Click here for Adobe Acrobat 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.

*****************************************************************



                                                Federal Communications Commission                           DA 18-1266 
                 
                                                               Before the 
                                                Federal Communications Commission 
                                                        Washington, DC 20554 
                 
                  In the Matter of                                   )            
                                                                     )            
                  Mobile Communications America, Inc.                )      File No.:  EB-IHD-18-00028100 
                                                                     )      Acct. No.:  201932080006 
                  Holding Various Authorizations in the Wireless     )      FRN: 0026218487 
                  Radio Services                                     ) 
                                                                      
                                                                      
                                                                 ORDER 
                 
                Adopted:  December 26, 2018                                              Released:  December 26, 2018 
                 
                By the Deputy Chief, Enforcement Bureau: 
                 
                        1.  The Enforcement Bureau of the Federal Communications Commission (Commission) has 
                entered into a Consent Decree to resolve the Commission’s investigation into whether Mobile 
                Communications America, Inc. (Mobile Communications)1 violated Sections 310(d) and 301 of the 
                Communications Act, of 1934, as amended (Act),2 and Sections 1.948 and 1.903 of the Commission’s 
                rules (Rules),3 related to the transfer of control of wireless radio licenses prior to receiving Commission 
                approval, and its operation of wireless stations after their licenses had expired.  These sections of the Act 
                and the Rules ensure that the transfer, assignment, and operation of wireless radio authorizations are 
                limited to instances where there has been a prior determination that such a transfer, assignment, and 
                                                                                4
                operation is in the public’s “interest, convenience, and necessity.”   To settle this matter, Mobile 
                Communications admits that it failed to obtain the necessary Commission approval prior to transfer of the 
                wireless licenses in question.  Mobile Communications also agrees to implement a compliance plan and 
                to pay a settlement of $93,600 in redress.   
                        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 Mobile Communications’ compliance with the Act,5 and Sections 
                1.948 and 1.903 of the Rules,6 pertaining to unauthorized transfers of control, assignment, and operation 
                of wireless radio licenses.  In the absence of material new evidence relating to this matter, we do not set 
                for hearing the question of Mobile Communications’ basic qualifications to hold or obtain any 
                Commission license or authorization.7   
                                                                      
                1
                  Any entity that is a “Small Business Concern” as defined in the Small Business Act (Pub. L. 85-536, as amended) 
                may avail itself of rights set forth in that Act, including rights set forth in 15 U.S.C. § 657, “Oversight of Regulatory 
                Enforcement,” in addition to other rights set forth herein. 
                2
                  47 U.S.C. §§ 310(d), 301. 
                3
                  47 CFR §§ 1.948, 1.903. 
                4
                  Supra notes 2-3. 
                5
                  47 U.S.C. §§ 310(d), 301. 
                6 47 CFR §§ 1.948, 1.903. 
                7
                  See 47 CFR § 1.93(b). 
                 
                                                                     
                 
                                            Federal Communications Commission                     DA 18-1266 
                
                      3.     Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act8 and the 
               authority delegated by Sections 0.111 and 0.311 of the Rules,9 the attached Consent Decree IS 
               ADOPTED, and its terms incorporated by reference. 
                      4.     IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.   
                      5.     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 Mark Blackman, Chief Executive 
               Officer, Mobile Communications, 100 Dunbar Street, Suite 304, Spartanburg, South Carolina 29306 and 
               Elizabeth Sachs, Esq., Lukas, Lafuria, Gutierrez & Sachs LLP, 8300 Greensboro Drive, Suite 1200, 
               Tysons, Virginia 22102. 
                
