FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,854
x, 8850-9847 p. ; 28 cm.View a full description of this book.
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MHz Product Line devices.8 Chamberlain supplemented its disclosure of the potential violations on
August 18, 2009.9 On November 9, 2009, the Bureau issued the letter of inquiry (LOI)'0 to Chamberlain,
directing the company to submit a sworn written response to a series of questions relating to the CWP
900 MHz Product Line devices described in the March 31, 2008 Letter and the August 18, 2009 Letter.
Chamberlain responded to the LOI on December 16, 2009" and updated its LOI Response on October 26,
201112 and April 25, 2012.13
4. Chamberlain reported that it has either redesigned the CWP 900 MHz Product Line
devices to comply with the Equipment Marketing Rules or discontinued the manufacture and marketing
of such devices.14 Chamberlain also represented that it augmented its Regulatory Compliance
Management (RCM) program, which incorporates as an integral part the training of Chamberlain
employees on compliance with Parts 2 and 15 of the Rules, to include new due diligence protocols
relating to the acquisition of new product lines that are subject to the Equipment Marketing Rules.15 The
Bureau and Chamberlain entered into tolling agreements to toll the statute of limitations.'6
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
6. Jurisdiction. Chamberlain agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
Consent Decree.
7. 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 Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
8 See Letter from Kevin F. Reed and J.G. Harrington, Counsel for The Chamberlain Group, Inc., to Raymond
LaForge, Chief, Auditing and Compliance Branch, Laboratory Division, FCC Office of Engineering and
Technology (Mar. 31, 2008) (March 31, 2008 Letter) (on file in EB-09-SE-220). Chamberlain acquired CWP
(formerly International Electronics, Inc.) in 2007 and subsequently renamed the company "Chamberlain Wireless
Products Group, Inc." Id. at 1.
9 See Letter from Kevin F. Reed and J.G. Harrington, Counsel for The Chamberlain Group, Inc. to Raymond
LaForge, Chief, Auditing and Compliance Branch, Laboratory Division, FCC Office of Engineering and
Technology, (Aug. 18, 2009) (August 18, 2009 Letter) (on file in EB-09-SE-220).
'o See supra note 3.
" See Letter from Kevin F. Reed and J.G. Harrington, Counsel for Chamberlain, to Marlene H. Dortch, Secretary,
Federal Communications Commission (Dec. 16, 2009) (on file in EB-09-SE-220).
12 See October 26, 2011 Letter.
" See mail from J.G. Harrington, Counsel for Chamberlain, to Linda M. Nagel, Attorney Advisor, Spectrum
Enforcement Division, FCC Enforcement Bureau (Apr. 25, 2012, 14:32 EDT) (on file in EB-09-SE-220).
14 See October 26, 2011 Letter at 2.
" Id
16 See, e.g., Tolling Agreement Extension, EB-09-SE-220, executed by and between John D. Poutasse, Chief,
Spectrum Enforcement Division, FCC Enforcement Bureau, and Eric A. Reeves, Executive Vice President and
General Counsel, Chamberlain Group, Inc. (Apr. 30, 2012) (on file in EB-09-SE-220).8854
Federal Cnmmunitninn nmmissinn
DA 12-1121
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133015/m1/21/?rotate=270: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.