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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No. EB-07-IH-8571
GE MDS LLC )
NAL/Acct. No. 200832080095
Licensee of Various Authorizations in )
the Microwave Radio Services FRN No. 0016050429
)
)
ORDER
Adopted: August 15, 2008 Released: August 15, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and GE MDS LLC ("GE MDS").
The Consent Decree terminates an investigation by the Bureau against
GE MDS for possible violations of Section 310(d) of the Communications
Act of 1934, as amended, and Section 1.948 of the Commission's rules
regarding the unauthorized transfer of 170 microwave radio licenses.
2. The Bureau and GE MDS have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. 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 investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether GE MDS possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, and sections 0.111 and 0.311
of the Commission's Rules, the Consent Decree attached to this Order
IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that GE MDS shall make its voluntary
contribution to the United States Treasury, as specified in the
Consent Decree, by mailing a check or similar instrument payable to
the order of the Federal Communications Commission, to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). GE MDS will also send electronic
notification on the date said payment is made to
Hillary.DeNigro@fcc.gov and Jennifer.Lewis@fcc.gov.
8. IT IS FURTHER ORDERED that GE MDS will file reports with the
Commission ninety days after the Effective Date and twelve months
after the Effective Date. Each report shall include a compliance
certificate from an officer, as an agent of GE MDS, stating that the
officer has personal knowledge that GE MDS has established operating
procedures intended to ensure compliance with this Consent Decree,
together with an accompanying statement explaining the basis for the
officer's compliance certification. All reports shall be submitted to
Hillary S. DeNigro, Chief, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554.
9. 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 Jack Richards, Keller & Heckman, LLP, 1001 G Street,
N.W., Suite 500 West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
47 U.S.C. S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 08-1922
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Federal Communications Commission DA 08-1922