                       
                                                   FEDERAL COMMUNICATIONS COMMISSION 
                
                
                                                               
                
                                                   Phillip Rosario  
                                                   Deputy Chief  
                                                   Enforcement Bureau
                                                                     
               8
                 47 U.S.C. § 154(i). 
               9
                 47 CFR §§ 0.111, 0.311. 
                                                             2 
                
                                                Federal Communications Commission                           DA 18-1266 
                 
                                                               Before the 
                                                Federal Communications Commission 
                                                        Washington, DC 20554 
                         
                  In the Matter of                                   )                                                    
                  Mobile Communications America, Inc.                )       File No.:  EB-IHD-18-00028100  
                                                                     )       Acct. No.:  201932080006  
                  Holding Various Authorizations in the Wireless     )       FRN:  0026218487  
                  Radio Services                                     )        
                                                                     ) 
                                                                     ) 
                                                                                                                        
                                                         CONSENT DECREE 
                                                                     
                        1.  The Enforcement Bureau of the Federal Communications Commission and Mobile 
                Communications America, Inc. (Mobile Communications or the Company),1
                                                                                            by their authorized 
                representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement 
                Bureau’s investigation into whether the Company violated Section 310(d) of the Communications Act of 
                1934, as amended (Act),2 and Section 1.948 of the Commission’s rules (Rules),3 pertaining to 
                unauthorized transfers of control and assignments of licenses in connection with its acquisition of seven 
                commercial wireless companies and two subsidiary companies that held authorizations for wireless radio 
                services.  The instant settlement also resolves questions about whether the Company violated Section 301 
                of the Act4 and Section 1.903 of the Rules,5 pertaining to unauthorized operation of wireless stations and 
                station equipment.  
                I.      DEFINITIONS 
                        2.  For the purposes of this Consent Decree, the following definitions shall apply: 
                                (a)  “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. 
                                (b)  “Adopting Order” means an Order of the Enforcement Bureau adopting the terms of 
                                     this Consent Decree without change, addition, deletion, or modification 
                                (c)  “Commission” and “FCC” mean the Federal Communications Commission and all 
                                     of its bureaus and offices.   
                                (d)  “Communications Laws” means, collectively, the Act, the Rules, and the published 
                                     and promulgated orders and decisions of the Commission to which Mobile 
                                     Communications is subject by virtue of its business activities, including but not 
                                     limited to, the Wireless Radio Service Rules. 
                                (e)  “Compliance Plan” means the compliance obligations, program, and procedures 
                                     described in this Consent Decree at Paragraph 16.   
                                                                      
                1
                  Any entity that is a “Small Business Concern” as defined in the Small Business Act (Pub. L. 85-536, as amended) 
                may avail itself of rights set forth in that Act, including rights set forth in 15 U.S.C. § 657, “Oversight of Regulatory 
                Enforcement,” in addition to other rights set forth herein. 
                2
                  47 U.S.C. § 310(d). 
                3
                  47 CFR § 1.948. 
                4
                  47 U.S.C. § 301. 
                5
                  47 CFR § 1.903. 
                                                                     
                 
                                                              Federal Communications Commission                                            DA 18-1266 
                      
                                         (f)    “Covered Employees” means all employees and agents of the Company who 
                                                perform, supervise, oversee, or manage the performance of duties that relate to 
                                                Mobile Communications’ responsibilities under the Communications Laws, 
                                                including Sections 310(d) and 301 of the Act and Sections 1.948 and 1.903 of the 
                                                Rules. 
                                         (g)  “Effective Date” means the date on which the Bureau and Mobile Communications 
                                                have signed the Consent Decree.   
                                         (h)  “Enforcement Bureau” or “Bureau” means the Enforcement Bureau of the Federal 
                                                Communications Commission. 
                                         (i)  “Investigation” means the proceeding commenced by the Bureau in File No. EB-
                                                IHD-18-00028100 to determine whether the Company violated provisions of the 
                                                Communications Laws relating to unauthorized transfer of wireless radio station 
                                                licenses and unauthorized operation of wireless stations and station equipment. 
                                         (j)    “Mobile Communications” or “Company” means Mobile Communications America, 
                                                Inc., its subsidiaries, affiliates, predecessors-in-interest, and successors-in-interest. 
                                         (k)  “Operating Procedures” means the standard, internal operating procedures and 
                                                compliance policies established by Mobile Communications to implement the 
                                                Compliance Plan.   
                                         (l)    “Parties” means Mobile Communications 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)  “Unauthorized Operations Rules” means Section 47 U.S.C. § 301 of the Act6
                                                                                                                                                 and 
                                                Section 1.903 of the Rules,7 pertaining to unauthorized transfers of control and 
                                                assignments of wireless radio licenses. 
                                                                                                                                8
                                         (o)  “Unauthorized Transfer Rules” means Section 310(d) of the Act  and Section 1.948 
                                                of the Rules,9 pertaining to unauthorized transfers of control and assignments of 
                                                licenses. 
                                         (p)  “Wireless Bureau” means the Wireless Telecommunications Bureau of the 
                                                Commission. 
                                         (q)  “Wireless Radio Services” means those wireless radio services defined in Section 
                                                1.907 of the Rules.10 
                     II.       BACKGROUND 
                               3.  Section 310(d) of the Act provides that “[n]o construction permit or station license, or any 
                     rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or 
                     involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or 
                     license, to any person except upon application to the Commission and upon finding by the Commission 
                                                                           
