Federal Communications Commission       DA 14-1656
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pathfinder Communications Corporation
Licensee of Station WTRC-FM,
Niles, Michigan
)
)
)
)
)
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File No.:  EB-IHD-13-00011359
1
Acct. No.:  201532080003
FRN:  0002898989
Facility ID No.:  48911
ORDER
Adopted: December 10, 2014               Released: December 10, 2014
By the Chief, Enforcement Bureau: 
1. The Emergency Alert System (EAS) is a national public warning system that requires 
broadcasters, cable television operators, wireline video service providers, satellite digital audio radio 
service providers, and direct broadcast satellite providers to supply the communications capability to the 
President of the United States to address the American public during a national emergency.  Federal, 
state, and local authorities may also use the EAS to deliver emergency information, such as AMBER 
alerts and weather information targeted to specific areas.  The EAS is well known to the American public 
as the nationwide warning system used to address the public in national or local emergencies.  The 
specific sounds comprising the EAS tones are defined in our rules, and are designed to alert the public 
and activate the emergency communication system when necessary.  To preserve the unique purpose of 
the EAS tones, the Federal Communications Commission (Commission) enforces laws that prohibit the 
use of the tones, or simulations of them, except in actual emergencies or authorized tests of the EAS.  As 
many complaints about EAS abuse have noted, misuse of the tones creates a “Cry Wolf” scenario, which 
risks desensitizing the public to the significance of the tones in a real emergency.      
2. By this Order, we adopt and incorporate by reference the attached Consent Decree 
entered into between the Enforcement Bureau (Bureau) and Pathfinder Communications Corporation 
(Pathfinder or Licensee).  The Consent Decree resolves an investigation by the Bureau into allegations 
that Pathfinder misused the EAS tones by transmitting an advertisement that contained the EAS Attention 
Signal, absent an actual emergency or authorized test of the EAS.  Pathfinder admits that it violated 
Section 325(a) of the Communications Act of 1934, as amended, and Section 11.45 of the Commission’s 
rules.  To settle this matter, Pathfinder will implement a compliance plan, as described in the attached 
Consent Decree, and will pay a $46,000 penalty.
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 the Licensee possesses the 
basic qualifications, including those related to character, to hold or obtain any Commission license or 
authorization.    
                                                
1
This case was formerly assigned file number EB-13-IH-1042.  In September 2013, the Investigations and Hearings 
Division of the Enforcement Bureau assigned the case a new file number, as reflected in the caption.  Any future 
correspondence with the Commission concerning this matter should reflect the new case number.
Federal Communications Commission       DA 14-1656
2
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) of the Communications 
Act of 1934, as amended, 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, as to the Station 
and/or the Licensee, IS TERMINATED.
7. IT IS FURTHER ORDERED that any third-party complaints related to the above-
captioned investigation and that are currently pending before the Enforcement Bureau ARE DISMISSED
as of the date of this Consent Decree.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by both First Class Mail and Certified Mail, Return Receipt Requested, to Licensee’s counsel, David 
D. Burns, Esq., Latham & Watkins LLP, 555 11
th
Street, N.W., Washington, D.C. 20004.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief, Enforcement Bureau
                                                
2
See 47 U.S.C. § 154(i); 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission       DA 14-1656
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pathfinder Communications Corporation
Licensee of Station WTRC-FM, 
Niles, Michigan
)
)
)
)
)
)
          File No.:  EB-IHD-13-00011359
1
          Acct. No.:  201532080003
          FRN:  0002898989 
          Facility ID No.:  48911
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Pathfinder 
Communications Corporation, by their authorized representatives, hereby enter into this Consent Decree 
for the purpose of terminating the Enforcement Bureau’s investigation into allegations that Pathfinder 
Communications Corporation misused Emergency Alert System (EAS) tones by transmitting an 
advertisement that contained the EAS Attention Signal, absent an actual emergency or authorized test of 
the EAS, in violation of Section 325(a) of the Communications Act of 1934, as amended, and Section 
11.45 of the Commission’s rules pertaining to misuse of the EAS tones.
I.         DEFINITIONS
2. 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 the Order of the Bureau adopting the terms of this 
Consent Decree without change, addition, deletion, or modification.
(c) “Any” shall be construed to include the word “all,” and the word “all” shall be 
construed to include the word “any.”  Additionally, the word “or” shall be 
construed to include the word “and,” and the word “and” shall be construed to 
include the word “or.”  The word “each” shall be construed to include the word 
“every,” and the word “every” shall be construed to include the word “each.”
(d) “Bureau” means the Enforcement Bureau of the FCC.
(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 
Pathfinder is subject by virtue of its business activities, including but not limited 
to, the EAS Laws.
(g) “Complainant” means the individual who transmitted to the FCC a complaint 
alleging that Pathfinder violated Section 325(a) of the Act and Section 11.45 of 
the Rules.
                                                
