Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Wal-Mart.com USA, LLC, a wholly-owned subsidiary of
Wal-Mart Stores, Inc. ) ) ) ) ) ) ) File No.: EB-SED-13-00009167 NAL/Acct.
No.: 201432100014 FRN: 0023472772
ORDER
Adopted: March 31, 2014 Released: March 31, 2014
By the Deputy Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) has settled its investigation into whether
Wal-Mart.com USA, LLC (Wal-Mart.com USA) complied with the
Commission's rules pertaining to the marketing of certain wireless
microphones. Under these rules, retailers must ensure that wireless
microphones are properly authorized and include at the point of sale a
consumer alert notifying consumers of specific conditions and
restrictions applicable to the operation of such devices. In response
to the Commission's investigation, Wal-Mart.com USA acknowledged that
it had not previously included on its website the required consumer
alert and that a supplier had not obtained an equipment authorization
for one wireless microphone model until after it was offered for sale.
The company agreed to implement a robust three-year plan to ensure
future compliance with these requirements.
2. In this Order, we adopt the attached Consent Decree entered into
between the Bureau Wal-Mart.com USA. The Consent Decree resolves and
terminates the Bureau's investigation into Wal-Mart.com USA's
compliance with Section 302(b) of the Communications Act of 1934, as
amended (Act),^ and Sections 2.803, 15.201(b), and 15.216 of the
Commission's rules (Rules)^ pertaining to the marketing of certain
wireless microphone models.
3. The Bureau and Wal-Mart.com USA have negotiated the Consent Decree
that resolves this matter. A copy of the Consent Decree is attached
hereto and incorporated herein by reference.
4. 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.
5. 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 Wal-Mart.com USA possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
6. 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.
7. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
8. 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 Kelly A. Thompson, Senior Vice President, Wal-Mart.com
USA, LLC, 850 Cherry Ave., San Bruno, CA 94066, and to Gregory E.
Kunkle, Esq., Keller and Heckman LLP, Counsel to Wal-Mart.com USA,
LLC, 1001 G Street, N.W., Suite 500 West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
David B. Kolker
Deputy Bureau Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Wal-Mart.com USA, LLC, a wholly-owned subsidiary of
Wal-Mart Stores, Inc. ) ) ) ) ) ) ) File No.: EB-SED-13-00009167 NAL/Acct.
No.: 201432100014 FRN: 0023472772
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Wal-Mart.com USA, LLC,^ 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 302(b) of the
Communications Act of 1934, as amended,^ and Sections 2.803, 15.201(b),
and 15.216 of the Commission's rules^ pertaining to the marketing of
certain wireless microphone models.
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 Wal-Mart.com USA is subject by virtue of its business
activities, including but not limited to, the Equipment Marketing
Rules.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
g. "Covered Employees" means all employees and agents of Wal-Mart.com USA
who perform, or supervise, oversee, or manage the performance of
duties that relate to Wal-Mart.com USA's responsibilities under the
Equipment Marketing Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "Equipment Marketing Rules" means Section 302(b) of the Act;^ Sections
2.803, 15.201(b), and 15.216 of the Rules;^ and other Communications
Laws governing the marketing of radio frequency devices within the
United States and its territories.
j. "Investigation" means the investigation commenced by the Bureau's
November 5, 2010, letter of inquiry^ regarding whether Wal-Mart.com
USA's marketing of certain wireless microphones on Wal-Mart Store's
online retail website, walmart.com, complies with the Equipment
Marketing Rules.
k. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Wal-Mart.com USA to
implement the Compliance Plan.
l. "Parties" means Wal-Mart.com USA and the Bureau, each of which is a
"Party."
m. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
n. "Wal-Mart.com USA" means Wal-Mart.com USA, LLC, a wholly-owned
subsidiary of Wal-Mart Stores, Inc., its predecessors-in-interest and
successors-in-interest.
