Federal Communications Commission DA 12-574
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Richard Mann d/b/a 
The Antique Radio Collector 
Toledo, Ohio
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File No.:  EB-06-SE-388
Acct. No.:  200732100016
FRN:  0016215626
ORDER
Adopted:  April 13, 2012 Released:  April 13, 2012
By the Chief, Spectrum Enforcement Division, 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 Richard 
Mann d/b/a The Antique Radio Collector (Mr. Mann).  The Consent Decree settles an enforcement 
proceeding regarding Mr. Mann’s willful and repeated violation of Section 302(b) of the Communications 
Act of 1934, as amended (Act),1 and Section 2.803(a)(1) of the Commission’s rules (Rules)2 in connection 
with the marketing in the United States of uncertified AM radio transmitters assembled from kits.
2. The Bureau and Mr. Mann 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 settling the enforcement 
proceeding. 
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 Mr. Mann 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(a)(1).
3 47 U.S.C. §§ 154(i), 503(b).
4 47 C.F.R. §§ 0.111, 0.311.
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6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding 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 Richard Mann d/b/a The Antique 
Radio Collector, 4231 Willys Parkway, Toledo, OH 43612.
FEDERAL COMMUNICATIONS COMMISSION
John D. Poutasse 
Chief
Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission DA 12-574
Before the
Federal Communications Commission
Washington, D.C. 20554 
In the Matter of
Richard Mann d/b/a 
The Antique Radio Collector 
Toledo, Ohio
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)
)
)
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)
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File No.: EB-06-SE-388
Acct. No.: 200732100016
FRN: 0016215626
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Richard Mann d/b/a 
The Antique Radio Collector, by their respective authorized representatives, hereby enter into this 
Consent Decree for the purpose of settling the Commission’s enforcement proceeding regarding Mr. 
Mann’s willful and repeated violation of Section 302(b) of the Communications Act of 1934, as 
amended,5 and Section 2.803(a)(1) of the Commission’s rules,6 in connection with the marketing in the 
United States of uncertified AM radio transmitters assembled from kits. 
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) “Application for Review” means the Application for Review of the 
Reconsideration Order7 filed by Mr. Mann on June 2, 2008 seeking 
cancellation or reduction of the forfeiture.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(e) “Commission” and “FCC” mean the Federal Communications 
Commission and all of its bureaus and offices.
(f) “Communications Laws” means collectively, the Act, the Rules, and the 
published and promulgated orders and decisions of the Commission to 
which Mr. Mann may be subject by virtue of his business activities, 
including but not limited to, the Equipment Marketing Rules.
  
5 47 U.S.C. § 302a(b).
6 47 C.F.R. § 2.803(a)(1).
7 Application for Review of Reconsideration Order, filed by Richard Mann d/b/a The Antique Radio Collector (June 
2, 2008).     
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(g) “Compliance Plan” means the compliance obligations, programs, and 
procedures that Mr. Mann may be required to implement pursuant to 
paragraph 10.
(h) “Effective Date” means the date on which the Bureau releases the 
Adopting Order.
(i) “Equipment Marketing Rules” means Section 302(b) of the Act8 and Section 
2.803 of the Rules9 and other Communications Laws governing the marketing10
of radio frequency devices11 within the United States and its territories.
(j) “Enforcement Proceeding” means the Bureau’s Investigation, culminating in the 
issuance of the NAL, the Forfeiture Order, and the Reconsideration Order.
(k) “Forfeiture Order” means Richard Mann d/b/a The Antique Radio 
Collector, Forfeiture Order, 22 FCC Rcd 20516 (Enf. Bur., Spectrum Enf. 
Div. 2007).
(l) “Investigation” means the investigation commenced by the Bureau’s 
November 15, 2006 letter of inquiry12 regarding whether Mr. Mann 
violated the Equipment Marketing Rules in connection with his marketing 
in the United States of uncertified AM radio transmitters that he assembled 
from kits. 
(m) “Mr. Mann” means Richard Mann d/b/a The Antique Radio Collector.
(n) “Notice of Apparent Liability for Forfeiture” or “NAL” means Richard Mann 
d/b/a The Antique Radio Collector, Notice of Apparent Liability for Forfeiture, 
22 FCC Rcd 4956 (Enf. Bur., Spectrum Enf. Div. 2007).
(o) “Petition for Reconsideration” means the Petition for Reconsideration of the 
Forfeiture Order13 filed by Mr. Mann on December 27, 2007 seeking cancellation 
or reduction of the forfeiture.
  