                     6
                       47 U.S.C. § 301. 
                     7 47 CFR § 1.903. 
                     8 47 U.S.C. § 310(d). 
                     9 47 CFR § 1.948. 
                     10 47 CFR § 1.907. 
                      
                                                                                       2 
                      
                                          Federal Communications Commission                   DA 18-1266 
               
                                                                              11
              that the public interest, convenience, and necessity will be served thereby.”   Section 1.948 of the Rules 
              similarly requires Commission consent prior to the transfer of control or assignment of a wireless radio 
              license.12   
                     4.  According to Mobile Communications, the Company is a privately held Delaware 
              corporation, created for the purpose of acquiring the stock of Mobile Communications of Hall, LLC, and 
              Mobile Communications of DeKalb, Inc., as well as other radio sales and service organizations on an 
              ongoing basis.13
                              Mobile Communications currently operates and has offices in seven states in the 
              Southeast, and all offices report to, and are managed from, the company’s headquarters in Spartanburg, 
              South Carolina.14   
                     5.  On August 23, 2013, Mobile Communications began executing a series of stock or other asset 
              transactions to acquire entities that then held, among other things, FCC wireless radio licenses.15  The 
              required Commission consent for transfer of those licenses, however, was not obtained prior to 
              completing such acquisitions.16
                                           
                     6.  In early 2018, Mobile Communications became aware that it had consummated stock or asset 
                                                                                                 17
              transactions involving wireless radio licenses without obtaining the required prior FCC approval.   The 
              Company engaged communications counsel to facilitate an inventory of its licensed and operating 
              facilities and identify non-compliant transactions and the FCC authorizations involved.18  During that 
              review, the Company also determined that two of the licenses involved had expired for approximately one 
              year and three and one-half months, respectively.19  Additionally, the Company also discovered that it had 
              completed a pro forma assignment of certain wireless radio assets without obtaining the required prior 
              Commission approval.20
                                    
                     7.  In April of 2018, Mobile Communications filed a waiver request with the Wireless Bureau, 
              which thereafter referred the matter to the Enforcement Bureau for investigation.21  Mobile 
              Communications also filed curative applications seeking Commission consent, nunc pro tunc, to cover the 
              transfers of control of the wireless radio licenses and authorizations conveyed to Mobile 
              Communications.22  Mobile Communications stated in the application filings that its “failure to have 
                                                                    
              11 47 U.S.C. § 310(d).  
              12 47 CFR § 1.948. 
              13 See Letter from Elizabeth Sachs, Counsel for Mobile Communications, to Gary Oshinsky, Attorney Advisor, 
              Investigations and Hearings Division, Enforcement Bureau, FCC (July 13, 2018) (on file in File No. EB-IHD-18-
              00028100) (Mobile Communications Letter). 
              14 Id. at unnumbered page 2. 
              15 Id.  Those transactions occurred between August 2013 and July 2017, and the FCC licenses involved were for 
              facilities in the 150-174 MHz (“VHF”) or 450-470 MHz (“UHF”) band, subject to either Part 90 (Private Land 
              Mobile Radio Services) or Part 22, Subpart E (Public Mobile Services), of the FCC rules.  See id., Attachment A. 
              16 See Application for Transfer of Control, ULS License No. 0008173582, et al., Request for Waiver Unauthorized 
              Transfer of Control/Assignments/Pro Forma Assignments (April 25, 2018) (Waiver Request). 
              http://appsint.fcc.gov/UlsEntry/attachments/attachmentViewRD.jsp?applType=search&fileKey=1384996574&attac
              hmentKey=20350116&attachmentInd=applAttach. 
              17 Mobile Communications Letter at unnumbered page 2. 
              18 Id. 
              19 Mobile Communications Letter, Attachment A. 
              20
                  Id. 
              21
                 See Waiver Request at unnumbered page 1. 
              22
                 Id.  These filings were completed in April of 2018, and some of the applications remain pending. 
               
