Federal Communications Commission DA 15-1437
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Constellium Rolled Products Ravenswood, LLC, 
an indirect, wholly-owned subsidiary of 
Constellium N.V.
)
)
)
)
)
File No.:  EB-SED-13-00012123
NAL/Acct. No.:  201432100020
FRN:  0005812789
ORDER
Adopted:  December 30, 2015 Released:  December 30, 2015
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission 
(Commission) has entered into a Consent Decree to resolve its investigation into whether Constellium 
Rolled Products Ravenswood, LLC (Constellium) operated wireless radio stations without Commission 
authority, failed to timely file for authority to continue to operate these stations, and transferred control of 
wireless radio station licenses without prior Commission approval.  The Commission’s licensing rules are 
intended to prevent harmful interference with authorized radio communications services in the United 
States, and to facilitate the efficient administration of spectrum.  To settle this matter, Constellium admits 
that it violated the Commission’s licensing rules, will implement a three-year compliance plan designed 
to ensure future compliance with the Commission’s licensing rules, and will pay a $135,000 civil penalty.  
As part of the compliance plan, Constellium will hire and retain a compliance officer, develop a 
compliance manual, develop and implement compliance training for all covered employees, and submit to 
the Commission compliance reports at designated intervals.  As noted in the Consent Decree, although 
this figure is lower than the amount originally proposed against Constellium, that reduction in part 
reflects the Bureau’s consideration and acceptance of the company’s request that any penalty should be 
based on the four licenses Constellium ultimately obtained to cover its Private Land Mobile Radio 
Service (PLMRS) operations, rather than the eight expired PLMRS licenses on which the proposed 
forfeiture was based, and also reflects that Constellium has accepted additional obligations and expenses 
by agreeing to a compliance plan.  
2. 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 resolving the Notice of 
Apparent Liability for Forfeiture (NAL) regarding Constellium’s compliance with Sections 301 and 
310(d) of the Communications Act of 1934, as amended (Act),
1
Sections 1.903(a) and 1.948(a) of the 
Commission’s rules,
2
and the associated Commission orders requiring licensees to seek authority for any 
operation that occurs after a license expires,
3
all pertaining to (i) Constellium’s operation of Private Land 
Mobile Radio Service (PLMRS) stations without Commission authority, (ii) Constellium’s failure to file 
timely applications for authority to continue operating these stations, and (iii) its failure to obtain 
Commission consent prior to the transfer of control of PLMRS station authorizations.
                                                     
1
47 U.S.C. §§ 301, 310(d).
2
47 C.F.R. §§ 1.903(a), 1.948(a).
3
See Biennial Regulatory Review – Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the 
Commission’s Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless 
Telecommunications Services, Report and Order, 13 FCC Rcd 21027 (1998); Memorandum Opinion and Order on 
Reconsideration, 14 FCC Rcd 11476, 11485–86, para. 22 (1999).
Federal Communications Commission DA 15-1437
2
3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Constellium’s basic qualifications to hold or obtain any Commission license or 
authorization.
4
4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act
5
and 
the authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,
6
the attached Consent 
Decree IS ADOPTED and its terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED and 
the NAL IS CANCELED.
6. 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 Lloyd A. Stemple, President and 
Chief Executive Officer, Constellium Rolled Products Ravenswood, LLC, 859 Century Road, 
Ravenswood, West Virginia 26164; to Georgina L.O. Feigen, Esq., Butcher Feigen, LLC, 9116 Cranford 
Drive, Potomac, Maryland 20854; and to David H. Solomon, Esq., Wilkinson Barker Knauer LLP, 1800 
M Street, N.W., Suite 800N, Washington, DC 20036.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc 
Chief 
Enforcement Bureau
                                                     
4
See 47 C.F.R. § 1.93(b).
5
47 U.S.C. §§ 154(i), 503(b).
6
47 C.F.R §§ 0.111, 0.311.
Federal Communications Commission DA 15-1437
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Constellium Rolled Products Ravenswood, LLC,
an indirect, wholly-owned subsidiary of
Constellium N.V.
)
)
)
)
)
File No.:  EB-SED-13-00012123
NAL/Acct. No.:  201432100020
FRN:  0005812789
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Constellium 
Rolled Products Ravenswood, LLC (Constellium), by their authorized representatives, hereby enter into 
this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether 
Constellium violated Sections 301 and 310(d) of the Communications Act of 1934, as amended,
1
Sections 
1.903(a) and 1.948(a) of the Commission’s rules,
2
and the associated Commission orders requiring a 
licensee to seek authority for any operation that occurs after a license expires,
3
in connection with 
Constellium’s operation of Private Land Mobile Radio Service (PLMRS) stations without Commission 
authority, Constellium’s failure to timely file for authority to continue operating these stations, and its 
failure to obtain Commission consent prior to transferring control of PLMRS station authorizations.
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.
4
(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 Constellium is 
subject by virtue of its business activities, including but not limited to the Licensing 
Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 13.
                                                     