8 47 U.S.C. § 302a(b).
9 47 C.F.R. § 2.803.
10 Section 2.803(e)(4) of the Rules defines “marketing” as 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).
11 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.
12 Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Richard 
Mann, Antique Radio Collector (Nov. 15, 2006).
13 Appeal of Forfeiture Order, filed by Richard Mann d/b/a The Antique Radio Collector (Dec. 27, 2007).  In the 
Appeal of Forfeiture Order, Mr. Mann requested that the Commission reconsider its findings in the Forfeiture Order 
based on arguments not previously presented to the Bureau in the NAL Response.  Under Section 1.115(c) of the 
Rules, the Commission is barred from considering such arguments on appeal unless they have previously been 
presented to the Bureau for consideration.  See 47 C.F.R. § 1.115(c) (“[n]o application for review will be granted if 
it relies on questions or fact or law upon which the designated authority has been afforded no opportunity to pass.”).  
As such, the Bureau in the Reconsideration Order treated Mr. Mann’s Appeal of Forfeiture Order as a petition for 
reconsideration rather than as an application for review so as to have the opportunity to consider these arguments.  
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(p) “Parties” means Mr. Mann and the Bureau, each of which is a “Party”.
(q) “Reconsideration Order” means Richard Mann d/b/a The Antique Radio 
Collector, Memorandum Opinion and Order, 23 FCC Rcd 6920 (Enf. Bur. 2008).
(r) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
2. Section 302(b) of the Act provides that “[n]o person shall manufacture, import, sell, offer 
for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply 
with regulations promulgated pursuant to this section.”14 Under Section 2.803(a) of the Rules,15 the 
Commission prohibits the marketing of radio frequency devices in the United States unless the devices 
are authorized under the appropriate equipment authorization procedure and comply with the applicable 
technical standards as well as the administrative requirements relating to equipment labeling and 
consumer disclosure.  Under Section 15.201(b) of the Rules,16 intentional radiators, such as AM 
transmitters, must be certified in accordance with the procedures set forth in Sections 2.1031 through 
2.1060 of the Rules.17 “Kits,” as defined in Section 15.3(p) of the Rules,18 however, generally do not 
require authorization.
3. On November 15, 2006, the Bureau’s Spectrum Enforcement Division (Division) issued 
the letter of inquiry (LOI)19 to Mr. Mann in response to a complaint20 alleging that Mr. Mann was 
assembling SSTRAN model AMT3000 AM transmitters (AMT3000 transmitters) from kits and then 
marketing the uncertified, assembled AMT3000 transmitters in the United States to end users in violation 
of the Equipment Marketing Rules.  Mr. Mann responded to the LOI on November 25, 2006 (LOI 
Response).21 In his LOI Response, Mr. Mann stated that he did not know if the Commission had ever 
issued a certification authorizing a fully assembled AMT3000 transmitter.22 He also stated that he had 
ordered un-built AMT3000 hobby kits from the manufacturer, used his website 
(www.oldtimeradioprograms.com) to solicit orders for the purchase and assembly of the AMT3000 
hobby kits, and then shipped fully assembled AMT3000 transmitters to his customers.23 Mr. Mann also 
    
