Federal Communications Commission DA 14-381
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Wal-Mart.com USA, LLC, a wholly-owned 
subsidiary of
Wal-Mart Stores, Inc.  
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File No.:  EB-SED-13-000091671
NAL/Acct. No.:  201432100014
FRN:  0023472772
ORDER
Adopted:  March 31, 2014 Released:  March 31, 2014 
By the Deputy Chief, Enforcement Bureau: 
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission 
(Commission) has settled its investigation into whether Wal-Mart.com USA, LLC (Wal-Mart.com USA) 
complied with the Commission’s rules pertaining to the marketing of certain wireless microphones.  
Under these rules, retailers must ensure that wireless microphones are properly authorized and include at 
the point of sale a consumer alert notifying consumers of specific conditions and restrictions applicable to 
the operation of such devices.  In response to the Commission’s investigation, Wal-Mart.com USA 
acknowledged that it had not previously included on its website the required consumer alert and that a 
supplier had not obtained an equipment authorization for one wireless microphone model until after it was 
offered for sale.  The company agreed to implement a robust three-year plan to ensure future compliance 
with these requirements.
2. In this Order, we adopt the attached Consent Decree entered into between the Bureau
Wal-Mart.com USA.  The Consent Decree resolves and terminates the Bureau’s investigation into Wal-
Mart.com USA’s compliance with Section 302(b) of the Communications Act of 1934, as amended 
(Act),2 and Sections 2.803, 15.201(b), and 15.216 of the Commission’s rules (Rules)3 pertaining to the 
marketing of certain wireless microphone models.
3. The Bureau and Wal-Mart.com USA have negotiated the Consent Decree that resolves 
this matter.  A copy of the Consent Decree is attached hereto and incorporated herein by reference.  
4. 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.
5. 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 Wal-Mart.com USA 
  
1 The investigation initiated under File No. EB-10-SE-078 was subsequently assigned File No. EB-SED-13-
00009167.  Any future correspondence with the FCC concerning this matter should reflect the new case number, 
File No. EB-SED-13-00009167.
2 47 U.S.C. § 302a(b).
3 47 C.F.R. §§ 2.803, 15.201, 15.216.
Federal Communications Commission DA 14-381
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possesses the basic qualifications, including those related to character, to hold or obtain any Commission 
license or authorization.
6. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the 
Act,4 and Sections 0.111 and 0.311 of the Rules,5 the Consent Decree attached to this Order IS 
ADOPTED.
7. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
8. 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 Kelly A. Thompson, Senior Vice 
President, Wal-Mart.com USA, LLC, 850 Cherry Ave., San Bruno, CA 94066, and to Gregory E. Kunkle, 
Esq., Keller and Heckman LLP, Counsel to Wal-Mart.com USA, LLC, 1001 G Street, N.W., Suite 500 
West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
David B. Kolker
Deputy Bureau Chief, Enforcement Bureau
  
4 47 U.S.C. §§ 154(i), 154(j), 503(b).
5 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 14-381
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Wal-Mart.com USA, LLC, a wholly-owned 
subsidiary of 
Wal-Mart Stores, Inc.  
)
)
)
)
)
)
)
File No.:  EB-SED-13-000091671
NAL/Acct. No.:  201432100014
FRN:  0023472772
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Wal-Mart.com USA, 
LLC,2 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,3 and Sections 2.803, 15.201(b), and 15.216 of the 
Commission’s rules4 pertaining to the marketing of certain wireless microphone models. 
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 collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which Wal-Mart.com 
USA is subject by virtue of its business activities, including but not limited to, the 
Equipment Marketing Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 10.
  
1 This investigation initiated under File No. EB-10-SE-078 was subsequently assigned File No. EB-SED-13-
00009167.  Any future correspondence with the FCC concerning this matter should reflect the new case number, 
File No. EB-SED-13-00009167. 
2 Wal-Mart.com USA, LLC, a wholly-owned subsidiary of Wal-Mart Stores, Inc. (Wal-Mart Stores), is an online 
retailer that operates an online retail website, www.walmart.com. 
3 47 U.S.C. § 302a(b).
4 47 C.F.R. §§ 2.803, 15.201(b), 15.216.
Federal Communications Commission DA 14-381
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(g) “Covered Employees” means all employees and agents of Wal-Mart.com USA who 
perform, or supervise, oversee, or manage the performance of duties that relate to 
Wal-Mart.com USA’s responsibilities under the Equipment Marketing Rules.  
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(i) “Equipment Marketing Rules” means Section 302(b) of the Act;5 Sections 2.803, 
15.201(b), and 15.216 of the Rules;6 and other Communications Laws governing the 
marketing of radio frequency devices within the United States and its territories.
(j) “Investigation” means the investigation commenced by the Bureau’s November 5, 
2010, letter of inquiry7 regarding whether Wal-Mart.com USA’s marketing of 
certain wireless microphones on Wal-Mart Store’s online retail website, 
walmart.com, complies with the Equipment Marketing Rules.
(k) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by Wal-Mart.com USA to implement the 
Compliance Plan.
(l) “Parties” means Wal-Mart.com USA and the Bureau, each of which is a “Party.”
(m) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(n) “Wal-Mart.com USA” means Wal-Mart.com USA, LLC, a wholly-owned subsidiary 
of Wal-Mart Stores, Inc., its predecessors-in-interest and successors-in-interest.
II. BACKGROUND
2. Pursuant to Section 302(b) of the Act8 and Section 2.803(b) of the Rules,9 radio 
frequency devices may not be marketed in the United States unless such devices comply with the 
applicable technical and administrative provisions of the Rules.  Section 2.803(a) 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.”10  
Pursuant to Section 15.201 of the Rules,11 intentional radiators,12 such as wireless microphones, must be 
  
5 47 U.S.C. § 302a(b).
6 47 C.F.R. §§ 2.803, 15.201(b), 15.216.
7 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Jeffrey 
J. Gearhart, Executive Vice President, General Counsel and Corporate Secretary, Wal-Mart Stores, Inc. (Nov. 5, 
2010) (on file in EB-SED-13-00009167).
8 47 U.S.C. § 302a(b).
9 47 C.F.R. § 2.803(b).
10 Id. § 2.803(a).
11 See id. § 15.201(b).
12 An intentional radiator is a “device that intentionally generates and emits radio frequency energy by radiation or 
induction.”  Id. § 15.3(o).
Federal Communications Commission DA 14-381
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authorized in accordance with the Commission’s certification procedures described in Sections 2.1031–
2.1060 of the Rules prior to the initiation of marketing in the United States.13
3. As part of the Commission’s efforts to clear the 700 MHz band for use by public safety 
and commercial licensees, the Commission prohibited the manufacture, importation, sale, lease, offer for 
sale or lease, or shipment of wireless microphones and other low power auxiliary stations14 intended for 
use in the 700 MHz band in the United States.15 In light of this prohibition, the Commission required that 
a consumer alert be displayed at the point of sale or lease of low power auxiliary stations, including 
wireless microphones, capable of operating in the core TV bands to ensure that users operate those 
devices in compliance with the Commission’s rules and policies.16 Specifically, Section 15.216(a)(1) of 
the Rules states that any person who manufacturers, sells, or offers for sale or lease wireless microphones 
and other low power auxiliary stations capable of operating in the core TV bands must display “in a clear, 
conspicuous, and readily legible manner” the following consumer alert (Consumer Alert) at the point of 
sale or lease of each such device.17  
Consumer Alert
Most users do not need a license to operate this wireless microphone system.  
Nevertheless, operating this microphone system without a license is subject to certain 
restrictions:  The system may not cause harmful interference; it must operate at a low 
power level (not in excess of 50 milliwatts); and it has no protection from interference 
received from any other device.  Purchasers should also be aware that the FCC is currently 
evaluating use of wireless microphone systems, and these rules are subject to change.  For 
more information, call the FCC at 1-888-CALL-FCC (TTY: 1-888-TELL-FCC) or visit the 
FCC’s wireless microphone Web site at http://www.fcc.gov/cgb/wirelessmicrophones.18
For wireless microphones that are offered for sale or lease online or via direct mail or catalog, the 
Consumer Alert “must be prominently displayed in close proximity to the images and descriptions of each 
wireless microphone.”19
  
