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Federal Communications Commission DA 17-1194
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Lumenier Holdco LLC 
f/k/a FPV Manuals LLC
)
)
)
)
)
File No.:  EB-SED-17-00023764
Acct. No.:  201832100003
FRN:  0027053776 
ORDER
Adopted:  December 18, 2017 Released:  December 19, 2017
By the Acting Deputy Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission 
(Commission) has entered into a Consent Decree to resolve its investigation into whether Lumenier 
Holdco LLC f/k/a FPV Manuals LLC (Lumenier or Company) advertised and sold noncompliant 
audio/visual transmitters (AV transmitters) intended for use with remotely piloted aircraft (drones) on its 
various websites in violation of the Commission’s equipment marketing and amateur radio operator 
rules.
1
  These laws ensure that radio frequency devices comply with the Commission’s technical 
requirements and do not interfere with authorized communications.  The noncompliant AV transmitters 
could operate in bands that are reserved for Federal government and other important operations, including 
Federal Aviation Administration airport operations and satellite communications.  Some of the AV 
transmitters also operated at power levels that exceeded limits set by the Commission’s rules.  
Accordingly, these AV transmitters must not be marketed and should not be operated by anyone.  
Moreover, entities that rely on amateur frequencies in operating compliant AV transmitters must have an 
amateur license and otherwise comply with all applicable laws for such operation.
2
  Failure to do so could 
result in enforcement actions.  To settle this matter, Lumenier admits that it marketed the noncompliant 
AV transmitters, will implement a compliance plan, and will pay a $180,000 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 regarding Lumenier’s compliance with Section 302(b) of the Communications 
Act of 1934, as amended (Act), and Parts 2, 15, and 97 of the Commission’s rules.
3
  
3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Lumenier’s basic qualifications to hold or obtain any Commission license or 
authorization.
4
4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act
5
 and the 
authority delegated by Sections 0.111 and 0.311 of the Rules,
6
 the attached Consent Decree IS 
ADOPTED and its terms incorporated by reference.
1
 Lumenier is the successor to FPV Holdings LLC, which was also known as FPV Manuals LLC.
2
 See e.g., 47 CFR § 97.215.
3
 47 U.S.C. § 302a(b); 47 CFR §§ 2.803, 2.925, 15.5, 15.19, 15.21, 15.201, 15.205, 15.247, 97.215(c).
4
 See 47 CFR § 1.93(b).
5
 47 U.S.C. § 154(i).
6
 47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 17-1194
2
5. IT IS FURTHER ORDERED that the above-captioned matter 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 Nancy J. Victory, Esq., DLA Piper 
LLP (US), 500 Eighth Street, NW, Washington, DC, 20004.
FEDERAL COMMUNICATIONS COMMISSION
Christopher L. Killion 
Acting Deputy Chief
Enforcement Bureau
Federal Communications Commission DA 17-1194
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Lumenier Holdco LLC 
f/k/a FPV Manuals LLC
)
)
)
)
)
File No.:  EB-SED-17-00023764
Acct. No.:  201832100003
FRN:  0027053776 
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Lumenier 
Holdco LLC f/k/a FPV Manuals LLC, by their authorized representatives, hereby enter into this Consent 
Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether Lumenier 
violated Section 302(b) of the Communications Act of 1934, as amended (Act), and Parts 2, 15, and 97 of 
the Commission’s rules
1
 in connection with the Company’s marketing of radio frequency devices.
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.
2
(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 Lumenier is 
subject by virtue of its business activities, including but not limited to the 
Equipment Authorization and Marketing Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 13.
(g) “Covered Employees” means all employees and agents of Lumenier who perform, 
or supervise, oversee, or manage the performance of, duties that relate to Lumenier’s 
responsibilities under the Communications Laws, including the Equipment 
Authorization and Marketing Rules. 
(h) “Effective Date” means the date by which both the Bureau and Lumenier have 
signed the Consent Decree.
(i) “Equipment Authorization and Marketing Rules” means Section 302(b) the Act;
3
 
Sections 2.803, 15.201, 15.205 of the Commission’s rules;
4
 and other provisions of 
1
 47 U.S.C. § 302a(b); 47 CFR §§ 2.803, 2.925, 15.5, 15.19, 15.21, 15.201, 15.205, 15.247, 97.215(c).
2
 47 U.S.C. § 151 et seq.
3
 47 U.S.C. § 302a(b).
4
 47 CFR §§ 2.803, 15.201, 15.205.
Federal Communications Commission DA 17-1194
2
the Act, the Rules, and Commission orders related to the authorization of radio 
frequency devices and the marketing of such devices.