1
This case was formerly assigned file number EB-13-IH-1042.  In September 2013, the Investigations and Hearings 
Division of the Enforcement Bureau assigned the case a new file number, as reflected in the caption.  Any future 
correspondence with the Commission concerning this matter should reflect the new case number.
Federal Communications Commission       DA 14-1656
2
(h) “Complaint” means the third-party complaint alleging that Pathfinder violated 
Section 325(a) of the Act and Section 11.45 of the Rules, received by, or in the 
possession of, the Bureau.
(i) “Compliance Officer” means the individual designated in paragraph 15 of this 
Consent Decree as the person responsible for administration of the Compliance 
Plan.
(j) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 16.
(k) “Covered Employees” means all employees and agents of Pathfinder who 
perform, or supervise, oversee, or manage the performance of, duties that relate 
to Pathfinder’s responsibilities under the Communications Laws.
(l) “EAS” means the Emergency Alert System.
(m) “EAS Laws” means the rules and regulations embodied in Section 325(a) of the 
Act, Section 11.45 of the Rules, and the published and promulgated orders and 
decisions of the Commission regarding the misuse of EAS Tones.
(n) “EAS Tones” means the EAS codes consisting of audible sounds in which 
encoded information concerning the particular alert is embedded, and the 
separate EAS Attention Signal that follows the EAS codes composed of two 
tones that are transmitted simultaneously, as defined in Section 11.31 of the 
Rules, as well as any simulations thereof.
(o) “Effective Date” means the date on which the Bureau releases the Adopting 
Order.
(p) “Investigation” means the Bureau’s investigation of Pathfinder’s compliance 
with Section 325(a) of the Act and Section 11.45 of the Rules, relating to a 
Complaint alleging that Pathfinder’s Station broadcast a commercial that 
contained the EAS Attention Signal.
(q) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by Pathfinder to implement the Compliance Plan.
(r) “Parties” means Pathfinder and the Bureau, each of which is a “Party.”
(s) “Pathfinder” means Pathfinder Communications Corporation and its 
predecessors-in-interest and successors-in-interest.
(t) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(u) “Station” means commercial radio Station WTRC-FM, Niles, Michigan (Facility 
ID No. 48911), licensed to Pathfinder.
II. BACKGROUND
3. Pursuant to Section 325(a) of the Act, no person within the jurisdiction of the United 
States shall knowingly utter or transmit any false signals of distress.
2
  Additionally, Section 11.45 of the 
Rules prohibits the transmission of false or deceptive “EAS codes or Attention Signal[s], or a recording or 
                                                
2
47 U.S.C. § 325(a).
Federal Communications Commission       DA 14-1656
3
simulation thereof, in any circumstance other than in an actual National, State, or Local Area emergency 
or authorized test of the EAS.”
3
  
4. The Commission received a Complaint from an employee of the National Weather 
Service (NWS) alleging that, on April 14, 2013, the Station aired a commercial “promoting a ‘storm 
chasing’ tour,” which contained “the EAS Activation Tones.”
4
  The Complainant adds that the NWS 
received a number of calls from the public, who expressed concern that “this type of advertising is 
‘defeating’ and ‘minimizing’ the importance of the EAS Activations.”
5
  In response to the alleged 
violation of the EAS Laws, the Bureau’s Investigations and Hearings Division directed Pathfinder to 
submit, among other things, sworn written statements describing its compliance with Section 325(a) of 
the Act and Section 11.45 of the Rules.
6
  In its reply, Pathfinder admits that it broadcast the EAS 
Attention Signal as described in the Complaint.
7
5. As a result of discussions between the Parties, the Bureau and Pathfinder have negotiated 
this Consent Decree to resolve issues related to Pathfinder’s compliance with the EAS Laws and to 
terminate the Bureau’s Investigation.
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.  Pathfinder 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 
Consent Decree.
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. 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 the Investigation, Pathfinder 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 Investigation through the 
Effective Date, or use 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 Pathfinder 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 the Investigation through the Effective Date, or use 
the existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or 
                                                
