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                        Federal Communications Commission            DA 18-572 

                                  Before the 
                        Federal Communications Commission 
                             Washington, DC 20554 
 
In the Matter of                       )         
                                       )         
Prismview, LLC                         )        File No.:  EB-SED-17-00024599 
                                       )        Acct. No.:  201832100017 
                                       )        FRN:  0027578434 
                                        
                                   ORDER 
 
Adopted:  July 17, 2018                                    Released:  July 17, 2018 
 
By the Deputy 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 Prismview, LLC (Prismview) 
violated the Commission s rules by marketing light-emitting diode (LED) signs used in digital billboards 
and other commercial and industrial applications, without the required labeling and user manual 
disclosures.  These rules ensure that radio-frequency devices marketed in the United States do not 
interfere with authorized communications, thereby maintaining network integrity and security and 
protecting consumers.  To settle this matter, Prismview admits that it marketed LED signs without the 
required labeling and user manual disclosures, will implement a compliance plan, and will pay a $14,000 
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 Prismview s compliance with the labeling and user manual disclosure 
rules in effect at the time of the violations, Section 302(b) of the Communications Act of 1934, as 
amended (Act)1, and Sections 2.803, 15.19, 15.21, and 15.105 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 Prismview 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 Act4 and the 
authority delegated by Sections 0.111 and 0.311 of the Rules,5 the attached Consent Decree IS 
ADOPTED and its terms incorporated by reference. 
      5.    IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. 


                                                     
1 47 U.S.C.  302a(b).  
2 47 CFR  2.803, 15.19, 15.21, 15.105 (2017).  Some of the rules in effect at the time the violations occurred were 
subsequently amended.  The new rules became effective on November 2, 2017.  See Amendment of Parts 0, 1, 2, 15, 
and 18 of the Commission s Rules Regarding Authorization of Radiofrequency Equipment, Report and Order, 32 
FCC Rcd 8746 (2017). 
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 18-572 

      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 Don Szczepaniak, President and 
Chief Executive Officer, Prismview, LLC, 1651 N 1000 W Logan, Utah 84321, and to David H. 
Solomon, Esq., and Timothy J. Cooney, Esq., Wilkinson, Barker, Knauer, LLP, 1800 M St., NW, Suite 
800 N, Washington, DC 20036. 
                               
                              FEDERAL COMMUNICATIONS COMMISSION 
 
 
                               
 
                              Christopher L. Killion 
                              Deputy Chief  
                              Enforcement Bureau


                                      2 
                        Federal Communications Commission            DA 18-572 

                                  Before the 
                        Federal Communications Commission 
                             Washington, DC 20554 
 
In the Matter of                       )         
                                       )         
Prismview, LLC                         )        File No.:  EB-SED-17-00024599 
                                       )        Acct. No.:  201832100017 
                                       )        FRN:  0027578434 

                              CONSENT DECREE 
                                        
      1.    The Enforcement Bureau of the Federal Communications Commission and Prismview, 
LLC (Prismview), by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau s investigation into whether Prismview violated 
Section 302(b) of the Communications Act of 1934, as amended (Act),1 and Sections 2.803, 15.19, 15.21, 
and 15.105 of the Commission s rules.2  
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.3 
            (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 Prismview is 
               subject by virtue of its business activities, including but not limited to the 
               Equipment Marketing Rules. 
            (f)  Compliance Plan  means the compliance obligations, program, and procedures 
               described in this Consent Decree at paragraph 13. 
            (g)  Covered Employees  means all employees and agents of Prismview who perform, 
               or supervise, oversee, or manage the performance of, duties that relate to 
               Prismview s responsibilities under the Communications Laws, including the 
               Equipment Marketing Rules. 
            (h)  Effective Date  means the date by which both the Bureau and Prismview have 
               signed the Consent Decree. 

                                                     
1 47 U.S.C.  302a(b). 
2 47 CFR  2.803, 15.19, 15.21, 15.105.  Some of the rules in effect at the time the violations occurred were 
subsequently amended and became effective on November 2, 2017.  See Amendment of Parts 0, 1, 2, 15, and 18 of 
the Commission s Rules regarding Authorization of Radiofrequency Equipment, Report and Order, 32 FCC Rcd 
8746 (July 2017) (Equipment Authorization Order).  This settlement resolves violations prior to the effective date of 
the amended rules and sets forth obligations for compliance with the current rules. 
3 47 U.S.C.  151 et seq. 

