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                        Federal Communications Commission            DA 18-626 

                                  Before the 
                        Federal Communications Commission 
                             Washington, D.C. 20554 
 
In the Matter of                       )     
                                       )     
D3 LED, LLC                            )       File No.:  EB-SED-17-00024699 
                                       )       Acct. No.:  201832100023 
                                       )       FRN:  0027647460 
                                       ) 
                                        
                                   ORDER 
 
Adopted:  July 18, 2018                                    Released:  July 18, 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 D3 LED, LLC (D3 LED) 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 equipment authorization, labeling, and user 
manual disclosures in violation of the Commission s rules.  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, D3 LED 
admits that it marketed LED signs without the required equipment authorization, labeling, and user 
manual disclosures, will implement a compliance plan, and will pay a $40,000 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 D3 LED s compliance with the equipment authorization, 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, 2.955, 15.19, 15.21, 15.101, 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 D3 LED 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, 2.955, 15.19, 15.21, 15.101, 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 (July 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 18-626 
 

      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 George Pappas, Chief Executive 
Officer, D3 LED, LLC, 11370 Sunrise Park Drive, Rancho Cordova, CA 95742, and to Heather King, 
Boise Schiller Flexner LLP, Counsel for D3 LED, LLC, 435 Tasso Street, Ste. 205, Palo Alto, CA 94301. 
                               
 
                              FEDERAL COMMUNICATIONS COMMISSION 
 
 
 
 
                              Christopher L. Killion 
                              Deputy Chief  
                              Enforcement Bureau


                                      2 
                        Federal Communications Commission            DA 18-626 

                                  Before the 
                        Federal Communications Commission 
                             Washington, D.C. 20554 
 
 
In the Matter of                       )     
                                       )     
D3 LED, LLC                            )       File No.:  EB-SED-17-00024699 
                                       )       Acct. No.:  201832100023 
                                       )       FRN:  0027647460 
                                       ) 
                                        
                              CONSENT DECREE 
 
      1.    The Enforcement Bureau of the Federal Communications Commission and D3 LED, 
LLC (D3 LED), by their authorized representatives, hereby enter into this Consent Decree for the purpose 
of terminating the Enforcement Bureau s investigation into whether D3 LED violated Section 302(b) of 
the Communications Act of 1934, as amended (Act),6 and Sections 2.803, 2.955, 15.19, 15.21, 15.101, 
and 15.105 of the Commission s rules.7  
I.    DEFINITIONS 
      2.    For the purposes of this Consent Decree, the following definitions shall apply: 
            (a)  Act  means the Communications Act of 1934, as amended.8 
            (b)  Adopting Order  means an order of the Bureau adopting the terms of this Consent 
               Decree without change, addition, deletion, or modification. 
            (c)  Bureau  means the Enforcement Bureau of the Federal Communications 
               Commission. 
            (d)  Commission  and  FCC  mean the Federal Communications Commission and all 
               of its bureaus and offices. 
            (e)  Communications Laws  means collectively, the Act, the Rules, and the published 
               and promulgated orders and decisions of the Commission to which D3 LED 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 D3 LED who perform, or 
               supervise, oversee, or manage the performance of, duties that relate to D3 LED s 
               responsibilities under the Communications Laws, including the Equipment 
               Marketing Rules. 

                                                     
6 47 U.S.C.  302a(b). 
7 47 CFR  2.803, 2.955, 15.19, 15.21, 15.101, 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. 
8 47 U.S.C.  151 et seq. 

 
                        Federal Communications Commission            DA 18-626 
 

            (h)  D3 LED  or  Company  means D3 LED, LLC and its affiliates, subsidiaries, 
               predecessors-in-interest, and successors-in-interest. 
            (i)  Effective Date  means the date by which both the Bureau and D3 LED have signed 
               the Consent Decree. 
            (j)  Equipment Marketing Rules  means Section 302(b) of the Act;9 Sections 2.803, 
               2.938 or 2.955, 2.1077, 15.19, 15.21, 15.101, and 15.105 of the Rules;10 and other 
               provisions of the Act, the Rules, and Commission orders related to the authorization 
               of radio frequency devices and the marketing of such devices. 
            (k)  Investigation  means the investigation commenced by the Bureau in File No. EB-
               SED-17-00024699 regarding whether D3 LED violated the Equipment Marketing 
               Rules.11 
            (l)  Operating Procedures  means the standard internal operating procedures and 
               compliance policies established by D3 LED to implement the Compliance Plan. 
            (m)  Parties  means D3 LED 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.12  Specifically, Section 
302(b) of the Act provides that  [n]o person shall manufacture, import, sell, offer for sale, or ship devices 
or home electronic equipment and systems, or use devices, which fail to comply with regulations 
promulgated pursuant to this section. 13  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.14  In that regard, 
Section 2.803(b) of the Rules prohibits the marketing of radio frequency devices unless the device has 

