# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of                 | * | File No. EB-04-SE-235         |
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| American Medical Alert           | ) | NAL/Acct. No. 200632100016    |
| Corporation                      | * |                               |
|                                  | * | FRN \# 0015256365             |
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# ORDER

**Adopted: July 7, 2006 Released: July 11, 2006**

By the Chief, Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau and American Medical Alert
    Corporation ("AMAC"). The Consent Decree terminates an investigation
    initiated by the Enforcement Bureau into whether certain personal
    emergency response equipment manufactured, imported, and/or
    distributed by AMAC violated Section 302(b) of the Communications
    Act of 1934, as amended, ("Act")[^1] and the Commission's Rules
    ("Rules") pertaining to the manufacture, importation, marketing,
    lease, sale and labeling of RF devices and terminal equipment.[^2]

2.  The Enforcement Bureau and AMAC 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 AMAC 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 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
    Act,[^3] and Sections 0.111 and 0.311 of the Rules,[^4] the Consent
    Decree attached to this Order **IS ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the Enforcement Bureau's
    investigation **IS TERMINATED**.

7.  **IT IS FURTHER ORDERED** that AMAC shall make its voluntary
    contribution to the United States Treasury, as specified in the
    Consent Decree, 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,
    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.

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 Howard M. Siegel, Chairman and Chief Executive
    Officer, American Medical Alert Corporation, 3265 Lawson Blvd.,
    Oceanside, NY 11572, and to David E. Hilliard, Esq., Wiley Rein &
    Fielding LLP, 1776 K Street, NW, Washington, DC 20006.

FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

**CONSENT DECREE**

# 

The Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("Commission") and American Medical Alert Corporation
("AMAC") hereby enter into this Consent Decree for the purpose of
terminating the Bureau's investigation into whether AMAC violated
Section 302(b) of the Communications Act of 1934, as amended (the
"Act")[^5], and certain of the Commission's Rules regarding the
manufacture, importation, marketing, lease and sale of personal
emergency response equipment; the identification, labeling and notice
requirements for such equipment; and the connection of such equipment to
the public switched telephone network.[^6]

**Background**

[]{.mark}

1.  AMAC manufactures, imports and/or distributes personal emergency
    response equipment, including the VoiceCare® Personal Emergency
    Response System ("PERS"). The VoiceCare System is advertised as a
    system that offers quick access to medical and personal assistance
    for individuals who want to remain independent at home. The
    VoiceCare system consists of a lightweight personal activator
    device, or "pendant," and a separate console unit. The pendant is
    worn or carried by the user, and the console unit, which has a
    speakerphone, is connected to a regular telephone line. The
    VoiceCare pendant communicates with the console unit receiver using
    unlicensed frequencies. Accordingly, the devices are subject to the
    Part 15 Rules. Also, because the console unit directly connects to
    the Public Switched Telephone Network ("PSTN"), it is subject to the
    Part 68 Rules.

2.  Aside from the VoiceCare System, AMAC manufactures, imports, and/or
    distributes several other related products: (1) a personal activator
    device dubbed the "Sip-n-Puff" because it allows quadriplegic users
    to send a signal to the VoiceCare console unit by blowing a puff of
    air into a tube; (2) a repeater that relays the personal activator
    signal in order to extend the in-residence range of a VoiceCare
    system; (3) two smoke detector models that are linked to the
    VoiceCare call center to provide remote notification of possible
    fires; (4) two similar digital devices that are used in the call
    centers; (5) a PERS Buddy home health monitoring system that
    provides an interactive display to enable patients to receive and
    respond to disease specific health questions and reminders focused
    on signs and symptoms, behavior and wellness -- detailed medical
    information that is transmitted to the emergency response call
    centers; (6) two Medtime device models that remind the patient to
    take medications -- one model has the ability to communicate with
    the VoiceCare console unit and the other does not; and (7) a system
    consisting of equipment similar to the VoiceCare patient devices,
    but which is used to assist in the operation of surveillance cameras
    in retail establishments. These devices are subject to the Part 15
    Rules. The devices that connect to the PSTN also are subject to the
    Part 68 Rules. AMAC has reported that some of the devices appear to
    emit signals in excess of the Part 15 limits.

