to the Compliance
        Manual promptly to all Covered Employees.

     c. Compliance Training Program. NewCom 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 NewCom's obligation to
        report any noncompliance with the Licensing Rules under paragraph 10
        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. NewCom 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.

   10. Reporting Noncompliance.  NewCom shall report any noncompliance with
       the Licensing Rules and with the terms and conditions of this Consent
       Decree within fifteen (15) calendar days after discovery of such
       noncompliance.  Such reports shall include a detailed explanation of
       (i) each instance of noncompliance; (ii) the steps that NewCom 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
       NewCom has taken or will take to prevent the recurrence of any such
       noncompliance.  All reports of noncompliance shall be submitted to the
       Regional Counsel, South Central Region, Enforcement Bureau, Federal
       Communications Commission, Atlanta Office, 3575 Koger Blvd. Suite 320,
       Duluth, GA 30096, with a copy submitted electronically to
       [1]SCR-Response@fcc.gov. The obligations set forth in this paragraph
       10 shall expire twenty-four (24) months after the Effective Date.

   11. Compliance Reports.  NewCom 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
        NewCom'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 NewCom, stating
        that the Compliance Officer has personal knowledge that NewCom (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 ofany instances of
        noncompliance with the terms and conditions of this Consent Decree,
        including the reporting obligations set forth in paragraph 10 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 NewCom, 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 NewCom 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 NewCom 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 Regional Counsel,
        South Central Region, Enforcement Bureau, Federal Communications
        Commission, Atlanta Office, 3575 Koger Blvd. Suite 320, Duluth, GA
        30096, with a copy submitted electronically to
        [2]SCR-Response@fcc.gov.

   12. Termination Date. Unless stated otherwise, the obligations set forth
       in paragraphs 8 through 11 of this Consent Decree shall expire
       twenty-four (24) months after the Effective Date.

   13. Complaints; Subsequent Investigations.  Nothing in this Consent Decree
       shall prevent the Commission or its delegated authority from
       adjudicating complaints against NewCom for alleged violations of the
       Act, or for any other type of alleged misconduct, regardless of when
       such misconduct took place. The Commission's adjudication of any such
       complaints will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by NewCom with the Communications Laws.

   14. Voluntary Contribution. NewCom agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of twenty
       five thousand dollars ($25,000) (Voluntary Contribution), such
       Voluntary Contribution to be made in installments (each an Installment
       Payment).  The first Installment Payment in the amount of three
       thousand dollars ($3,000.00) is due within thirty (30) calendar days
       of the Effective Date.  The balance of the Voluntary Contribution will
       be made in eleven consecutive monthly payments of two thousand dollars
       ($2,000.00) payable on the first day of each month beginning with the
       second month following the Effective Date.  The final payment is due
       on the first day of twelfth month following the Effective Date
       (Maturity Date).  NewCom acknowledges and agrees that upon execution
       of this Consent Decree, the Voluntary Contribution and each
       Installment Payment shall become a "Claim " or "Debt" as defined in 31
       U.S.C. S 3701(b)(1).  Upon an Event of Default (as defined below), all
       procedures for collection as permitted by law may, at the Commission's
       discretion, be initiated.  In addition, NewCom agrees that it will
       make the first and all subsequent Installment Payments in United
       States Dollars without further demand or notice by the dates specified
       above.  NewCom shall also send electronic notification of each payment
       to [3]SCR-Response@fcc.gov on the dates said payments are made. The
       payments must be made by check or similar instrument, wire transfer,
       or credit card, and must include the 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 the 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 the 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, [4]ARINQUIRIES@fcc.gov.

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

   16. Interest, Charges for Collection, and Acceleration of Maturity Date.
       After an Event of Default has occurred under this Consent Decree, the
       then unpaid amount of the Voluntary Contribution shall accrue
       interest, computed using the U.S. Prime Rate in effect on the date of
       the Event of Default plus 4.75 percent, from the date of the Event of
       Default until payment in full. Upon an Event of Default, the then
       unpaid amount of the Voluntary Contribution, together with interest,
       as aforesaid, any penalties permitted and/or required by the law,
       including but not limited to 31 U.S.C. S 3717 and administrative
       charge(s), plus the costs of collection, litigation, and attorneys'
       fees, shall become immediately due and payable, without notice,
       presentment, demand, protest, or notice of protest of any kind, all of
       which are waived by NewCom.

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

   18. 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.

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

   20. Admission of Liability. Notwithstanding any of NewCom's prior
       submissions in this proceeding, NewCom admits, for Commission civil
       enforcement purposes and in express reliance on the provisions of
       Paragraph 7 herein, that its communications with the Express AM44
       space station prior to September 24, 2012 violated Section 301 of the
       Communications Act and Section 25.102(a) of the Rules.

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

   22. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties.

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

   24. 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.

   25. Authorized Representative. The individual signing this Consent Decree
       on behalf of NewCom represents and warrants that he is fully
       authorized by NewCom to execute this Consent Decree and to bind NewCom
       to the obligations set forth herein. The FCC signatory represents that
       she is signing this Consent Decree in her official capacity and that
       she is authorized to execute this Consent Decree.

   26. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ______________________________ P. Michele Ellison Chief, Enforcement
   Bureau ________________________________ Date
   ________________________________ Jaime Dickinson President and Chief
   Operating Officer NewCom International, Inc.
   ________________________________ Date




   ^ 47 U.S.C. S 301.

   ^ 47 C.F.R. S 25.102(a).

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

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

   ^ 47 U.S.C. S 301; 47 C.F.R. S25.102(a).

   ^ 47 U.S.C. S 301, 47 C.F.R. S 25.102(a).

   ^ Letter from Frank G. Lamancusa, Attorney for NewCom International, Inc.,
   to Steven DeSena, Resident Agent, Miami Office, South Central Region,
   Enforcement Bureau at 5 (July 1, 2011) (on file in EB-11-MA-0052).

   ^ Satellite Communications Services Information, Report No. SES-01488,
   Public Notice, 2012 WL 4458775, at *12 (IB Sept. 26, 2012).

   ^ 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.

   Federal Communications Commission  DA 13-610

   8

   Federal Communications Commission DA 13-610

References

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