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                         Federal Communications Commission            DA 18-654 
  
                                   Before the 
                         Federal Communications Commission 
                              Washington, DC 20554 
 
 In the Matter of                       )         
                                        )         
 NanoLumens, Inc.                       )        File No.:  EB-SED-17-00024696 
                                        )       Acct. No.:  201832100018 
                                        )       FRN:  0027619428 
                                         
                                    ORDER 
  
 Adopted:  September 4, 2018                            Released:  September 4, 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 NanoLumens, Inc. (NanoLumens) 
 marketed light-emitting diode (LED) signs used in digital billboards and other commercial and industrial 
 applications, without the required labeling in violation of the Commission s rules.  These rules ensure that 
 radio-frequency devices are properly labeled and tested for compliance under the Commission s technical 
 rules because those devices could easily cause interference if they do not conform to the Commission s 
 rules.  To settle this matter, NanoLumens admits that it marketed LED signs without the required 
 labeling, will implement a compliance plan, and will pay a $27,500 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 NanoLumens  compliance with the labeling 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 and 15.19 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 NanoLumens  basic qualifications to hold or obtain any Commission license or 
authorization.3 
      4.     Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,4 and the 
authority delegated by Sections 0.111 and 0.311 of the Commission s rules,5 the attached Consent Decree 
IS ADOPTED and its terms incorporated by reference. 
      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 (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 18-654 
  
       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 Richard Cope, Chief Executive 
Officer, NanoLumens, Inc., 4900 Avalon Ridge Parkway, Peachtree Corners, Georgia 30071. 
       

                               FEDERAL COMMUNICATIONS COMMISSION 
 
 
                                
  
                               Christopher L. Killion 
                               Deputy Chief 
                               Enforcement Bureau 
  


                                       2 
  
                         Federal Communications Commission            DA 18-654 

                                   Before the 
                         Federal Communications Commission 
                              Washington, D.C. 20554 
  
  
 In the Matter of                        )     
                                         )     
 NanoLumens, Inc.                        )       File No.:  EB-SED-17-00024696 
                                         )       Acct. No.:  201832100018 
                                         )       FRN:  0027619428 
                                         ) 
                                          
                               CONSENT DECREE 
  
       1.    The Enforcement Bureau of the Federal Communications Commission and NanoLumens, 
 Inc. (NanoLumens), by their authorized representatives, hereby enter into this Consent Decree for the 
 purpose of terminating the Enforcement Bureau s investigation into whether NanoLumens violated 
 Section 302(b) of the Communications Act of 1934, as amended (Act)1 and Sections 2.803 and 15.19 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 NanoLumens 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 NanoLumens who 
                perform, or supervise, oversee, or manage the performance of, duties that relate to 
                NanoLumens  responsibilities under the Communications Laws, including the 
                Equipment Marketing Rules. 

                                                      
 1 47 U.S.C.  302a(b). 
 2 47 CFR  2.803, 15.19.  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. 
                                                                     (continued& .) 
  