3.  On November 17, 2004, after receiving information regarding
    potential violations by AMAC, the Bureau initiated an investigation
    by issuing a Letter of Inquiry ("LOI") directing AMAC to provide
    information relating to its compliance with the Commission's
    equipment authorization and identification requirements for AMAC's
    VoiceCare system. AMAC submitted its initial response ("Response")
    to the Bureau's LOI on December 7, 2004, with respect to the
    VoiceCare system. On January 13, 2005, AMAC met with Bureau staff to
    discuss its Response. At the January 13 meeting, AMAC voluntarily
    disclosed additional devices with which there were potential
    compliance issues. In response to the Bureau's request, AMAC
    supplemented its Response on March 4, 2005, and provided information
    on each of the additional devices.

4.  Pursuant to Section 302(b) of the Act[^7] and Parts 2, 15 and 68 of
    the Rules, AMAC's personal emergency response equipment, which
    includes the VoiceCare system and the related devices set forth in
    paragraph 2, must be authorized and labeled in accordance with the
    Commission's regulations prior to, *inter alia*, the importation or
    initiation of marketing of such equipment.

**Definitions**

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

\(a\) "Commission" and "FCC" mean the Federal Communications Commission.

\(b\) "Bureau" means the Enforcement Bureau of the Federal
Communications Commission.

\(c\) "AMAC" means American Medical Alert Corporation, its subsidiaries,
affiliates and any successors or assigns.

\(d\) "PERS" means Personal Emergency Response System.

\(e\) "Parties" means AMAC and the Bureau.

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

\(g\) "Effective Date" means the date on which the Bureau releases the
Adopting Order.

\(h\) "Investigation" means the investigation commenced by the Bureau's
November 17, 2004 Letter of Inquiry[^8] regarding whether AMAC violated
Section 302(b) of the Act and/or Sections 2.803 and 2.925 of the Rules.

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

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

**Terms of Agreement**

6.  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.

7.  The Parties agree that this Consent Decree does not constitute
    either an adjudication on the merits or a factual or legal finding
    or determination regarding any compliance or noncompliance 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, AMAC does
    not admit nor deny liability for violating any statute, regulation,
    or administrative rule in connection with matters that are the
    subject of this Consent Decree.

8.  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.

9.  The Parties acknowledge and agree that this Consent Decree shall
    constitute a final and binding settlement between AMAC and the
    Bureau regarding possible violations of the Act and the Rules with
    respect to the manufacture, importation, marketing, lease, or sale
    by AMAC of any of the equipment listed in the attached appendix
    prior to the Effective Date of this Consent Decree.

10. 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 AMAC may have violated the Act or the Commission's Rules
    with respect to the manufacture, importation, marketing, lease, use
    or sale by AMAC of any of the equipment listed in the attached
    appendix prior to the Effective Date of this Consent Decree.

11. In consideration for termination by the Bureau of the investigation
    and in accordance with the terms of this Consent Decree, AMAC agrees
    to the terms set forth herein.

12. AMAC 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.

13.  The Bureau will allow AMAC forty-eight (48) months to replace
    potentially non-compliant equipment that is currently deployed. AMAC
    will implement a Federal Communications Commission Regulatory
    Compliance Plan ("RCP") related to AMAC's future compliance with the
    Act, the Commission's Rules, and the Commission's orders. AMAC will
    file the RCP with the Enforcement Bureau within ninety (90) days of
    the effective date of this Consent Decree. The entire RCP will
    include the following components:

\(a\) **FCC Compliance Procedures**. AMAC shall develop and update, as
necessary and in association with legal counsel, appropriate FCC
Compliance Procedures. Such procedures will be developed within sixty
(60) days of the Effective Date of this Consent Decree. Relevant AMAC
personnel shall be made aware of the FCC Compliance Procedures and be
required to follow them. The FCC Compliance Procedures will, among other
things, address the equipment authorization and marketing requirements
of the Act and the Commission's Rules in Parts 2, 15 and 68 which are
applicable to the devices manufactured, imported, marketed, leased and
sold by AMAC in the United States and shall also include procedures to
remedy promptly any radio interference caused by AMAC equipment covered
by this Consent Decree.