See Richard Mann d/b/a The Antique Radio Collector, Memorandum Opinion and Order, 23 FCC Rcd 6920, 6920 
n.1 (Enf. Bur. 2008).
14 47 U.S.C. § 302a(b).
15 47 C.F.R. § 2.803(a).
16 Id. § 15.201(b).
17 Id. §§ 2.1031–2.1060.
18 Id § 15.3(p) (defining “kit” as “[a]ny number of electronic parts, usually provided with a schematic diagram or 
printed circuit board, which, when assembled in accordance with instructions, results in a device subject to the 
regulations in this part, even if additional parts of any type are required to complete assembly.”).
19 See supra note 8.
20 The complaint was filed by a seller of a certified AM part 15 transmitter. 
21 Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal McNeil, Assistant Division Chief, 
Spectrum Enforcement Division, FCC Enforcement Bureau (Nov. 25, 2006).
22 Id. at 1.
23 Id.  
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reported that he had shipped 46 of these assembled AMT3000 transmitters to end users in the United 
States.24  
4. On March 15, 2007, the Division issued the Notice of Apparent Liability for Forfeiture
against Mr. Mann, which proposed a forfeiture in the amount of $7,000 for Mr. Mann’s apparent 
marketing in the United States of fully assembled, uncertified AMT3000 transmitters in apparent willful 
and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.25 On April 13, 
2007, Mr. Mann responded to the NAL.26 On November 27, 2007, the Division issued the Forfeiture 
Order against Mr. Mann, which assessed a forfeiture in the amount of $7,000 for Mr. Mann’s willful and 
repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.27  
5. On December 27, 2007, Mr. Mann filed a Petition for Reconsideration of the Forfeiture 
Order28 in which he sought cancellation or reduction of the forfeiture.  On April 30, 2008, the Bureau 
released the Reconsideration Order,29 which affirmed the Forfeiture Order and denied Mr. Mann’s Petition 
for Reconsideration.  The Reconsideration Order also ordered Mr. Mann to file a report with the 
Commission confirming that he had ceased marketing the AMT3000 “Enhanced” Transmitter Kit in the 
United States.30 On June 2, 2008, Mr. Mann filed an Application for Review of the Reconsideration 
Order.31 On June 3, 2008, Mr. Mann filed the report32 ordered by the Reconsideration Order, stating that 
he had “ceased offering the AMT3000 transmitter in any form.”33 On December 21, 2011, the Bureau and 
Mr. Mann entered into a tolling agreement to toll the applicable statute of limitations.34  
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction.  Mr. Mann agrees that the Bureau has jurisdiction over him and the matters 
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this 
Consent Decree.
  
