Federal Communications Commission DA 26-110 Before the Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of ) File No.: EB-IHD-25-00038600 ) CD Acct. No.: 202632080003 DR Fortress, LLC ) FRN: 0025193376 ) ) ORDER Adopted: February 6, 2026 Released: February 6, 2026 By the 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 DR Fortress, LLC (DR Fortress) violated the Cable Landing License Act of 1921, section 1.767 of the Commission’s rules, and the terms and conditions of its cable landing license, when it failed to obtain prior Commission approval for the transfer of control of its cable landing license for the Hawaiki submarine cable system. To settle this matter, DR Fortress will implement a compliance plan and will pay a $40,000 voluntary contribution. 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 DR Fortress’ compliance with the Cable Landing License Act of 1921, section 1.767 of the Commission’s rules, and the terms and conditions of the Hawaiki cable landing license.1 3. In the absence of material new evidence relating to this matter, we do not set for hearing the question of DR Fortress’ basic qualifications to hold or obtain any Commission license or authorization.2 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission’s rules, 47 CFR §§ 0.111, 0.311, 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. § 34; 47 CFR § 1.767; Actions Taken Under Cable Landing License Act Section 1.767(a) Cable Landing Licenses, Modifications, & Assignments or Transfers of Control of Ints. in Cable Landing Licenses (47 C.F.R. 1.767(a)), Public Notice, 32 FCC Rcd 10428 (2017) (File No. SCL-LIC-20160906-00019). 2 See 47 CFR § 1.93(b). Federal Communications Commission DA 26-110 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 Nathan Osada, Chief Counsel, DR Fortress, LLC, 3375 Koapaka Street, Suite D198, Honolulu, HI 96819, and Brett Ferenchak, Tamar Finn, J.G. Harrington, Cooley LLP, Counsel for DR Fortress, LLC, 1299 Pennsylvania Avenue NW, Suite 700, Washington, D.C. 20004. FEDERAL COMMUNICATIONS COMMISSION Patrick Webre Chief Enforcement Bureau 2 Federal Communications Commission DA 26-110 Before the Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of ) File No.: EB-IHD-25-00038600 ) CD Acct. No.: 202632080003 DR Fortress, LLC ) FRN: 0025193376 ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission (FCC or Commission) and DR Fortress, LLC (DR Fortress), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether DR Fortress violated the Cable Landing License Act of 1921, section 1.767 of the Commission’s rules, and the terms and conditions of its cable landing license, when DR Fortress failed to obtain prior Commission approval for the transfer of control of its cable landing license for the Hawaiki submarine cable system. To resolve this matter, DR Fortress agrees to implement a compliance plan and pay a $40,000 voluntary contribution. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: (a) “Adopting Order” means an order of the Bureau adopting the terms of this Consent Decree without change, addition, deletion, or modification. (b) “Bureau” means the Enforcement Bureau of the Federal Communications Commission. (c) “Cable Landing License Transfer Rules” means 47 CFR § 1.767(g)(6) and (7). (d) “CD Acct No.” means account number 202632080003, associated with payment obligations described in paragraph 22 of this Consent Decree. (e) “Commission” and “FCC” mean the Federal Communications Commission and all of its bureaus and offices. (f) “Compliance Plan” means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 18. (g) “Compliance Officer” means a senior corporate manager with the requisite corporate and organizational authority to fulfill the duties set forth in paragraph 17. (h) “Covered Employees” means all employees and agents of Licensee who perform, supervise, oversee, or manage the performance of, duties that relate to Licensee’s responsibilities under the Cable Landing License Transfer Rules. (i) “DR Fortress” means DR Fortress, LLC. (j) “Effective Date” means the date by which both the Bureau and DR Fortress have signed the Consent Decree and the Bureau has released an Adopting Order. (k) “Hawaiki Cable System” means the cable system connecting the United States, Federal Communications Commission DA 26-110 Australia, and New Zealand under the following FCC license: Actions Taken Under Cable Landing License Act Section 1.767(a) Cable Landing Licenses, Modifications, & Assignments or Transfers of Control of Ints. in Cable Landing Licenses (47 C.F.R. 1.767(a)), Public Notice, 32 FCC Rcd 10428 (2017) (File No. SCL-LIC-20160906- 00019). (l) “Investigation” means the investigation commenced by the Bureau in EB-IHD-25- 00038600 regarding whether DR Fortress violated 47 U.S.C. § 34 and 47 CFR § 1.767. (m) “Licensee,” for purposes of effectuating the