**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No. EB-03-TS-144        |
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| Blackstone\~NEY                  | ** | NAL/Acct. No. 200432100013   |
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| Ultrasonics, Inc.                | *  | FRN \# 0011217999            |
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**ORDER**

**Adopted: August 5, 2004 Released: August 10, 2004**

By the Chief, Enforcement Bureau:

1.  In this *Order*, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau and Blackstone\~NEY Ultrasonics, Inc.
    ("Blackstone\~NEY"). The Consent Decree terminates an investigation
    into Blackstone\~NEY's compliance with the equipment requirements
    set forth in Parts 2 and 18 of the Commission's Rules ("Rules") with
    respect to certain ultrasonic cleaning devices manufactured and
    marketed by Blackstone\~NEY.

2.  The Enforcement Bureau and Blackstone\~NEY 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.  Based on the record before us, we conclude that no substantial or
    material questions of fact exist with respect to this matter as to
    whether Blackstone\~Ney possesses the basic qualifications,
    including those related to character, to hold or obtain any FCC
    license or authorization.

4.  After reviewing the record and the terms of the Consent Decree, we
    believe that the public interest will be served by adopting the
    Consent Decree and terminating the investigation.

5.  Accordingly, **IT IS ORDERED** that, pursuant to Section 4(i) of the
    Communications Act, as amended,[^1] and Sections 0.111 and 0.311 of
    the Rules,[^2] the Consent Decree attached to this Order **IS
    ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the Enforcement Bureau's
    investigation of Blackstone\~NEY **IS TERMINATED**.

7.  **IT IS FURTHER ORDERED** that Blackstone\~NEY Ultrasonics, Inc.
    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 the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the referenced NAL/Acct. No. and
    FRN.

8.  **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 Eugene Phaneuf, President, Blackstone\~NEY
    Ultrasonics, Inc., 9 North Main Street, Jamestown, N.Y., 14701, and
    to Shirley S. Fujimoto, Esq., McDermott, Will & Emery, LLP, 600
    Thirteenth Street, N.W., Washington, D.C., 20005.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

CONSENT DECREE

The Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("Commission") and Blackstone\~NEY Ultrasonics, Inc.
("Blackstone\~NEY") hereby enter into this Consent Decree resolving
possible violations of Parts 2 and 18 of the Commission's Rules
concerning certain ultrasonic cleaning devices manufactured and marketed
by Blackstone\~NEY.

Background

1.  In June 2003, Blackstone\~NEY, a manufacturer of ultrasonic cleaning
    devices for use in industrial environments, reported to the Bureau
    efforts to evaluate the compliance of its product line with the
    requirements of Part 18 of the Commission's Rules. In response to
    this disclosure, the Bureau initiated an investigation into
    Blackstone\~NEY's compliance with Parts 2 and 18 of the Commission's
    Rules with respect to the following models of ultrasonic cleaning
    devices manufactured and sold between March 1, 2002 and December 31,
    2003:

25 kHz Neptune Family

40 kHz Neptune Family

25 kHz Neptune B Family

40 kHz Neptune B Family

25 kHz Dual Neptune, Y chassis

40 kHz Dual Neptune, Y chassis

25 kHz Neptune on a plate, G chassis

40 kHz Neptune on a plate, G chassis

25 kHz Neptune High Power

40 kHz Neptune High Power

TP-3

TP-3D-2

TP-6

TP-20

40 kHz sweepSONIK 2D Family

72 kHz sweepSONIK 2D Family

104 kHz sweepSONIK 2D Family

132 kHz microSONIK

40 kHz proSONIK 2

multiSONIK, 3 frequency

multiSONIK, 4 frequency

multiSONIK 2, 6 frequency

multiSONIK 2, 7 frequency

HT-1206

Definitions

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

    a.  "Commission" or "FCC" means the Federal Communications
        Commission;

    b.  "Bureau" means the Enforcement Bureau of the Commission;

    c.  "Blackstone\~NEY" means Blackstone\~NEY Ultrasonics, Inc., its
        subsidiaries, affiliates and any successors or assigns;

    d.  "Parties" means Blackstone\~NEY and the Bureau;

    e.  "Subject Devices" means those ultrasonic cleaning devices
        identified in paragraph 1 above.

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

    g.  "Effective Date" means the date the Adopting Order is released
        by the Bureau;

    h.  "Rules" means the Commission's Rules found in Title 47 of the
        Code of Federal Regulations; and

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

Terms of Settlement

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 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.

5.  Blackstone\~NEY 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.

6.  The Parties waive any 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 the
    Adopting Order, provided that the Adopting Order adopts this Consent
    Decree without change, addition or modification.

7.  Blackstone\~NEY waives any rights it may have under any provision of
    the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §
    1.1501 *et seq.*, relating to the matters discussed in this Consent
    Decree.