 
                        Federal Communications Commission            DA 18-572 

            (i)  Equipment Marketing Rules  means Section 302(b) of the Act;4 Sections 2.803, 
               2.1077, 15.19, 15.21, 15.105 of the Commission s rules;5 and other provisions of the 
               Act, the Rules, and Commission orders related to the marketing of radio frequency 
               devices. 
            (j)  Investigation  means the investigation commenced by the Bureau s July 20, 2017, 
               Letter of Inquiry regarding whether Prismview violated the Equipment Marketing 
               Rules.6 
            (k)  Operating Procedures  means the standard internal operating procedures and 
               compliance policies established by Prismview to implement the Compliance Plan. 
            (l)  Parties  means Prismview and the Bureau, each of which is a  Party.  
            (m)  Prismview  or  Company  means Prismview LLC and its subsidiaries, 
               predecessors-in-interest, and successors-in-interest. 
            (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   

                                                     
4 Id.  302a(b). 
5 47 CFR  2.803, 2.1077, 15.19 (2018); id.  2.803, 15.19, 15.21, 15.105 (2017).   
6 See Letter from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC to 
Prismview LLC c/o Samsung Electronics America, Gary Carbonello, Esq. (July 20, 2017); Letter from Aspasia A. 
Paroutsas, Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to Prismview LLC c/o Samsung 
Electronics America, Gary Carbonello, Esq. (July 21, 2017) (LOI) (both on file in EB-SED-17-00024599). 
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). 

                                      2 
                        Federal Communications Commission            DA 18-572 

      5.    Prismview is a privately held, limited liability company that manufactures, advertises and 
sells fully assembled light emitting diode (LED) display signs.  On July 20, 2017, after reviewing a 
complaint, the Bureau s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to Prismview, 
directing it to submit a sworn written response to a series of questions relating to its marketing of LED 
signs in the United States.  The Investigation revealed that Prismview violated the Equipment Marketing 
Rules by marketing LED signs without the required equipment labeling and user manual disclosures.  
After receiving the LOI, Prismview began to bring its LED signs into compliance with the Commission s 
Equipment Marketing Rules.  Prismview achieved compliance with the relevant Equipment Marketing 
Rules in August 2017 for the LED signs at issue.11 
      6.    The Bureau and Prismview 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.  Prismview 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, Prismview 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 Prismvew 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 Prismview s basic qualifications to be a Commission licensee or hold Commission 
licenses or authorizations.12 
      11.   Admission of Liability.  Prismview 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 labeling and user manual disclosure 
requirements of the Equipment Marketing Rules in effect during the Investigation. 
      12.   Compliance Officer.  Within thirty (30) calendar days after the Effective Date, 
Prismview 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 Prismview 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 Marketing Rules prior to assuming 
his or her duties. 
                                                     
11 47 CFR  2.803, 15.19, 15.21, 15.105.   
12 See 47 CFR  1.93(b). 

                                      3 
                        Federal Communications Commission            DA 18-572 

      13.   Compliance Plan.  For purposes of settling the matters set forth herein, Prismview 
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 Marketing Rules, Prismview 
will implement, at a minimum, the following procedures: 
            (a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
               Prismview shall establish Operating Procedures that all Covered Employees must 
               follow to help ensure Prismview s compliance with the Equipment Marketing Rules.  
               Prismview s Operating Procedures shall include internal procedures and policies 
               specifically designed to ensure that all radio frequency devices to be marketed by 
               Prismview are properly authorized and compliant with the applicable technical and 
               administrative standards and requirements prior to the initiation of marketing.13  
               Additionally, Prismview shall establish a procedure for retaining documentation 
               supporting device compliance prior to the initiation of marketing.14  Prismview shall 
               also develop a Compliance Checklist that describes the steps that a Covered 
               Employee must follow to ensure compliance with the Equipment Marketing Rules. 
            (b) Compliance Manual.  Within sixty (60) calendar days after the Effective Date, the 
               Compliance Officer shall develop and distribute a Compliance Manual to all 
               Covered Employees.  The Compliance Manual shall explain the Equipment 
               Marketing Rules and set forth the Operating Procedures that Covered Employees 
               shall follow to help ensure Prismview s compliance with the Equipment Marketing 
               Rules.  Prismview shall periodically review and revise the Compliance Manual as 
               necessary to ensure that the information set forth therein remains current and 
               accurate.  Prismview shall distribute any revisions to the Compliance Manual 
               promptly to all Covered Employees. 
            (c) Compliance Training Program.  Prismview shall establish and implement a 
               Compliance Training Program in compliance with the Equipment Marketing Rules 
               and the Operating Procedures.  As part of the Compliance Training Program, 
               Covered Employees shall be advised of Prismview s obligation to report any 
               noncompliance with the Equipment 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.  Prismview 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.  Prismview shall report any noncompliance with the 
Equipment Marketing Rules and with the terms and conditions of this Consent Decree within fifteen (15) 
calendar days after discovery of such noncompliance.  Such reports shall include a detailed explanation 
of:  (i) each instance of noncompliance; (ii) the steps that Prismview 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 
Prismview 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, 
                                                     