terms of this Consent Decree, means DR Fortress, LLC while it was a licensee to the Hawaiki Cable System, and its successors-in-interest as licensee, including but not limited to, GI DI Fortress SpinCo LLC. (n) “Operating Procedures” means the standard internal operating procedures and compliance policies established by Licensee to implement the Compliance Plan. (o) “Parties” means Licensee and the Bureau, each of which is a “Party.” (p) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal Regulations. (q) “SpinCo” means GI DI Fortress SpinCo LLC and its successors-in-interest. II. BACKGROUND 3. Legal Background. Under the Cable Landing License Act of 1921 (Cable Landing License Act), a person1 is prohibited from landing or operating in the United States “any submarine cable directly or indirectly connecting the United States2 with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States.”3 The Commission has been delegated the President’s authority under the Cable Landing License Act.4 4. The Commission regulates United States-international as well as domestic submarine cable systems (i.e., cables that do not connect the United States with foreign points), unless all of the cables, including both terminals, lie wholly within the continental United States.5 The Commission has authority to grant, withhold, revoke, or condition submarine cable landing licenses.6 Cable landing licenses are subject to all Commission rules and regulations including certain routine conditions.7 In relevant part, all licensees agree that the “cable landing license and rights granted in the license shall not be transferred, assigned, or disposed of, or disposed of indirectly by transfer of control of the licensee, 1 “Person” means a “body of persons, corporate or incorporate.” 47 U.S.C. § 30. 2 “United States” includes “the Canal Zone and all territory continental or insular, subject to the jurisdiction of the United States of America.” 47 U.S.C. § 38. 3 47 U.S.C. § 34. This prohibition does not apply to cables that are wholly within the continental United States, including both terminals. Id. 4 See Exec. Ord. No. 10530, § 5(a) (May 10, 1954), reprinted as amended in 3 U.S.C. § 301; see also 47 CFR § 0.405(b). 5 47 U.S.C. § 34. 6 Exec. Ord. No. 10530; 47 U.S.C. § 34; 47 CFR § 1.767. 7 47 CFR § 1.767(g)(1)(i); see also id. § 1.767(a)(9). 2 Federal Communications Commission DA 26-110 unless the [Commission] gives prior consent in writing.”8 An entity that submits an application to transfer or assign control of interests in a cable landing license must also notify the Commission no later than 30 days after such a transaction is consummated.9 5. When considering applications concerning submarine cable systems, the Commission seeks assistance from the Secretary of State and any executive department or establishment as it sees fit.10 Applications to assign, transfer control of, or modify cable landing licenses are referred to the Executive Branch for review as the Commission sees fit.11 This coordination is necessary because “[t]he security, integrity, and availability of United States telecommunications networks are vital to United States national security and law enforcement interests.”12 6. Factual Background. DR Fortress is a limited liability company organized in Delaware as of September 21, 2006. On December 20, 2017, the Commission granted a cable landing license to land and operate a non-common carrier fiber-optic submarine cable between the United States, Australia, and New Zealand, called the Hawaiki Cable System, to Hawaiki Submarine Cable USA LLC (HSC USA), as well as Tillamook Lightwave IGA, ACS Cable Systems, LLC, DR Fortress, and the American Samoa Telecommunications Authority.13 The licensees are required to comply with the routine conditions set forth in 1.767(g)(1)-(14) of the Commission rules and with the requirements of section 1.768 of the Commission’s rules.14 7. Up until March 31, 2025, DR Fortress was a licensee on the Hawaiki Cable System as it managed and operated the cable landing station in Oahu, Hawaii under contract with HSC USA and served as the landing party for this cable landing station. At no time did DR Fortress own any capacity in the Hawaiki Cable System. On March 31, 2025, DR Fortress made a pro forma assignment of its license on the Hawaiki Cable System to an affiliate at the time, SpinCo.15 Shortly thereafter, DR Fortress was acquired by a third party, DR Fortress Acquisition, LLC. Currently, SpinCo has replaced DR Fortress as one of the licensees to the Hawaiki Cable System and manages the Oahu cable landing station through the same contract with HSC USA. Through a service contract with SpinCo, DR Fortress provides services to SpinCo in connection with the HSC USA contract to operate and manage the Oahu cable landing station. 