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Federal Communications Commission  DA 16-359
1
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
American Time & Signal Company
Licensee of Station WQFW336
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File No.:  EB-SED-13-00009030
Acct. No.:  201632100004
FRN:  0015495773
ORDER
Adopted:  April 12, 2016 Released: April 12, 2016
By the Chief, Enforcement Bureau: 
1. The Enforcement Bureau (Bureau) of the Federal Communication’s Commission has entered 
into a Consent Decree to resolve its investigation into whether American Time & Signal Company (ATS) 
operated wireless synchronized clock systems under station WQFW336 out of compliance with the terms 
of its license.  To settle this matter, ATS admits that it allowed certain of its synchronized clock systems 
customers to operate transmitters under its temporary-fixed license in the same location for more than one 
year in violation of the Commission’s rules, will implement a compliance plan to ensure this does not 
occur again, and will pay a $12,000 civil penalty.
2. 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 referenced 
investigation into ATS’s compliance with Section 90.137(b) of the Commission’s rules.1
3. In the absence of material new evidence relating to this matter, we do not set for hearing the 
question of ATS’s basic qualifications to hold or obtain any Commission license or authorization.2
4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act3 and the authority 
delegated by Sections 0.111 and 0.311 of the Rules,4 the attached Consent Decree IS ADOPTED and its 
terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 
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 Mr. George Wilkes, President, American 
  
1 47 C.F.R. § 90.137(b).
2 47 C.F.R. § 1.93(b).
3 47 U.S.C. §§ 154(i).
4 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission  DA 16-359
2
Time & Signal Company, 140 3rd St. So., Dassel, MN  55325-0707, and to its counsel, Mr. Kenneth E. 
Hardman, 5151 Wisconsin Ave., NW, Ste 312, Washington, DC  20016-4139.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc 
Chief
Enforcement Bureau
Federal Communications Commission DA 16-359
Before the
Federal Communications Commission
Washington, D.C. 20554 
In the Matter of
American Time & Signal Company
Licensee of Station WQFW336
)
)
)
)
)
File No.:  EB-SED-13-00009030
Acct. No.:  201632100004
FRN:  0015495773
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and American Time & 
Signal Company, by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether American Time & Signal 
Company violated Section 90.137(b) of the Commission’s rules1 regarding the operation of wireless 
synchronized clock systems under station WQFW336.  
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.2
(b) “Adopting Order” means an order of the Bureau adopting the terms of this 
Consent Decree without change, addition, deletion, or modification.
(d) “ATS” means American Time & Signal Company, and its affiliates, 
subsidiaries, predecessors in interest, and successors-in-interest.
(c) “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 ATS is subject by virtue of its business activities, including but not 
limited to, the Licensing Rules.
(g) “Compliance Plan” means the compliance obligations, program, and 
procedures described in this Consent Decree at paragraph 11.
(h) “Covered Employees” means all employees and agents of ATS who 
perform duties, or supervise, oversee, or manage the performance of 
duties, relating to ATS’s responsibilities under the Licensing Rules.
  
1 47 C.F.R. § 90.137(b).
2 47 U.S.C. § 151 et seq.
Federal Communications Commission  DA 16-359
2
(i) “Effective Date” means the date on which both the Bureau and ATS have 
signed the consent decree.
(j) “Investigation” means the investigation commenced by the Bureau’s 
September 1, 2009, letter of inquiry3 regarding whether ATS violate the 
Licensing Rules.
(k) “License” means the Commission-issued licenses for station WQFW336.
(l) “Licensing Rules” means Section 90.137(b) of the Rules,4 and other 
provisions of the Act, the Rules, and Commission orders related to the use 
or operation of Conventional Industrial/Business Pool Radio Service 
stations.
(m) “Operating Procedures” means the standard, internal operating procedures 
and compliance policies established by ATS to implement the Compliance 
Plan.
(n) “Parties” means ATS and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the 
Code of Federal Regulations. 
II. BACKGROUND
2. At all relevant times, the frequencies licensed to ATS under WQFW336 were authorized 
for temporary fixed operations.5 Pursuant to Section 90.137(b) of the Rules, when any unit or units of a 
base station or fixed station that are authorized for operation at temporary locations actually remain or are 
intended to remain at the same location for more than one year, an application for a separate authorization 
specifying the fixed location shall be submitted to the Commission as soon as possible, but not later than 
30 days after the expiration of the one-year period.6  
3. On September 1, 2009, the Bureau issued a letter of inquiry to ATS directing it to submit 
a sworn written response to a series of questions relating to its operation of wireless synchronized clock 
systems under the License.7 ATS responded to the September 2009 LOI on September 29, 2009.8 This 
response indicated that ATS was allowing certain of its synchronized clock system customers to operate 
temporary fixed transmitters pursuant to the License at the same location for more than one year.
  
