Federal Communications Commission DA 11-754
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
PreSonus Audio Electronics, Inc. 
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File No.:  EB-10-SE-053
NAL/Acct. No.:  201132100028
FRN No.:  0020540134 
ORDER
Adopted:  April 28, 2011  Released:  April 28, 2011
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and PreSonus Audio Electronics, Inc. (“PreSonus”).  The Consent 
Decree terminates an investigation initiated by the Bureau regarding PreSonus’s compliance with section 
302(b) of the Communications Act of 1934, as amended (“Act”),1 and sections 2.803, 2.1203, 15.19, and 
15.105 of the Commission’s rules2 (“Rules”) pertaining to the marketing of unauthorized Class B digital 
audio radio frequency devices.
2. The Bureau and PreSonus have negotiated the terms of the Consent Decree that would 
resolve this matter.  A copy of the Consent Decree is attached hereto and incorporated herein 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 PreSonus 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 Act,3 and sections 
0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED.
  
1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803, 2.1203, 15.19, 15.105.
3 47 U.S.C. § 154(i).
4 47 C.F.R. §§ 0.111, 0.311.
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6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
7. 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 counsel for PreSonus Audio 
Electronics, Inc., Tony Lin, Esq., Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, N.W., 
Washington, D.C. 20037-1122, and to Stephen Fraser, Chief Operations Officer, PreSonus Audio 
Electronics, Inc., 7257 Florida Blvd., Baton Rouge, LA 70806.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission DA 11-754
Before the
Federal Communications Commission
Washington, D.C. 20554
Washington, D.C. 20554
In the Matter of
PreSonus Audio Electronics, Inc. 
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File No. EB-10-SE-053
NAL/Acct. No. 201132100028
FRN No. 0020540134 
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and PreSonus Audio 
Electronics, Inc., by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into possible violations of section 302(b) 
of the Communications Act of 1934, as amended,1 and sections 2.803, 2.1203, 15.19, and 15.105 of the 
Commission’s rules2 pertaining to the marketing of unauthorized Class B digital audio radio frequency 
(“RF”) devices. 
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. §151 et 
seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this 
Consent Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and 
all of its bureaus and offices.
(e) “Communications Laws” means the Act, the Rules and the published and 
promulgated orders and decisions of the Commission.
(f) “Compliance Plan” means the compliance obligations and compliance program 
described in this Consent Decree at paragraph 8 hereof.
(g) “Effective Date” means the date on which the Bureau releases the Adopting 
Order.
  
1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.803, 2.1203, 15.19, and 15.105.
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(h) “Investigation” means the investigation commenced by the Bureau’s July 12, 
2010 letter of inquiry3 pertaining to possible violations by PreSonus of section 
302(b) of the Act and sections 2.803, 2.1203, 15.19, and 15.105 of the Rules by 
marketing unauthorized Class B digital audio RF devices within the United 
States.
(i) “Parties” means PreSonus and the Bureau, each of which is a “Party”.
(j) “PreSonus” means PreSonus Audio Electronics, Inc., its predecessors-in-interest 
and successors-in-interest.
(k) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
2. Under section 302(b) of the Act and section 2.803(a) of the Rules,4 the Commission 
prohibits the marketing5 of RF devices6 in the United States unless the devices comply with the applicable 
administrative, technical, labeling and identification requirements of the Rules.  Under section 15.101(a) 
of the Rules,7 parties responsible8 for unintentional radiators,9 such as the Class B digital audio RF 
devices10 marketed by PreSonus, must, in general, authorize the devices through the verification11 or 
declaration of conformity12 procedures.  To be authorized, these devices must comply with the radiated 
emission limits specified in section 15.107 of the Rules,13 and – because these devices are designed to be 
connected to the public utility (AC) power line – the conducted limits specified in section 15.109 of the 
Rules.14 In addition, these devices must comply with certain labeling requirements under section 15.19 of 
  
3 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Rick Naqvi, Vice President, Sales and Marketing, PreSonus Audio Electronics, 
Inc. (July 12, 2010) (“LOI”).
