FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,805
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These Digital Devices are unintentional radiators subject to authorization via the Commission's
equipment verification procedures."
4. On September 10, 2010, the Bureau's Spectnun Enforcement Division (Division) issued
a letter of inquiry (LOI) to KMA, directing KMA to submit a sworn written response to a series of
questions relating to KMA's marketing of Digital Devices.12 KMA responded to the LOI on October 15,
2010 (LOI Response).3 In its LOI Response, KMA provided information and documents relating to the
Digital Devices marketed by the company.'" In response to a subsequent inquiry from the Division,'s
KMA provided information relating to its obligation to include a consumer disclosure statement in the
user manual of certain Digital Devices marketed by the company.'6 KMA also provided information
related to its importation of certain Digital Devices and its obligation to file FCC Form 740s with the
United States Customs and Border Protection in connection with the importation of such Digital
Devices.17 The Bureau and KMA executed tolling agreements to toll the statute of limitations.'8
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
6. Jurisdiction. KMA 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
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
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 Investitation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
" Id. 15.101.
12 See supra note 6.
1 See Letter from Robert Imhoff, President, Hanser Music Group, to Katherine Power, Attorney, Spectrum
Enforcement Division, FCC Enforcement Bureau (Oct. 15, 2010) (on file in EB-1 0-SE-030). Hanser Music Group
is a trade name for Kustom Musical Amplification, Inc.
14 See id.
15 See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Robert Imhoff, President, Hanser Music Group (May 2, 2011) (on file in EB-10-SE-030).
16 See Letter from Robert Imhoff, President, Hanser Music Group, to Katherine Power, Attorney, Spectrum
Enforcement Division, FCC Enforcement Bureau at 1 (May 16, 2011) (on file in EB-10-SE-030).
'7 See E-mail from Steven C. Coffaro, Keating Muething & Klekamp PLL, Counsel to Hanser Music Group, to
Katherine Power, Spectrum Enforcement Division, FCC Enforcement Bureau (Nov. 13, 2012, 11:06 EDT) (on file
is See, e.g., Tolling Agreement Extension, File No. EB-1 0-SE-030, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Steven C. Coffaro, Keating Muething &
Klekamp PLL, Counsel to Hanser Music Group (July 17, 2012) (on file in EB-1 0-SE-030).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/58/: accessed December 11, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.