3 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Dirk 
Lutz, American Time & Signal Co. (Sep. 1, 2009) (on file in EB-SED-13-00009030) (September 2009 LOI).
4 47 C.F.R. § 90.137(b).
5 See “Radio Station Authorizations,” in FCC Universal Licensing System, Industrial/Business Pool, Conventional 
License - WQFW336 - AMERICAN TIME & SIGNAL CO, Administration, available at 
http://wireless2.fcc.gov/UlsApp/UlsSearch/licenseAdminSum.jsp?licKey=2852751.
6 47 C.F.R. § 90.137(b).
7 See September 2009 LOI.
8 See Letter from Kenneth E. Hardman, Attorney for ATS, to Deborah Broderson, Spectrum Enforcement Division, 
FCC Enforcement Bureau (Sept. 29, 2009) (on file in EB-SED-13-00009030).
Federal Communications Commission  DA 16-359
3
4. On December 28, 2011, ATS petitioned the Commission for waiver of the definition of 
mobile units under Section 90.7 of the Commission’s Rules9 to allow licensing of its temporary fixed 
transmitters as mobile units.10 On November 29, 2012, the Commission issued a Waiver Order granting 
that petition with the requirements that (1) each customer location have a geographical center point and an 
operating radius not to exceed 20 kilometers, and (2) ATS retained the responsibility for maintaining the 
accuracy of its licensed sites via modifications to the License.11 ATS subsequently began to license the 
fixed transmitters operating under the License as mobile units and by November 2015 all such 
transmitters were so registered.12 ATS acknowledges that multiple transmitter sites operated under the 
License for more than one year at a fixed location prior to being licensed as mobile units pursuant to the 
Waiver Order.13 Following resolution of ATS’s compliance issue, the company and the Bureau entered 
into settlement negotiations.
III. TERMS OF AGREEMENT
5. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
6. Jurisdiction.  ATS agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and 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.  
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, ATS agrees to the 
terms, conditions, and procedures contained herein.  The Bureau further 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 new proceeding, formal or 
informal, or take any action on its own motion against ATS 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 to set for hearing the 
question of ATS’s basic qualifications to be a Commission licensees or hold Commission licenses or 
authorizations.14
9. Admission of Liability.  ATS admits for the purpose of this Consent Decree and for 
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8 herein, 
that its actions that were the subject of the Investigation violated the Licensing Rules.
  
9 47 C.F.R. § 90.7.
10 See American Time and Signal Co., Order, 27 FCC Rcd 14901 ¶ 1 (WTB-Mobility Div. 2012) (“Waiver Order”).
11 Waiver Order at 14901, 14903 ¶¶ 1, 11.
12 See American Time & Signal, Response to Third Supplemental Inquiry at 2 (dated Jan. 28, 2016) (on file in EB-
SED-13-00009030).
13 See American Time & Signal, Response to Supplemental Inquiries at 3 (dated Dec. 18, 2015) (on file in EB-SED-
13-00009030).
14 See 47 C.F.R. § 1.93(b).
Federal Communications Commission  DA 16-359
4
10. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, ATS 
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 ATS 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.
11. Compliance Plan.  For purposes of settling the matters set forth herein, ATS 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, ATS shall implement the 
following procedures:
(a) Operating Procedures.  Within thirty (30) calendar days after the Effective 
Date, ATS shall establish Operating Procedures that all Covered Employees must 
follow to help ensure ATS’s compliance with the Licensing Rules.  ATS’s 
Operating Procedures shall include internal procedures and policies specifically 
designed to ensure that ATS’s operations under its FCC authorizations, including 
the License, are consistent with the Licensing Rules.  ATS shall also develop a 
Compliance Checklist that describes the steps that a Covered Employee must 
follow to ensure compliance with the Licensing 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 ATS’s compliance with the Licensing Rules.  ATS shall periodically 
review and revise the Compliance Manual as necessary to ensure that the 
information set forth therein remains current and accurate.  ATS shall distribute 
any revisions to the Compliance Manual promptly to all Covered Employees.
(c) Compliance Training Program.  ATS 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 ATS’s obligation to report any noncompliance 
with the Licensing Rules under paragraph 12 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.  ATS 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.
12. Reporting Noncompliance.  ATS 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 ATS 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 ATS has taken or will take 
Federal Communications Commission  DA 16-359
5
to prevent the recurrence of any such noncompliance.  All 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 
Eric Ehrenreich at Eric.Ehrenreich@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
13. Compliance Reports.  ATS 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 ATS’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 ATS, stating that the Compliance Officer has personal knowledge that 
ATS (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 12 of this Consent Decree.
(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.15
(c) If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of ATS, 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 ATS 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 ATS 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 Eric Ehrenreich at Eric.Ehrenreich@fcc.gov and to JoAnn 
Lucanik at JoAnn.Lucanik@fcc.gov.
14. Termination Date.  Unless stated otherwise, the requirements of paragraphs 10 through 
13 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
15. Civil Penalty.  ATS will pay a civil penalty to the United States Treasury in the amount 
of $12,000 within 30 calendar days of the Effective Date.  ATS shall send electronic notification of 
payment to Eric Ehrenreich at Eric.Ehrenreich@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@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 Account Number 
and FRN referenced in the caption of the Adopting Order.  Regardless of the form of payment, a 
  
15 Id. § 1.16.
Federal Communications Commission  DA 16-359
6
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 that should be followed based 
on the form of payment selected:  
· 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.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
16. Waivers.  As of the Effective Date, ATS waives any and all rights it has 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.  ATS 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 ATS nor the Commission shall contest the validity of the Consent Decree or of the 
Adopting Order, and ATS shall waive any statutory right to a trial de novo. ATS hereby agrees to waive 
any claims it might have under the Equal Access to Justice Act17 relating to the matters addressed in this 
Consent Decree.
17. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
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 
  
16 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
17 See 5 U.S.C. § 504); 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission  DA 16-359
7
specifically intended to revise the terms of this Consent Decree to which ATS does not expressly 
consent), that provision will be superseded by such Rule or Order.
20. Successors and Assigns.  ATS agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.
21. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.  
22. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
23. 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.
24. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions.
25. Counterparts.  This Consent Decree may be signed in any number of counterparts 
(including electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an 
original, and all of which counterparts together shall constitute one and the same fully executed 
instrument.
____________________________
William Davenport
Deputy Chief
Enforcement Bureau
____________________________
Date
________________________________
George Wilkes
President
American Time & Signal Company 
____________________________
Date