8. Unauthorized Transaction. On January 15, 2020, GI DI Fortress Parent LLC acquired control of DR Fortress through a Membership Interest Purchase Agreement between GI DI Coast Acquisition LLC (now known as GI DI Fortress Acquisition, LLC), DR Fortress, and the direct and indirect owners of DR Fortress, including DR Fortress, Inc. and DRF Holdings, LLC (2020 Transaction). Pursuant to that agreement, GI DI Fortress Acquisition, LLC acquired DR Fortress. GI DI Fortress Parent LLC indirectly, wholly owned GI DI Fortress Acquisition, LLC. GI DI Fortress Parent LLC is a Delaware limited liability company and is majority owned by GI DI Fortress Holdings LP. DR Fortress remained as a licensee of the Hawaiki Cable System under its new ownership. 8 Id. § 1.767(g)(6). 9 Id. § 1.767(a)(11)(iii). 10 Id. § 1.767(b); see also Exec. Ord. No. 10530, § 5(a). 11 47 CFR § 1.767(b). 12 See Exec. Ord. No. 13913 (Apr. 4, 2020). 13 DR Fortress was deemed a licensee to the Hawaiki Cable System because it operated and managed the cable landing station in Oahu, Hawaii, which is owned by HSC USA. 14 Actions Taken Under Cable Landing License Act Section 1.767(a) Cable Landing Licenses, Modifications, & Assignments or Transfers of Control of Ints. in Cable Landing Licenses (47 C.F.R. 1.767(a)), Public Notice, 32 FCC Rcd 10428 (2017). 15 See File No. SCL-ASG-20250331-00011. 3 Federal Communications Commission DA 26-110 9. Following the 2020 Transaction, DR Fortress was directly owned by GI DI Fortress Acquisition LLC. DR Fortress’s indirect parent companies were GI DI Fortress Intermediate LLC, GI DI Fortress Parent LLC and GI DI Fortress Holdings LP. The transaction also resulted in minority, non- controlling interests in DR Fortress being indirectly owned, through GI DI Fortress Holdings LP, by Singaporean investment vehicles controlled by the Government of Singapore.16 10. DR Fortress did not seek prior Commission approval for the 2020 Transaction and continued to operate and manage the Oahu cable landing station. DR Fortress did not seek such approval until 2025.17 Specifically, on March 31, 2025, DR Fortress and GI DI Fortress Parent, LLC filed an application requesting Commission consent for the transfer of control of the license held by DR Fortress in the Hawaiki Cable System.18 At the same time, DR Fortress and GI DI Fortress Parent, LLC filed an application requesting Special Temporary Authority (STA) for DR Fortress to continue to be the landing party for, and operate the Oahu, Hawaii cable landing station for, the Hawaiki Cable System while the Commission reviewed the transfer of control application.19 On May 21, 2025, the Commission granted the STA request, which expired on December 5, 2025.20 On November 26, 2025, DR Fortress and GI DI Fortress Parent, LLC filed an application requesting extension of its STA, which application is pending.21 11. To settle this matter, the Parties enter into this Consent Decree and agree to the following terms and conditions. III. TERMS OF AGREEMENT 12. Adopting Order. The provisions of this Consent Decree shall be incorporated by the Bureau in an Adopting Order. 13. Jurisdiction. Licensee agrees that the Bureau has jurisdiction over it for the matters contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree. 14. 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. 15. 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, Licensee 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 Licensee concerning the matters that were the subject of the Investigation, or to set for hearing the question of Licensee’s basic qualifications to be a Commission licensee or hold Commission licenses or 16 At the time, each of these entities held a 16.17% equity and deemed voting interest in DR Fortress through a fund. See File No. SCL-STA-20250331-00010, Exhibit 2. 17 See File No. SCL-T/C-20250331-00009. 18 Id. 19 See File No. SCL-STA-20250331-00010. 20 The initial expiration date was November 25, 2025. See Public Notice, Actions Taken Under Cable Landing License Act, DA 25-438, SCL-STA-20250331-00010, at 3 (stating “[t]he STA expires on November 25, 2025”). The initial expiration date was extended by the Commission to December 5, 2025. See Public Notice, Revisions to Deadlines Following Resumption of Normal Operations, DA 25-943, at 5 (Nov. 17, 2025) (stating “Any STAs that would have expired from October 1, 2025, through December 5, 2025, are extended until December 5, 2025.”). 21 See File No. SCL-STA-20251125-00080. 4 Federal Communications Commission DA 26-110 authorizations based on the matters that were the subject of the Investigation.22 16. Admission of Facts. Licensee admits for the purpose of this Consent Decree and for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 15 herein, that paragraphs 6 through 10 are a true and accurate description of the facts underlying the Investigation. 