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Federal Communications Commission DA 16-597
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Icom America, Inc.
)
)
)
)
)
)
)
File No.:  EB-SED-14-00017535
Acct. No.:  201632100006
FRN:  0005855366
ORDER
Adopted:  June 21, 2016 Released:  June 21, 2016
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether Icom America, Inc., (Icom)
imported and sold marine radios in the United States that did not include all the public safety features 
required by the Commission’s rules.  The rules mandate that these marine radios include the full range of 
features recommended by the Radiocommunication Sector of the International Telecommunication Union 
to enhance emergency and safety-of-life communications from and between maritime vessels.  To settle 
this matter, Icom admits that, by failing to include these features, its radios did not comply with the 
Commission’s rules and agrees to pay a $20,000 civil penalty and implement a compliance plan to 
prevent future violations.
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 regarding Icom’s compliance with the requirements for marine radios in 
Section 302(b) of the Communications Act of 1934, as amended (Act)
1
and Sections 80.225(a)(4) and 
80.1101(c)(2)(ii) of the Commission’s rules.
2
3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Icom’s basic qualifications to hold or obtain any Commission license or authorization.
3
4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act
4
and the 
authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,
5
the attached Consent Decree 
IS ADOPTED and its terms incorporated by reference.
                                                     
1
47 U.S.C. § 302a(b).  
2
47 CFR §§ 80.225(a)(4), 80.1101(c)(2)(ii).  
3
See 47 CFR § 1.93(b).
4
47 U.S.C. § 154(i).
5
47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 16-597
2
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED in 
accordance with the terms of the attached Consent Decree.
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. Hiroshi Nakaoka, President, 
Icom America, Inc., 12421 Willows Road, N.E., Kirkland, WA 98034, and to Alan S. Tilles, Esq., 
Counsel for Icom America, Inc., Shulman Rogers Gandal Pordy & Ecker, 12505 Park Potomac Avenue, 
6th Floor, Potomac, MD 20854.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
Federal Communications Commission DA 16-597
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Icom America, Inc.
)
)
)
)
)
)
)
File No.:  EB-SED-14-00017535
Acct. No.:  201632100006
FRN:  0005855366
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Icom 
America, Inc. (Icom), by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether Icom violated Section 302(b) 
of the Communications Act of 1934, as amended
6
and Sections 80.225(a)(4) and 80.1101(c)(2)(ii) of the 
Commission’s rules
7
in connection with importing and selling a noncompliant marine radio.  
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.
8
(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 Icom is subject 
by virtue of its business activities, including but not limited to the Maritime Services 
Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 11.
(g) “Covered Employees” means all employees and agents of Icom who perform, or 
supervise, oversee, or manage the performance of, duties that relate to Icom’s 
responsibilities under the Communications Laws, including the Maritime Services 
Rules.
(h) “Effective Date” means the date by which both the Bureau and Icom have signed the 
Consent Decree.
(i) “Icom” or “Company” means Icom America, Inc. and its affiliates, subsidiaries, 
predecessors-in-interest, and successors-in-interest.
                                                     
6
47 U.S.C. § 302a(b).  
7
47 CFR §§ 80.225(a)(4), 80.1101(c)(2)(ii).  
8
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 16-597
2
(j) “Investigation” means the investigation commenced by the Bureau in EB-SED-14-
00017535 regarding whether Icom violated the Maritime Services Rules.
(k) “LOI” means the Letter of Inquiry issued by the Bureau to Icom on June 30, 2015 in 
connect with the Investigation.
9
(l) “Maritime Services Rules” means Section 302(b) of the Act
10
and Sections 
80.225(a)(2), 80.225(a)(4) and 80.1101(c)(2)(ii) of the Commission’s rules
11
and 
other provisions of the Act, the Rules, and Commission orders related to the 
manufacture, importation, or sale of marine radios.  
(m) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by Icom to implement the Compliance Plan.
(n) “Parties” means Icom 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
3. Section 302 of the Act authorizes the Commission to promulgate reasonable regulations 
to minimize harmful interference by equipment that emits radio frequency energy.
12
  Specifically, 
Section 302(b) of the Act provides that “[n]o person shall manufacture, import, sell, offer for sale, or ship 
devices or home electronic equipment and systems, or use devices, which fail to comply with regulations 
promulgated pursuant to this section.”
13
  With regard to marine radios, the Maritime Services Rules, 
among other things, prohibit, after January 1, 2013, the manufacture, importation, sale or installation of 
non-portable digital selective calling (DSC) equipment that does not include all the features specified in 
International Telecommunication Union Radiocommunication Sector (ITU-R) Recommendation M.493-
13 (ITU-R M.493-13).
14
  