                                                           3 
               
                                          Federal Communications Commission                   DA 18-1266 
               
                 
              followed the necessary FCC processes in these [transfers] is not attributable to indifference to 
              Commission requirements, but to a less than complete understanding of FCC licensing requirements and a 
              lack of appropriate regulatory oversight during a period of unexpectedly rapid growth.”23  The Company 
              also represented that it “deeply regrets these errors and has already taken steps to ensure that they will not 
              be repeated.”24 
                     8.  The Enforcement Bureau’s Investigation revealed that Mobile Communications completed 
              seven substantial and two pro forma transfers of control,25concerning more than 50 separate licenses 
              without first obtaining prior Commission consent.  These transactions comprised two initial stock 
              acquisitions and further transactions involving additional wireless businesses acquired by Mobile 
              Communications or its subsidiaries, and for which the Company thereafter filed applications and 
              associated waiver requests seeking the Commission’s nunc pro tunc approval.26  In most of those cases, 
              the applications qualified for conditional licensing under FCC Rule Section 90.159.27  For those that did 
              not qualify for conditional licensing, Mobile Communications submitted applications28 for Special 
              Temporary Authority.29 
                     9.  Mobile Communications represents that it has adopted internal procedures designed to 
              prevent future FCC rule violations.30
                                               The Company explains that it has developed a defined process for 
              conducting due diligence on all potential acquisitions in order to identify possible compliance issues.31  
              The Company also represents that it has centralized its FCC licensing procedures and developed a 
              Compliance Manual for distribution to all employees that have any involvement in FCC licensing issues, 
              including the area of customer equipment.32  Neither the Company nor the Commission has received, or is 
                                                                    
              23  Waiver Request at unnumbered page 1. 
              24 See id. 
              25 A substantial transfer of control is, inter alia, a transaction whereby controlling interest in the licensee shifts to a 
              party whose qualifications have not yet been ascertained by the Commission.  See Questions and Answers 
              Regarding Private Wireless Licensees’ Obligations Under Section 310(d) of the Communications Act of 1934,F  act 
              Sheet (Sept. 19, 2000), 2000 WL 1340584, at *2.  By contrast, a pro forma transaction involves a non-substantial 
              change in ownership of the license or the licensee entity where the controlling interest is not acquired or lost.  See id. 
              at *3. 
              26 Waiver Request at unnumbered page 1. 
              27 47 CFR § 90.159(c) (“An applicant…seeking the assignment of authorization or transfer of control of a license for 
              an existing station below 470 MHz or in the 929-930 MHz band (other than a commercial mobile radio service 
              applicant or licensee on these bands) may operate the proposed station during the pendency of the application for a 
              period not to exceed one hundred eighty (180) days upon the filing of a properly completed formal Form 601 
              application that complies with § 90.127 of this part”).  See, e.g., Oregon Pacific Railroad Company, Memorandum 
                                                                    