13 See id. §§ 2.1031–2.1060.
14 Low power auxiliary stations are intended to transmit over distances of approximately 100 meters for uses such as 
wireless microphones, cue and control communications, and synchronization of TV camera signals.  See id. § 
74.801.
15 See Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, 
Report and Order and Further Notice of Proposed Rulemaking, 25 FCC Rcd 643, 672, para. 59 (2010) (Wireless 
Microphone Report and Order); see also 47 C.F.R. § 74.851.  The Commission also required that all low power 
auxiliary stations, including wireless microphones, cease operations in the 700 MHz band no later than June 12, 
2010.  See Wireless Microphone Report and Order, 25 FCC Rcd at 662–63, para. 36.  See also Wireless 
Microphones Are Not Permitted to Operate on Certain Frequencies after June 12, 2010; Users are Urged to Check 
Their Equipment and Take Necessary Steps to Ensure Compliance, Enforcement Advisory, 25 FCC Rcd 7409 (Enf. 
Bur. 2010).
16 See Wireless Microphone Report and Order, 25 FCC Rcd at 688, para. 95.  The Commission defined “point of 
sale or lease” as “the place where wireless microphones and other low power auxiliary stations are displayed or 
offered for consumers to purchase or lease.”  Id. at 689, n.280.
17 47 C.F.R. § 15.216(a)(1).  
18 Id. (Appendix to § 15.216—Consumer Alert).
19 Wireless Microphone Report and Order, 25 FCC Rcd at 689, para. 100; see also 47 C.F.R. § 15.216(a)(2), (3). 
Federal Communications Commission DA 14-381
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4. On November 5, 2010, the Bureau’s Spectrum Enforcement Division (Division) issued a 
letter of inquiry (LOI) to Wal-Mart Stores, directing Wal-Mart Stores to submit a sworn written response 
to a series of questions relating to its marketing of wireless microphones.20  Wal-Mart Stores responded to 
the LOI on December 20, 2010.21 In the LOI Response, Wal-Mart Stores stated that it does not market 
wireless microphones in its retail stores and that such devices are marketed exclusively on Wal-Mart.com 
USA’s online website, www.walmart.com.22 The LOI Response further indicated that Wal-Mart.com 
USA requires wholesalers and distributors that supply wireless microphones that are marketed on 
www.walmart.com to comply with all applicable FCC requirements.23 According to the LOI Response, 
Wal-Mart.com USA did not post the Consumer Alert on www.walmart.com in connection with the 
marketing of wireless microphones until November 17, 2010,24 after its receipt of the LOI.  In response to 
a subsequent inquiry from the Division, Wal-Mart.com USA reported that the supplier of one of the 
wireless microphone models offered on www.walmart.com had not secured an equipment authorization 
for the device until after the device was offered for sale.25 The Bureau and Wal-Mart.com USA executed 
tolling agreements to toll the statute of limitations,26 and subsequently agreed to negotiate a settlement.
III. TERMS OF AGREEMENT
5. 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.
6. Jurisdiction.  Wal-Mart.com USA 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.
7. 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.
8. 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 
  