II. BACKGROUND
2. Pursuant to Section 302(b) of the Act^ and Section 2.803(b) of the
Rules,^ radio frequency devices may not be marketed in the United
States unless such devices comply with the applicable technical and
administrative provisions of the Rules. Section 2.803(a) of the Rules
defines "marketing" as the "sale or lease, or offering for sale or
lease, including advertising for sale or lease, or importation,
shipment, or distribution for the purpose of selling or leasing or
offering for sale or lease."^ Pursuant to Section 15.201 of the
Rules,^ intentional radiators,^ such as wireless microphones, must be
authorized in accordance with the Commission's certification
procedures described in Sections 2.1031-2.1060 of the Rules prior to
the initiation of marketing in the United States.^
3. As part of the Commission's efforts to clear the 700 MHz band for use
by public safety and commercial licensees, the Commission prohibited
the manufacture, importation, sale, lease, offer for sale or lease, or
shipment of wireless microphones and other low power auxiliary
stations^ intended for use in the 700 MHz band in the United States.^
In light of this prohibition, the Commission required that a consumer
alert be displayed at the point of sale or lease of low power
auxiliary stations, including wireless microphones, capable of
operating in the core TV bands to ensure that users operate those
devices in compliance with the Commission's rules and policies.^
Specifically, Section 15.216(a)(1) of the Rules states that any person
who manufacturers, sells, or offers for sale or lease wireless
microphones and other low power auxiliary stations capable of
operating in the core TV bands must display "in a clear, conspicuous,
and readily legible manner" the following consumer alert (Consumer
Alert) at the point of sale or lease of each such device.^
Consumer Alert Most users do not need a license to operate this wireless
microphone system. Nevertheless, operating this microphone system without
a license is subject to certain restrictions: The system may not cause
harmful interference; it must operate at a low power level (not in excess
of 50 milliwatts); and it has no protection from interference received
from any other device. Purchasers should also be aware that the FCC is
currently evaluating use of wireless microphone systems, and these rules
are subject to change. For more information, call the FCC at
1-888-CALL-FCC (TTY: 1-888-TELL-FCC) or visit the FCC's wireless
microphone Web site at http://www.fcc.gov/cgb/wirelessmicrophones.
For wireless microphones that are offered for sale or lease online or via
direct mail or catalog, the Consumer Alert "must be prominently displayed
in close proximity to the images and descriptions of each wireless
microphone."^
4. On November 5, 2010, the Bureau's Spectrum Enforcement Division
(Division) issued a letter of inquiry (LOI) to Wal-Mart Stores,
directing Wal-Mart Stores to submit a sworn written response to a
series of questions relating to its marketing of wireless
microphones.^ Wal-Mart Stores responded to the LOI on December 20,
2010.^ In the LOI Response, Wal-Mart Stores stated that it does not
market wireless microphones in its retail stores and that such devices
are marketed exclusively on Wal-Mart.com USA's online website,
www.walmart.com.^ The LOI Response further indicated that Wal-Mart.com
USA requires wholesalers and distributors that supply wireless
microphones that are marketed on www.walmart.com to comply with all
applicable FCC requirements.^ According to the LOI Response,
Wal-Mart.com USA did not post the Consumer Alert on www.walmart.com in
connection with the marketing of wireless microphones until November
17, 2010,^ after its receipt of the LOI. In response to a subsequent
inquiry from the Division, Wal-Mart.com USA reported that the supplier
of one of the wireless microphone models offered on www.walmart.com
had not secured an equipment authorization for the device until after
the device was offered for sale.^ The Bureau and Wal-Mart.com USA
executed tolling agreements to toll the statute of limitations,^ and
subsequently agreed to negotiate a settlement.
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. Wal-Mart.com USA agrees that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and that the
Bureau has the authority to enter into and adopt this Consent Decree.
7. Effective Date; Violations. The Parties agree that this Consent
Decree shall become effective on the Effective Date as defined herein.
As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and
remedies attendant to the enforcement of a Commission order.
8. Termination of Investigation. In express reliance on the covenants
and representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the
Investigation, Wal-Mart.com USA 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 Wal-Mart.com USA concerning the matters that were the
subject of the Investigation. The Bureau also agrees that in the
absence of new material evidence it will not use the facts developed
in this Investigation through the Effective Date, or the existence of
this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or take any action on its own motion against
Wal-Mart.com USA with respect to Wal-Mart.com USA's basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Wal-Mart.com USA 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 Wal-Mart.com USA complies with the
terms and conditions of the Compliance Plan and this Consent Decree.