4 47 C.F.R. § 2.803(a).
5 Section 2.803(e)(4) of the Rules defines “marketing” as including the “sale or lease, or offering for sale or lease, 
including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing 
or offering for sale or lease.”  47 C.F.R. § 2.803(e)(4).
6 Section 2.801 of the Rules defines “radio frequency device” as “any device which in its operation is capable of 
emitting radio-frequency energy by radiation, conduction, or other means.”  47 C.F.R. § 2.801.
7 47 C.F.R. § 15.101(a).
8 See 47 C.F.R. § 2.909(b), (c).
9 Section 15.3(z) of the Rules defines “unintentional radiator” as “a device that intentionally generates radio 
frequency energy for use within the device, or that sends radio frequency signals by conduction to associated 
equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction.”  47 C.F.R. 
§ 15.3(z).
10 Section 15.3(i) of the Rules defines “Class B digital device” as “a digital device that is marketed for use in a 
residential environment notwithstanding use in commercial, business and industrial environments.”  47 C.F.R. § 
15.3(i).
11 See 47 C.F.R. § 2.902.
12 See 47 C.F.R. § 2.906.
13 47 C.F.R. § 15.107.
14 47 C.F.R. § 15.109.
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the Rules.15 Under section 15.105 of the Rules,16 the manual for these devices must include a specified 
statement regarding interference.  Under section 2.1203 of the Rules,17 an importer of these devices must 
declare the conditions under which they are admissible into the United States.
3. On July 12, 2010, the Bureau issued the LOI to PreSonus.18 The LOI directed PreSonus 
to respond to a series of questions regarding its apparent marketing of certain digital audio devices.  
PreSonus responded to the LOI on September 10, 2010.19 PreSonus and the Bureau entered into a Tolling 
Agreement on October 19, 2010.20  
III. TERMS OF AGREEMENT
4. 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 without change, addition, modification, or deletion.
5. Jurisdiction.  PreSonus agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
6. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date as defined herein.  Upon release, the Adopting Order and this Consent 
Decree shall have the same force and effect as any other order of the Bureau.  Any violation of the 
Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a Bureau
order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement of a 
Commission order. 
7. 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 said Investigation, PreSonus 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 PreSonus 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 
  
15 47 C.F.R. § 15.19.
16 47 C.F.R. § 15.105. 
17 47 C.F.R. § 2.1203; see also 47 C.F.R. §§ 2.1204, 2.1205.   
18 See LOI, supra note 3. 
19 See Letter from Clifford M. Harrington and Tony Lin, Counsel for PreSonus Audio Electronics, Inc. to Nissa 
Laughner, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission  
(September 10, 2010). 
20 Tolling Agreement, File No. EB-10-SE-053, executed by and between Kathryn S. Berthot, Chief, Spectrum 
Enforcement Division, Enforcement Bureau, Federal Communications Commission, and Jim Mack, Chief Executive 
Officer, PreSonus Audio Electronics, Inc. (October 19, 2010).  The Parties entered into a Tolling Agreement 
Extension on March 8, 2011.  Tolling Agreement Extension, File No. EB-10-SE-053, executed by and between 
Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, and Stephen Fraser, Chief Operations Officer, PreSonus Audio Electronics, Inc. (March 8, 2011).  The 
Parties entered into a second Tolling Agreement Extension on April 11, 2011.  Tolling Agreement Extension, File 
No. EB-10-SE-053, executed by and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission, and Stephen Fraser, Chief Operations Officer, 
PreSonus Audio Electronics, Inc. (April 11, 2011). 
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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 PreSonus with respect to PreSonus’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, PreSonus agrees  that 
within sixty (60) calendar days after the Effective Date it shall (i) implement a Compliance Plan relating 
to future compliance with the Communications Laws, including section 302(b) of the Act, sections 2.803, 
2.1203, 15.19, and 15.105 of the Rules, and other Rules, Commission orders or statutory requirements 
governing the authorization and marketing of RF devices; (ii) establish and maintain standard, internal 
operating procedures and policies that PreSonus shall follow to ensure compliance with such 
requirements (“Operating Procedures”); and (iii) incorporate such Operating Procedures in its 
Compliance Manual pursuant to paragraph 8(b) below.  The Compliance Plan shall include, at a 
minimum, the following components:
(a) Compliance Officer.  Within thirty (30) calendar days after the Effective Date, 
PreSonus shall designate a senior corporate manager to serve as a Compliance 
Officer.  The Compliance Officer shall be responsible for administering the 
Compliance Plan and shall be familiar with the FCC’s Rules relating to the 
authorization and marketing of RF devices, including all applicable technical and 
administrative requirements. 
(b) Compliance Manual.  The Compliance Officer shall develop and distribute a 
Compliance Manual to all employees of PreSonus and others who perform duties 
on its behalf that trigger or may trigger compliance-related responsibilities under 
section 302(b) of the Act, sections 2.803, 2.1203, 15.19, or 15.105 of the Rules, 
and any other Rules, Commission orders or statutory requirements governing the 
authorization and marketing of RF devices (each a “Covered Employee”).  The 
Compliance Manual shall describe (i) the Commission’s equipment authorization 
and marketing requirements; and (ii) the Operating Procedures that PreSonus will 
follow to ensure compliance with such requirements.  PreSonus shall periodically 
review and, to the extent necessary, revise the Compliance Manual to ensure that 
it remains current and complete.  PreSonus shall distribute any revisions to the 
Compliance Manual promptly to all Covered Employees.  
(c) Compliance Training.  Within sixty (60) calendar days after the Effective Date, 
PreSonus shall establish and implement a training program on compliance with 
section 302(b) of the Act, sections 2.803, 2.1203, 15.19, and 15.105 of the Rules, 
and other Rules, Commission orders or statutory requirements governing the 
authorization and marketing of RF devices (“Training Program”).   The Training 
Program will be provided to all Covered Employees.  Any person who becomes a 
Covered Employee at any time after the initial Training Program session shall be 
provided such training within thirty (30) calendar days after the date such person 
becomes a Covered Employee.  PreSonus shall conduct the Training Program on 
an annual basis, and shall periodically review and, to the extent necessary, revise 
the Training Program to ensure that it remains current and complete, and to 
enhance its effectiveness.  
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(d) Reporting Non-Compliance.  PreSonus shall report any non-compliance with 
section 302(b) of the Act, or sections 2.803, 2.1203, 15.19, or 15.105 of the 
Rules, to the Bureau within fifteen (15) calendar days after the discovery of such 
non-compliance.  Such reports shall include a detailed explanation of (i) each 
instance of non-compliance; (ii) the steps that PreSonus has taken or will take to 
remedy such non-compliance; (iii) the schedule on which such remedial actions 
will be taken; and (iv) the steps that PreSonus has taken or will take to prevent 
the recurrence of any such non-compliance.  All such reports of non-compliance 
shall be submitted to Chief, Spectrum Enforcement Division, Enforcement 
Bureau, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554, with a copy submitted electronically to 
Nissa.Laughner@fcc.gov and to Neal.McNeil@fcc.gov.  
(e) Compliance Reports.  PreSonus shall file Compliance Reports with the 
Commission ninety (90) calendar days after the Effective Date, twelve (12) 
months after the Effective Date and twenty-four (24) months after the Effective 
Date.  
