# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of                 | * | File Number: EB-06-SJ-024     |
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| Carnival Cruise Lines Inc.       | ) | NAL/Acct. No. 200732680001    |
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| San Juan, Puerto Rico            | * | FRN 0015642390                |
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# ORDER

**Adopted: June 15, 2007 Released: June 19, 2007**

By the Assistant Chief, Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau ("Bureau") and Carnival Cruise Lines
    Inc. ("Carnival"). The Consent Decree terminates the forfeiture
    proceeding initiated by the Bureau against Carnival for its apparent
    violation of Section 301 of the Communications Act of 1934, as
    amended ("Act"),[^1] by operating unlicensed radio transmitters.[^2]

2.  The Bureau and Carnival have negotiated the terms of a Consent
    Decree that would resolve this matter and terminate the forfeiture
    proceeding. A copy of the Consent Decree is attached hereto and
    incorporated by reference.

3.  After reviewing the terms of the Consent Decree and evaluating the
    facts before us, we find that the public interest would be served by
    approving the Consent Decree and terminating the forfeiture
    proceeding.

4.  Accordingly, **IT IS ORDERED** that, pursuant to Sections 4(i) and
    503(b) of the Communications Act of 1934, as amended,[^3] and the
    authority delegated in Sections 0.111 and 0.311 of the Commission's
    Rules,[^4] the Consent Decree attached to this Order **IS ADOPTED**.

5.  **IT IS FURTHER ORDERED** that the forfeiture proceeding against
    Carnival **IS TERMINATED**.

6.  **IT IS FURTHER ORDERED** that Carnival Cruise Lines 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, P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by
    overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross
    Street, Room 1540670, Pittsburgh, PA 15251.   Payment by wire
    transfer may be made to ABA Number 043000261, receiving bank Mellon
    Bank, and account number 911-6106. The payment, regardless of how
    sent, must include the FRN No. referenced above.

7.  **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 counsel for Carnival Cruise Lines Inc.,
    Charles Blocksidge, Esquire, Blank, Rome LLP, Watergate, 600 New
    Hampshire Ave. NW, Washington, DC 20037 and to Carnival at its
    address of record.

    FEDERAL COMMUNICATIONS COMMISSION

George R. Dillon

Assistant Chief, Enforcement Bureau

**CONSENT DECREE**

The Enforcement Bureau of the Federal Communications Commission
("Bureau") and Carnival Cruise Lines Inc. ("Carnival") hereby enter into
this Consent Decree regarding possible violations of Section 301 of the
Communications Act of 1934, as amended ("Act"),[^5] concerning
Carnival's operation of certain radio transmitters.

**Definitions**

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

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(a) "Adopting Order" means the order of the Enforcement Bureau adopting
    this Consent Decree;

(b) "Act" means the Communications Act of 1934, as amended, Title 47 of
    the United States Code;

(c) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission;

(d) "Carnival" means Carnival Cruise Lines, a division of Carnival
    Corporation a/k/a Carnival Cruise Lines Inc.;

(e) "Commission" means the Federal Communications Commission;

(f) "Compliance Plan" means the processes and procedures developed by
    Carnival in an effort to ensure compliance with the Communications
    Act and the Commission\'s Rules regarding the operation of its
    shipboard Digital Enhanced Cordless Telecommunications ("DECT")
    system, as summarized in this Consent Decree;

(g) "Final Order" means the Adopting Order that is no longer subject to
    administrative or judicial reconsideration, review, appeal, or stay;

(h) "Investigation" means the investigation of the alleged Rule
    violations by Carnival culminating in the *Notice of Apparent
    Liability for Forfeiture*.

(i) "*Notice of Apparent Liability for Forfeiture*" or "*NAL*" means
    Carnival Cruise Lines Inc., NAL/Acct. No. 200732680001, released
    October 24, 2006 (corrected copy);

(j) "Parties" means the Bureau and Carnival; and

(k) "Rules" means the Commission's regulations set forth in Title 47 of
    the Code of Federal Regulations.

# Background

2.  In response to a complaint of interference, agents from the
    Commission's San Juan Office of the Enforcement Bureau monitored
    radio transmissions on the PCS F Block band (1.890 GHz to 1.895 GHz)
    at the San Juan, Puerto Rico waterfront. Using direction finding
    techniques, the agents determined that Carnival operated radio
    transmitters on the PCS F Block frequencies from cruise ships, while
    docked at the San Juan harbor.

3.  On October 24, 2006, the Enforcement Bureau released the *Notice of
    Apparent Liability for Forfeiture* to Carnival in the amount of
    \$20,000 for apparent willful and repeated violations of Section 301
    of the Act.

