Federal Communications Commission DA 17-471
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
AFX, Inc.
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)
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File No.: EB-SED-16-00021127
Acct. No.: 201732100004
FRN: 0026514349
ORDER
Adopted:  May 23, 2017 Released:  May 23, 2017
By the Acting Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether AFX, Inc. (AFX or Company) 
marketed radio frequency devices that were unauthorized under the Commission’s rules and caused 
interference with AM/FM radio reception.  These regulations ensure that radio transmitters and other 
electronic devices meet certain standards and comply with the Commission’s technical requirements in 
order to prevent harmful interference from occurring once devices are marketed to the public.  To settle 
this matter, AFX will implement a compliance plan to ensure that it adheres to the Commission’s rules 
and will pay a $90,000 civil penalty. 
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 terminating the 
referenced investigation regarding AFX’s marketing of unauthorized radio frequency devices, and 
compliance with Section 302(b) of the Communications Act of 1934, as amended (Act),
1
and Sections 
2.803(b)(2), 15.107(a), and 15.109(a) of the Commission’s rules (Rules).
2
3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of AFX’s basic qualifications to hold or obtain any Commission license or authorization.
3
4. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act
4
and the 
authority delegated by Sections 0.111 and 0.311 of the Rules,
5
the attached Consent Decree IS 
ADOPTED and its terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
                                                     
1
47 U.S.C. § 302a(b).
2
47 CFR §§ 2.803(b)(2), 15.107(a), 15.109(a).
3
See 47 CFR § 1.93(b).
4
47 U.S.C. § 154(i).
5
47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 17-471
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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 Tim Tevyaw, President, AFX, Inc., 
2345 Ernie Krueger Circle, Waukegan, Illinois 60087, and to Stephen E. Coran, Esq., Lerman Senter, 
PLLC, 2001 L Street, N.W., Suite 400, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Michael S. Carowitz
Acting Chief
Enforcement Bureau
Federal Communications Commission DA 17-471
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
AFX, Inc.
)
)
)
)
)
)
)
File No.: EB-SED-16-00021127
Acct. No.: 201732100004
FRN: 0026514349
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and AFX, Inc. 
(AFX or Company), by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether AFX violated Section 302(b) 
of the Communications Act of 1934, as amended,
1
and Sections 2.803(b)(2), 15.107(a), and 15.109(a) of 
the Commission’s rules
2
in connection with the Company’s marketing of unauthorized radio frequency 
devices.
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.
3
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “AFX” or “Company” means AFX, Inc. and its affiliates, subsidiaries, predecessors-
in-interest, and successors-in-interest.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(e) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.
(f) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which AFX is subject 
by virtue of its business activities, including but not limited to the Equipment
Authorization and Marketing Rules.
(g) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 13.
(h) “Covered Employees” means all employees and agents of AFX who perform, or 
supervise, oversee, or manage the performance of, duties that relate to AFX’s 
responsibilities under the Communications Laws, including the Equipment
Authorization and Marketing Rules.
                                                     
1
47 U.S.C. § 302a(b).
2
47 CFR §§ 2.803(b)(2), 15.107(a), 15.109(a).
3
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 17-471
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(i) “Effective Date” means the date by which both the Bureau and AFX have signed the 
Consent Decree.
(j) “Equipment Authorization and Marketing Rules” means Section 302(b) the Act;
4
Sections 2.803, 2.925, and 15.101 of the Commission’s rules;
5
and other provisions 
of the Act, the Rules, and Commission orders related to the authorization of radio 
frequency devices and the marketing of such devices.
(k) “Investigation” means the investigation commenced by the Bureau’s June 29, 2016 
Letter of Inquiry regarding whether the marketing of certain radio frequency devices 
by AFX complied with the Equipment Authorization and Marketing Rules.
6
(l) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by AFX to implement the Compliance Plan.
(m) “Parties” means AFX and the Bureau, each of which is a “Party.”
(n) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
3. Section 302 of the Act authorizes the Commission to promulgate reasonable regulations 
to minimize harmful interference by equipment that emits radio frequency energy.
7
  Specifically, 
Section 302(b) of the Act provides that “[n]o person shall manufacture, import, sell, offer for sale, or ship 
devices or home electronic equipment and systems, or use devices, which fail to comply with regulations 
promulgated pursuant to this section.”
8
  The purpose of Section 302 of the Act is to ensure that radio 
transmitters and other electronic devices meet certain standards to control interference before they reach 
the market.  
4. The Commission carries out its responsibilities under Section 302 of the Act in two 
ways.  First, the Commission establishes technical requirements for transmitters and other equipment to 
minimize their potential for causing interference to authorized radio services.  Second, the Commission 
administers an equipment authorization program to ensure that equipment reaching the market in the 
United States complies with the technical and administrative requirements set forth in the Commission’s 
rules.  The equipment authorization program requires, among other things, that radio frequency devices 
must be tested for compliance with the applicable technical requirements in accordance with one of three 
authorization procedures—i.e., certification, Declaration of Conformity, or verification—prior to 
marketing.
9
  In that regard, Section 2.803(b) of the Rules prohibits the marketing of radio frequency 
devices unless the device has first been properly authorized, identified, and labeled in accordance with the 
Rules, with limited exceptions.
10
  