4. The policy underlying the Maritime Services Rules is to require that marine radios 
incorporate the most current internationally-accepted features for providing emergency communications 
from and between maritime vessels.  In this case, the Maritime Service Rules radios are required to 
provide the following features that were incorporated by reference to ITU-R M.493-13:  (1) a timer 
indicating the time that has elapsed since a call was received; (2) if no acknowledgement is requested, the 
option to send a duplicate DSC message without the need to re-enter the message text; and (3) if an 
acknowledgement is requested, the option to re-send a duplicate DSC message without the need to re-
enter the message text.      
5. In October 2014, the Wireless Telecommunications Bureau referred a complaint to the 
Enforcement Bureau for investigation and possible enforcement action concerning Icom’s marketing, 
                                                     
9
See Letter from Bruce D. Jacobs, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Icom 
America, Inc. (June 30, 2015) (on file in EB-SED-14-00017535).  
10
47 U.S.C. § 302a(b).  
11
47 CFR §§ 80.225(a)(2), 80.225(a)(4), 80.1101(c)(2)(ii).  
12
47 U.S.C. § 302a.
13
Id. § 302a(b).
14
See 47 CFR § 80.225(a)(4).  See Wireless Telecommunications Bureau Clarifies and Temporarily Waives 
Requirements for Maritime Digital Selective Calling Equipment, Public Notice, 26 FCC Rcd 16782 (WTB MD 
2011) (granting a waiver until January 1, 2013 to allow the continued manufacture, importation, marketing and 
installation of existing non-portable DSC devices that do not comply with the new standard, provided that the 
devices comply with ITU-R M.493-11). 
Federal Communications Commission DA 16-597
3
after January 1, 2013, of a marine radio, model IC-M412 (FCC ID: AFJ305400) that did not comply with 
the Maritime Services Rules and the revised standard.  The Enforcement Bureau sent the LOI, and Icom 
responded on July 30, 2015.
15
  In its LOI Response and subsequent correspondence, Icom argued that the 
wording of Section 80.225(a)(4) was vague, in that it appeared to Icom that manufacturers could comply 
with either ITU-R M.493-13 or IEC 62238, but admitted that the marine radio did not comply with 
various aspects of ITU-R M.493-13.
16
Icom also admitted that it continued manufacturing, importing and 
marketing the noncompliant marine radio until June 22, 2015.
17
  Before receiving the LOI, however, Icom 
discontinued marketing the model.
18
    
III. TERMS OF AGREEMENT
6. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
7. Jurisdiction.  Icom 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.
8. 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 Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
9. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate the Investigation.  In consideration for the termination of the Investigation, Icom 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 Icom 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 Icom’s basic qualifications to be a Commission licensee or hold Commission licenses or 
authorizations.
19
10. Admission of Liability.  Icom 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 in paragraph 4 violated the Maritime Services Rules.  
11. Compliance Officer.  Within sixty (60) calendar days after the Effective Date, Icom 
shall designate a senior corporate manager with the requisite corporate and organizational authority to 
serve as a 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 Icom 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 or her duties under this Consent Decree, the Compliance Officer shall have specific 
knowledge of the Maritime Services Rules prior to assuming his/her duties.
                                                     
