Federal Communications Commission DA 12-1270 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File No.: EB-10-SE-055 ) Fender Musical Instruments Corporation ) Acct. No.: 201232100035 ) ) FRN: 0002963429 ORDER Adopted: August 10, 2012 Released: August 13, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Fender Musical Instruments Corporation (FMIC). The Consent Decree resolves and terminates the Bureau’s investigation into FMIC’s compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),1 and Sections 2.803, 2.1203, 2.1204, 2.1205, 15.19, 15.21, and 15.105 of the Commission’s rules (Rules)2 pertaining to the marketing of digital radio frequency devices, such as bass amplifiers, pre-amplifiers, tuners, and audio mixers. 2. The Bureau and FMIC have negotiated the Consent Decree that resolves 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 FMIC 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 Sections 4(i) and 503(b) 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, 2.1204, 2.1205, 15.19, 15.21, 15.105. 3 47 U.S.C. §§ 154(i), 503(b). 4 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 12-1270 2 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 Mark Van Vleet, Chief Legal Officer, Fender Musical Instruments Corporation, 8860 E. Chaparral Road, Suite 100, Scottsdale, AZ 85250-2610, and to Charles A. Zielinski, counsel for Fender Musical Instruments Corporation, Bryan Cave LLC, 1155 F Street, NW, Washington, DC 20004. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau