Federal Communications Commission DA 08-1922 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GE MDS LLC Licensee of Various Authorizations in the Microwave Radio Services ) ) ) ) ) ) File No. EB-07-IH-8571 NAL/Acct. No. 200832080095 FRN No. 0016050429 ORDER Adopted: August 15, 2008 Released: August 15, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and GE MDS LLC (“GE MDS”). The Consent Decree terminates an investigation by the Bureau against GE MDS for possible violations of Section 310(d) of the Communications Act of 1934, as amended, and Section 1.948 of the Commission’s rules regarding the unauthorized transfer of 170 microwave radio licenses. 2. The Bureau and GE MDS have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GE MDS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission’s Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that GE MDS shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar 1 47 U.S.C. § 154(i), 503(b). 2 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 08-1922 2 instrument payable to the order of the Federal Communications Commission, to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). GE MDS will also send electronic notification on the date said payment is made to Hillary.DeNigro@fcc.gov and Jennifer.Lewis@fcc.gov. 8. IT IS FURTHER ORDERED that GE MDS will file reports with the Commission ninety days after the Effective Date and twelve months after the Effective Date. Each report shall include a compliance certificate from an officer, as an agent of GE MDS, stating that the officer has personal knowledge that GE MDS has established operating procedures intended to ensure compliance with this Consent Decree, together with an accompanying statement explaining the basis for the officer’s compliance certification. All reports shall be submitted to Hillary S. DeNigro, Chief, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jack Richards, Keller & Heckman, LLP, 1001 G Street, N.W., Suite 500 West, Washington, DC 20001. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau