Federal Communications Commission DA 20-1224 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Ubiquiti Inc. ) File No.: EB-SED-17-00024731 ) CD Acct. No.: 2021132100002 ) FRN: 0012268215 ) ) ORDER Adopted: October 21, 2020 Released: October 21, 2020 By the Chief, Enforcement Bureau: 1. The Commission s rules prohibit radio frequency devices marketed in the United States from interfering with licensed communications, thereby maintaining network integrity and security and protecting consumers. In furtherance of those objectives, the Enforcement Bureau (Bureau) has entered into a Consent Decree to resolve its investigation into whether Ubiquiti Inc. (Ubiquiti) violated the Commission s rules by marketing three WiFi access point devices that were not operating within their authorized parameters in violation of the Commission s equipment marketing and permissive change rules. Ubiquiti has taken measures to ensure the compliance of the three devices, including updating the firmware of the devices and filing Class II permissive changes with the Commission. To settle this matter, Ubiquiti admits that it violated the Commission s rules, will implement a compliance plan, and will pay a $250,000 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 Ubiquiti s compliance with the equipment marketing and permissive change rules. 3. In the absence of material new evidence relating to this matter, we do not set for hearing the question of Ubiquiti s basic qualifications to hold or obtain any Commission license or authorization.1 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act2 and the authority delegated by sections 0.111 and 0.311 of the Commission s rules,3 the attached Consent Decree IS ADOPTED and its terms incorporated by reference. 5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED in accordance with the terms of the attached Consent Decree. 1 See 47 CFR § 1.93(b). 2 47 U.S.C. § 154(i). 3 47 CFR §§ 0.111, 0.311. Federal Communications Commission DA 20-1224 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by e-mail to Nancy J. Victory, Esq., Counsel for Ubiquiti Inc., DLA Piper LLP. FEDERAL COMMUNICATIONS COMMISSION Rosemary C. Harold Chief Enforcement Bureau 2 Federal Communications Commission DA 20-1224 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Ubiquiti Inc. ) File No.: EB-SED-17-00024731CD ) Acct. No.: 202132100002 ) FRN: 0012268215 ) ) CONSENT DECREE 1. The Commission s rules prohibit radio frequency devices marketed in the United States from interfering with licensed communications in order to maintain network integrity and security, and to protect consumers. In furtherance of these objectives, the Commission s Enforcement Bureau and Ubiquiti Inc. (Ubiquiti), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau s investigation into whether Ubiquiti violated section 302(b) of the Communications Act of 1934, as amended,1 and sections 2.803, 2.1043, 15.205, and 15.209 of the Commission s rules2 related to the unauthorized marketing of certain wireless access point devices. To resolve this matter, Ubiquiti admits the violations of the Commission s rules described herein, agrees to implement a compliance plan, and will pay a $250,000 civil penalty. 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)  Bureau means the Enforcement Bureau of the Federal Communications Commission. (d)  CD Acct No. means account number 202132100002, associated with payment obligations described in paragraph 18 of this Consent Decree. (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 Ubiquiti is subject by virtue of its business activities, including but not limited to the Equipment Marketing Rules. (g)  Compliance Plan means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 14. (h)  Covered Employees means all employees and agents of Ubiquiti who perform, supervise, oversee, or manage the performance of, duties that relate to Ubiquiti s 1 47 U.S.C. § 302a(b). 2 47 CFR §§ 2.803, 2.1043, 15.205, 15.209. 3 47 U.S.C. § 151 et seq. Federal Communications Commission DA 20-1224 responsibilities under the Communications Laws, including the Equipment Marketing Rules. (i)  Effective Date means the date by which both the Bureau and Ubiquiti have signed the Consent Decree and the Bureau has released an Adopting Order. (j)  Equipment Marketing Rules means section 302(b) of the Act;4 sections 2.803, 2.1043, 15.205(a)-(b), and 15.209(a) 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 in EB-SED-17- 00024731 regarding whether Ubiquiti violated the Equipment Marketing Rules.6 (l)  Operating Procedures means the standard internal operating procedures and compliance policies established by Ubiquiti to implement the Compliance Plan. (m)  Parties means Ubiquiti 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. (o)  Ubiquiti or  Company means Ubiquiti Inc. and its subsidiaries, predecessors-in- interest, and successors-in-interest. 