20 See supra note 7.
21 See Letter from Wesley Wright, Counsel for Wal-Mart Stores, Inc., to Marlene H. Dortch, Secretary, Federal 
Communications Commission (Dec. 20, 2010) (on file in EB-SED-13-00009167) (LOI Response).
22 See id., Attachment at 2, 6.  According to the LOI Response, none of the wireless microphone models marketed 
on www.walmart.com on or after the effective date of Section 74.851 of the Rules operated in the 700 MHz band.  
See id., Attachment at 3.
23 See id, Attachment at 6.
24 See id.
25 See Letter from C. Douglas Jarrett, Keller and Heckman LLP, Counsel for Wal-Mart.com USA, LLC, to 
Katherine Power, Attorney Advisor, FCC Enforcement Bureau (July 27, 2012) at 2 (on file in EB-SED-13-
00009167).
26 See, e.g., Tolling Agreement Extension, executed by and between John D. Poutasse, Chief, Spectrum 
Enforcement Division, FCC Enforcement Bureau, and C. Douglas Jarrett, Keller and Heckman LLP, Counsel for 
Wal-Mart.com USA LLC (Jan. 10, 2014) (on file in EB-SED-13-00009167).
Federal Communications Commission DA 14-381
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terminate the Investigation.  In consideration for the termination of the Investigation, Wal-Mart.com USA 
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 Wal-Mart.com USA
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 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 Wal-Mart.com USA with respect to Wal-
Mart.com USA’s basic qualifications, including its character qualifications, to be a Commission licensee 
or to hold Commission licenses or authorizations.  
9. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Wal-
Mart.com USA 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 Wal-Mart.com USA complies with the terms and 
conditions of the Compliance Plan and this Consent Decree. In addition to 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 Equipment Marketing Rules prior to assuming his/her duties.
10. Compliance Plan.  For purposes of settling the matters set forth herein, Wal-Mart.com 
USA agrees that it shall develop and implement, as set forth in this paragraph, a Compliance Plan 
designed to ensure future compliance with the Communications Laws and with the terms and conditions 
of this Consent Decree.  With respect to the Equipment Marketing Rules, Wal-Mart.com USA shall 
implement the following procedures:
(a) Operating Procedures on Equipment Marketing.  Within sixty (60) calendar 
days after the Effective Date, Wal-Mart.com USA shall establish Operating 
Procedures that all Covered Employees must follow to help ensure Wal-
Mart.com USA’s compliance with the Equipment Marketing Rules.  Wal-
Mart.com USA’s Operating Procedures shall include internal procedures and 
policies specifically designed to ensure that (i) prior to the initiation of marketing 
(as such term is defined in Section 2.803(a) of the Rules27), all wireless 
microphones and other radio frequency devices to be marketed by Wal-
Mart.com USA comply with applicable technical standards, have been properly 
authorized (via the certification, verification, or declaration of conformity 
procedures, as applicable), and comply with the applicable administrative 
requirements relating to equipment labeling and consumer disclosure; and (ii) 
Wal-Mart.com USA displays at the point of sale of all low power auxiliary 
stations capable of operating in the core TV bands, including wireless 
microphones, the Consumer Alert required by Section 15.216 of the Rules.28
(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 the Equipment 
Marketing Rules, including the obligations to secure an equipment authorization 
from the FCC prior to marketing wireless microphones and other radio frequency 
  
27 See supra note 10 and accompanying text.
28 See 47 C.F.R. § 15.216.
Federal Communications Commission DA 14-381
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devices in the United States, and to display at the point of sale of all low power 
auxiliary stations capable of operating in the core TV bands, including wireless 
microphones, the Consumer Alert required by Section 15.216 of the Rules,29 and 
shall set forth the Operating Procedures that Covered Employees shall follow to 
help ensure Wal-Mart.com USA’s compliance with the Equipment Marketing 
Rules.  Wal-Mart.com USA shall periodically review and revise the Compliance 
Manual as necessary to ensure that the information set forth therein remains 
current and complete.  Wal-Mart.com USA shall distribute any revisions to the 
Compliance Manual promptly to all Covered Employees.  
(c) Compliance Training Program.  Within sixty (60) calendar days after the 
Effective Date, Wal-Mart.com USA will begin administering a Compliance 
Training Program for Covered Employees regarding compliance with the 
Equipment Marketing Rules and the Operating Procedures.  As part of the 
Compliance Training Program, Covered Employees shall be advised of Wal-
Mart.com USA’s obligation to report any noncompliance with the Equipment 
Marketing Rules under paragraph 11 of this Consent Decree and shall be 
instructed on how to disclose noncompliance to the Compliance Officer.  All 
Covered Employees shall be trained pursuant to the Compliance Training 
Program within ninety (90) calendar days after the Effective Date, except that 
any person who becomes a Covered Employee at any time after the Effective 
Date shall be trained within forty-five (45) calendar days after the date such 
person becomes a Covered Employee.  Wal-Mart.com USA 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.
11. Reporting Noncompliance.  Wal-Mart.com USA shall report any noncompliance with 
the Equipment Marketing Rules and with the terms and conditions of this Consent Decree within fifteen 
(15) calendar days after discovery of such noncompliance.  Such reports shall include a detailed 
explanation of (i) each instance of noncompliance; (ii) the steps that Wal-Mart.com USA 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 Wal-Mart.com USA has taken or will take to prevent the recurrence of any such 
noncompliance.  All reports of noncompliance shall be submitted in paper form to the Chief, Spectrum 
Enforcement Division, Enforcement Bureau, Federal Communications Commission, Room 3-C366, 445 
12th Street, S.W., Washington, DC 20554, with a copy submitted electronically to Josh Zeldis at 
Josh.Zeldis@fcc.gov and Pamera Hairston at Pamera.Hairston@fcc.gov.  
12. Compliance Reports.  Wal-Mart.com USA shall file Compliance Reports with the 
Commission ninety (90) calendar 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 Wal-Mart.com 
USA’s efforts during the relevant period to comply with the terms and conditions 
of this Consent Decree and the Equipment Marketing Rules.  In addition, each 
Compliance Report shall include a certification by the Compliance Officer, as an 
agent of and on behalf of Wal-Mart.com USA, stating that the Compliance 
Officer has personal knowledge that Wal-Mart.com USA (i) has established and 
  
