FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,855
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of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
8. 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, Chamberlain agrees
to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the absence
of new material evidence, the Bureau will not use the facts developed in this 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 Chamberlain 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 this 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 Chamberlain with respect to Chamberlain's basic
qualifications, including its character qualifications, to be a Commission licensee or to hold Commission
licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the Effective Date,
Chamberlain 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 Chamberlain 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.
10. Compiance Plan. For purposes of settling the matters set forth herein, Chamberlain
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,
Chamberlain shall implement the following procedures:
(a) Oneratine Procedures on Equipment Marketing. Within sixty (60) calendar days
after the Effective Date, Chamberlain shall review and augment as necessary its
recently revised Operating Procedures to help ensure Chamberlain's compliance with
the Equipment Marketing Rules. Chamberlain's Operating Procedures shall include
internal procedures and policies that all Covered Employees must follow and which
are specifically designed to ensure that all radio frequency devices marketed by
Chamberlain 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. Chamberlain's
Operating Procedures also shall incorporate its augmented RCM program relating to
the acquisition of new product lines that are subject to the Equipment Marketing
(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
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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.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/22/: accessed May 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.