(j) “Investigation” means the investigation commenced by the Bureau’s April 17, 2017 
Letter of Inquiry regarding whether the marketing of certain radio frequency devices 
by Lumenier complied with the Equipment Authorization and Marketing Rules.
5
(k) “Lumenier” or “Company” means Lumenier Holdco LLC and its affiliates, 
subsidiaries, predecessors-in-interest, including FPV Manuals LLC, and successors-
in-interest.
6
(l) “Operating Procedures” means the internal operating procedures and compliance 
policies established by Lumenier to implement the Compliance Plan.
(m) “Parties” means Lumenier and the Bureau, each of which is a “Party.”
(n) “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.
7
  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.”
8
  The purpose of Section 302 of the Act is to ensure that radio 
transmitters and other electronic devices meet certain standards to control interference before they reach 
the market.  
4. The Commission carries out its responsibilities under Section 302 of the Act in two ways.  
First, the Commission establishes technical requirements for transmitters and other equipment to 
minimize their potential for causing interference to authorized radio services.  Second, the Commission 
administers an equipment authorization program to ensure that equipment reaching the market in the 
United States complies with the technical and administrative requirements set forth in the Rules.  The 
equipment authorization program requires, among other things, that radio frequency devices must be 
tested for compliance with the applicable technical requirements prior to marketing.
9
  In that regard, 
Section 2.803(b) of the Rules prohibits the marketing of radio frequency devices unless the device has 
first been properly authorized, identified, and labeled in accordance with the Rules, with limited 
exceptions.
10
  The Commission has generally not required amateur equipment to be certified if it operates 
solely in the amateur frequencies; however, certification is required if a device can operate outside of the 
authorized amateur radio service bands.
11
  
5
 See Letter from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Tim 
Nilson, Founder and President, FPV Manuals LLC (Apr. 17, 2017) (LOI) (on file in EB-SED-17-00023764).
6
 Lumenier is the successor to FPV Holdings LLC, which was also known as FPV Manuals LLC.
7
 47 U.S.C. § 302a.
8
 Id. § 302a(b).
9
 The term “marketing” is defined in the Rules and includes 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.”  47 CFR § 2.803(a).
10
 See id. §§ 2.803(b), (c).
11
 New Generation Hobbies, Citation, 26 FCC Rcd 9468, 9471 n.23 (EB 2011) (“while amateur radio service 
equipment is exempt from the FCC’s equipment certification requirement, it is a violation of the Commission’s 
regulations to market in the United States a transmitter that is designed or intended to operate on frequencies outside 
(continued….)
Federal Communications Commission DA 17-1194
3
5. Lumenier is a privately-held limited liability company that, through various websites, 
advertises and sells fully assembled remotely piloted aircraft (drones), as well as various parts and 
accessories to the hobbyist community for use in various applications, including drone racing.  On 
April 17, 2017, after reviewing complaints, the Bureau’s Spectrum Enforcement Division issued a Letter 
of Inquiry (LOI) to Lumenier, directing it to submit a sworn written response to a series of questions 
relating to its marketing of audio/visual transmitters (AV transmitters) in the United States.
12
  The 
investigation revealed that some of the AV transmitters marketed by Lumenier were capable of being 
operated outside of the authorized amateur radio service bands, including on frequencies reserved in 
whole or in part for Federal agencies, but were not certified or otherwise compliant with the Rules.
13
  
These AV transmitters are considered intentional radiators and must comply with the Commission’s 
Equipment Authorization and Marketing Rules.
14
  Additionally, some of the AV transmitters exceeded the 
authorized power limit for amateur operation of model craft.
15
  After receiving the LOI, Lumenier stopped 
marketing the noncompliant AV transmitters.
16
 
6. The Bureau and Lumenier negotiated the following terms and conditions of settlement 
and hereby enter into this Consent Decree as provided herein.
III. TERMS OF AGREEMENT
7. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
8. Jurisdiction.  Lumenier 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.
9. 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.  