3
47 C.F.R. § 11.45.
4
See Complaint, FCC Form 2000D, 13-C00488988-1 (Apr. 15, 2013) (on file in EB-IHD-13-00011359).
5
Id.
6
See Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to 
Pathfinder Communications Corporation (June 14, 2013) (on file in EB-IHD-13-00011359).
7
See Letter from John Lapehn, Chief Financial Officer, Pathfinder Communications Corporation, to Marlene H. 
Dortch, Secretary, Federal Communications Commission (July 14, 2013) (on file in EB-IHD-13-00011359).
Federal Communications Commission       DA 14-1656
4
take any action on its own motion against Pathfinder with respect to its basic qualifications, including its 
character qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
10. Subsequent Investigations.  Nothing in this Consent Decree shall prevent the 
Commission from adjudicating complaints filed pursuant to Section 325(a) of the Act or Section 11.45 of 
the Rules against Pathfinder or its affiliates for alleged violations of the Act or the Rules or for any other 
type of alleged misconduct, regardless of when such misconduct took place.  The Commission’s 
adjudication of any such complaints will be based solely on the record developed in that proceeding.  
Except as expressly provided in this Consent Decree, this Consent Decree shall not prevent the 
Commission from investigating new evidence of Pathfinder’s noncompliance with the EAS Laws.
11. Admission of Liability.  Pathfinder admits, in express reliance on the provisions of 
paragraph 9 herein, that its actions with respect to the broadcast of the commercial referenced in 
paragraph 4 of this Consent Decree violated the Commission’s EAS Laws. 
12. Civil Penalty.  Pathfinder will pay a civil penalty to the United States Treasury in the 
amount of forty-six thousand dollars ($46,000) (Civil Penalty), payable in twelve (12) installments over 
three (3) years (each an Installment Payment).  The first Installment Payment of four thousand seven 
hundred fifty dollars ($4,750) is due within thirty (30) calendar days after the Effective Date, and the 
remaining Installment Payments of three thousand seven hundred fifty dollars ($3,750) shall be paid 
quarterly.  Pathfinder shall make the first and all subsequent Installment Payments in United States 
Dollars without further demand or notice by the dates specified above.  Pathfinder acknowledges and 
agrees that upon execution of this Consent Decree, the Civil Penalty and each Installment Payment shall 
become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).  Upon an Event of Default (as defined 
below), all procedures for collection as permitted by law may, at the Commission’s discretion, be 
initiated.  Pathfinder also shall send electronic notification of payment to Theresa Z. Cavanaugh at 
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at 
Kenneth.Scheibel@fcc.gov, and Dana E. Leavitt at Dana.Leavitt@fcc.gov on the date payment is made.  
The payment must be made by check or similar instrument, wire transfer, or credit card, and must include 
the NAL/Account Number and FRN referenced above.  Regardless of the form of payment, Pathfinder 
must submit a completed FCC Form 159 (Remittance Advice).
8
  When completing the FCC Form 159, 
Pathfinder should enter the Account Number in block number 23A (call sign/other ID) and enter the 
letters “FORF” in block number 24A (payment type code).  Below are additional instructions that 
Pathfinder should follow based on the form of payment it selects:
9
? Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
                                                