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 harmful interference to authorized radio services. Second, the Commission administers an equipment authorization program to ensure that equipment reaching the United States market 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 prior to marketing.9 In that regard, section 2.803(b) of the Commission s rules prohibits the marketing of radio 4 Id. § 302a(b). 5 47 CFR §§ 2.803, 2.1043, 15.205(a)-(b), 15.209(a). 6 See Letter of Inquiry from Aspasia A. Paroutsas, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Nancy J. Victory, Esq., Partner, DLA Piper LLP (Sept. 13, 2017) (on file in EB-SED-17-00024731) (LOI). 7 47 U.S.C. § 302a. 8 Id. § 302a(b). 9 The term  marketing is defined in the Rules and 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). 2 Federal Communications Commission DA 20-1224 frequency devices unless the device has first been properly authorized, identified, and labeled in accordance with the Rules, with limited exceptions.10 5. Ubiquiti markets wireless data communication products for enterprises and wireless broadband providers. After receiving a complaint alleging that certain Ubiquiti WiFi access points operated at higher power levels than those allowed in their grants of certification, the Commission s Office of Engineering and Technology (OET) obtained and tested several Ubiquiti UniFi access points. The investigation revealed that three of the device models  the UniFi AP AC LR (FCC ID: SWX- UAPACLR), UniFi AP AC PRO (FCC ID: SWX-UAPACPRO), and UniFi AP AC HD (FCC ID: SWX- UAPACHD) (the UniFi Access Points)  contained an error in the software driver calibration data. This caused these models to be capable of exceeding the radiated emissions limits set forth in section 15.209(a) of the Commission s rules, and the emissions from these models to emanate into a restricted frequency listed in section 15.205(a).11 Two of the Ubiquiti UniFi Access Points were also capable of exceeding the power levels identified in their certifications in violation of section 2.803 of the Commission s rules. 6. On April 4, 2019, the Bureau s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to Ubiquiti, directing it to submit a sworn written response to a series of questions relating to its marketing of wireless access points.12 On May 24, 2019, Ubiquiti responded to the LOI.13 In its response, Ubiquiti acknowledged that it marketed the UniFi Access Points and admitted that the devices were capable of operating at the unauthorized parameters as identified in OET s tests. In addition, the Company stated that it delivered a firmware update on May 22, 2019, to all devices currently being operated in the U.S., and that this update resolved the excessive power and radiated emission issues the FCC observed in the Ubiquiti UniFi Access Points.14 At the Commission s request, the Company also filed Class II permissive changes on September 23, 2020 with a Telecommunication Certification Body for the UniFi Access Points that included measurements and data demonstrating that the three devices were in compliance with the minimum requirements of all relevant Equipment Marketing Rules applicable to the three devices. On September 28, 2020, following pre-approval guidance review and approval by OET, the Telecommunication Certification Body granted the Company s Class II permissive change filings. 7. Ubiquiti and the Bureau subsequently engaged in settlement negotiations. To settle this matter, Ubiquiti and the Bureau enter into this Consent Decree and agree to the following terms and conditions. III. TERMS OF AGREEMENT 8. Adopting Order. The provisions of this Consent Decree shall be incorporated by the Bureau in an Adopting Order. 9. Jurisdiction. Ubiquiti 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. 10. 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 See id. §§ 2.803(b)-(c). 11 Restricted frequencies are frequencies in which only spurious emissions are permitted. See 47 CFR § 15.205. 12 See Letter of Inquiry from Elizabeth Y. Mumaw, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Nancy J. Victory, Esq., Partner, DLA Piper LLP (Apr. 4, 2019) (on file in EB-SED-17-00024731). 13 See Response to Letter of Inquiry, from Nancy J. Victory, Esq., Partner, DLA Piper LLP, to Marlene H. Dortch, FCC Secretary (May 24, 2019) (on file in EB-SED-17-00024731) (Response). 14 See Response at 3-4. 3 Federal Communications Commission DA 20-1224 11. 