10. 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, Lumenier 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, 
(Continued from previous page)  
of the authorized amateur radio service bands if such equipment has not been issued a grant of equipment 
certification”); Pilot Travel Centers, LLC, Notice of Apparent Liability, 19 FCC Rcd 23113, 23114 (2004) (“[R]adio 
transmitting equipment that transmits solely on Amateur Radio Service (‘ARS’) frequencies is not subject to 
equipment authorization requirements prior to manufacture or marketing.”) (emphasis added).  
12
 See supra note 5.   
13
 Certification of Tim Nilson, Founder and President, FPV Manuals, LLC (May 17, 2017); Letter and attachment 
from Nancy J. Victory, DLA Piper LLP (US), to Marlene H. Dortch, Secretary, Federal Communications 
Commission, Attn: Jennifer Burton, Spectrum Enforcement Division, FCC Enforcement Bureau  (May 17, 2017) 
(collectively LOI Response) (on file in EB-SED-17-00023764); Letter and attachment from Nancy J. Victory, DLA 
Piper LLP (US), to Marlene H. Dortch, Secretary, Federal Communications Commission, Attn: Jennifer Burton, 
Spectrum Enforcement Division, FCC Enforcement Bureau  (July 18, 2017) (Second LOI Response) (on file in EB-
SED-17-00023764).  
14
 47 CFR §§ 2.803, 15.201.  Various models of the AV transmitters marketed by Lumenier could operate on 
frequencies 1010, 1040, 1080, 1120, 1160, 1200, 1320, 1360, 2370, 2470, 2490, 2510, 5645, and/or 5945 MHz, all 
of which are outside of the authorized amateur radio service bands.  See Second LOI Response attachment; see also 
47 CFR § 97.301(a) (listing amateur frequencies).  
15
 Id. § 97.215(c) (limiting transmitter power to 1 W).
16
 LOI Response at 8.
Federal Communications Commission DA 17-1194
4
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 Lumenier 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 Lumenier’s basic qualifications to be a Commission licensee or hold Commission licenses 
or authorizations.
17
11. Admission of Liability.  Lumenier admits for the purpose of this Consent Decree and for 
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 10, 
herein, that its actions described in paragraph 5, herein, violated the Equipment Authorization and 
Marketing Rules.  
12. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Lumenier 
shall designate a senior corporate officer or principal 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 Lumenier 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 Equipment Authorization and Marketing Rules 
prior to assuming his or her duties.
13. Compliance Plan.  For purposes of settling the matters set forth herein, Lumenier 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 Equipment Authorization and 
Marketing Rules, Lumenier will implement, at a minimum, the following procedures:
(a) Operating Procedures.  Within sixty (60) calendar days after the Effective Date, 
Lumenier shall establish Operating Procedures that all Covered Employees must 
follow to help ensure Lumenier’s compliance with the Equipment Authorization and 
Marketing Rules.  Lumenier’s Operating Procedures shall include internal 
procedures and policies specifically designed to ensure that, prior to the initiation of 
marketing radio frequency devices, all radio frequency devices to be marketed by 
Lumenier are properly authorized and compliant with the applicable technical and 
administrative standards and requirements.
18
  
(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 
Authorization and Marketing Rules and set forth the Operating Procedures that 
Covered Employees shall follow to help ensure Lumenier’s compliance with those 
Rules.  Lumenier shall periodically review and revise the Compliance Manual as 
necessary to ensure that the information set forth therein remains current and 
accurate.  Lumenier shall distribute any revisions to the Compliance Manual 
promptly to all Covered Employees.
(c) Compliance Training Program.  Lumenier shall establish and implement a 
Compliance Training Program to ensure compliance with the Equipment 
Authorization and Marketing Rules and the Operating Procedures.  As part of the 
17
 See 47 CFR § 1.93(b).
18
 See supra note 9 and accompanying text.
Federal Communications Commission DA 17-1194
5
Compliance Training Program, Covered Employees shall be advised of Lumenier’s 
obligation to report any noncompliance with the Equipment Authorization and 
Marketing Rules under paragraph 14 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 initial Compliance Training 
Program shall be trained within thirty (30) calendar days after the date such person 
becomes a Covered Employee.  Lumenier 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.