(i) Each compliance report shall provide a detailed description of PreSonus’ 
efforts during the relevant period to comply with the terms and 
conditions of this Consent Decree and the Commission’s requirements 
relating to the authorization and marketing of RF devices.  In addition, 
each Compliance Report shall include a certification by the Compliance 
Officer, as an agent of and on behalf of PreSonus, stating that the 
Compliance Officer has personal knowledge that PreSonus (A) has 
established and implemented the Compliance Plan; (B) has utilized the 
Operating Procedures since the implementation of the Compliance Plan; 
and (C) is not aware of any instances of non-compliance with the terms 
and conditions of this Consent Decree, including the reporting 
obligations set forth in paragraph 8(d) hereof.    
(ii) The certification shall be accompanied by a statement explaining the 
basis for the Compliance Officer’s certification and must comply with 
section 1.16 of the Rules and be subscribed to as true under penalty of 
perjury in substantially the form set forth therein.  
(iii) If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of PreSonus, shall 
provide the Commission with a detailed explanation of (A) each instance 
of non-compliance; (B) the steps that PreSonus has taken or will take to 
remedy such non-compliance, including the schedule on which proposed 
remedial actions will be taken; and (C) the steps that PreSonus has taken 
or will take to prevent the recurrence of any such non-compliance, 
including the schedule on which such preventive action will be taken.
(iv) All Compliance Reports shall be submitted to Chief, Spectrum 
Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, 445 12th Street, S.W., Washington, D.C. 20554, with a 
copy submitted electronically to Nissa.Laughner@fcc.gov and to 
Neal.McNeil@fcc.gov.  
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(f) Termination Date.  Unless stated otherwise, the requirements of this paragraph 
8 of the Consent Decree shall expire twenty-four (24) months after the Effective 
Date.
9. Voluntary Contribution. PreSonus agrees that it will make a voluntary contribution to 
the United States Treasury in the amount of one hundred twenty five thousand dollars ($125,000).  The 
payment must be made within thirty (30) calendar days after the Effective Date.  The payment must be 
made by check or similar instrument, payable to the order of the Federal Communications Commission.  
The payment must include the Account Number and FRN referenced in the caption to the Adopting 
Order.  Payment by check or money order may be mailed 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 Account number in block number 23A (call 
sign/other ID), and enter the letters “FORF” in block number 24A (payment type code).  PreSonus must 
also send electronic notification to Nissa.Laughner@fcc.gov and to Neal.McNeil@fcc.gov on the date 
said payment is made.  
10. Waivers. PreSonus waives any and all rights it may have to seek administrative or 
judicial reconsideration, review, appeal, or stay, or to otherwise challenge or contest the validity of this 
Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order adopting the 
Consent Decree without change, addition, modification, or deletion.  PreSonus shall retain the right to 
challenge Commission interpretation of the Consent Decree or any terms contained herein.  If either Party 
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the 
Adopting Order, neither PreSonus nor the Commission shall contest the validity of the Consent Decree or 
the Adopting Order, and PreSonus shall waive any statutory right to a trial de novo.  PreSonus hereby 
agrees to waive any claims it may have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 
C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.
11. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.  
12. Subsequent Rule or Order.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent Rule or order adopted by the Commission (except an order 
specifically intended to revise the terms of this Consent Decree to which PreSonus does not expressly 
consent) that provision will be superseded by such Rule or order.
13. Successors and Assigns.  PreSonus agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees.  
14. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the matters set forth herein.  The Parties 
further agree that this Consent Decree does not constitute either an adjudication on the merits or a factual 
or legal finding or determination regarding any compliance or noncompliance with the requirements of 
the Act, the Rules or the Commission’s orders.  
15. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties. 
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16. Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
17. Authorized Representative.  The individual signing this Consent Decree on behalf of 
PreSonus represents and warrants that he is authorized by PreSonus to execute this Consent Decree and to 
bind this company to the obligations set forth herein.  The FCC signatory represents that she is signing 
this agreement in her official capacity and that she is authorized to execute this Consent Decree.
18. Counterparts.  This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.
____________________________
P. Michele Ellison
Chief, Enforcement Bureau
____________________________
Date
____________________________
Stephen Fraser
Chief Operations Officer
PreSonus Audio Electronics, Inc.
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Date