Investigation Overview and Regulatory Background
On April 13, 2010, the Federal Communications Commission's Spectrum Enforcement Division of the Enforcement Bureau adopted an Order and Consent Decree resolving an investigation into Motorola, Inc. (File No. EB-09-SE-064). The inquiry examined potential violations of Section 302(b) of the Communications Act of 1934, as amended, along with Sections 2.803(a), 2.926(e), 15.37(l), and 15.407(h) of the Commission's Rules regarding the marketing and labeling of Unlicensed National Information Infrastructure (U-NII) devices.
Under FCC regulations, radio frequency devices classified as intentional radiators must obtain equipment authorization prior to marketing in the United States and must display the proper FCC Identifier. Additionally, Section 15.407(h) requires U-NII devices operating in the 5.25–5.35 GHz and 5.47–5.725 GHz frequency bands to include dynamic frequency selection (DFS) capabilities to prevent interference with radar signals. Devices operating in the 5.25–5.35 GHz band approved under certification applications filed on or after July 20, 2006, were required to meet DFS provisions if imported or marketed on or after July 20, 2007.
Terms of the Consent Decree and Settlement
The Enforcement Bureau initiated the investigation with a Letter of Inquiry sent on April 20, 2009, to which Motorola responded on May 20, 2009. The adopted Consent Decree fully terminates the Bureau's investigation without formal adjudication on the merits or findings of noncompliance.
Under the terms of the agreement, Motorola must implement a comprehensive compliance plan and make a monetary settlement to the United States government.
- Designation of a senior corporate manager as Compliance Officer to administer the compliance program within 60 days of the effective date.
- Development and distribution of training materials on Section 302(b) of the Act and Parts 2 and 15 U-NII rules for personnel involved in U-NII device development and marketing.
- Submission of sworn compliance reports and certificates to the Enforcement Bureau at intervals of 90 days, 12 months, and 24 months following the effective date.
- A requirement that any divested business units handling U-NII devices agree to abide by the Consent Decree terms.
- Payment of a $9,000 voluntary contribution to the United States Treasury within 30 days of the effective date.