Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                        Federal Communications Commission            DA 18-696 

                                  Before the 
                        Federal Communications Commission 
                             Washington, D.C. 20554 
 
 
In the Matter of                       )     
                                       )     
Electro-Matic Visual, Inc              )    File No.:  EB-SED-17-00024698 
                                       )    Acct. No.:  201832100024 
                                       )    FRN:  0027639079 
                                       ) 
                                       ) 
                                       ) 
                                       ) 
 
                                   ORDER 
 
Adopted:  August 3, 2018                                  Released:  August 3, 2018 
 
By the 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 Electro-Matic Visual, Inc. 
(Electro-Matic) 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, Electro-Matic admits that 
it marketed LED signs without the required equipment authorizations, labeling, and user manual 
disclosures, will implement a compliance plan, and will pay a $105,000 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 Electro-Matic 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 Electro-Matic s basic qualifications to hold or obtain any Commission license or 
authorization.3  


                                                     
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). 

 
                        Federal Communications Commission            DA 18-696 
 

      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. 
      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 Laura H. Phillips, Drinker Biddle & 
Reath LLP, 1500 K St., NW, Suite 1100, Washington, DC  20005-1200, and David J. Scaglione, 
President, Electro-Matic Visual, Inc., 23660 Industrial Park Drive, Farmington Hills, MI  48335. 
 
 
                                    FEDERAL COMMUNICATIONS COMMISSION 
 
 
 
 
                                    Rosemary C. Harrold 
                                    Chief 
                                    Enforcement Bureau 
 


                                                     
4 47 U.S.C.  154(i). 
5 47 CFR  0.111, 0.311. 

                                      2 
                        Federal Communications Commission            DA 18-696 
 

                                  Before the 
                        Federal Communications Commission 
                             Washington, D.C. 20554 
 
 
In the Matter of                       )     
                                       )     
Electro-Matic Visual, Inc.             )       File No.:  EB-SED-17-00024693 
                                       )       Acct. No.:  201832100024 
                                       )       FRN:  0027639079 
                                       ) 
                                        
                              CONSENT DECREE 
 
      1.    The Enforcement Bureau of the Federal Communications Commission and Electro-Matic 
Visual, Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose of 
terminating the Enforcement Bureau s investigation into whether Electro-Matic 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.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 Electro-Matic 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 Electro-Matic who 
               perform, or supervise, oversee, or manage the performance of, duties that relate to 
               Electro-Matic 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 18-696 

            (h)  Effective Date  means the date by which both the Bureau and Electro-Matic have 
               signed the Consent Decree. 
            (i)  Electro-Matic  or  Company  means Electro-Matic Visual, Inc., and its affiliates, 
               subsidiaries, predecessors-in-interest, and successors-in-interest. 
            (j)  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. 
            (k)  Investigation  means the investigation commenced by the Bureau in File No. EB-
               SED-17-00024693 regarding whether Electro-Matic violated the Equipment 
               Marketing Rules.6 
            (l)  Operating Procedures  means the standard internal operating procedures and 
               compliance policies established by Electro-Matic to implement the Compliance 
               Plan. 
            (m)  Parties  means Electro-Matic 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., Revised Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC 
Enforcement Bureau, to Jim Baker, Chief Executive Officer, Electro-Matic Products, Inc. (July 21, 2017) (LOI) (on 
file in EB-SED-17-00024693). 
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 18-696 

first been properly authorized, identified, and labeled in accordance with the Rules, with limited 
exceptions.10   
      5.    Electro-Matic is a Michigan-based company that imports light-emitting diode (LED) 
modules for assembly into LED signs, which the company then advertises and sells.11  On July 12, 2017, 
after reviewing a complaint, the Bureau s Spectrum Enforcement Division issued a Letter of Inquiry 
(LOI) to Electro-Matic, 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 Electro-Matic violated 
the Equipment Marketing Rules by marketing LED signs without the required equipment authorizations, 
labeling, and user manual disclosures, and by failing to retain required test records.13  After receiving the 
LOI, Electro-Matic began the process of bringing its LED signs into compliance with the Equipment 
Marketing Rules by obtaining authorization for models that had not been properly authorized and 
marketing the equipment with the proper labels and user manual disclosures.14  The Company achieved 
compliance with the relevant Equipment Marketing Rules in February 2018 for the LED signs at issue.15 
      6.    The Bureau and Electro-Matic 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.  Electro-Matic 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, Electro-Matic 
                                                     