                                                     
4
47 U.S.C. § 302a(b).
5
47 CFR §§ 2.803, 2.925, 15.101.
6
See Letter from Bruce D. Jacobs, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Tim 
Tevyaw, President, AFX, Inc. (June 29, 2016) (on file in EB-SED-16-00021127).
7
47 U.S.C. § 302a.
8
Id. § 302a(b).
9
“Marketing” includes the “sale or lease, or offering for sale or lease, including advertising for sale or lease, or 
importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.”  47 CFR 
§ 2.803(a).
10
See id. § 2.803(b), (c).
Federal Communications Commission DA 17-471
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5. AFX is a privately-held company that manufactures and distributes lighting fixtures that 
are used in residential and commercial properties.  AFX’s “NLL Series” under-cabinet LED light fixtures 
were reportedly causing interference to AM/FM radio transmissions.  Subsequently, on June 29, 2016, the 
Bureau’s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to AFX, directing it to submit 
a sworn written response to a series of questions relating to AFX’s marketing of its LED lighting fixtures 
in the United States.
11
  Under the Commission’s rules, these light fixtures are considered unintentional 
radiators and must comply with the Commission’s equipment authorization procedures and the relevant 
technical rules.
12
  During the course of the investigation, the evidence revealed that prior to AFX’s receipt 
of the LOI, the LED light fixtures were not tested and authorized under the Commission’s equipment 
authorization rules prior to marketing.
13
  Further, AFX continued to market the light fixtures at issue for 
certain times during an approximately five-month period after receipt of the LOI.  AFX did so to 
minimize financial and reputational harm to the Company.
14
  AFX subsequently resolved all matters
relating to its apparent noncompliance with the Commission’s equipment marketing rules.
15
6. The Bureau and AFX negotiated the following terms and conditions of settlement and 
hereby enter into this Consent Decree as provided herein.
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.  AFX 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, AFX agrees to the 
terms, conditions, and procedures contained herein. The Bureau further 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 new proceeding, formal or 
informal, or take any action on its own motion against AFX 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 
                                                     
11
See supra note 6.  The investigation began in response to a complaint alleging that AFX light fixtures caused 
interference with AM/FM radio reception at a residence.  
12
47 CFR §§ 15.107, 15.109, 2.803.
13
47 U.S.C. § 302a(b); 47 CFR § 2.803.  
14
See Letter from Tim Tevyaw, President, AFX, Inc., to Aspasia Paroutsas, Chief, Spectrum Enforcement Division, 
FCC Enforcement Bureau (Nov. 9, 2016) referencing Letter from Tim Tevyaw, President, AFX, Inc., to Bruce D. 
Jacobs, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Oct. 7, 2016) (on file in EB-SED-16-
00021127).
15
47 CFR § 2.803.
Federal Communications Commission DA 17-471
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question of AFX’s basic qualifications to be a Commission licensee or hold Commission licenses or 
authorizations.
16
11. Admission.  AFX admits for the purpose of this Consent Decree and for the 
Commission’s civil enforcement purposes that it engaged in the actions described in paragraph 5 herein. 
12. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, AFX
shall designate a corporate officer/principal 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 AFX complies with the terms and conditions of the Compliance Plan and this 
Consent Decree.
13. Compliance Plan.  For purposes of settling the matters set forth herein, AFX agrees that 
it shall, within sixty (60) calendar days after the Effective Date, develop and implement 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 Authorization and Marketing Rules, 
AFX will implement, at a minimum, the following procedures:
(a) Operating Procedures.  Within thirty (30) calendar days after the Effective Date, 
AFX shall establish Operating Procedures that all Covered Employees must follow 
to help ensure AFX’s compliance with the Equipment Authorization and Marketing 
Rules.  AFX’s Operating Procedures shall include internal procedures and policies 
specifically designed to ensure that prior to the initiation of marketing (as such term 
is defined in Section 2.803 of the Commission’s rules
17
), all radio frequency devices 
to be marketed by AFX comply with applicable technical standards, have been 
properly authorized (via the certification, verification, or Declaration of Conformity 
procedures, as appropriate), and comply with the applicable administrative 
requirements relating to equipment labeling and consumer disclosures.
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(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 
Authorization and Marketing Rules and set forth the Operating Procedures that 
Covered Employees shall follow to help ensure AFX’s compliance with those Rules.  
(c) Compliance Training Program.  AFX shall establish and implement a Compliance 
Training Program to ensure compliance with the Equipment Authorization and 
Marketing Rules and the Operating Procedures.  As part of the Compliance Training 
Program, Covered Employees shall be advised of AFX’s obligation to report any 
noncompliance with the Equipment Authorization and Marketing Rules under 
paragraph 14 of this Consent Decree and shall be instructed on how to disclose 
noncompliance to the Compliance Officer.  
14. Reporting Noncompliance.  AFX shall report any noncompliance with the Equipment 
Authorization and 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 an
explanation of: (i) each instance of noncompliance; (ii) the steps that AFX has taken or will take to 
remedy such noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the 
                                                     