                                                     
9 Id.  302a(b). 
10 47 CFR  2.803, 2.938, 2.1077, 15.19, 15.101 (2018); id.  2.803, 2.955, 15.19, 15.21, 15.101, 15.105 (2017).   
11 See, e.g., Revised Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC 
Enforcement Bureau, to George Pappas, Managing Partner, D3 LED, LLC (July 21, 2017) (LOI); Supplemental 
Letter from of Inquiry Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to 
Heather King, Boise Schiller Flexner LLP, Counsel for D3 LED, LLC (Sept. 29, 2017) (both on file in EB-SED-17-
00024699). 
12 47 U.S.C.  302a. 
13 Id.  302a(b). 
14 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). 

                                      2 
                        Federal Communications Commission            DA 18-626 
 

first been properly authorized, identified, and labeled in accordance with the Rules, with limited 
exceptions.15   
      5.    D3 LED is a California-based company that  develops integrated, market-specific LED 
[light-emitting diode] digital display solutions and products  by  designing, engineering, and installing 
LED displays, as well as managing and servicing . . . display systems. 16  It markets both custom and 
existing LED display products.17  On July 12, 2017, after reviewing a complaint, the Bureau s Spectrum 
Enforcement Division issued a Letter of Inquiry (LOI) to D3 LED, directing it to submit a sworn written 
response to a series of questions relating to its marketing of LED signs in the United States.18  The 
investigation revealed that D3 LED violated the Equipment Marketing Rules by marketing LED signs 
without the required equipment authorization, labeling, and user manual disclosures, and by failing to 
retain required test records.19  After receiving the LOI, D3 acted swiftly to bring the models at issue into 
compliance with the Commission s Equipment Marketing Rules.  D3 ensured that each of these models 
was properly tested, authorized, and accompanied by the proper labels and user manual disclosures.  
Additionally, D3 undertook remedial measures to provide the required labeling and user manual 
disclosures for displays that had been sold within the United States in the past.  D3 did not receive any 
complaints of interference concerning any model marketed by the Company during the period covered by 
the Investigation.  The Company achieved full compliance with the relevant Equipment Marketing Rules 
in August 2017 for the LED signs at issue.20 
      6.    The Bureau and D3 LED 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.  D3 LED 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, D3 LED 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 

                                                     
15 See id.  2.803(b), (c). 
16 D3 LED, LLC, About D3, http://www.d3led.com/about html (last visited June 13, 2018). 
17 Id. 
18 See supra note 6.   
19 See, e.g., Letter of Inquiry Response from Heather King and Samuel Hall, Boise Schiller Flexner LLP, Counsel 
for D3 LED, LLC, to Marlene H. Dortch, Secretary, FCC and to Aspasia Paroutsas, Chief, Spectrum Enforcement 
Division, FCC Enforcement Bureau (Aug. 23, 2017); Supplemental Letter of Inquiry Response from Heather King 
and Samuel Hall, Boise Schiller Flexner LLP, Counsel for D3 LED, LLC, to Marlene H. Dortch, Secretary, FCC 
and to Aspasia Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Oct. 23, 2017) (both 
on file in EB-SED-17-00024699). 
20 Cf. 47 CFR  2.803, 2.955, 15.19, 15.21, 15.101, 15.105 (2017).   

                                      3 
                        Federal Communications Commission            DA 18-626 
 

informal, or take any action on its own motion against D3 LED 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 D3 LED s basic qualifications to be a Commission licensee or hold Commission licenses 
or authorizations.21 
      11.   Admission of Liability.  D3 LED 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 Marketing Rules in effect during 
the Investigation. 
      12.   Compliance Officer.  Within thirty (30) calendar days after the Effective Date, D3 LED 
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 D3 LED 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. 
      13.   Compliance Plan.  For purposes of settling the matters set forth herein, D3 LED 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, D3 LED 
will implement, at a minimum, the following procedures: 
            (a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
               D3 LED shall establish Operating Procedures that all Covered Employees must 
               follow to help ensure D3 LED s compliance with the Equipment Marketing Rules.  
               D3 LED s Operating Procedures shall include internal procedures and policies 
               specifically designed to ensure that all radio frequency devices to be marketed by 
               D3 LED are properly authorized and compliant with the applicable technical and 
               administrative standards and requirements prior to the initiation of marketing.22  
               Additionally, D3 LED will establish a procedure for retaining documentation 
               supporting device compliance prior to the initiation of marketing.23  D3 LED 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 D3 LED s compliance with the Equipment Marketing 
               Rules.  D3 LED shall periodically review and revise the Compliance Manual as 
               necessary to ensure that the information set forth therein remains current and 
               accurate.  D3 LED shall distribute any revisions to the Compliance Manual 
               promptly to all Covered Employees. 
                                                     