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, Ubiquiti 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 any new proceeding on its own motion against Ubiquiti concerning the matters that were the subject of the Investigation, or to set for hearing the question of Ubiquiti s basic qualifications to be a Commission licensee or hold Commission licenses or authorizations based on the matters that were the subject of the Investigation.15 12. Admission of Liability. Ubiquiti admits for the purpose of this Consent Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 11 herein, that the three UniFi Access Points were capable of exceeding the applicable radiated emissions limits and/or the power levels identified in their certifications, violating sections 2.803(b)(1), 15.205(b), and/or 15.209(a) of the Equipment Marketing Rules as described in paragraphs 5 and 6. 13. Compliance Officer. Within sixty (60) calendar days after the Effective Date, Ubiquiti 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 Ubiquiti 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 Equipment Marketing Rules prior to assuming his/her duties. 14. Compliance Plan. For purposes of settling the matters set forth herein, Ubiquiti 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 Communications Laws and with the terms and conditions of this Consent Decree. With respect to the Equipment Marketing Rules, Ubiquiti will implement, at a minimum, the following procedures: (a) Operating Procedures. Within sixty (60) calendar days after the Effective Date, Ubiquiti shall establish Operating Procedures that all Covered Employees must follow to help ensure Ubiquiti s compliance with the Equipment Marketing Rules. Ubiquiti s Operating Procedures shall include internal procedures and policies specifically designed to ensure that all radio frequency devices to be marketed by Ubiquiti are properly authorized and compliant with the applicable technical and administrative standards and requirements prior to the initiation of marketing and that they remain in compliance as updates to equipment are deployed. Additionally, Ubiquiti will establish a procedure for retaining documentation supporting device compliance prior to the initiation of marketing.16 Ubiquiti shall also develop a Compliance Checklist that describes the steps that a Covered Employee must follow to ensure compliance with the Equipment Marketing Rules. (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 Equipment Marketing Rules and set forth the Operating Procedures that Covered Employees shall follow to help ensure Ubiquiti s compliance with the Equipment Marketing Rules. Ubiquiti shall periodically review and revise the Compliance Manual as necessary to ensure that the information set forth therein remains current and 15 See 47 CFR § 1.93(b). 16 See 47 CFR § 2.938. 4 Federal Communications Commission DA 20-1224 accurate. Ubiquiti shall distribute any revisions to the Compliance Manual promptly to all Covered Employees. (c) Compliance Training Program. Ubiquiti shall establish and implement a Compliance Training Program on compliance with the Equipment Marketing Rules and the Operating Procedures. As part of the Compliance Training Program, Covered Employees shall be advised of Ubiquiti s obligation to report any noncompliance with the Equipment Marketing Rules under paragraph 15 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. Ubiquiti 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. 15. Reporting Noncompliance. Ubiquiti 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 Ubiquiti 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 Ubiquiti has taken or will take to prevent the recurrence of any such noncompliance. All reports of noncompliance shall be submitted electronically to Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, EB-SED-Response@fcc.gov, with a copy submitted electronically to Paul.Noone@fcc.gov. 16. Compliance Reports. Ubiquiti 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 Ubiquiti 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 Ubiquiti, stating that the Compliance Officer has personal knowledge that Ubiquiti: (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 15 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 Ubiquiti, 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 Ubiquiti has taken or will take to remedy such noncompliance, including the schedule on which proposed remedial actions will be 17 47 CFR § 1.16. 5 Federal Communications Commission DA 20-1224 taken; and (iii) the steps that Ubiquiti 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, EB-SED- Response@fcc.gov, with a copy submitted electronically to Paul.Noone@fcc.gov. 17. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 13 through 16 of this Consent Decree shall expire thirty-six (36) months after the Effective Date. 18. Civil Penalty. Ubiquiti will pay a civil penalty to the United States Treasury in the amount of two hundred fifty thousand dollars ($250,000) within thirty (30) calendar days of the Effective Date. Ubiquiti acknowledges and agrees that upon execution of this Consent Decree, the Civil Penalty shall become a  Claim or  Debt as defined in 31 U.S.C. § 3701(b)(1).18 Upon an Event of Default, all procedures for collection as permitted by law may, at the Commission s discretion, be initiated. Ubiquiti shall send electronic notification of payment to Paul Noone at Paul.Noone@fcc.gov and to the Spectrum Enforcement Division s mailbox at EB-SED-Response@fcc.gov on the date said payment is made. Payment of the Civil Penalty must be made by credit card, ACH (Automated Clearing House) debit from a bank account using the Commission s Fee Filer (the Commission s online payment system),19 or by wire transfer. The Commission no longer accepts Civil Penalty payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:20 " Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. A completed Form 159 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated. Failure to provide all required information in Form 159 may result in payment not being recognized as having been received. When completing FCC Form 159, enter the Account Number in block number 23A (call sign/other ID), enter the letters  FORF in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN).21 For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing- databases/fees/wire-transfer. " Payment by credit card must be made by using the Commission s Fee Filer website at https://apps.fcc.gov/FeeFiler/login.cfm. To pay by credit card, log-in using the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select  Pay bills on the Fee Filer Menu, and select the bill number associated with the CD Acct. No.  the bill number is the CD Acct. No. with the first two digits excluded  and then choose the  Pay by Credit Card option. IMPORTANT NOTE: there is a $24,999.99 limit on credit card transactions. " Payment by ACH must be made by using the Commission s Fee Filer website at https://apps.fcc.gov/FeeFiler/login.cfm. To pay by ACH, log in using the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select  Pay bills on the Fee Filer Menu and then select the bill number associated with the CD Acct. No.  the bill number is the CD Acct. No. with the first two digits excluded (e.g., NAL 1912345678 = FCC bill Number 12345678)  and choose the  Pay from Bank 18 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 19 Payments made using the Commission s Fee Filer system do not require the submission of an FCC Form 159. 20 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov. 21 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 6 Federal Communications Commission DA 20-1224 Account option. Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions. 19. Event of Default. Ubiquiti agrees that an Event of Default shall occur upon the failure by Ubiquiti to pay the full amount of the Civil Penalty on or before the due date specified in this Consent Decree. 20. 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%, 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 the law, including but not limited to 31 U.S.C. § 3717 and administrative charges, 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 Ubiquiti. 21. Waivers. As of the Effective Date, Ubiquiti 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. Ubiquiti 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 Ubiquiti nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and Ubiquiti shall waive any statutory right to a trial de novo. Ubiquiti hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act22 relating to the matters addressed in this Consent Decree. 22. 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. 23. 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. 24. 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 Ubiquiti does not expressly consent) that provision will be superseded by such Rule or order. 25. Successors and Assigns. Ubiquiti agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 26. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 27. Modifications. This Consent Decree cannot be modified without the advance written consent of both Parties. 28. 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. 22 See 5 U.S.C. § 504; 47 CFR §§ 1.1501 1.1530. 7 Federal Communications Commission DA 20-1224 29. 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. 30. 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. ________________________________ Rosemary C. Harold Chief Enforcement Bureau ________________________________ Date ________________________________ Mark Feil Compliance Manager Ubiquiti Inc. ________________________________ Date 8