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Federal Communications Commission DA 18-656
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Yaham LED USA, Inc. ) File No.: EB-SED-17-00024698
) Acct. No.: 201832100020
) FRN: 0027542737
)
)
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 Yaham LED USA, Inc, d/b/a Yaham LED
USA (Yaham), 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. 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, Yaham 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 $20,000 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 Yaham 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 Yaham 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 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, 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 (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 18-656
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 Henry Zhang, Registered Agent,
Yaham LED USA, Inc., 5525 S. Valley View Boulevard, Suite 9, Las Vegas, NV 89118, and Aaron P.
Shainis, Esq., Counsel to Yaham LED USA, Inc., Shainis & Peltzman, Chartered, 1850 M Street NW,
Suite 240, Washington, DC 20036.
FEDERAL COMMUNICATIONS COMMISSION
Christopher L. Killion
Deputy Chief
Enforcement Bureau
2
Federal Communications Commission DA 18-656
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Yaham LED USA, Inc. ) File No.: EB-SED-17-00024698
) Acct. No.: 201832100020
) FRN: 0027542737
)
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Yaham LED
USA, Inc., d/b/a Yaham LED USA (Yaham), by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Enforcement Bureau s investigation into whether
Yaham violated 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 (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 Yaham 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 Yaham who perform, or
supervise, oversee, or manage the performance of, duties that relate to Yaham s
responsibilities under the Communications Laws, including the Equipment
Marketing Rules.
1 47 U.S.C. 302a(b).
2 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 (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 18-656
(h) Effective Date means the date by which both the Bureau and Yaham 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-17-00024698 regarding whether Yaham violated the Equipment Marketing
Rules.6
(k) Operating Procedures means the standard internal operating procedures and
compliance policies established by Yaham to implement the Compliance Plan.
(l) Parties means Yaham and the Bureau, each of which is a Party.
(m) Rules means the Commission s regulations found in Title 47 of the Code of
Federal Regulations.
(n) Yaham or Company means Yaham LED USA, Inc. and its affiliates,
subsidiaries, predecessors-in-interest, and successors-in-interest.
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., Revised Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, to Mr. Henry Zhang, Registered Agent, Yaham LED USA (Aug. 28, 2017); Supplemental
Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Mr. Aaron P. Shainis, Counsel for Yaham LED USA (Nov. 8, 2017) (both on file in EB-SED-17-00024698).
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).
2
Federal Communications Commission DA 18-656
first been properly authorized, identified, and labeled in accordance with the Rules, with limited
exceptions.10
5. Yaham is a privately held company that advertises and sells fully-assembled light-
emitting diode (LED) signs.11 On July 17, 2017, after reviewing a complaint, the Bureau s Spectrum
Enforcement Division issued a Letter of Inquiry (LOI) to Yaham, 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 Yaham 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.13 Prior to receiving the LOI, Yaham ceased importing and marketing one
model that had caused interference.14 After receiving the LOI, Yaham began the process of bringing its
LED signs into compliance with the Equipment Marketing Rules by marketing them with the proper
labels and user manual disclosures.15 The Company achieved compliance with the relevant Equipment
Marketing Rules on June, 20, 2018, for the LED signs at issue.16
6. The Bureau and Yaham 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. Yaham 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, Yaham 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
10 See id. 2.803(b), (c).
11 See Yaham, Yaham LED USA Service Center, http://www.yaham.com/about-86.html (last visited June 19, 2018).
12 See supra note 6.
13 See Letter of Inquiry Response from Aaron P. Shainis, Counsel for Yaham LED USA, to Christopher Sova,
Deputy Chief, Investigations and Hearings Division, FCC Enforcement Bureau, (Oct. 2, 2017) (LOI Response);
Supplemental Letter of Inquiry Response from Aaron P. Shainis, Counsel for Yaham LED USA, to Marlene H.
Dortch, Secretary, FCC (Jan. 19, 2018) (Supplemental LOI Response).
14 LOI Response at 4; Supplemental LOI Response at 17.
15 E-mail from Aaron P. Shainis, Counsel for Yaham LED USA, to Jonathan Garvin, Attorney Advisor, Spectrum
Enforcement Division, Enforcement Bureau, FCC (Mar. 30, 2018, 10:20 EDT).
16 See E-mail from Aaron P. Shainis, Counsel for Yaham LED USA, to Maureen McCarthy, Attorney Advisor,
Spectrum Enforcement Division, Enforcement Bureau, FCC (June 12, 2018, 12:34 EDT); E-mail from Aaron P.
