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Federal Communications Commission DA 18-791

Before the
Federal Communications Commission
Washington, DC 20554

In the Matter of )
)
Absen Inc. ) File No.: EB-SED-17-00024689
) Acct. No.: 201832100026
) FRN: 0027727197

ORDER

Adopted: August 8, 2018 Released: August 8, 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 Absen Inc. (Absen) 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, and by failing to produce certain required test records. 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,
Absen admits that it violated the Commission s rules, will implement a compliance plan, and will pay a
$55,000 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 Absen s compliance with the equipment authorization, labeling, user
manual disclosure, and record retention 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 Absen 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 18-791

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 Dennis Ren, President, Absen Inc.,
7120 Lake Ellenor Drive, Orlando, Florida 32809, and to Bernadette M. Rappold, Esq., Greenberg
Traurig, LLP, 2101 L Street NW, Suite 1000, Washington, DC 20037.

FEDERAL COMMUNICATIONS COMMISSION

Christopher L. Killion
Deputy Chief
Enforcement Bureau

2
Federal Communications Commission DA 18-791

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of )
)
Absen Inc. ) File No.: EB-SED-17-00024689
) Acct. No.: 201832100026
) FRN: 0027727197
)

CONSENT DECREE

1. The Enforcement Bureau of the Federal Communications Commission and Absen Inc.,
by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating
the Enforcement Bureau s investigation into whether Absen violated Section 302(b) of the
Communications Act of 1934, as amended,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) Absen or Company means Absen Inc. and its affiliates, subsidiaries,
predecessors-in-interest, and successors-in-interest.
(b) Act means the Communications Act of 1934, as amended.3
(c) Adopting Order means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(d) Bureau means the Enforcement Bureau of the Federal Communications
Commission.
(e) Commission and FCC mean the Federal Communications Commission and all
of its bureaus and offices.
(f) Communications Laws means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which Absen is subject
by virtue of its business activities, including but not limited to the Equipment
Marketing Rules.
(g) Compliance Plan means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 13.
(h) Covered Employees means all employees and agents of Absen who perform, or
supervise, oversee, or manage the performance of, duties that relate to Absen s

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 (July 2017) (Equipment Authorization Order). This settlement resolves violations prior to the
effective date of the amended rules and sets forth obligations for compliance with the current rules.
3 47 U.S.C. 151 et seq.
Federal Communications Commission DA 18-791

responsibilities under the Communications Laws, including the Equipment
Marketing Rules.
(i) Effective Date means the date by which both the Bureau and Absen have signed
the Consent Decree.
(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-17-00024689 regarding whether Absen violated the Equipment Marketing
Rules.6
(l) Operating Procedures means the standard internal operating procedures and
compliance policies established by Absen to implement the Compliance Plan.
(m) Parties means Absen 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 Allen Lu, President, Absen Inc. (July 21, 2017) (LOI); Supplemental Letter of Inquiry from
Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Bernadette M. Rappold,
Esq., Greenberg Traurig LLP, Counsel to Absen Inc. (Sept. 12, 2017) (both on file in EB-SED-17-00024689).
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 18-791

first been properly authorized, identified, and labeled in accordance with the Rules, with limited
exceptions.10
5. Absen, a Delaware corporation headquartered in Orlando, Florida, is a wholly-owned
subsidiary of Shenzhen Absen Optoelectronic Co. Ltd., a publicly held Chinese corporation. On July 12,
2017, after reviewing a complaint, the Bureau s Spectrum Enforcement Division issued a Letter of
Inquiry (LOI) to Absen, directing it to submit a sworn written response to a series of questions relating to
its marketing of LED signs in the United States.11 The investigation revealed that Absen violated the
Equipment Marketing Rules by marketing LED signs12 without the required equipment authorization,
labeling, and user manual disclosures,13 and by failing to produce certain required test records.14 After
receiving the LOI, Absen immediately ceased marketing the LED signs at issue until it had ensured
compliance with the equipment authorization, labeling, and user manual disclosure requirements in the
Commission s Equipment Marketing Rules.15 The Company resumed marketing each of the signs at issue
as soon as its deficiencies had been corrected, with the last one being corrected in or about November
2017.16
6. The Bureau and Absen 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. Absen 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, Absen 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 Absen 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