In addition to 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 Equipment Marketing Rules
prior to assuming his/her duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, Wal-Mart.com USA agrees that it shall develop and implement,
as set forth in this paragraph, 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 Equipment
Marketing Rules, Wal-Mart.com USA shall implement the following
procedures:
a. Operating Procedures on Equipment Marketing. Within sixty (60)
calendar days after the Effective Date, Wal-Mart.com USA shall
establish Operating Procedures that all Covered Employees must follow
to help ensure Wal-Mart.com USA's compliance with the Equipment
Marketing Rules. Wal-Mart.com USA's Operating Procedures shall
include internal procedures and policies specifically designed to
ensure that (i) prior to the initiation of marketing (as such term is
defined in Section 2.803(a) of the Rules^), all wireless microphones
and other radio frequency devices to be marketed by Wal-Mart.com USA
comply with applicable technical standards, have been properly
authorized (via the certification, verification, or declaration of
conformity procedures, as applicable), and comply with the applicable
administrative requirements relating to equipment labeling and
consumer disclosure; and (ii) Wal-Mart.com USA displays at the point
of sale of all low power auxiliary stations capable of operating in
the core TV bands, including wireless microphones, the Consumer Alert
required by Section 15.216 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 Equipment Marketing Rules, including the
obligations to secure an equipment authorization from the FCC prior
to marketing wireless microphones and other radio frequency devices
in the United States, and to display at the point of sale of all low
power auxiliary stations capable of operating in the core TV bands,
including wireless microphones, the Consumer Alert required by
Section 15.216 of the Rules,^ and shall set forth the Operating
Procedures that Covered Employees shall follow to help ensure
Wal-Mart.com USA's compliance with the Equipment Marketing Rules.
Wal-Mart.com USA shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. Wal-Mart.com USA shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. Within sixty (60) calendar days after
the Effective Date, Wal-Mart.com USA will begin administering a
Compliance Training Program for Covered Employees regarding
compliance with the Equipment Marketing Rules and the Operating
Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of Wal-Mart.com USA's obligation to report
any noncompliance with the Equipment Marketing 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 ninety
(90) 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 forty-five (45) calendar days after the date
such person becomes a Covered Employee. Wal-Mart.com USA 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. Wal-Mart.com USA shall report any
noncompliance with the Equipment Marketing 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 Wal-Mart.com USA 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 Wal-Mart.com USA has taken or will
take to prevent the recurrence of any such noncompliance. All reports
of noncompliance shall be submitted in paper form to the Chief,
Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, Room 3-C366, 445 12th Street, S.W.,
Washington, DC 20554, with a copy submitted electronically to Josh
Zeldis at Josh.Zeldis@fcc.gov and Pamera Hairston at
Pamera.Hairston@fcc.gov.
12. Compliance Reports. Wal-Mart.com USA shall file Compliance Reports
with the Commission ninety (90) calendar days after the Effective
Date, twelve (12) months after the Effective Date, twenty-four (24)
months after the Effective Date, and thirty-six (36) months after the
Effective Date.
a. Each Compliance Report shall include a detailed description of
Wal-Mart.com USA's efforts during the relevant period to comply with
the terms and conditions of this Consent Decree and the Equipment
Marketing Rules. In addition, each Compliance Report shall include a
certification by the Compliance Officer, as an agent of and on behalf
of Wal-Mart.com USA, stating that the Compliance Officer has personal
knowledge that Wal-Mart.com USA (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 Wal-Mart.com
USA, 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 Wal-Mart.com USA 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 Wal-Mart.com USA 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 Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, Room 3-C366, 445 12th Street, S.W., Washington, DC 20554,
with a copy submitted electronically to Josh Zeldis at
Josh.Zeldis@fcc.gov and Pamera Hairston at Pamera.Hairston@fcc.gov.
13. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 9 through 12 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date.
14. Voluntary Contribution. Wal-Mart.com USA agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
one hundred twenty thousand dollars ($120,000) within thirty (30)
calendar days after the Effective Date. Wal-Mart.com USA shall also
send electronic notification of payment to Josh Zeldis at
Josh.Zeldis@fcc.gov, Pamera Hairston at Pamera.Hairston@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 Wal-Mart.com
USA should follow based on the form of payment it selects:
* Payment by check or money order must be made payable in United States
Dollars 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 Wal-Mart.com USA has questions regarding payment procedures, it should
contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
or by e-mail, ARINQUIRIES@fcc.gov.
15. Waivers. Wal-Mart.com USA 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. Wal-Mart.com USA 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 Wal-Mart.com USA nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and Wal-Mart.com USA shall waive any statutory right
to a trial de novo. Wal-Mart.com USA hereby agrees to waive any claims
it may have under the Equal Access to Justice Act^ relating to the
matters addressed in this Consent Decree.
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 Wal-Mart.com USA does not
expressly consent) that provision will be superseded by such Rule or
Commission order.
