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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. 
 
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Date 


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