FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,050
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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or informal, or take any action on its own motion against AMS 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 take any action on
its own motion against AMS with respect to AMS's basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
8. Compliance Plan. For purposes of settling the matters set forth herein, AMS agrees that
it shall within sixty (60) calendar days after the Effective Date, develop and implement a Compliance
Plan to help ensure future compliance with the Communications Laws, including the Equipment
Marketing Rules, and with the terms and conditions of this Consent Decree. The Compliance Plan shall
include, without limitation, the following components:
(a) Compliance Officer. Within thirty (30) calendar days after the Effective Date,
AMS shall designate a senior corporate manager with the requisite corporate and
organizational authority to serve as 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 AMS 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/her duties under this
Consent Decree, the Compliance Officer shall have specific knowledge of the
Equipment Marketing Rules prior to assuming his/her duties.
(b) Operatine Procedures on Equipment Marketing. Within sixty (60) calendar
days after the Effective Date, AMS shall establish Operating Procedures that all
Covered Employees must follow to help ensure AMS's compliance with the
Equipment Marketing Rules. AMS's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that (i) all Digital Devices
and other radio frequency devices Marketed by AMS comply with applicable
technical standards, have been properly authorized (via the certification,
verification, or declaration of conformity procedures, as applicable), and comply
with the applicable administrative requirements relating to equipment labeling
and consumer disclosure; and (ii) any Digital Devices that do not comply with
the Equipment Marketing Rules are not Marketed to U.S. consumers.
(c) 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 AMS's compliance with the Equipment Marketing
Rules. AMS shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains current and
complete. AMS shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
(d) Compliance Training Program. AMS shall establish and implement a
Compliance Training Program on compliance with the Equipment Marketing
Rules and the Operating Procedures. As part of the Compliance Training
Program, Covered Employees shall be advised of AMS's obligation to report any
non-compliance with the Equipment Marketing Rules under paragraph 9 of this
Consent Decree and shall be instructed on how to disclose non-compliance to the2050
F ar l C rmm i n tic C ic in
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/191/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.