**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of               | **  | File No. EB-07-SE-302        |
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| Rajant Corporation             |     | Acct. No. 200832100043       |
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|                                | )** | FRN \# : 0016765612          |
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**ORDER**

**Adopted: May 28, 2008 Released: May 30, 2008**

By the Chief, Enforcement Bureau:

1\. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and Rajant Corporation ("Rajant"). The
Consent Decree terminates an investigation initiated by the Enforcement
Bureau into whether certain wireless broadband network devices marketed
in the United States by Rajant comply with the requirements of Section
302(b) of the Communications Act of 1934, as amended, ("Act")[^1] and
Parts 2 and 15 of the Commission's Rules ("Rules").[^2]

2\. The Enforcement Bureau and Rajant have negotiated the terms of a
Consent Decree that would resolve this matter and terminate the
investigation. A copy of the Consent Decree is attached hereto and
incorporated by reference.

3\. In the absence of new material evidence relating to this matter, we
conclude that no substantial or material questions of fact exist with
respect to this matter as to whether Rajant possesses the basic
qualifications, including those related to character, to hold or obtain
any FCC license or authorization.

4\. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the investigation.

5\. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Act,[^3] and the authority delegated by section 0.111 and 0.311 of the
Commission's Rules,[^4] that the attached Consent Decree IS ADOPTED.

6\. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is
terminated.

7\. IT IS FURTHER ORDERED that Rajant shall make its voluntary
contribution to the United States Treasury, as specified in the Consent
Decree, by mailing a check or similar instrument payable to the order of
the Federal Communications Commission, to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank -- Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire
transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC,
and account number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. 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).

8\. IT IS FURTHER ORDERED that a copy of the Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Patricia J. Paoletta, Harris, Wiltshire & Grannis, LLP,
1200 18^th^ St., N.W., Washington, D.C. 20036.

FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

**CONSENT DECREE**

The Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("FCC" or "Commission") and Rajant Corporation ("Rajant")
hereby enter into this Consent Decree for the purpose of terminating the
Bureau's investigation into possible noncompliance with Section 302(b)
of the Communications Act of 1934, as amended ("Act"),[^5] and Parts 2
and 15 of the Commission's Rules ("Rules").[^6]

**I. DEFINITIONS**

For purposes of this Consent Decree, the following definitions shall
apply:

a.  "Act" means the Communications Act of 1934, as amended, 47 U.S.C. §§
    151 *et seq*.

b.  "Adopting Order" means an Order of the Bureau adopting the terms and
    conditions of this Consent Decree.

c.  "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission.

d.  "Commission" and "FCC" mean the Federal Communications Commission.

e.  "Rajant" means Rajant Corporation, its subsidiaries, affiliates and
    any successors or assigns.

f.  "Effective Date" means the date on which the Bureau releases the
    Adopting Order.

g.  "Investigation" means the investigation commenced by Rajant's
    disclosure to the Bureau in File No. EB-07-SE-302 of issues
    regarding Rajant's compliance with Section 302(b) of the Act and
    Parts 2 and 15 of the Commission's Rules.

h.  "Parties" means Rajant and the Bureau.

i.  "Rules" means the Commission's rules found in Title 47 of the Code
    of Federal Regulations.

**II. BACKGROUND**

1.  Under Section 302(b) of the Act and Parts 2 and 15 of the Rules,
    certain wireless broadband network devices must be authorized in
    accordance with the Commission's Rules and comply with all
    applicable technical standards and labeling requirements prior to
    importation or marketing in the United States. In July and August
    2007, Rajant voluntarily disclosed to the Office of Engineering and
    Technology and Bureau staff that it had recently discovered issues
    regarding Rajant's compliance with Section 302(b) of the Act and
    Parts 2 and 15 with respect to some of its wireless broadband
    network devices. On August 23, 2007, Rajant met with Bureau staff
    and provided additional information regarding Rajant's compliance
    with Section 302(b) of the Act and Parts 2 and 15 of the Rules.

2.  On September 4, 2007, the Bureau issued a Letter of Inquiry ("LOI")
    to Rajant in File No. EB-07-SE-302 to initiate an investigation into
    whether certain Rajant wireless broadband network devices were in
    compliance with Section 302(b) of the Act and Parts 2 and 15 of the
    Commission's Rules.[^7] On October 4, 2007, Rajant sent its response
    to the Bureau.[^8] Rajant subsequently sought an additional meeting
    to update the Bureau on the status of its certifications. On
    November 15, 2007, the Bureau met with Rajant to discuss the issues
    raised in the LOI.

**III. TERMS OF AGREEMENT**

3.  The Parties agree that the provisions of this Consent Decree shall
    be subject to final approval by the Bureau by incorporation of such
    provisions by reference in the Adopting Order.