15
See Letter from Alan S. Tilles, Esq., Shulman Rogers, Counsel for Icom America, Inc., to Bruce D. Jacobs, Chief, 
Spectrum enforcement Division, Spectrum Enforcement Division, FCC Enforcement Bureau (Jul. 30, 2015) (on file 
in EB-SED-14-00017535) (LOI Response).  
16
See LOI Response at 5-7.  
17
See LOI Response at 3.  
18
See LOI Response at 3.
19
See 47 § CFR 1.93(b).
Federal Communications Commission DA 16-597
4
12. Compliance Plan.  For purposes of settling the matters set forth herein, Icom agrees that 
it shall, within ninety (90) 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 Maritime Services Rules, Icom will implement, at 
a minimum, the following procedures:
(a) Operating Procedures.  Within ninety (90) calendar days after the Effective Date, 
Icom shall establish Operating Procedures that all Covered Employees must follow 
to help ensure Icom’s compliance with the Maritime Services Rules.  Icom’s 
Operating Procedures shall include internal procedures and policies specifically 
designed to ensure that its marine radios comply with the applicable international 
standard required by the Maritime Services Rules.  Icom shall also develop a 
Compliance Checklist that describes the steps that a Covered Employee must follow 
to ensure compliance with the Maritime Services Rules.
(b) Compliance Manual.  Within ninety (90) 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 Maritime Services 
Rules and set forth the Operating Procedures that Covered Employees shall follow 
to help ensure Icom’s compliance with the Maritime Services Rules.  Icom shall 
periodically review and revise the Compliance Manual as necessary to ensure that 
the information set forth therein remains current and accurate.  Icom shall distribute 
any revisions to the Compliance Manual promptly to all Covered Employees.
(c) Compliance Training Program.  Icom shall establish and implement a Compliance 
Training Program on compliance with the Maritime Services Rules and the 
Operating Procedures.  As part of the Compliance Training Program, Covered 
Employees shall be advised of Icom’s obligation to report any noncompliance with
the Maritime Services 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 ninety (90) calendar days after the Effective Date, except that any person 
who becomes a Covered Employee at any time after the initial Compliance Training 
Program shall be trained within thirty (30) calendar days after the date such person 
becomes a Covered Employee.  Icom shall repeat 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.
13. Reporting Noncompliance.  Icom shall report any noncompliance with the Maritime 
Services Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar days 
after discovery by the Compliance Officer or Covered Employee of such noncompliance.  Such reports 
shall include a detailed explanation of:  (i) each instance of noncompliance; (ii) the steps that Icom 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 the Icom has taken or will take to prevent the recurrence of any such 
noncompliance.  All reports of noncompliance shall be submitted to Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., 
Washington, DC 20554, with a copy submitted electronically to Jennifer Burton at 
jennifer.burton@fcc.gov, Gabriel Collazo at gabriel.collazo@fcc.gov, and Neal McNeil at 
neal.mcneil@fcc.gov.
Federal Communications Commission DA 16-597
5
14. Compliance Reports.  Icom shall file compliance reports with the Commission one 
hundred twenty (120) 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 Icom’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the Maritime Services Rules.  In addition, each Compliance Report shall 
include a certification by the Compliance Officer, as an agent of and on behalf of 
Icom, stating that the Compliance Officer has personal knowledge that Icom:  (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 shall 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.
20
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of Icom, 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 Icom 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 Icom 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, 445 12th 
Street, S.W., Washington, DC 20554, with a copy submitted electronically to 
Jennifer Burton at jennifer.burton@fcc.gov, Gabriel Collazo at 
gabriel.collazo@fcc.gov, and Neal McNeal at neal.mcneil@fcc.gov.
15. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 10
through 13 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.  
16. Civil Penalty.  Icom will pay a civil penalty to the United States Treasury in the amount 
of twenty thousand dollars ($20,000) within thirty (30) calendar days of the Effective Date.  Icom shall 
send electronic notification of payment to Jennifer Burton at jennifer.burton@fcc.gov, Gabriel Collazo at 
gabriel.collazo@fcc.gov, Neal McNeil at neal.mcneil@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 
above.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be 
submitted.
21
  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 
                                                     
20
47 CFR § 1.16.
21
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 16-597
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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.
17. Waivers.  As of the Effective Date, Icom 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.  Icom 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 Consent 
Decree or the Adopting Order, neither Icom nor the Commission shall contest the validity of the Consent 
Decree or the Adopting Order, and Icom shall waive any statutory right to a trial de novo.  Icom hereby 
agrees to waive any claims it may otherwise have under the Equal Access to Justice Act
22
relating to the 
matters addressed in this Consent Decree.
18. 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.
19. 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.
20. 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 Icom does not expressly 
consent) that provision will be superseded by such Rule or Order.
21. Successors and Assigns.  Icom 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 with respect to the Investigation.  
23. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
                                                     
22
See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 16-597
7
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.  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.
26. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Hiroshi Nakaoka, 
President
Icom America, Inc.
________________________________
Date