24 Id. 
25 Richard Mann d/b/a The Antique Radio Collector, Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 4956 
(Enf. Bur., Spectrum Enf. Div. 2007).
26 Response to NAL, filed by Richard Mann d/b/a The Antique Radio Collector (Apr. 13, 2007) (NAL Response).
27 Richard Mann d/b/a The Antique Radio Collector, Forfeiture Order, 22 FCC Rcd 20516 (Enf. Bur., Spectrum Enf. 
Div. 2007).
28 See supra note 9.
29 Richard Mann d/b/a The Antique Radio Collector, Memorandum Opinion and Order, 23 FCC Rcd 6920 (Enf. Bur. 
2008).
30 Id.at 6923 ¶ 10.  
31 See supra note 3.
32 Report to the Commission as Directed in “Memorandum Opinion and Order” and Request for Reconsideration of 
the NAL, filed by Richard Mann d/b/a The Antique Radio Collector (May 20, 2008).
33 Id. at 1.
34 Tolling Agreement, EB-06-SE-388, by and between John D. Poutasse, Acting Chief, Spectrum Enforcement 
Bureau, Enforcement Bureau, Federal Communications Commission, and Richard Mann d/b/a The Antique Radio 
Collector (Dec. 21, 2011).
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8. 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.
9. Settlement of Enforcement Proceeding.  In express reliance on the covenants and 
representations in this Consent Decree, and to avoid further expenditure of public resources, the Bureau 
agrees to settle the Enforcement Proceeding.  In consideration for the settlement of the Enforcement 
Proceeding, Mr. Mann 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 
the Enforcement Proceeding 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 Mr. Mann concerning the matters that were the subject of the Enforcement Proceeding.  The 
Bureau also agrees that it will not use the facts developed in the Enforcement Proceeding 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 Mr. Mann with respect to 
Mr. Mann's basic qualifications, including his character qualifications, to be a Commission licensee or 
hold Commission licenses or authorizations.
10. Marketing Notification and Compliance Plan.  By executing this Consent Decree, Mr. 
Mann acknowledges that the marketing35 of radio frequency devices36 assembled from kits, as defined in 
section 15.3(p) of the Rules,37 without prior authorization is prohibited by the Equipment Marketing 
Rules, and represents and warrants that he is not now marketing in the United States any radio frequency 
devices, including radio frequency devices assembled from kits, that are subject to the Equipment 
Marketing Rules.  Mr. Mann further agrees not to commence the marketing of any such devices without 
first providing written notice to the Bureau at least six (6) months prior to the date such marketing 
commences so as to permit the Bureau and Mr. Mann to negotiate, and Mr. Mann to implement, a 
Compliance Plan designed to ensure Mr. Mann’s future compliance with the Communications Laws.  In 
the event Mr. Mann notifies the Bureau of his intention to commence marketing in the United States any 
radio frequency devices, including radio frequency devices assembled from kits, that are subject to the 
Equipment Marketing Rules, Mr. Mann further agrees to develop and implement a Compliance Plan, 
mutually agreed upon by the Bureau and Mr. Mann, that is designed to ensure Mr. Mann’s future 
compliance with the Equipment Marketing Rules.  The Compliance Plan shall be memorialized in an 
amendment to this Consent Decree and shall be in effect for a period of not more than twenty-four (24) 
months.  Mr. Mann further agrees that he shall not commence marketing in the United States any radio 
frequency devices, including radio frequency devices assembled from kits, that are subject to the 
Equipment Marketing Rules unless and until the Compliance Plan has been implemented.  Any such 
written notice shall be submitted to the Chief, Spectrum Enforcement Division, Enforcement Bureau, 
Federal Communications Commission, 445 12th Street, S.W., Room 3-C366, Washington, D.C. 20554,
with a copy submitted electronically to Nissa Laughner at Nissa.Laughner@fcc.gov and to Ricardo 
Durham at Ricardo.Durham@fcc.gov.  Unless stated otherwise, Mr. Mann’s obligations under this 
paragraph 10 shall expire twenty-four (24) months after the Effective Date.  
11. Voluntary Contribution.  Mr. Mann agrees to make a voluntary contribution to the 
United States Treasury in the amount of one hundred thirty dollars ($130), which is reduced from the 
  
35 See supra note 6.
36 See supra note 7.
37 See supra note 14.
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amount assessed in the Forfeiture Order based on Mr. Mann’s demonstrated inability to pay.38 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).  Mr. Mann must also send electronic 
notification to Nissa Laughner at Nissa.Laughner@fcc.gov, Ricardo Durham at Ricardo.Durham@fcc.gov 
and Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is made.
 
12. Waivers.  Mr. Mann waives any and all rights he 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 as defined herein.  
Mr. Mann 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 Mr. Mann nor the Commission shall 
contest the validity of the Consent Decree or of the Adopting Order, and Mr. Mann shall waive any 
statutory right to a trial de novo. Mr. Mann hereby agrees to waive any claims he 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.  
13. Withdrawal of Pending Application for Review.  Mr. Mann agrees that he will file 
with the Commission a motion to withdraw his Application for Review within five (5) calendar days after 
the Effective Date.  The Bureau agrees that within thirty (30) calendar days after the Effective Date, the 
Bureau will issue an Order granting Mr. Mann’s motion to withdraw the Application for Review.
14. 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.  
15. 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 Mr. Mann does not expressly 
consent), that provision will be superseded by such rule or Commission order.
16. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Enforcement Proceeding.  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 Communications 
Laws.  
17. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
18. 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.
  
38 See supra note 23.
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19. Authorized Representatives.  Mr. Mann represents and warrants that he is authorized to 
execute this Consent Decree on behalf of himself and The Antique Radio Collector.  The FCC signatory 
represents that he is signing this Consent Decree in his official capacity and that he is authorized to 
execute this Consent Decree.
20. 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. 
________________________________
John D. Poutasse 
Chief
Spectrum Enforcement Division
Enforcement Bureau
____________________________
Date
____________________________
Richard Mann
d/b/a The Antique Radio Collector
____________________________
Date