4.  The Parties agree that this Consent Decree does not constitute
    either an adjudication on the merits nor a factual or legal finding
    or determination regarding any compliance or noncompliance by Rajant
    with the requirements of the Act or the Commission's Rules and
    orders. The Parties further agree that this Consent Decree is for
    settlement purposes only and that, by agreeing to this Consent
    Decree, Rajant does not admit or deny liability for violating any
    statute, regulation, or administrative rule in connection with
    matters that are the subject of this Consent Decree.

5.  The Parties agree that this Consent Decree shall become binding on
    the Parties on the Effective Date. Upon release, the Adopting Order
    and this Consent Decree shall have the same force and effect as any
    other final order of the Commission and any violation of the terms
    or conditions of this Consent Decree shall constitute a violation of
    a Commission order.

6.  The Parties acknowledge and agree that this Consent Decree shall
    constitute a final and binding settlement between Rajant and the
    Bureau regarding possible violations of the Act and the Rules with
    respect to the importation and marketing of wireless broadband
    network devices by Rajant prior to the Effective Date of this
    Consent Decree.

7.  In express reliance on the covenants and representations in this
    Consent Decree and to avoid further expenditure of scarce public
    resources, the Bureau agrees to terminate its Investigation into
    whether Rajant may have violated the Act or the Rules with respect
    to Rajant's wireless broadband network devices prior to the
    Effective Date of this Consent Decree.

8.  In consideration for the termination by the Bureau of the
    Investigation and in accordance with the terms of this Consent
    Decree, Rajant agrees to the terms set forth herein.

9.  Rajant acknowledges that the Bureau has jurisdiction over the
    matters contained in this Consent Decree and the authority to enter
    into and adopt this Consent Decree.

10. Rajant has implemented a Federal Communications Commission
    Regulatory Compliance Plan ("FCC Compliance Plan") related to
    Rajant's future compliance with the Act, the Commission's Rules, and
    the Commission's orders. Rajant's FCC Compliance Plan includes, at a
    minimum, the following components:

    a.  FCC Compliance Procedures. Rajant shall develop and update as
        necessary appropriate FCC Compliance Procedures. Relevant Rajant
        personnel shall be trained on the FCC Compliance Procedures and
        shall be required to follow them. The FCC Compliance Procedures
        will, among other things, address the equipment authorization
        requirements of the Act and the Commission's Rules applicable to
        the wireless broadband network devices and accessories imported,
        marketed and sold by Rajant in the United States, as well as the
        Commission's Rules regarding labeling and user manual statements
        for such devices.

    b.  Compliance Officer. Rajant shall designate an FCC Compliance
        Officer ("Compliance Officer") who will administer the FCC
        Compliance Plan, supervise Rajant's compliance with the Act, the
        Commission's Rules and the Consent Decree, and serve as the
        Rajant point of contact for all Commission-related compliance
        matters. The Compliance Officer will be assigned responsibility
        within Rajant for determining whether the manufacture,
        importation, marketing, sale, labeling and user manual
        requirements for Rajant's devices are in compliance with the FCC
        Compliance Procedures.

    c.  Interference Complaints. Any interference complaints received by
        Rajant shall be promptly forwarded to the Compliance Officer for
        appropriate consideration and action. To the extent Rajant
        concludes, after appropriate investigation in response to a
        complaint, that the interference results from the fact that the
        devices were non-compliant with the Rules, Rajant shall take
        appropriate remedial action at no charge to the complainant.

    d.  Review and Monitoring. Rajant will review the FCC Compliance
        Plan annually to ensure that it is maintained in a proper manner
        and continues to address the objectives set forth therein.

11. Rajant agrees that every wireless broadband network device and
    accessory that is imported or marketed by Rajant in the Untied
    States on or after the Effective Date of this Consent Decree shall
    be compliant with the Act and the Rules before importation and
    marketing by Rajant.

12. The Bureau agrees that, in the absence of new material evidence, it
    will not entertain or institute, or use the facts developed in the
    Investigation or the existence of this Consent Decree to institute,
    on its own motion, any new proceeding, formal or informal, nor take
    any action on its own motion, nor recommend to the full Commission
    any forfeiture, penalty or other sanction, against Rajant for any
    alleged violation of the Act or the Rules with respect to any Rajant
    wireless broadband network device that occurred prior to the
    Effective Date of this Consent Decree. 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 initiate any proceeding, formal
    or informal, or take any action against Rajant with respect to
    Rajant's qualifications to hold any Commission license or
    authorization. Nothing in this Consent Decree shall prevent the
    Bureau from instituting, or recommending to the Commission, new
    investigations or enforcement proceedings against Rajant, in the
    event of any alleged future misconduct for violation of this Consent
    Decree or for violation of the Act or the Commission's Rules,
    consistent with the provisions of this Consent Decree.