1
47 U.S.C. §§ 301, 310(d).
2
47 C.F.R. §§ 1.903(a), 1.948(a).
3
See Biennial Regulatory Review – Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the 
Commission’s Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless 
Telecommunications Services, Report and Order, 13 FCC Rcd 21027, 21071, para. 96 (1998) (Universal Licensing 
System Report and Order) (adopting, inter alia, Section 1.949 of the Rules); Memorandum Opinion and Order on 
Reconsideration, 14 FCC Rcd 11476, 11485–86, para. 22 (1999) (Universal Licensing System MO&O) (collectively, 
the Universal Licensing System Orders).
4
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 15-1437
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(g) “Constellium” means Constellium Rolled Products Ravenswood, LLC, its 
subsidiaries, as well as its predecessors-in-interest and its successors-in-interest.
(h) “Covered Employees” means all employees and agents of Constellium who perform 
or supervise, oversee, or manage the performance of, duties that directly relate to 
Constellium’s responsibilities under the Licensing Rules, unless those duties are 
limited to the use of the mobile radios.
(i) “Effective Date” means the date by which both the Bureau and Constellium have 
signed the Consent Decree.
(j) “Investigation” means the investigation into Constellium’s apparent violations of the 
Licensing Rules commenced by the Bureau’s August 2, 2013, Letter of Inquiry
5
in 
EB-SED-13-00012123 and expanded to include Constellium’s subsequent voluntary 
disclosure of additional apparent violations.
6
(k) “Licensing Rules” means Sections 301 and 310(d) of the Act, Sections 1.903(a), 
1.948 and 1.949(a) of the Rules, the Universal Licensing System Orders, and other 
Communications Laws that prohibit the use or operation of a wireless radio station 
without a valid Commission authorization or in a manner inconsistent with such 
authorization, and the assignment or transfer of control of radio station licenses 
without prior Commission approval.
(l) “NAL” means Constellium Rolled Products Ravenswood, LLC, Notice of Apparent 
Liability for Forfeiture, 29 FCC Rcd 6277 (2014).
(m) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by Constellium to implement the Compliance Plan.
(n) “Parties” means Constellium and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
3. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of 
any apparatus for the transmission of energy or communications or signals by radio except in accordance 
with a Commission-granted authorization.
7
  Licensees that want to operate after their licenses’ expiration 
must affirmatively request continued operating authority from the Commission.
8
  The Universal Licensing 
System Orders mandate the filing of certain applications to obtain such authority.
9
                                                     