              Opinion and Order, 16 FCC Rcd 2972, 2972, para. 3, n.5 (EB 2001).
              28 See Mobile Communications Letter, Attachments. 
              29 Under 47 CFR § 1.931(a)(1), special temporary authority to operate a station without a license may be granted 
              “[i]n circumstances requiring immediate or temporary use of station in the Wireless Telecommunications Services 
              [and where] carriers . . . request special temporary authority (STA) to operate new or modified equipment.” Id.  See, 
              e.g., Township of Mount Olive, New Jersey, Order, DA 18-1167, 2018 WL 6017702 *2, para. 6 (PSHSB Nov. 15, 
              2018) (if a licensee “needs to operate while its application [for licenses] is being prepared and coordinated, it may 
              file requests for special temporary authority pursuant to Section 1.931 of the Commission’s rules”). 
              30 E-mail from Elizabeth Sachs, Counsel for Mobile Communications, to Gary Oshinsky, Attorney Advisor, 
              Investigations and Hearings Division, Enforcement Bureau, FCC (June 12, 2017, 14:28 EDT) (on file in EB-IHD-
              18-00028100).  
              31 Mobile Communications Letter at unnumbered page 3. 
              32 See Mobile Communications Letter, Attachments. 
               
                                                           4 
               
                                          Federal Communications Commission                   DA 18-1266 
               
                 
              aware of, any third-party complaints regarding Mobile Communications’ unauthorized transfers of 
              control.33  In addition, Mobile Communications acknowledges that the scope of its FCC-based regulatory 
                                                            34
              noncompliance, as described above, was significant.   To resolve the Bureau’s Investigation, the Parties 
              find it advantageous to enter into this Consent Decree to ensure Mobile Communications’ future 
                                                              
              compliance with all applicable Communications Laws. 
              III.   TERMS OF AGREEMENT 
                     10. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the Bureau 
              in an Adopting Order without change, addition, deletion, or modification.  
                     11. Jurisdiction.  The Company 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. 
                     12. Effective Date.  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.   
                     13. 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, the Company 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 the Company concerning the matters that were the 
              subject of the Investigation.  The Bureau also agrees that, in the absence of new material evidence, it will 
              not use the facts developed in the Investigation through the Effective Date, or the existence of this 
              Consent Decree, to institute on its own motion any proceeding, formal or informal, or take any action on 
              its own motion against the Company with respect to the Company’s basic qualifications, including its 
              character qualifications, to be a Commission licensee or hold Commission licenses or authorizations.35
                                                                                                      
                     14. Admission of Liability.  Mobile Communications admits, for the purpose of this Consent 
              Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of 
              Paragraph 13 herein, that its actions described in Paragraphs 5 through 9 of this Consent Decree violated 
              the Unauthorized Transfer Rules and the Unauthorized Operations Rules.   
                     15. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, to the extent 
              it has not already done so under its current compliance procedures, the Company 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 the Company 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 
              Unauthorized Transfer Rules and Unauthorized Operations Rules prior to assuming his or her duties.  
                     16. Compliance Plan.  For purposes of settling the matters set forth herein, the Company agrees 
              that it shall continue to maintain its existing compliance procedures.  In addition, within ninety (90) 
              calendar days after the Effective Date, the Company shall develop and implement the measures described 
              below, if not already in place, to ensure future compliance with the Communications Laws and with the 
                                                                    
              33 Id. 
              34 Waiver Request at unnumbered page 1. 
              35 See 47 CFR § 1.93(b). 
                                                           5 
               