10 See id. 2.803(b), (c).
11 See supra note 6.
12 Such signs constitute unintentional radiators within the meaning of Section 15.3(z) of the Commission s rules.
47 CFR 15.3(z).
13 See, e.g., Letter of Inquiry Response from Bernadette M. Rappold, Esq., Greenberg Traurig LLP, Counsel to
Absen Inc., to Christopher Sova, Deputy Chief, Investigations and Hearings Division, FCC Enforcement Bureau
(Aug. 16, 2017); Supplemental Letter of Inquiry Response from Bernadette M. Rappold, Esq., Greenberg Traurig
LLP, Counsel to Absen Inc., to Christopher Sova, Deputy Chief, Investigations and Hearings Division, FCC
Enforcement Bureau (Oct. 6, 2017) (both on file in EB-SED-17-00024689).
14 47 CFR 2.955.
15 See Letter from Sonali Dohale, Esq., Greenberg Traurig LLP, Counsel to Absen Inc., to Christopher Sova, Deputy
Chief, Investigations and Hearings Division, FCC Enforcement Bureau, at 2 (Feb. 13, 2018).
16 See id. Cf. 47 CFR 2.803, 2.955, 15.19, 15.21, 15.101, 15.105 (2017).

3
Federal Communications Commission DA 18-791

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 Absen s basic qualifications to be a Commission licensee or hold Commission licenses or
authorizations.17
11. Admission of Liability. Absen 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. The Parties intend that this admission does not constitute an indictment, charge,
conviction, or civil judgment for the violation of any federal law or regulation within the meaning of
Section 52.209-5 of the Federal Acquisition Regulations.18
12. Compliance Officer. Within thirty (30) calendar days after the Effective Date, Absen
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 Absen 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, Absen 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, Absen will
implement, at a minimum, the following procedures:
(a) Operating Procedures. Within thirty (30) calendar days after the Effective Date,
Absen shall establish Operating Procedures that all Covered Employees must follow
to help ensure Absen s compliance with the Equipment Marketing Rules. Absen s
Operating Procedures shall include internal procedures and policies specifically
designed to ensure that all radio frequency devices to be marketed by Absen are
properly authorized and compliant with the applicable technical and administrative
standards and requirements prior to the initiation of marketing.19 Additionally,
Absen will establish a procedure for retaining documentation supporting device
compliance prior to the initiation of marketing.20 Absen 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 Absen s compliance with the Equipment Marketing
Rules. Absen shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains current and

17 See 47 CFR 1.93(b).
18 48 CFR 52.209-5.
19 See supra note 9 and accompanying text.
20 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 18-791

accurate. Absen shall distribute any revisions to the Compliance Manual promptly
to all Covered Employees.
(c) Compliance Training Program. Absen 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 Absen 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. Absen 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. Absen 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 Absen 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 Absen has taken or
will take to prevent the recurrence of any such noncompliance. All reports of noncompliance shall be
submitted to Matthew L. Conaty, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, SW, Rm. 3-C366, Washington, DC 20554, with a copy
submitted electronically to Paul.Noone@fcc.gov and EB-SED-Response@fcc.gov.
15. Compliance Reports. Absen 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 Absen 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 Absen, stating that the Compliance Officer has personal knowledge that Absen:
(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.21
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of Absen, 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 Absen has taken or will take to remedy such

21 47 CFR 1.16.

5
Federal Communications Commission DA 18-791

noncompliance, including the schedule on which proposed remedial actions will be
taken; and (iii) the steps that Absen has taken or will take to prevent the recurrence
of any such noncompliance, including the schedule on which such preventive action
will be taken.
(d) All Compliance Reports shall be submitted to Matthew L. Conaty, Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications Commission,
445 12th Street, SW, Rm. 3-C366, Washington, DC 20554, with a copy submitted
electronically to Paul.Noone@fcc.gov and EB-SED-Response@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. Absen will pay a civil penalty to the United States Treasury in the amount
of fifty-five thousand dollars ($55,000) within thirty (30) calendar days of the Effective Date. Absen
shall send electronic notification of payment to Paul Noone at Paul.Noone@fcc.gov and to SED at EB-
SED-Response@fcc.gov on the date each payment is made. The payment must be made by check or
similar instrument, wire transfer, or credit card, and must include the Account Number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice)
must be submitted.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
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, Absen 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. Absen 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 Absen nor the Commission shall contest the validity of the Consent
Decree or the Adopting Order, and Absen shall waive any statutory right to a trial de novo. Absen hereby

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 18-791

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.
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 Absen does not expressly
consent) that provision will be superseded by such Rule or Order.
22. Successors and Assigns. Absen 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.

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

7
Federal Communications Commission DA 18-791

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.

________________________________
Christopher L. Killion
Deputy Chief
Enforcement Bureau

________________________________
Date

________________________________
Dennis Ren
President
Absen Inc.

________________________________
Date