4.  Carnival and the Bureau acknowledge that any proceeding that might
    result from the Investigation will require the significant
    expenditure of public and private resources. To conserve such
    resources and to promote compliance by Carnival with the Act,
    Carnival and the Bureau hereby enter into this Consent Decree in
    consideration of the mutual commitments made herein.

## Terms of Settlement

5.  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.

6.  The Parties agree that this Consent Decree shall become binding on
    the Parties on the Effective Date. Carnival and the Bureau represent
    and warrant that its signatory is duly authorized to enter into this
    Consent Decree on its behalf. 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.

7.  Carnival 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.

8.  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 the Consent
    Decree without change, addition or modification.

9.  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 the Consent Decree,
    Carnival 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.

10. In express reliance on the covenants and representations in this
    Consent Decree, the Bureau agrees to terminate the Investigation and
    forfeiture proceeding.

11. Carnival agrees that, as of the release of the Adopting Order
    ("Effective Date" of this Consent Decree) and until such time as a
    U.S. compliant shipboard DECT system is installed:

> i\. It will de-energize the shipboard DECT systems upon entering one
> mile from any US port.
>
> ii\. It will disable the F Block band on its shipboard transmitting
> equipment upon entering one mile from any US port as a backup to
> de-energizing the DECT systems in order to prevent any inadvertent
> interference.
>
> iii\. The Shipboard Electrical Officer on each of the Carnival vessels
> equipped with a DECT system will ensure that the DECT system is
> de-energized and the F Block band is disabled prior to the vessel
> entering any U.S. port. Within thirty (30) days of the Effective Date
> of this Consent Decree, an internal memorandum will be issued to
> ensure that the Shipboard Electrical Officer is advised of this
> Consent Decree.

12. The Parties acknowledge that this Consent Decree shall constitute a
    final and binding settlement between Carnival and the Bureau
    regarding possible violations of Section 301 of the Act specified in
    the *NAL*. In consideration for termination by the Bureau of the
    Investigation and forfeiture proceeding and in accordance with the
    terms of this Consent Decree, Carnival agrees to the terms set forth
    herein.

13. The Bureau agrees that it will not entertain, or institute on its
    own motion, any new proceeding, formal or informal, or take any
    action on its own motion against Carnival for the possible
    violations of Section 301 of the Rules committed prior to this
    Consent Decree. Nothing in this Consent Decree shall prevent the
    Bureau from instituting investigations or enforcement proceedings
    against Carnival in the event of any other alleged misconduct that
    violates this Consent Decree or that violates any provision of the
    Act or the Rules.

14. The Parties also 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.

15. Carnival shall make a voluntary contribution to the United States
    Treasury in the amount of twenty thousand dollars (\$20,000) within
    30 days of the release of the Adopting Order. Such payment will be
    made without further protest or recourse, by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. Such payment will include the FRN No. referenced in the
    Adopting Order. Such payment by check or money order may be mailed
    to Federal Communications Commission, P.O. Box 358340, Pittsburgh,
    PA 15251-8340. Such payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh,
    PA 15251. Such payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account number
    9116229.

16. Carnival 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, provided the Order adopts the Consent
    Decree without modification.

17. The effectiveness of this Consent Decree is expressly contingent
    upon issuance of the Adopting Order, provided the Adopting Order
    adopts the Consent Decree without modification.

18. In the event any court of competent jurisdiction renders this
    Consent Decree invalid, the Consent Decree shall become null and
    void and may not be used in any manner in any legal proceeding.

19. If the Commission, or the United States on behalf of the Commission,
    brings a judicial action to enforce the terms of the Adopting Order,
    neither Carnival nor the Commission will contest the validity of the
    Consent Decree or Adopting Order, and Carnival will waive any
    statutory right to a trial *de novo*.

20. Carnival agrees to waive any claims it may otherwise have under the
    Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §§ 1.1501
    *et seq*.

21. Any violation of the Consent Decree, including but not limited to a
    failure to make a payment required by Paragraph 16 hereof, or the
    Adopting Order will 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.

22. Carnival and the Bureau agree to be bound by the terms and
    conditions stated herein.

23. This Consent Decree may be signed in counterparts.

**ENFORCEMENT BUREAU**

### FEDERAL COMMUNICATIONS COMMISSION

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

George R. Dillon Date

Assistant Chief

### Carnival Cruise Lines Inc.

### 

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

Brian Swensen Date

VP, Technical Operations

## 

[^1]: 47 U.S.C. § 301.

[^2]: *See Carnival Cruise Lines Inc.,* Notice of Apparent Liability,
    NAL/Acct. No. 200732680001 (Enf. Bur. San Juan Office, rel. October
    24, 2006) ("*NAL*").

[^3]: 47 U.S.C. §§ 4(i) and 503(b).

[^4]: 47 C.F.R. §§ 0.111 and 0.311.

[^5]: 47 U.S.C. § 301.