13. The Parties agree that each is required to comply with each
    individual condition of this Consent Decree. Each specific condition
    is a separate condition of the Consent Decree as approved. To the
    extent that Rajant fails to satisfy any condition, in the absence of
    Commission alteration of the condition, it will be deemed
    noncompliant and may be subject to possible future enforcement
    action with respect to such failure to satisfy the condition.

14. Rajant agrees to make a voluntary contribution to the United States
    Treasury in the amount of \$29,400 within thirty (30) calendar days
    after the Effective Date of the Adopting Order. This voluntary
    contribution does not constitute a fine or penalty for, or admission
    of, a violation of any law, the Act, or the Rules. The payment must
    be made by check or similar instrument, payable to the Order of the
    Federal Communications Commission. The payment must include the
    Account Number and FRN Number referenced in the caption to the
    Adopting Order. Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 979088, St. Louis, MO
    63197-9000. Payment by overnight mail may be sent to U.S. Bank --
    Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
    Louis, MO 63101. Payment by wire transfer may be made to ABA Number
    021030004, receiving bank TREAS/NYC, and account number 27000001.
    For payment by credit card, an FCC Form 159 (Remittance Advice) must
    be submitted. 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).

15. Rajant's decision to enter into this Consent Decree is expressly
    contingent upon the Bureau's issuance of an Adopting Order that is
    consistent with this Consent Decree and that adopts the Consent
    Decree without change, addition, modification or deletion.

16. The Parties waive any and all rights they 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 Adopting Order, provided the Bureau issues an Adopting
    Order adopting the Consent Decree without change, addition,
    modification, or deletion.

17. In the event that this Consent Decree is rendered invalid by a court
    of competent jurisdiction, it shall become null and void and may not
    be used in any manner in any legal proceeding.

18. By this Consent Decree, Rajant neither waives nor alters its right
    to assert and seek protection from disclosure of any privileged or
    otherwise confidential and protected documents and information, or
    to seek appropriate safeguards of confidentiality for any
    competitively sensitive or proprietary information.

19. If either Party (or the United States on behalf of the Commission)
    brings a judicial action to enforce the terms of the Adopting Order,
    neither Rajant nor the Commission shall contest the validity of the
    Consent Decree or the Adopting Order, and Rajant and the Commission
    will waive any statutory right to a trial *de novo* with respect to
    the issuance of the Adopting Order and shall consent to a judgment
    incorporating the terms of this Consent Decree.

20. Rajant agrees that any violation of the Adopting Order or of this
    Consent Decree (upon its adoption) shall constitute a separate
    violation of a Commission order, entitling the Commission to
    exercise any rights and remedies attendant to the enforcement of a
    Commission order.

21. The Parties agree that any provision of this Consent Decree that
    conflicts with any subsequent rule or order of general applicability
    or other decision of general applicability adopted by the Commission
    (except an order specifically intended to revise the terms of this
    Consent Decree to which Rajant does not consent) will be superseded
    by such Commission Rule or order.

22. Rajant waives any rights it may have under any provision of the
    Equal Access to Justice Act, 5 U.S.C. Section 504 and 47 C.F.R.
    Section 1.1501 et seq., relating to the matters addressed in this
    Consent Decree.

23. The Parties agree that Rajant's obligations under the Consent Decree
    shall expire twenty-four (24) months from the Effective Date of the
    Consent Decree.

24. This Consent Decree cannot be modified without the advance written
    consent of both Parties.

25. This Consent Decree may be signed in counterparts.

For the Enforcement Bureau:

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Kris Anne Monteith

Chief, Enforcement Bureau

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

[]{.mark}

For Rajant Corporation:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Robert Schena

Chief Executive Officer

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

[]{.mark}

[]{.mark}

[^1]: 47 U.S.C. § 302a(b).

[^2]: 47 C.F.R. § 2.1 *et seq.* and § 15.101 *et seq.*

[^3]: 47 U.S.C. § 154(i).

[^4]: 47 C.F.R. § § 0.111, 0.311.

[^5]: 47 U.S.C. § 302a(b).

[^6]: 47 C.F.R. § 2.1 *et seq.* and § 15.101 *et seq.*

[^7]: Letter from Kathryn Berthot, Chief, Spectrum Enforcement Division,
    Enforcement Bureau to Robert Schena, Chief Executive Officer, Rajant
    Corporation (September 4, 2007).

[^8]: Letter from Patricia J. Paoletta, Esq., Counsel for Rajant
    Corporation, to Kathryn Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau (October 4, 2007).