14. Reporting Noncompliance.  Lumenier shall report any noncompliance with the 
Equipment Authorization and 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 an 
explanation of:  (i) each instance of noncompliance; (ii) the steps that Lumenier 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 Lumenier has taken or will take to prevent the recurrence of any such noncompliance.  All 
reports of noncompliance shall be submitted to Aspasia A. Paroutsas, Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW, Rm. 3-C366, 
Washington, DC 20554, with copies submitted electronically to Jason Koslofsky at 
Jason.Koslofsky@fcc.gov and to Ricardo Durham at Ricardo.Durham@fcc.gov.
15. Compliance Reports.  Lumenier 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 Lumenier’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the Equipment Authorization and Marketing Rules.  In addition, each 
Compliance Report shall include a certification by the Compliance Officer, as an 
agent of and on behalf of Lumenier, stating that the Compliance Officer has 
personal knowledge that Lumenier:  (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 14 of this Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement 
explaining that his/her personal knowledge is 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.
19
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of Lumenier, shall provide the Commission 
with an explanation of the reason(s) why and describe:  (i) each instance of 
noncompliance; (ii) the steps that Lumenier 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 Lumenier has taken or will take to prevent the 
recurrence of any such noncompliance, including the schedule on which such 
preventive action will be taken.  
19
 47 CFR § 1.16.
Federal Communications Commission DA 17-1194
6
(d) All Compliance Reports shall be submitted to Aspasia A. Paroutsas, Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, 445 12th Street, SW, Rm. 3-C366, Washington, DC 20554, with 
copies submitted electronically to Jason Koslofsky at Jason.Koslofsky@fcc.gov and 
to Ricardo Durham at Ricardo.Durham@fcc.gov.
16. Termination Date.  Unless stated otherwise, the requirements set forth in paragraphs 12 
through 15 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.  
17. Civil Penalty.  Lumenier will pay a civil penalty to the United States Treasury in the 
amount of one hundred and eighty thousand dollars ($180,000).  Such payment shall be made in three 
installments (each an Installment Payment).  The first Installment Payment in the amount of sixty 
thousand dollars ($60,000) is due within thirty (30) calendar days of the Effective Date.  The second 
Installment Payment in the amount of sixty thousand dollars ($60,000) shall be paid within six (6) months 
of the Effective Date. The third and final Installment Payment in the amount of sixty thousand dollars 
($60,000) shall be paid within twelve (12) months of the Effective Date.  Lumenier acknowledges and 
agrees that upon execution of this Consent Decree, the civil penalty and each Installment Payment shall 
become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).
20
  Upon an Event of Default (as 
defined below), all procedures for collection as permitted by law may, at the Commission’s discretion, be 
initiated.  Lumenier shall send electronic notification of payment to Jason Koslofsky at 
Jason.Koslofsky@fcc.gov, Ricardo Durham at Ricardo.Durham@fcc.gov, and Samantha Peoples at 
Samantha.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 Federal Communications 
Commission.  Such payments (along with the completed FCC 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 FCC 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 to authorize the credit card payment.  The 
completed FCC 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.
20
 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
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 17-1194
7
18. Event of Default.  Lumenier agrees that an Event of Default shall occur upon the failure 
by Lumenier to pay the full amount of any Installment Payment on or before the due date specified in this 
Consent Decree.
19. 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 civil penalty 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 civil penalty, together with interest, any penalties permitted and/or required by the 
law, including but not limited to 31 U.S.C. § 3717 and administrative charges, 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 Lumenier.
20. Waivers.  As of the Effective Date, Lumenier 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.  Lumenier 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 Lumenier nor the Commission shall contest the validity of the 
Consent Decree or the Adopting Order, and Lumenier shall waive any statutory right to a trial de novo.  
Lumenier 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.
21. 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.
22. 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.
23. 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 Lumenier does not expressly 
consent) that provision will be superseded by such Rule or Order.
24. Successors and Assigns.  Lumenier agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees.
25. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.  
26. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
27. 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.
28. 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.
22
 See 5 U.S.C. § 504; 47 CFR §§ 1.1501-1.1530.
Federal Communications Commission DA 17-1194
8
29. 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.
________________________________
Christopher L. Killion
Acting Deputy Chief
Enforcement Bureau
________________________________
Date
________________________________
Tim Nilson
Chief Executive Officer
Lumenier Holdco LLC
________________________________
Date