17. Compliance Officer. Within thirty (30) calendar days after the Effective Date, Licensee 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 Licensee complies with the terms and conditions of the Compliance Plan and this Consent Decree. The Compliance Officer shall have specific knowledge of the Cable Landing License Transfer Rules prior to assuming his/her duties. 18. Compliance Plan. For purposes of settling the matters set forth herein, Licensee 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 Cable Landing License Transfer Rules and with the terms and conditions of this Consent Decree. Licensee will implement, at a minimum, the following procedures: (a) Operating Procedures. Within thirty (30) calendar days after the Effective Date, Licensee shall establish Operating Procedures that all Covered Employees must follow to help ensure its compliance with the Cable Landing License Transfer Rules. The Operating Procedures shall include internal procedures and policies specifically designed to ensure that Licensee’s obligations under the Cable Landing License Transfer Rules are met. Licensee shall also develop a Compliance Checklist that describes the steps that a Covered Employee must follow to ensure compliance with the Cable Landing License Transfer Rules. (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 Cable Landing License Transfer Rules and set forth the Operating Procedures that Covered Employees shall follow to help ensure Licensee’s compliance with the Cable Landing License Transfer Rules. Licensee shall periodically review and revise the Compliance Manual as necessary to ensure that the information set forth therein remains current and accurate. Licensee shall distribute any revisions to the Compliance Manual promptly to all Covered Employees. (c) Compliance Training Program. Licensee shall establish and implement a Compliance Training Program on compliance with the Cable Landing License Transfer Rules and the Operating Procedures. As part of the Compliance Training Program, Covered Employees shall be advised of Licensee’s obligation to report any noncompliance with the Cable Landing License Transfer Rules under paragraph 19 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 sixty (60) 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 thirty (30) calendar days after the date such person becomes a Covered Employee. Licensee shall repeat compliance training on an annual basis, and shall periodically review and revise the 22 See 47 CFR § 1.93(b). 5 Federal Communications Commission DA 26-110 Compliance Training Program as necessary to ensure that it remains current and complete and to enhance its effectiveness. 19. Reporting Noncompliance. Licensee shall report any noncompliance with the Cable Landing License Transfer 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 Licensee 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 Licensee has taken or will take to prevent the recurrence of any such noncompliance. All reports of noncompliance shall be submitted to the Investigations and Hearings Division at IHDTelecom@fcc.gov. 20. Compliance Reports. Licensee 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 Licensee’s efforts during the relevant period to comply with the terms and conditions of this Consent Decree and the Cable Landing License Transfer Rules. In addition, each Compliance Report shall include a certification by the Compliance Officer, as an agent of and on behalf of Licensee, stating that the Compliance Officer has personal knowledge that Licensee: (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 19 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.23 (c) If the Compliance Officer cannot provide the requisite certification, the Compliance Officer, as an agent of and on behalf of Licensee, 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 Licensee 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 Licensee 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 electronically to the Investigations and Hearings Division at IHDTelecom@fcc.gov. 21. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 17 through 20 of this Consent Decree shall expire the earlier of (1) thirty-six (36) months after the Effective Date or (2) the date when Licensee is no longer subject to the Cable Landing License Transfer Rules (i.e., it is no longer a licensee on the Hawaiki Cable System as defined under the requirements of section 1.767 of the Rules). In the event the latter occurs, Licensee shall provide notification of such occurrence to the Investigations and Hearings Division at IHDTelecom@fcc.gov within five (5) calendar days of the date that Licensee is no longer a licensee on the Hawaiki Cable System. 22. Voluntary Contribution. DR Fortress will pay a voluntary contribution to the United 23 47 CFR § 1.16. 