                         Federal Communications Commission            DA 18-654 
 

             (h)  Effective Date  means the date by which both the Bureau and NanoLumens have 
                signed the Consent Decree. 
             (i)  Equipment Marketing Rules  means Section 302(b) of the Act;4 Sections 2.803, 
                2.938 or 2.955, 2.1077, 15.19, 15.21, 15.101, and 15.105 of the Rules;5 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. 
             (j)  Investigation  means the investigation commenced by the Bureau in File No. EB-
                SED-17-00024696 regarding whether NanoLumens violated the Equipment 
                Marketing Rules.6 
             (k)  NanoLumens  or  Company  means NanoLumens, Inc. and its affiliates, 
                subsidiaries, predecessors-in-interest, and successors-in-interest. 
             (l)  Operating Procedures  means the standard internal operating procedures and 
                compliance policies established by NanoLumens to implement the Compliance Plan. 
             (m)  Parties  means NanoLumens and the Bureau, each of which is a  Party.  
             (n)  Rules  means the Commission s regulations found in Title 47 of the Code of 
                Federal Regulations. 
 II.   BACKGROUND 
       3.    Section 302 of the Act authorizes the Commission to promulgate reasonable regulations 
 to minimize harmful interference by equipment that emits radio frequency energy.7  Specifically, 
 Section 302(b) of the Act provides that  [n]o person shall manufacture, import, sell, offer for sale, or ship 
 devices or home electronic equipment and systems, or use devices, which fail to comply with regulations 
 promulgated pursuant to this section. 8  The purpose of Section 302 of the Act is to ensure that radio 
transmitters and other electronic devices meet certain standards to control interference before they reach 
the market. 
      4.    The Commission carries out its responsibilities under Section 302 of the Act in two ways.  
First, the Commission establishes technical requirements for transmitters and other equipment to 
minimize their potential for causing interference to authorized radio services.  Second, the Commission 
administers an equipment authorization program to ensure that equipment reaching the market in the 
United States complies with the technical and administrative requirements set forth in the Rules.  The 
equipment authorization program requires, among other things, that radio frequency devices must be 
tested for compliance with the applicable technical requirements prior to marketing.9  In that regard, 
 Section 2.803(b) of the Rules prohibits the marketing of radio frequency devices unless the device has 
                                                      
 4 Id.  302a(b). 
 5 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).   
 6 See, e.g., Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement 
Bureau, to Richard Cope, Chief Executive Officer, NanoLumens, Inc. (July 17, 2017) (revised on July 21, 2017, but 
retained the Company s obligation to respond to the revised letter in the timeframe stated in the original letter) 
(LOI); Supplemental Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC 
Enforcement Bureau, to Richard Cope, Chief Executive Officer, NanoLumens, Inc. (Oct. 4, 2017) (both on file in 
EB-SED-17-00024696). 
 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). 
                                                                     (continued& .) 
                                       2 
                         Federal Communications Commission            DA 18-654 
 

first been properly authorized, identified, and labeled in accordance with the Rules, with limited 
exceptions.10   
       5.    NanoLumens is a privately held Georgia corporation that manufactures, sells, and 
 imports light-emitting diode (LED) display signs.11  On July 17, 2017, after reviewing a complaint, the 
 Bureau s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to NanoLumens, directing it to 
 submit a sworn written response to a series of questions relating to its marketing of LED signs in the 
United States.12  The investigation revealed that NanoLumens violated the Equipment Marketing Rules by 
 marketing LED signs without the required labeling.13  After receiving the LOI, NanoLumens began to 
 bring its LED signs into compliance with the Commission s Equipment Marketing Rules.  The Company 
 achieved compliance with the relevant Equipment Marketing Rules in July 2017 for the LED signs at 
 issue.14 
      6.    The Bureau and NanoLumens 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.  NanoLumens 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, NanoLumens 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 NanoLumens 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 NanoLumens  basic qualifications to be a Commission licensee or hold Commission 
 licenses or authorizations.15 
       11.   Admission of Liability.  NanoLumens admits for the purpose of this Consent Decree and 
 for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 10 

                                                      
 10 See id.  2.803(b), (c). 
 11 See Letter of Inquiry Response from NanoLumens, Inc. to Christopher Sova, Deputy Chief, Investigations and 
 Hearings Division, FCC Enforcement Bureau (Aug. 4, 2017) at 2, 6, 8, 9 (LOI Response).   
 12 See supra note 6.   
 13 See, e.g., LOI Response; E-mail from Ted Heske, Director of Technology Strategy, NanoLumens, Inc. to Aspasia 
A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Aug. 7, 2017, 13:48 EDT); 
Supplemental Letter of Inquiry Response from NanoLumens, Inc., to Aspasia A. Paroutsas, Chief, Spectrum 
Enforcement Division, FCC Enforcement Bureau (Oct. 16, 2017) (all on file in EB-SED-17-00024696). 
 14 47 CFR  2.803, 15.19.   
 15 See 47 CFR  1.93(b). 
                                       3 
                         Federal Communications Commission            DA 18-654 
 