10 See id.  2.803(b), (c). 
11 See Letter of Inquiry Response from Laura Philips and Lee Petro, Drinker Biddle & Reath LLP, Counsel for 
Electro-Matic Visual, Inc., to Marlene H. Dortch, Secretary, FCC (Aug. 16, 2017) (LOI Response) (on file in EB-
SED-17-00024693). 
12 See supra note 6.   
13 See, e.g., LOI Response; Supplemental Letter of Inquiry Response from Laura Philips and Lee Petro, Drinker 
Biddle & Reath LLP, Counsel for Electro-Matic Visual, Inc., to Marlene H. Dortch, Secretary, FCC (Sept. 27, 
2017); Supplemental Letter of Inquiry Response from Laura Philips and Lee Petro, Drinker Biddle & Reath LLP, 
Counsel for Electro-Matic Visual, Inc., to Marlene H. Dortch, Secretary, FCC (Oct. 6, 2017); Supplemental Letter of 
Inquiry Response from Laura Philips and Lee Petro, Drinker Biddle & Reath LLP, Counsel for Electro-Matic 
Visual, Inc., to Marlene H. Dortch, Secretary, FCC (Oct. 20, 2017); Supplemental Letter of Inquiry Response from 
Laura Philips and Lee Petro, Drinker Biddle & Reath LLP, Counsel for Electro-Matic Visual, Inc., to Marlene H. 
Dortch, Secretary, FCC (Nov. 28, 2017); Supplemental Letter of Inquiry Response from Laura Philips and Lee 
Petro, Drinker Biddle & Reath LLP, Counsel for Electro-Matic Visual, Inc., to Marlene H. Dortch, Secretary, FCC 
(Feb. 21, 2018) (all on file in EB-SED-17-00024693). 
14 Id.; see also Supplemental Letter of Inquiry Response from Laura Philips and Lee Petro, Drinker Biddle & Reath 
LLP, Counsel for Electro-Matic Visual, Inc., to Marlene H. Dortch, Secretary, FCC (Apr. 4, 2018) (on file in EB-
SED-17-00024693). 
15 Cf. 47 CFR  2.803, 2.955, 15.19, 15.21, 15.101, 15.105 (2017).   

                                      3 
                        Federal Communications Commission            DA 18-696 

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 Electro-Matic 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 Electro-Matic s basic qualifications to be a Commission licensee or hold 
Commission licenses or authorizations.16 
      11.   Admission of Liability.  Electro-Matic 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, Electro-
Matic 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 Electro-Matic 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, Electro-Matic 
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, Electro-
Matic will implement, at a minimum, the following procedures: 
            (a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
               Electro-Matic shall establish Operating Procedures that all Covered Employees must 
               follow to help ensure Electro-Matic s compliance with the Equipment Marketing 
               Rules.  Electro-Matic s Operating Procedures shall include internal procedures and 
               policies specifically designed to ensure that all radio frequency devices to be 
               marketed by Electro-Matic are properly authorized and compliant with the 
               applicable technical and administrative standards and requirements prior to the 
               initiation of marketing.17  Additionally, Electro-Matic will establish a procedure for 
               retaining documentation supporting device compliance prior to the initiation of 
               marketing.18  Electro-Matic 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 Electro-Matic s compliance with the Equipment 
                                                     
16 See 47 CFR  1.93(b). 
17 See supra note 9 and accompanying text. 
18 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 18-696 

               Marketing Rules.  Electro-Matic shall periodically review and revise the 
               Compliance Manual as necessary to ensure that the information set forth therein 
               remains current and accurate.  Electro-Matic shall distribute any revisions to the 
               Compliance Manual promptly to all Covered Employees. 
            (c) Compliance Training Program.  Electro-Matic 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 Electro-Matic 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.  Electro-Matic 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.  Electro-Matic 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 Electro-Matic 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 Electro-Matic 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 Eric.Ehrenreich@fcc.gov. 
      15.   Compliance Reports.  Electro-Matic 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 Electro-Matic 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 Electro-Matic, stating that the Compliance Officer has personal knowledge 
               that Electro-Matic:  (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.19 
            (c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
               Officer, as an agent of and on behalf of Electro-Matic, shall provide the Commission 

                                                     
19 47 CFR  1.16. 

                                      5 
                        Federal Communications Commission            DA 18-696 

               with a detailed explanation of the reason(s) why and describe fully:  (i) each 
               instance of noncompliance; (ii) the steps that Electro-Matic 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 Electro-Matic 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 Eric.Ehrenreich@fcc.gov. 
      16.   Termination Date.  Unless stated otherwise, the requirements set forth in paragraphs 12 
through 15 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.   
      17.   Civil Penalty.  Electro-Matic will pay a civil penalty to the United States Treasury in the 
amount of one hundred and five thousand dollars ($105,000) within thirty (30) calendar days of the 
Effective Date.  Electro-Matic shall send electronic notification of payment to Eric Ehrenreich at 
Eric.Ehrenreich@fcc.gov and to SED s mailbox at EB-SED-Response@fcc.gov on the date said payment 
is made.  The payment must be made by check or similar instrument, wire transfer, or credit card, and 
must include the Account Number and FRN referenced above.  Regardless of the form of payment, a 
completed FCC Form 159 (Remittance Advice) must be submitted.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.  
      18.   Waivers.  As of the Effective Date, Electro-Matic 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.  Electro-Matic 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 

                                                     
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 18-696 

Consent Decree or the Adopting Order, neither Electro-Matic nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and Electro-Matic shall waive any statutory right to 
a trial de novo.  Electro-Matic 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. 
      19.   Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly. 
      20.   Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding. 
      21.   Subsequent Rule or Order.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Electro-Matic does not expressly 
consent) that provision will be superseded by such Rule or Order. 
      22.   Successors and Assigns.  Electro-Matic agrees that the provisions of this Consent 
Decree shall be binding on its successors, assigns, and transferees. 
      23.   Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.    
      24.   Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties. 
      25.   Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree. 
      26.   Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions. 


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

                                      7 
                        Federal Communications Commission            DA 18-696 

      27.   Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument. 
 
 
 
________________________________ 
Rosemary C. Harold 
Chief 
Enforcement Bureau 
 
 
________________________________ 
Date 
 
 
 
 
________________________________ 
Mario J. Barraco 
Secretary 
Electro-Matic Visual, Inc. 
 
________________________________ 
Date 


                                      8