16
See 47 CFR 1.93(b).
17
See supra note 9 and accompanying text.
18
See 47 CFR §§ 2.803, 2.925, 15.19, 15.105.
Federal Communications Commission DA 17-471
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steps that AFX has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
noncompliance shall be submitted to Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission, 445 12
th
Street, SW, Rm. 4C-224, 
Washington, DC 20554, with copies submitted electronically to Paul Noone at Paul.Noone@fcc.gov and 
Leslie Barnes at Leslie.Barnes@fcc.gov.
15. Compliance Reports.  AFX 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 AFX’s efforts during 
the relevant period to comply with the terms and conditions of this Consent Decree 
and the Equipment Authorization and Marketing Rules.  In addition, each 
Compliance Report shall include a certification by the Compliance Officer, as an 
agent of and on behalf of AFX, stating that the Compliance Officer has personal 
knowledge that AFX: (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 that his/her personal knowledge is 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.
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(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of AFX, shall provide the Commission with an
explanation of the reason(s) why and describe:  (i) each instance of noncompliance; 
(ii) the steps that AFX 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 AFX 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 Aspasia A. Paroutsas, Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, 445 12
th
Street, SW, Rm. 4C-224, Washington, DC 20554, with copies 
submitted electronically to Paul Noone at Paul.Noone@fcc.gov and Leslie Barnes at 
Leslie.Barnes@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.  AFX will pay a civil penalty to the United States Treasury in the amount 
of ninety thousand dollars ($90,000).  Such payment shall be made in five installments (each an 
Installment Payment).  The first Installment Payment in the amount of ten thousand dollars ($10,000) is 
due on or before thirty (30) calendar days after the Effective Date.  The second Installment Payment in 
the amount of twenty thousand dollars ($20,000) is due on or before sixty (60) calendar days after the 
Effective Date.  The third Installment Payment in the amount of twenty thousand dollars ($20,000) is due 
on or before one hundred eighty (180) calendar days after the Effective Date.  The fourth Installment
                                                     
19
47 CFR § 1.16.
Federal Communications Commission DA 17-471
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Payment in the amount of twenty thousand dollars ($20,000) is due on or before two hundred seventy 
(270) calendar days after the Effective Date.  The fifth Installment Payment in the amount of twenty 
thousand dollars ($20,000) is due on or before three hundred sixty (360) calendar days after the Effective 
Date.  AFX 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).
20
  
Upon an Event of Default (as defined below), all procedures for collection as permitted by law may, at the 
Commission’s discretion, be initiated.  AFX shall send electronic notification of payment to 
Paul.Noone@fcc.gov, Leslie Barnes at Leslie.Barnes@fcc.gov, and Samantha Peoples at 
Samantha.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 Account Number and FRN 
referenced in the caption of the Adopting Order.  Regardless of the form of payment, a completed FCC 
Form 159 (Remittance Advice) must be submitted.
21
  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 that should be followed based on the form of 
payment selected:
? Payment by check or money order must be made payable to the Federal Communications 
Commission. Such payments (along with the completed FCC 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 FCC 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 to authorize the credit card payment.  The 
completed FCC 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. Event of Default.  AFX agrees that an Event of Default shall occur upon the failure by 
AFX to pay the full amount of any Installment Payment on or before the due date specified in this 
Consent Decree.  
19. 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 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, any penalties permitted and/or required by law, 
including but not limited to 31 U.S.C. § 3717 and administrative charges, plus the costs of collection, 
                                                     
20
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
21
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 17-471
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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 AFX.
20. Waivers.  As of the Effective Date, AFX 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.  AFX 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 AFX nor the Commission shall contest the validity of the Consent 
Decree or the Adopting Order, and AFX shall waive any statutory right to a trial de novo.  AFX hereby 
agrees to waive any claims it may otherwise have under the Equal Access to Justice Act
22
relating to the 
matters addressed in this Consent Decree.
21. 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.
22. 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.
23. 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 AFX does not expressly consent) 
that provision will be superseded by such Rule or Order.
24. Successors and Assigns.  AFX agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.
25. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.  
26. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
27. 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.
28. 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.
                                                     
22
See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 17-471
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29. 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.
________________________________
Michael S. Carowitz
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
William Solomon
CEO
AFX, Inc.
________________________________
Date