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, 
 NanoLumens 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 NanoLumens 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, NanoLumens 
 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, 
 NanoLumens will implement, at a minimum, the following procedures: 
             (a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
                NanoLumens shall establish Operating Procedures that all Covered Employees must 
                follow to help ensure NanoLumens  compliance with the Equipment Marketing 
                Rules.  NanoLumens  Operating Procedures shall include internal procedures and 
                policies specifically designed to ensure that all radio frequency devices to be 
                marketed by NanoLumens are properly authorized and compliant with the 
                applicable technical and administrative standards and requirements prior to the 
                initiation of marketing.16  Additionally, NanoLumens will establish a procedure for 
                retaining documentation supporting device compliance prior to the initiation of 
                marketing.17  NanoLumens 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 NanoLumens  compliance with the Equipment 
                Marketing Rules.  NanoLumens shall periodically review and revise the Compliance 
                Manual as necessary to ensure that the information set forth therein remains current 
                and accurate.  NanoLumens shall distribute any revisions to the Compliance Manual 
                promptly to all Covered Employees. 
             (c) Compliance Training Program.  NanoLumens 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 NanoLumens  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 

                                                      
 16 See supra note 9 and accompanying text. 
 17 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 18-654 
 

                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.  NanoLumens 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.  NanoLumens 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 NanoLumens 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 NanoLumens 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 Paul.Noone@fcc.gov. 
       15.   Compliance Reports.  NanoLumens 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 NanoLumens  
                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 NanoLumens, stating that the Compliance Officer has personal knowledge 
                that NanoLumens:  (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.18 
             (c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
                Officer, as an agent of and on behalf of NanoLumens, 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 NanoLumens 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 NanoLumens 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 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 Paul.Noone@fcc.gov. 


                                                      
 18 47 CFR  1.16. 
                                       5 
                         Federal Communications Commission            DA 18-654 
 

       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.  NanoLumens will pay a civil penalty to the United States Treasury in the 
 amount of twenty-seven thousand five hundred dollars ($27,500).  Such payment shall be made in four 
 installments (each, an Installment Payment).   
       "   The first Installment Payment in the amount of six thousand eight hundred seventy-five 
         dollars ($6,875) is due within thirty (30) calendar days of the Effective Date.  
      "   The second Installment Payment in the amount of six thousand eight hundred seventy-five 
         dollars ($6,875) is due within one hundred and twenty (120) calendar days of the Effective 
         Date. 
      "   The third Installment Payment in the amount of six thousand eight hundred seventy-five 
         dollars ($6,875) is due within two hundred and ten (210) calendar days of the Effective Date. 
      "   The fourth Installment Payment in the amount of six thousand eight hundred seventy-five 
         dollars ($6,875) is due within three hundred (300) calendar days of the Effective Date. 
      NanoLumens 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).19  Upon an Event of Default (as defined below), all procedures for collection as permitted by 
 law may, at the Commission s discretion, be initiated.  NanoLumens shall send electronic notification of 
 payment to Paul Noone at paul.noone@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.20  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. 
       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.  

                                                      
 19 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 
 20 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 18-654 
             

      18.   Event of Default.  NanoLumens agrees that an Event of Default shall occur upon the 
failure by NanoLumens 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 NanoLumens. 
      20.   Waivers.  As of the Effective Date, NanoLumens 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.  NanoLumens 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 NanoLumens nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and NanoLumens shall waive any statutory right to 
a trial de novo.  NanoLumens hereby agrees to waive any claims it may otherwise have under the Equal 
Access to Justice Act21 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 NanoLumens does not expressly 
consent) that provision will be superseded by such Rule or Order. 
      24.   Successors and Assigns.  NanoLumens agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees. 
      25.   Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.    
      26.   Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties. 
      27.   Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree. 
      28.   Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions. 

                                                     
21 See 5 U.S.C.  504; 47 CFR  1.1501 1.1530. 
                                      7 
                        Federal Communications Commission            DA 18-654 
             

      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 
 
 
 
 
________________________________ 
Richard Cope 
Chief Executive Officer 
NanoLumens, Inc. 
 
 
________________________________ 
Date 


                                      8