5
See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Georgina 
L.O. Feigen, Esq., Counsel to Constellium Rolled Products Ravenswood, LLC (Aug. 2, 2013) (on file in EB-SED-
13-00012123).
6
The investigation into unlicensed operation was initiated under File No. EB-SED-13-00008685 while the 
investigation into the unauthorized transfer of control was initiated under EB-SED-14-00015138; these 
investigations were consolidated, however, under File No. EB-SED-13-00012123 prior to the release of the NAL.  
See NAL, 29 FCC Rcd at 6277 n.1.
7
47 U.S.C. § 301; 47 C.F.R. § 1.903(a).
8
See Universal Licensing System Report and Order, 13 FCC Rcd at 21071, para. 98 (directing licensees that fail to 
file timely renewal applications to submit a new application or, if necessary, an STA request); Universal Licensing 
System MO&O, 14 FCC Rcd at 11485–86, para. 22 (permitting, in the alternative, the acceptance and processing of 
late-filed renewal applications under certain circumstances).  In the Universal Licensing System MO&O, the 
Commission expressly held that it could “initiate enforcement action against the licensee for untimely filing and 
unauthorized operation between the expiration of the license and the late renewal filing, including, if appropriate, 
(continued….)
Federal Communications Commission DA 15-1437
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4. Under Section 310(d) of the Act, a Commission license may not be “transferred, 
assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer 
of control of any corporation holding such . . . license” until the licensee has sought and obtained 
Commission approval.
10
  Similarly, Section 1.948(a) of the Rules states that “authorizations in the 
Wireless Radio Services may be assigned by the licensee to another party, voluntarily or involuntarily, 
directly or indirectly, or the control of a licensee holding such authorizations may be transferred, only 
upon application to and approval by the Commission.”
11
5. Constellium operated Private Land Mobile Radio Service (PLMRS) stations without the 
necessary Commission authority, failed to timely file the associated applications for authority to continue 
operating these stations, and failed to obtain the requisite Commission consent prior to transferring 
control of PLMRS station authorizations.
12
  On May 29, 2014, the Commission issued the NAL for two 
hundred ninety-four thousand four hundred dollars ($294,400) against Constellium for these apparent 
violations of Sections 301 and 310(d) of the Act, Sections 1.903(a) and 1.948(a) of the Rules, and the 
Universal Licensing System Orders and associated rules.
13
  Specifically, the Commission proposed a 
$256,000 aggregate forfeiture against Constellium for the unauthorized operation of PLMRS stations and 
its failure to seek Commission authority for its continued station operations.
14
  In addition, the 
Commission proposed a $38,400 forfeiture against Constellium for its unauthorized transfer of control of 
the PLMRS station authorizations.
15
6. After settlement discussions, the Bureau and Constellium agree to the following terms 
and conditions of settlement and hereby enter into this Consent Decree as provided below.    
III. TERMS OF AGREEMENT
7. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
8. Jurisdiction.  Constellium 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.
9. 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 Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
10. 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, Constellium agrees 
to the terms, conditions, and procedures contained herein.  The Bureau further agrees that, in the absence 
(Continued from previous page)                                                            
the imposition of fines or forfeitures for these rule violations.”  Id. (emphasis added).  Section 1.949(a) of the Rules 
requires that licensees wishing to continue operations file renewal applications for wireless radio stations “no later 
than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to 
expiration.”  47 C.F.R. § 1.949(a).  If a licensee fails to file a timely renewal application, the Commission requires 
such licensee to seek temporary or new operating authority.  
9
See supra note 8.
10
47 U.S.C. § 310(d).
11
47 C.F.R. § 1.948(a).
12
See NAL, 29 FCC Rcd at 6278–80, paras. 3–7.
13
See supra note 3.
14
See NAL, 29 FCC Rcd at 6285, para. 15.
15
See id. at 6286–87, para. 17.
Federal Communications Commission DA 15-1437
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of new material evidence, it will not use the facts developed in the 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 Constellium 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 the existence of this 
Consent Decree, to institute on its own motion any proceeding, formal or informal, or to set for hearing 
the question of Constellium’s basic qualifications to be a Commission licensee or hold Commission 
licenses or authorizations.
16
11. Admission of Liability.  Constellium admits for the purpose of this Consent Decree and 
for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 10 
herein, that its actions that were the subject of the NAL violated the Licensing Rules.
12. Compliance Officer.  Within sixty (60) calendar days after the Effective Date, 
Constellium shall designate a senior corporate manager with the requisite corporate and organizational 
authority to serve as a 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 Constellium complies with the terms and conditions 
of the Compliance Plan and this Consent Decree.  In addition to the general knowledge of the 
Communications Laws necessary to discharge his or her duties under this Consent Decree, the 
Compliance Officer shall have specific knowledge of the Licensing Rules prior to assuming his/her 
duties.
13. Compliance Plan.  For purposes of settling the matters set forth herein, Constellium 
agrees that it shall, within ninety (90) calendar days after the Effective Date, develop and implement a 
Compliance Plan designed to ensure future compliance with the Licensing Rules and with the terms and 
conditions of this Consent Decree.  With respect to the Licensing Rules, Constellium will implement, at a 
minimum, the following procedures:
(a) Operating Procedures.  Within ninety (90) calendar days after the Effective Date, 
Constellium shall establish Operating Procedures that all Covered Employees must 
follow to help ensure Constellium’s compliance with the Licensing Rules.  As part of 
its Operating Procedures, the Compliance Officer shall designate a Covered 
Employee (or outside counsel or consultant who is knowledgeable in FCC licensing 
issues) to be responsible for developing and maintaining a database of all FCC 
licenses held by Constellium and the expiration date of each such license.  The 
Compliance Officer shall ensure that Constellium timely files an application for 
renewal for any FCC license that Constellium intends to operate after the license’s 
expiration date.  In addition, the Compliance Officer shall ensure that Constellium 
timely seeks and obtains Commission approval prior to the assignment or transfer of 
control of any of its FCC licenses.
(b) Compliance Manual.  Within ninety (90) 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 Licensing Rules and set forth 
the Operating Procedures that Covered Employees shall follow to help ensure 
Constellium’s compliance with the Licensing Rules.  Constellium shall periodically 
review and revise the Compliance Manual as necessary to ensure that the information 
set forth therein remains current and accurate.  Constellium shall distribute any 
revisions to the Compliance Manual promptly to all Covered Employees.
                                                     