18. Successors and Assigns. Wal-Mart.com USA agrees 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 either 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 both 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 Wal-Mart.com USA represents and warrants that she is
authorized by Wal-Mart.com USA to execute this Consent Decree and to
bind Wal-Mart.com USA 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
_____________________________
Kelly A. Thompson
Senior Vice President
Wal-Mart.com USA, LLC &
Wal-Mart Stores, Inc.
_____________________________
Date
^ The investigation initiated under File No. EB-10-SE-078 was subsequently
assigned File No. EB-SED-13-00009167. Any future correspondence with the
FCC concerning this matter should reflect the new case number, File No.
EB-SED-13-00009167.
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 15.201, 15.216.
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ This investigation initiated under File No. EB-10-SE-078 was
subsequently assigned File No. EB-SED-13-00009167. Any future
correspondence with the FCC concerning this matter should reflect the new
case number, File No. EB-SED-13-00009167.
^ Wal-Mart.com USA, LLC, a wholly-owned subsidiary of Wal-Mart Stores,
Inc. (Wal-Mart Stores), is an online retailer that operates an online
retail website, www.walmart.com.
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 15.201(b), 15.216.
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. SS 2.803, 15.201(b), 15.216.
^ See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
Division, FCC Enforcement Bureau, to Jeffrey J. Gearhart, Executive Vice
President, General Counsel and Corporate Secretary, Wal-Mart Stores, Inc.
(Nov. 5, 2010) (on file in EB-SED-13-00009167).
^ 47 U.S.C. S 302a(b).
^ 47 C.F.R. S 2.803(b).
^ Id. S 2.803(a).
^ See id. S 15.201(b).
^ An intentional radiator is a "device that intentionally generates and
emits radio frequency energy by radiation or induction." Id. S 15.3(o).
^ See id. SS 2.1031-2.1060.
^ Low power auxiliary stations are intended to transmit over distances of
approximately 100 meters for uses such as wireless microphones, cue and
control communications, and synchronization of TV camera signals. See id.
S 74.801.
^ See Revisions to Rules Authorizing the Operation of Low Power Auxiliary
Stations in the 698-806 MHz Band, Report and Order and Further Notice of
Proposed Rulemaking, 25 FCC Rcd 643, 672, para. 59 (2010) (Wireless
Microphone Report and Order); see also 47 C.F.R. S 74.851. The Commission
also required that all low power auxiliary stations, including wireless
microphones, cease operations in the 700 MHz band no later than June 12,
2010. See Wireless Microphone Report and Order, 25 FCC Rcd at 662-63,
para. 36. See also Wireless Microphones Are Not Permitted to Operate on
Certain Frequencies after June 12, 2010; Users are Urged to Check Their
Equipment and Take Necessary Steps to Ensure Compliance, Enforcement
Advisory, 25 FCC Rcd 7409 (Enf. Bur. 2010).
^ See Wireless Microphone Report and Order, 25 FCC Rcd at 688, para. 95.
The Commission defined "point of sale or lease" as "the place where
wireless microphones and other low power auxiliary stations are displayed
or offered for consumers to purchase or lease." Id. at 689, n.280.
^ 47 C.F.R. S 15.216(a)(1). ^
^ Id. (Appendix to S 15.216--Consumer Alert).
^ Wireless Microphone Report and Order, 25 FCC Rcd at 689, para. 100; see
also 47 C.F.R. S 15.216(a)(2), (3). ^
^ See supra note 7.
^ See Letter from Wesley Wright, Counsel for Wal-Mart Stores, Inc., to
Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 20,
2010) (on file in EB-SED-13-00009167) (LOI Response).
^ See id., Attachment at 2, 6. According to the LOI Response, none of the
wireless microphone models marketed on www.walmart.com on or after the
effective date of Section 74.851 of the Rules operated in the 700 MHz
band. See id., Attachment at 3.
^ See id, Attachment at 6.
^ See id.
^ See Letter from C. Douglas Jarrett, Keller and Heckman LLP, Counsel for
Wal-Mart.com USA, LLC, to Katherine Power, Attorney Advisor, FCC
Enforcement Bureau (July 27, 2012) at 2 (on file in EB-SED-13-00009167).
^ See, e.g., Tolling Agreement Extension, executed by and between John D.
Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau,
and C. Douglas Jarrett, Keller and Heckman LLP, Counsel for Wal-Mart.com
USA LLC (Jan. 10, 2014) (on file in EB-SED-13-00009167).
^ See supra note 10 and accompanying text.
^ See 47 C.F.R. S 15.216.
^ See id.
^ See 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.
Federal Communications Commission DA 14-381
2
Federal Communications Commission DA 14-381