8
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
9
If Pathfinder has questions regarding payment procedures, it should contact the Financial Operations Group Help 
Desk by phone at 1-877-480-3201, or by e-mail at ARINQUIRIES@fcc.gov.
Federal Communications Commission       DA 14-1656
5
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
13. Event of Default.  Pathfinder agrees that an Event of Default shall occur upon the failure 
by Pathfinder to pay the full amount of any Installment Payment on or before the due dates specified in 
this Consent Decree.
14. Interest, Charges for Collection, and Acceleration of Maturity Date.  After an Event 
of Default has occurred under this Consent Decree, the then unpaid amount of the Civil Penalty shall 
accrue interest, computed using the rate of the U.S. Prime Rate in effect on the date of the Event of 
Default plus 4.75 percent, from the date of the Event of Default until payment in full.  Upon an Event of 
Default, the then unpaid amount of the Civil Penalty, together with interest, as aforesaid, any penalties 
permitted and/or required by the law, including but not limited to interest and penalties permitted under 
31 U.S.C. § 3717 and administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees, 
shall become immediately due and payable, without notice, presentment, demand, protest, or notice of 
protest of any kind, all of which are waived by Pathfinder.
15. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, 
Pathfinder shall designate a senior corporate manager with the requisite corporate and organizational 
authority to serve as Compliance Officer and to discharge the duties set forth below.  The person 
designated as the Compliance Officer shall be responsible for developing, implementing, and 
administering the Compliance Plan and ensuring that Pathfinder complies with the terms and conditions 
of the Compliance Plan and this Consent Decree.  In addition to possessing the general knowledge of the 
Communications Laws necessary to discharge his/her duties under this Consent Decree, the Compliance 
Officer shall have specific knowledge of the EAS Laws prior to assuming his/her duties.
16. Compliance Plan.  Pathfinder agrees that it shall, by the dates specified in this 
paragraph, including its subparts, develop and implement a Compliance Plan designed to ensure future 
compliance with the EAS Laws and with the terms and conditions of this Consent Decree.  With respect 
to the EAS Laws, Pathfinder shall implement the following procedures: 
(a) Operating Procedures for Compliance with the EAS Laws.  Within sixty (60) 
calendar days after the Effective Date, Pathfinder shall establish Operating 
Procedures that all Covered Employees must follow to help ensure Pathfinder’s 
compliance with the EAS Laws.  Pathfinder’s Operating Procedures shall include 
internal procedures and policies specifically designed to ensure that Pathfinder 
does not broadcast the EAS Tones absent an emergency or authorized EAS test.  
Pathfinder also shall develop a Compliance Checklist that describes the steps that 
a Covered Employee must follow to ensure that the Station will not be in 
violation of the EAS Laws regarding broadcast of the EAS Tones.  At a 
minimum, the Compliance Checklist shall require at all times that at least two 
station employees, one of whom shall be a management-level employee, be 
involved in all aspects of all programming and commercials that might contain 
the broadcast of the EAS Tones.
(b) Compliance Manual.  Within sixty (60) calendar days after the Effective Date, 
the Compliance Officer shall develop and distribute a Compliance Manual to all 
Covered Employees.  The Compliance Manual shall explain Section 325(a) of 
the Act and Section 11.45 of the Rules, and set forth the Operating Procedures 
that Covered Employees shall follow to help ensure Pathfinder’s compliance with 
the EAS Laws.  Pathfinder shall periodically review and revise the Compliance 
Manual as necessary to ensure that the information set forth therein remains 
current and complete.  Pathfinder shall distribute any revisions to the Compliance 
Federal Communications Commission       DA 14-1656
6
Manual promptly to all Covered Employees.
(c) Compliance Training Program.  Pathfinder shall establish and implement a 
Compliance Training Program on compliance with the EAS Laws and the 
Operating Procedures.  As part of the Compliance Training Program, Covered 
Employees shall be advised of Pathfinder’s obligation to report any 
noncompliance with the EAS Laws under paragraph 17 of this Consent Decree 
and shall be instructed on how to disclose noncompliance to the Compliance 
Officer.  Covered Employees shall be trained pursuant to the Compliance 
Training Program within ninety (90) calendar days after the Effective Date.  Any 
person who becomes a Covered Employee after the initial Compliance Training 
Program is conducted shall be trained within thirty (30) calendar days after the 
date such person becomes a Covered Employee.  Pathfinder shall repeat the 
compliance training on an annual basis, and shall periodically review and revise 
the Compliance Training Program as necessary to ensure that it remains current 
and complete and to enhance its effectiveness. 
17. Reporting Noncompliance.  Pathfinder shall report any instance of noncompliance with 
the EAS Laws and with the terms and conditions of this Consent Decree within thirty (30) calendar days 
after discovery of such noncompliance.  Such reports shall include a detailed explanation of:  (i) each 
instance of noncompliance; (ii) the steps that Pathfinder has taken or will take to remedy such 
noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that 
Pathfinder has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
noncompliance shall be submitted to the Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, Room 4-C330, 445 12th Street, S.W., Washington, D.C. 
20554, with a copy submitted electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, 
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at Kenneth.Scheibel@fcc.gov, and Dana 
E. Leavitt at Dana.Leavitt@fcc.gov.  
18. Compliance Reports.  Pathfinder shall file Compliance Reports with the Commission 
ninety (90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-four (24) 
months after the Effective Date, and thirty-six (36) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of Pathfinder’s 
efforts during the relevant period to comply with the terms and conditions of this 
Consent Decree and the EAS Laws.  In addition, each Compliance Report shall 
include a certification by the Compliance Officer, as an agent of and on behalf of 
Pathfinder, stating that the Compliance Officer has personal knowledge that 
Pathfinder:  (i) has established and implemented the Compliance Plan; (ii) has 
utilized the Operating Procedures since the implementation of the Compliance 
Plan; and (iii) is not aware of any instances of noncompliance with the terms and 
conditions of this Consent Decree, including the reporting obligations set forth in 
paragraph 17 hereof.  
(b) The Compliance Officer’s certification shall be accompanied by a statement 
explaining the basis for such 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.
10
  