29 See id.
Federal Communications Commission DA 14-381
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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 11 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.30
(c) If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of Wal-Mart.com USA, shall 
provide the Commission with a detailed explanation of the reason(s) why and 
describe fully (i) each instance of noncompliance; (ii) the steps that Wal-
Mart.com USA has taken or will take to remedy such noncompliance, including 
the schedule on which proposed remedial actions will be taken; and (iii) the steps 
that Wal-Mart.com USA 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 Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, Room 3-
C366, 445 12th Street, S.W., Washington, DC 20554, with a copy submitted 
electronically to Josh Zeldis at Josh.Zeldis@fcc.gov and Pamera Hairston at 
Pamera.Hairston@fcc.gov.
13. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 9 
through 12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
14. Voluntary Contribution.  Wal-Mart.com USA agrees that it will make a voluntary 
contribution to the United States Treasury in the amount of one hundred twenty thousand dollars 
($120,000) within thirty (30) calendar days after the Effective Date.  Wal-Mart.com USA shall also send
electronic notification of payment to Josh Zeldis at Josh.Zeldis@fcc.gov, Pamera Hairston at 
Pamera.Hairston@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov on the date said 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, a 
completed FCC Form 159 (Remittance Advice) must be submitted.31 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).  Below are additional instructions Wal-Mart.com USA should 
follow based on the form of payment it selects:
? Payment by check or money order must be made payable in United States Dollars 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 
  
30 See id. § 1.16.
31 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
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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.  
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.
If Wal-Mart.com USA has questions regarding payment procedures, it should contact the Financial 
Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15. Waivers.  Wal-Mart.com USA 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.  Wal-Mart.com USA 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 Wal-Mart.com 
USA nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and 
Wal-Mart.com USA shall waive any statutory right to a trial de novo.  Wal-Mart.com USA hereby agrees 
to waive any claims it may have under the Equal Access to Justice Act32 relating to the matters addressed 
in this Consent Decree.
16. 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.
17. 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 Wal-Mart.com USA does not 
expressly consent) that provision will be superseded by such Rule or Commission order.
18. Successors and Assigns.  Wal-Mart.com USA agrees that the provisions of this Consent 
Decree shall be binding on its successors, assigns, and transferees.  
19. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.  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.
20. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
21. 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.
  
32 Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also 47 
C.F.R. §§ 1.1501-1.1530.
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22. Authorized Representative.  The individual signing this Consent Decree on behalf of 
Wal-Mart.com USA represents and warrants that she is authorized by Wal-Mart.com USA to execute this 
Consent Decree and to bind Wal-Mart.com USA to the obligations set forth herein.  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.
23. 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
_____________________________
Kelly A. Thompson
Senior Vice President
Wal-Mart.com USA, LLC &
Wal-Mart Stores, Inc.
_____________________________
Date