6 Federal Communications Commission DA 26-110 States Treasury in the amount of forty thousand dollars ($40,000) within thirty (30) calendar days of the Effective Date. DR Fortress acknowledges and agrees that upon execution of this Consent Decree, the Voluntary Contribution shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).24 Upon an Event of Default, all procedures for collection as permitted by law may, at the Commission’s discretion, be initiated. DR Fortress shall send electronic notification of payment to IHDTelecom@fcc.gov on the date said payment is made. Payment of the Voluntary Contribution must be made by credit card using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do, ACH (Automated Clearing House) debit from a bank account, or by wire transfer from a bank account. The Commission no longer accepts Voluntary Contribution payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:25 • Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. In the OBI field, enter the FRN(s) captioned above and the letters “FORF”. In addition, a completed Form 15926 or printed CORES form27 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 or CORES may result in payment not being recognized as having been received. When completing FCC Form 159 or CORES, 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).28 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 CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by credit card, log-in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find 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., CD 1912345678 would be associated with FCC Bill Number 12345678). After selecting the bill for payment, choose the “Pay by Credit Card” option. Please note that there is a $24,999.99 limit on credit card transactions. • Payment by ACH must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by ACH, log in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find 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., CD 1912345678 would be associated with FCC Bill Number 12345678). Finally, choose the 24 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996). 25 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6). 26 FCC Form 159 is accessible at https://www.fcc.gov/licensing-databases/fees/fcc-remittance-advice-form-159. 27 Information completed using the Commission’s Registration System (CORES) does not require the submission of an FCC Form 159. CORES is accessible at https://apps.fcc.gov/cores/userLogin.do. 28 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 7 Federal Communications Commission DA 26-110 “Pay from Bank 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. 23. Event of Default. Licensee agrees that an Event of Default shall occur upon the failure by DR Fortress to pay the full amount of the Voluntary Contribution on or before the due date specified in this Consent Decree. 24. 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 Voluntary Contribution 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 Voluntary Contribution, 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 DR Fortress. 25. Waivers. As of the Effective Date, Licensee 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. Licensee 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 Licensee nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and Licensee shall waive any statutory right to a trial de novo. Licensee hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice Act29 relating to the matters addressed in this Consent Decree. 26. 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. 27. 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. 28. 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 Licensee does not expressly consent) that provision will be superseded by such Rule or order. 29. Successors and Assigns. Licensee agrees that the provisions of this Consent Decree shall be binding on Licensee’s successors, assigns, and transferees. 30. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute a final settlement between the Parties with respect to the Investigation. 31. Modifications. This Consent Decree cannot be modified without the advance written consent of both Parties. 32. Paragraph Headings. The headings of the paragraphs in this Consent Decree are 29 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530. 8 Federal Communications Commission DA 26-110 inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent Decree. 33. 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. 34. 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. ________________________________ Patrick Webre Chief Enforcement Bureau ________________________________ Date ________________________________ Nathan Osada Chief Counsel and Administrative Officer DR Fortress, LLC on behalf of Licensee ________________________________ Date 9