21 See 47 CFR  1.93(b). 
22 See supra note 9 and accompanying text. 
23 See 47 CFR  2.938, 2.945 (2018); id.  2.955 (2017); see also Equipment Authorization Order, 32 FCC Rcd at 
8786-88, Appx. A. 

                                      4 
                        Federal Communications Commission            DA 18-626 
 

            (c) Compliance Training Program.  D3 LED 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 D3 LED 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.  D3 LED 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.  D3 LED 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 D3 LED 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 D3 
LED has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
noncompliance shall be submitted to Matthew L. Conaty, 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 Kevin.Pittman@fcc.gov. 
      15.   Compliance Reports.  D3 LED 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 D3 LED 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 D3 LED, stating that the Compliance Officer has personal knowledge that D3 
               LED:  (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.24 
            (c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
               Officer, as an agent of and on behalf of D3 LED, 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 D3 LED 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 D3 LED has taken or will take to prevent the 

                                                     
24 47 CFR  1.16. 

                                      5 
                        Federal Communications Commission            DA 18-626 
 

               recurrence of any such noncompliance, including the schedule on which such 
               preventive action will be taken. 
           (d) All Compliance Reports shall be submitted to Matthew L. Conaty, 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 Kevin.Pittman@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.  D3 LED will pay a civil penalty to the United States Treasury in the 
amount of forty thousand dollars ($40,000).  Such payment shall be made in four installments (each an 
Installment Payment).  The first Installment Payment in the amount of ten thousand dollars ($10,000) is 
due within thirty (30) calendar days of the Effective Date.  The second Installment Payment in the amount 
of ten thousand dollars ($10,000) shall be paid within two (2) months of the Effective Date.  The third 
Installment Payment in the amount of ten thousand dollars ($10,000) shall be paid within three (3) months 
of the Effective Date.  The fourth and final Installment Payment in the amount of ten thousand dollars 
($10,000) shall be paid within four (4) months of the Effective Date.  D3 LED 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).25  Upon an Event of Default (as defined 
below), all procedures for collection as permitted by law may, at the Commission s discretion, be 
initiated.  D3 LED shall send electronic notification of payment to Kevin Pittman at 
kevin.pittman@fcc.gov and to SED s mailbox at EB-SED-Response@fcc.gov on the date each 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.26  When completing the FCC Form 
159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters  FORF  in 
block number 24A (payment type code).  Below are additional instructions that should be followed based 
on the form of payment selected: 
      "   Payment by check or money order must be made payable to the order of the Federal 
         Communications Commission.  Such payments (along with the completed Form 159) must be 
         mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
         9000, or sent via overnight mail to U.S. Bank   Government Lockbox #979088, 
         SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 
      "   Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
         TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
         appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
         at (314) 418-4232 on the same business day the wire transfer is initiated. 
      "   Payment by credit card must be made by providing the required credit card information on 
         FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
         The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
         Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank   
         Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
         63101. 

                                                     
25 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 
26 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf. 

                                      6 
                        Federal Communications Commission            DA 18-626 
 

      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.   Event of Default.  D3 LED agrees that an Event of Default shall occur upon the failure 
by D3 LED 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 D3 LED. 
      20.   Waivers.  As of the Effective Date, D3 LED 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.  D3 LED 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 D3 LED nor the Commission shall contest the validity of the 
Consent Decree or the Adopting Order, and D3 LED shall waive any statutory right to a trial de novo.  D3 
LED hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act27 
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 D3 LED does not expressly 
consent) that provision will be superseded by such Rule or Order. 
      24.   Successors and Assigns.  D3 LED 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. 

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

                                      7 
                        Federal Communications Commission            DA 18-626 
 

      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. 
      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 
Deputy Chief 
Enforcement Bureau 
 
________________________________ 
Date 
 
 
 
 
________________________________ 
George Pappas 
Chief Executive Officer 
D3 LED, LLC 
 
________________________________ 
Date 
 
 


                                      8