                                         Federal Communications Commission                  DA 18-1266 
               
                
              terms and conditions of this Consent Decree.  With respect to the Unauthorized Transfer Rules and 
              Unauthorized Operations Rules, including with regard to transfers of control and assignments of wireless 
              licenses as the result of corporate acquisitions or asset transfers, the Company will implement, at a 
              minimum, the following procedures: 
                            (a)  Operating Procedures.  Within sixty (60) calendar days after the Effective Date, 
                                the Company shall establish Operating Procedures that all Covered Employees shall 
                                follow to help ensure the Company’s compliance with The Unauthorized Transfer 
                                Rules and Unauthorized Operations Rules.  The Company’s Operating Procedures 
                                shall include internal procedures and policies specifically designed to ensure that the 
                                Company complies with the Unauthorized Transfer Rules and Unauthorized 
                                Operations Rules.  The Company shall also develop a Compliance Checklist that 
                                describes the steps that a Covered Employee must follow to ensure compliance with 
                                the Unauthorized Transfer Rules and Unauthorized Operations 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 Communications 
                                Laws that apply to the Company, including the Unauthorized Transfer Rules and 
                                Unauthorized Operations Rules, and shall set forth the Operating Procedures that 
                                Covered Employees shall follow to help ensure the Company’s compliance with the 
                                Unauthorized Transfer Rules and Unauthorized Operations Rules.  The Company 
                                shall periodically review and revise the Compliance Manual as necessary to ensure 
                                that the information set forth therein remains current and accurate.  The Company 
                                shall distribute any revisions to the Compliance Manual promptly to all Covered 
                                Employees.   
                            (c)  Compliance Training Program.  Within ninety (90) calendar days after the 
                                Effective Date, the Company shall establish and implement a Compliance Training 
                                Program on compliance with the Communications Laws, including the 
                                Unauthorized Transfer Rules and Unauthorized Operations Rules, and the Operating 
                                Procedures.  As part of the Compliance Training Program, Covered Employees shall 
                                be advised of the Company’s obligation to report any noncompliance with the 
                                Communications Laws, including the Unauthorized Transfer Rules and 
                                Unauthorized Operations Rules, under Paragraph 17 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 one hundred twenty (120) 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.  The Company 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.  
                     17. Reporting Noncompliance.  The Company shall report to the Commission any 
              noncompliance with the Communications Laws, the Unauthorized Transfer Rules, the Unauthorized 
              Operations 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 the Company has taken or will take to address such 
              noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that the 
              Company has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
              noncompliance shall be submitted to the Chief, Investigations & Hearings Division, Enforcement Bureau, 
              Federal Communications Commission, Room 4-C330, 445 12th Street, SW, Washington, DC 20554, with 
                                                         6 
               
                                             Federal Communications Commission                      DA 18-1266 
                
                  
               a copy submitted electronically to Jeffrey J. Gee at Jeffrey.Gee@fcc.gov
                                                                                 , Christopher J. Sova at 
               Christopher.Sova@fcc.gov, and Gary Oshinsky at Gary.Oshinsky@fcc.gov.   
                       18. Compliance Reports.  The Company 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 the Company’s 
                                   efforts during the relevant period to comply with the terms and conditions of this 
                                   Consent Decree, the Communications Laws, the Unauthorized Transfer Rules, and 
                                   the Unauthorized Operations Rules.  In addition, each Compliance Report shall 
                                   include a certification by the Compliance Officer, as an agent of and on behalf of the 
                                   Company, stating that the Compliance Officer has personal knowledge that the 
                                   Company:  (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 17 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.36 
                              (c)  If the Compliance Officer cannot provide the requisite certification, the Compliance 
                                   Officer, as an agent of and on behalf of the Company, 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 the Company has taken or will take to address 
                                   such noncompliance, including the schedule on which proposed remedial actions 
                                   will be taken; and (iii) the steps that the Company 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, Investigations & Hearings 
                                   Division, Enforcement Bureau, Federal Communications Commission, Room 4-
                                   -C330, 445 12th Street, SW, Washington, DC 20554, with a copy submitted 
                                   electronically to Jeffrey J. Gee at Jeffrey.Gee@fcc.gov
                                                                                    , Christopher J. Sova at 
                                   Christopher.Sova@fcc.gov, and Gary Oshinsky at Gary.Oshinsky@fcc.gov. 
                       19. Termination Date.  Unless stated otherwise, the requirements set forth in Paragraphs 15 
               through 18 of this Consent Decree shall expire thirty-six (36) months after the Effective Date. 
                       20. Civil Penalty.  The Company will pay a civil payment to the United States Treasury in the 
               amount of Ninety-Three Thousand Six-Hundred Dollars ($93,600) within thirty (30) calendar days after 
               the Effective Date.  The Company shall send electronic notification of payment to Jeffrey J. Gee at 
               Jeffrey.Gee@fcc.gov, Christopher J. Sova at Christopher.Sova@fcc.gov, and Gary Oshinsky at 
               Gary.Oshinsky@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.37  When completing the FCC Form 159, enter the Account Number in block number 
                                                                     
               36 47 CFR § 1.16. 
               37 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
                                                    . 
               http://www.fcc.gov/Forms/Form159/159.pdf
                                                              7 
                
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Federal Communications Commission                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     DA 18-1266 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                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