16
See 47 C.F.R. § 1.93(b).
Federal Communications Commission DA 15-1437
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(c) Compliance Training Program.  Constellium shall establish and implement a 
Compliance Training Program on compliance with the Licensing Rules and the 
Operating Procedures.  As part of the Compliance Training Program, Covered 
Employees shall be advised of Constellium’s obligation to report any noncompliance 
with the Licensing Rules under paragraph 14 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 initial Compliance Training 
Program shall be trained within sixty (60) calendar days after the date such person 
becomes a Covered Employee.  Constellium shall repeat 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.
14. Reporting Noncompliance.  Constellium shall report any noncompliance with the 
Licensing Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar 
days after discovery by the Compliance Officer or a Covered Employee of such noncompliance.  Such 
reports shall include a detailed explanation of:  (i) each instance of noncompliance; (ii) the steps that 
Constellium 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 Constellium has taken or will take to prevent the 
recurrence of any such noncompliance.  All reports of noncompliance shall be submitted to the Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, Room 3-
C366, 445 12
th
Street, S.W., Washington, DC 20554, with a copy submitted electronically to Kathy 
Harvey at Kathy.Harvey@fcc.gov.
15. Compliance Reports.  Constellium shall file compliance reports with the Commission 
one hundred twenty (120) 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 Constellium’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the Licensing Rules.  In addition, each Compliance Report shall include a 
certification by the Compliance Officer, as an agent of and on behalf of Constellium, 
stating that the Compliance Officer has personal knowledge that Constellium:  (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 14 of this Consent 
Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement 
explaining the basis for such certification and shall 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.
17
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of Constellium, 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 Constellium has taken or will take to remedy 
such noncompliance, including the schedule on which proposed remedial actions will 
                                                     
17
47 C.F.R. § 1.16.
Federal Communications Commission DA 15-1437
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be taken; and (iii) the steps that Constellium 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, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, Room 3-
C366, 445 12
th
Street, S.W., Washington, DC 20554, with a copy submitted 
electronically to Kathy Harvey at Kathy.Harvey@fcc.gov.
16. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 12 
through 15 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.  
17. Civil Penalty.  Constellium will pay a civil penalty to the United States Treasury in the 
amount of One Hundred Thirty-Five Thousand Dollars ($135,000) within thirty (30) calendar days after 
the Effective Date.
18
  Constellium shall send electronic notification of payment to Kathy Harvey at 
Kathy.Harvey@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.
19
  When completing the FCC Form 
159, enter the NAL/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 should be 
followed based on the form of payment selected:
? 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.  
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.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
18. Waivers.  As of the Effective Date, Constellium waives any and all rights it may have to 
                                                     
18
The reduction from the proposed forfeiture amount in the NAL in part reflects the Bureau’s acceptance of 
Constellium’s request that any penalty should be based on the four licenses Constellium ultimately obtained to cover 
its PLMRS operations rather than the eight expired PLMRS licenses on which the NAL was based.  See Constellium 
Rolled Products Ravenswood, LLC, Statement Seeking Reduction of Proposed Forfeiture at 15 (June 27, 2014) (on 
file in EB-SED-13-00012123); NAL, 29 FCC Rcd at 6283, para. 12.  The Bureau will continue to use its discretion 
in the future, however, to make determinations regarding the appropriate number of PLMRS licenses to use in 
determining penalty calculations on a case-by-case basis.  
19
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 15-1437
7
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.  Constellium 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 
Consent Decree or the Adopting Order, neither Constellium nor the Commission shall contest the validity 
of the Consent Decree or the Adopting Order, and Constellium shall waive any statutory right to a trial de 
novo.  Constellium hereby agrees to waive any claims it may otherwise have under the Equal Access to 
Justice Act
20
relating to the matters addressed in this Consent Decree.
19. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
20. 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.
21. 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 Constellium does not expressly 
consent) that provision will be superseded by such Rule or Order.
22. Successors and Assigns.  Constellium agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees.
23. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.
24. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
25. 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.
26. Authorized Representative.  Each Party represents and warrants to the other 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.
                                                     
20
See 5 U.S.C. § 504; 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission DA 15-1437
8
27. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Lloyd A. Stemple
President and Chief Executive Officer
Constellium Rolled Products Ravenswood, LLC
________________________________
Date