13 See supra note 9 and accompanying text. 
14 See 47 CFR  2.938, 2.945 (2018); see also Equipment Authorization Order, 32 FCC Rcd 8746.  

                                      4 
                        Federal Communications Commission            DA 18-572 

Federal Communications Commission, 445 12th Street, SW, Rm. 3-C366, Washington, DC 20554, with a 
copy submitted electronically to Eric.Ehrenreich@fcc.gov. 
      15.   Compliance Reports.  Prismview 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 Prismview s efforts 
               during the relevant period to comply with the terms and conditions of this Consent 
               Decree and the Equipment Marketing Rules.  In addition, each Compliance Report 
               shall include a certification by the Compliance Officer, as an agent of and on behalf 
               of Prismview, stating that the Compliance Officer has personal knowledge that 
               Prismview:  (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 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.15 
            (c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
               Officer, as an agent of and on behalf of Prismview, 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 Prismview 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 Prismview 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, SW, Rm. 3-C366, Washington, DC 20554, with a copy submitted 
               electronically to Eric.Ehrenreich@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.  Prismview will pay a civil penalty to the United States Treasury in the 
amount of fourteen thousand dollars ($14,000) within thirty (30) calendar days of the Effective Date.  
Prismview shall send electronic notification of payment to Eric Ehrenreich at Eric.Ehrenreich@fcc.gov 
and to SED s mailbox at EB-SED-Response@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.16  When completing the FCC Form 159, enter the Account 
Number in block number 23A (call sign/other ID) and enter the letters  FORF  in block number 24A 
(payment type code).  Below are additional instructions that should be followed based on the form of 
payment selected: 

                                                     
15 47 CFR  1.16. 
16 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf. 

                                      5 
                        Federal Communications Commission            DA 18-572 

      "   Payment by check or money order must be made payable to the order of the Federal 
         Communications Commission.  Such payments (along with the completed Form 159) must be 
         mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
         9000, or sent via overnight mail to U.S. Bank   Government Lockbox #979088, 
         SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 
      "   Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
         TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
         appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
         at (314) 418-4232 on the same business day the wire transfer is initiated. 
      "   Payment by credit card must be made by providing the required credit card information on 
         FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
         The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
         Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank   
         Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
         63101. 
      Questions regarding payment procedures should be addressed to the Financial Operations Group 
Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.  
      18.   Waivers.  As of the Effective Date, Prismview 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.  Prismview 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 Prismview nor the Commission shall contest the validity of the 
Consent Decree or the Adopting Order, and Prismview shall waive any statutory right to a trial de novo.  
Prismview hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice 
Act17 relating to the matters addressed in this Consent Decree. 
      19.   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. 
      20.   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. 
      21.   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 Prismview does not expressly 
consent) that provision will be superseded by such Rule or Order. 
      22.   Successors and Assigns.  Prismview agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees. 
      23.   Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.    
      24.   Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties. 

                                                     
17 See 5 U.S.C.  504; 47 CFR  1.1501 1.1530. 

                                      6 
                        Federal Communications Commission            DA 18-572 

      25.   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. 
      26.   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. 
      27.   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 
Deputy Chief 
Enforcement Bureau 
 
 
________________________________ 
Date 
 
 
 
 
________________________________ 
Don Szczepaniak 
President and Chief Executive Officer 
Prismview, LLC 
 
 
________________________________ 
Date 


                                      7