8.  The Parties agree that this Consent Decree does not constitute
    either an adjudication on the merits or a factual or legal finding
    or determination of any compliance or noncompliance with the Act or
    the Rules. The Parties further agree that this Consent Decree is for
    settlement purposes only and that by agreeing to this Consent
    Decree, Blackstone\~NEY does not admit or deny any liability for
    violating the Act or the Rules in connection with the matters that
    are the subject of this Consent Decree.

9.  In express reliance on the covenants and representations in this
    Consent Decree, the Bureau agrees to terminate its investigation
    into whether Blackstone\~NEY may have violated the Act or the Rules
    with respect to any ultrasonic cleaning devices manufactured or
    distributed before the effective date of this Consent Decree.

10. Blackstone\~NEY represents that every model of ultrasonic cleaning
    device manufactured after December 31, 2003, is in full compliance
    with the technical requirements set forth in the Commission's Rules
    and agrees that all future models will be in full compliance with
    the Commission's Rules.

11. Blackstone\~NEY will implement a Federal Communications Commission
    Regulatory Compliance Plan ("RCP"). The RCP, which is attached
    hereto and incorporated herein, will include Blackstone\~NEY's
    appointment of a regulatory compliance officer charged with
    oversight of personnel responsible for ensuring that ultrasonic
    cleaning devices comply with all applicable Commission Rules prior
    to distribution. Blackstone-NEY will maintain its RCP for
    twenty-four (24) months from the Effective Date of this Consent
    Decree.

12. Blackstone\~NEY agrees to resolve all complaints of harmful
    interference, as defined in Part 18 of the Commission's Rules, from
    the Subject Devices. To the extent that Blackstone receives any
    complaints or reports of harmful interference from the Subject
    Devices, Blackstone will submit reports to the Bureau on a quarterly
    basis, beginning three (3) months from the Effective Date of this
    Consent Decree and continuing for twenty-four (24) months from the
    Effective Date of this Consent Decree, detailing the complaints and
    the steps taken to resolve the complaints.

13. The Parties acknowledge and agree that this Consent Decree shall
    constitute a final and binding settlement between Blackstone\~NEY
    and the Bureau regarding possible violations of the Act and the
    Rules with respect to any ultrasonic cleaning devices manufactured
    or sold by Blackstone\~NEY prior to the Effective Date of this
    Consent Decree. In consideration for termination by the Bureau of
    its investigation into whether Blackstone\~NEY may have violated the
    Act or the Rules with respect to any ultrasonic cleaning devices
    manufactured or sold by Blackstone\~NEY prior to the Effective Date
    of this Consent Decree and in accordance with the terms of this
    Consent Decree, Blackstone\~NEY agrees to the terms set forth
    herein.

14. The Bureau agrees that it will not entertain, or institute on its
    own motion, any new proceeding, formal or informal, take any action
    on its own motion, or recommend to the full Commission any
    forfeiture or other sanction, against Blackstone\~NEY for any
    alleged violation of the Act or the Rules with respect to any
    ultrasonic cleaning device manufactured or sold by Blackstone\~NEY
    prior to the Effective Date of this Consent Decree. Nothing in this
    Consent Decree shall prevent the Bureau from instituting new
    investigations or enforcement proceedings against Blackstone\~NEY in
    the event of any alleged future misconduct for violation of this
    Consent Decree or for violation of the Act and the Rules consistent
    with the provisions of this Consent Decree.

15. 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 Blackstone\~NEY 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.

16. The Parties agree that any provision of this Consent Decree which
    conflicts with any subsequent rule, order of general applicability
    or other decision of general applicability adopted by the Commission
    will be superseded by such Commission rule, order or other decision.

17. Blackstone\~NEY agrees to make a voluntary contribution to the
    United States Treasury in the amount of seventy-five thousand
    dollars (\$75,000) within thirty (30) days of the Effective Date.
    Such contribution shall be made, without further protest or
    recourse, by credit card through the Commission's Debt and Credit
    Management Center at (202) 418-1995, or by mailing a check or
    similar instrument, payable to the order of the Federal
    Communications Commission, to the Federal Communications Commission,
    Forfeiture Collection Section, Finance Branch, P.O. Box 73482,
    Chicago, Illinois, 60673-7482. The payment should reference
    NAL/Acct. No. 200432100013 and FRN 0011217999.

18. If any Party (or the United States on behalf of the Commission)
    brings a judicial action to enforce the terms of the Adopting Order,
    neither Blackstone\~NEY nor the Commission shall contest the
    continuing validity of the Consent Decree or Adopting Order. The
    Parties agree to comply with, defend and support the validity of
    this Consent Decree and the Adopting Order in any proceeding seeking
    to nullify, void, or otherwise modify the Consent Decree or the
    Adopting Order.

19. The Parties agree that in the event that any court of competent
    jurisdiction renders this Consent Decree invalid, this Consent
    Decree shall become null and void and may not be used in any manner
    in any legal proceeding.

20. This Consent Decree cannot be modified without the advance written
    consent of all of the Parties.

21. This Consent Decree may be signed in counterparts.

For the Enforcement Bureau:

By:\
David H. Solomon\
Chief, Enforcement Bureau

For Blackstone\~NEY Ultrasonics, Inc.:

By:\
Eugene Phaneuf\
President\
Blackstone\~NEY Ultrasonics, Inc.

**[COMPLIANCE PLAN]{.underline}**

**I. PERSONNEL AND TRAINING**

**1. [Compliance Officer]{.underline}**

Blackstone\~NEY will appoint a Regulatory Compliance Officer
("Compliance Officer"), who will administer the compliance program
described below. The Compliance Officer will also supervise
Blackstone\~NEY's compliance with Parts 2 and 18 and Section 1.17 of the
FCC's Rules and the requirements of the Consent Decree.

**2. [Written Advisory]{.underline}**

Within 45 days of the Effective Date of the Consent Decree, the
Compliance Officer will send a written advisory on Parts 2 and 18 of the
FCC's Rules, Section 1.17 of the FCC's Rules, and the requirements of
the Consent Decree to each officer and employee of Blackstone\~NEY, who
have or will have responsibilities related to the design, development,
testing, marketing, and distribution of ultrasonic devices on behalf of
Blackstone\~NEY.

**3. [Training]{.underline}**

Blackstone\~NEY will train and provide materials concerning Parts 1, 2
and 18 of the FCC's Rules and the requirements of the Consent Decree to
all of its employees who are involved directly or indirectly in the
design, development, testing, marketing, and distribution of ultrasonic
devices. Specifically, Blackstone\~NEY will, within 60 days of the
Effective Date of the Consent Decree:

> \(a\) train its employees regarding compliance with the technical
> requirements of Part 18 of the FCC's Rules in the design and
> manufacture of ultrasonic devices;
>
> \(b\) train its employees regarding compliance with Part 2 of the
> FCC's Rules regarding the sale, marketing, and distribution of
> ultrasonic devices;
>
> \(c\) train its employees regarding compliance with the obligation
> pursuant to Sections 1.17 and 1.65 of the FCC's Rules to ensure and
> maintain the accuracy and completeness of any materials or information
> provided to the FCC; and
>
> \(d\) train its employees regarding the requirements of the Consent
> Decree.

**4. [Disciplinary Action]{.underline}**

If, after an internal investigation and based upon a preponderance of
the evidence, Blackstone\~NEY concludes that one of its employees has
intentionally made any misrepresentation, or engaged in any lack of
candor in any submission to the FCC, either orally or in writing,
Blackstone\~NEY will take appropriate disciplinary action.

**II. RESOLUTION OF COMPLAINTS**

**1. [Responsibilities]{.underline}**

The Compliance Officer will be responsible for (1) receiving and
reviewing any complaints of harmful interference, (2) initiating and
maintaining an ongoing log of the status and actions taken regarding
each complaint, (3) supervising those employees assigned to resolve each
complaint, and (4) coordinating the preparation and submission to the
FCC of reports regarding any complaints of harmful interference received
by Blackstone\~NEY.

**2. [Process]{.underline}**

Blackstone\~NEY will use its best efforts to resolve any complaints of
harmful interference it receives with respect to the ultrasonic devices
identified in the Consent Decree. Upon receipt of a complaint,
Blackstone\~NEY will:

> \(a\) Investigate the circumstances related to the complaint in order
> to determine: (1) whether the Blackstone\~NEY device complained of is
> in fact the source of the harmful interference, and (2) if so, what
> steps must be taken in order to resolve the harmful interference.
>
> \(b\) Inform the complainant if Blackstone\~NEY should conclude that
> its device is not the source of the alleged harmful interference and
> provide the complainant with the relevant facts and information used
> by Blackstone\~NEY in reaching this conclusion.
>
> \(c\) To the extent that Blackstone\~NEY's device is the source of the
> complained-of harmful interference, work with the operator to
> implement solutions to mitigate the harmful interference.

The disposition of each complaint shall be tracked and monitored by the
Compliance Officer. The Compliance Officer will ensure that current and
accurate information regarding each complaint is provided to the FCC in
connection with any report or other required filing.

**3. [Definitions]{.underline}**

"Harmful interference" shall be interpreted in accordance with the
definition of that term contained in Section 18.107(b) of the FCC's
Rules.

[^1]: 47 U.S.C. § 4(i).

[^2]: 47 C.F.R. §§ 0.111, 0.311.