Shainis, Counsel for Yaham LED USA, to Maureen McCarthy, Attorney Advisor, Spectrum Enforcement Division,
Enforcement Bureau, FCC (June 20, 2018, 15:31 EDT); E-mail from Aaron P. Shainis, Counsel for Yaham LED
USA, to Maureen McCarthy, Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, FCC (June
21, 2018, 12:08 EDT). Cf. 47 CFR 2.803, 2.955, 15.19, 15.21, 15.101, 15.105 (2017).
3
Federal Communications Commission DA 18-656
informal, or take any action on its own motion against Yaham 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 Yaham s basic qualifications to be a Commission licensee or hold Commission licenses or
authorizations.17
11. Admission of Liability. Yaham 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, Yaham
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 Yaham 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, Yaham 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, Yaham
will implement, at a minimum, the following procedures:
(a) Operating Procedures. Within thirty (30) calendar days after the Effective Date,
Yaham shall establish Operating Procedures that all Covered Employees must
follow to help ensure Yaham s compliance with the Equipment Marketing Rules.
Yaham s Operating Procedures shall include internal procedures and policies
specifically designed to ensure that all radio frequency devices to be marketed by
Yaham are properly authorized and compliant with the applicable technical and
administrative standards and requirements prior to the initiation of marketing.18
Additionally, Yaham will establish a procedure for retaining documentation
supporting device compliance prior to the initiation of marketing.19 Yaham 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 Yaham s compliance with the Equipment Marketing
Rules. Yaham shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains current and
accurate. Yaham shall distribute any revisions to the Compliance Manual promptly
to all Covered Employees.
17 See 47 CFR 1.93(b).
18 See supra note 9 and accompanying text.
19 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 18-656
(c) Compliance Training Program. Yaham 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 Yaham 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. Yaham 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. Yaham 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 Yaham 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
Yaham 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 Maureen.McCarthy@fcc.gov.
15. Compliance Reports. Yaham 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 Yaham 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 Yaham, stating that the Compliance Officer has personal knowledge that Yaham:
(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.20
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of Yaham, 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 Yaham 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 Yaham has taken or will take to prevent the recurrence
20 47 CFR 1.16.
5
Federal Communications Commission DA 18-656
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 Maureen.McCarthy@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. Yaham will pay a civil penalty to the United States Treasury in the
amount of twenty thousand dollars ($20,000). Such payment shall be made in eight (8) installments
(each, an Installment Payment).
" The first Installment Payment in the amount of two thousand five hundred dollars ($2,500) is
due within thirty (30) calendar days of the Effective Date.
" The second Installment Payment in the amount of two thousand five hundred dollars ($2,500)
is due on or before Friday, September 28, 2018.
" The third Installment Payment in the amount of two thousand five hundred dollars ($2,500) is
due on or before Friday, December 28, 2018.
" The fourth Installment Payment in the amount of two thousand five hundred dollars ($2,500)
is due on or before Friday, March 29, 2018.
" The fifth Installment Payment in the amount of two thousand five hundred dollars ($2,500) is
due on or before Friday, June 28, 2019.
" The sixth Installment Payment in the amount of two thousand five hundred dollars ($2,500) is
due on or before Friday, September 27, 2019.
" The seventh Installment Payment in the amount of two thousand five hundred dollars
($2,500) is due on or before Friday, December 27, 2019.
" The eighth Installment Payment in the amount of two thousand five hundred dollars ($2,500)
is due on or before Friday, March 27, 2020.
Yaham 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).21
Upon an Event of Default (as defined below), all procedures for collection as permitted by law may, at the
Commission s discretion, be initiated. Yaham shall send electronic notification of payment to Maureen
McCarthy at Maureen.McCarthy@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.22 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
21 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
22 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 18-656
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. Event of Default. Yaham agrees that an Event of Default shall occur upon the failure by
Yaham 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 Yaham.
20. Waivers. As of the Effective Date, Yaham 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. Yaham 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 Yaham nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and Yaham shall waive any statutory right to a trial de novo.
Yaham hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act23
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
23 See 5 U.S.C. 504; 47 CFR 1.1501 1.1530.
7
Federal Communications Commission DA 18-656
specifically intended to revise the terms of this Consent Decree to which Yaham does not expressly
consent) that provision will be superseded by such Rule or Order.
24. Successors and Assigns. Yaham 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.
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
________________________________
Henry Zhang
Registered Agent
Yaham LED USA, Inc.
________________________________
Date
8