(c) If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of Pathfinder, shall provide the 
                                                
10
47 C.F.R. § 1.16.
Federal Communications Commission       DA 14-1656
7
Commission with a detailed explanation of the reason(s) why and describe fully:  
(i) any instances of noncompliance with this Consent Decree and the Rules; (ii) 
the steps that Pathfinder has taken or will take to remedy each instance of 
noncompliance and the schedule on which proposed remedial action will be 
taken; and (iii) the steps that Pathfinder has taken or will take to prevent the 
recurrence of any such noncompliance, including the schedule on which such 
preventive action will be taken.
(d) All Compliance Reports shall be submitted to the Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications Commission, 
Room 4-C330, 445 12th Street, S.W., Washington, D.C. 20554, with a copy 
submitted electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, 
Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Kenneth M. Scheibel, Jr. at 
Kenneth.Scheibel@fcc.gov, and Dana E. Leavitt at Dana.Leavitt@fcc.gov.   
19. Termination Date.  Unless stated otherwise, the requirements set forth in paragraphs 15 
through 18 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.  
20. Waivers.  Pathfinder 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 as defined 
herein.  Pathfinder 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 Pathfinder nor the Commission shall 
contest the validity of the Consent Decree or the Adopting Order, and Pathfinder shall waive any statutory 
right to a trial de novo.  Pathfinder hereby agrees to waive any claims it may have under the Equal Access 
to Justice Act
11
relating to the matters addressed in this Consent Decree.
21. Severability and Invalidity.  The Parties agree that if a court of competent jurisdiction 
renders any of the provisions of the Adopting Order or the Consent Decree invalid or unenforceable, such 
invalidity or unenforceability shall not invalidate or render unenforceable the entire Adopting Order or 
Consent Decree, but rather the entire Adopting Order or Consent Decree shall be construed as if not 
containing the particular invalid or unenforceable provision or provisions, and the rights and obligations 
of the Parties shall be construed and enforced accordingly.  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.
22. 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 Pathfinder does not expressly 
consent), that provision will be superseded by such Commission rule or order.
23. Successors and Assigns.  Pathfinder agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees.  
24. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.
25. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
                                                
11
5 U.S.C. § 504; 47 C.F.R. § 1.1501 et seq.
Federal Communications Commission       DA 14-1656
8
26. 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.
27. Authorized Representative.  Each Party represents and warrants to the other Party that it 
has full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree 
on behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this 
Consent Decree and to bind the Party to its terms and conditions. 
28. 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.
FEDERAL COMMUNICATIONS COMMISSION
___________________________
Travis LeBlanc
Chief
Enforcement Bureau
___________________________
Date
PATHFINDER COMMUNICATIONS 
CORPORATION
_____________________________
John F. Lapehn
Chief Financial Officer
_____________________________
Date