\(b\) **Compliance Engineer**. AMAC shall designate a Regulatory
Compliance Engineer ("Compliance Engineer") who will administer the RCP,
supervise AMAC's compliance with the Act, the Commission's Rules and
this Consent Decree, and serve as the AMAC point of contact for all
Commission-related compliance matters. The Compliance Engineer will
report to the Chief Operating Officer of AMAC, who will retain ultimate
responsibility within AMAC for determining whether the manufacture,
importation, marketing, sale, lease, labeling and notice requirements
for such devices are in compliance with the FCC Compliance Procedures.

> \(c\) **Review and Monitoring**. AMAC will review the RCP annually, in
> association with legal counsel, to ensure that it is maintained in a
> proper manner and continues to address the objectives set forth
> therein.
>
> \(d\) **Replacement Program**. AMAC will replace currently deployed
> equipment that may not fully comply with the Commission's Part 15 and
> Part 68 Rules within forty-eight (48) months of the Effective Date of
> this Consent Decree.
>
> \(e\) **Reports**. AMAC will provide annual reports to the Commission
> detailing the company's progress in replacing currently deployed
> equipment with potential compliance issues.

14. The Bureau agrees that it will not entertain or institute, or use
    the facts developed in this 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, or
    recommend to the full Commission any forfeiture or other sanction,
    against AMAC for any alleged violation of the Act or the Rules with
    respect to any of the Part 15 RF equipment and/or Part 68 terminal
    equipment that is listed in the attached appendix and that was
    manufactured, imported, marketed, leased, or sold by AMAC prior to
    the Effective Date of this Consent Decree.

15.  AMAC agrees that each model of Part 15 RF equipment and/or Part 68
    terminal equipment that is manufactured, imported, marketed, leased,
    or sold by AMAC on or after the Effective Date of this Consent
    Decree shall be compliant with the Commission's Rules.

16. Each Party agrees that it 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 AMAC 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.

17. The Parties agree that the requirements of the Consent Decree shall
    expire forty-eight (48) months after the Effective Date of this
    Consent Decree.

18. AMAC agrees that it will make a voluntary contribution to the United
    States Treasury in the amount of Seventy-five Thousand Dollars
    (\$75,000) within 30 calendar days after the Effective Date. Payment
    by check or money order may be mailed to 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 should include the NAL/Acct.
    No. and FCC Registration Number (FRN) referenced above.

19. AMAC'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 which adopts the Consent
    Decree without change, addition, modification, or deletion.

20. 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
    Degree and the Adopting Order, provided that the Adopting Order
    adopts the Consent Decree without change, addition, modification, or
    deletion.

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

22. 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 AMAC nor the Commission shall contest the continuing
    validity of this Consent Decree or the 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.

23. 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.

24. AMAC 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 addressed in this Consent Decree.

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

26. This Consent Decree may be signed in counterparts.

For the Enforcement Bureau:

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

Kris Anne Monteith

Chief, Enforcement Bureau

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

Date

For American Medical Alert Corporation

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

Howard M. Siegel

Chairman and CEO

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

Date

**APPENDIX**

**[AMAC EQUIPMENT]{.underline}**

**Voice Care Console Units:** Model Nos. 500, 700, 800, 833, 1000 and SP
2000.

**Personal Activator Pendants:** Model Nos. 200, 250, 260, 285, 270,
300, 400, 410, 433, 450, 450B, and 485.

**Other Devices:** Model 202-1 Sip & Puff; Model 200-00 Repeater; Model
923 Receiver; Model 924 Receiver; Model PB 5000 PERS Buddy; Model 650
Medtime with RF Transmitter; Medtime; Model 200-10 HW Smoke Detector;
and Model 200-14 RF Smoke Detector.

[^1]: 47 U.S.C. § 302a(b).

[^2]: *See, e.g*., 47 C.F.R. §§ 2.803, 2.925, 15.19, 15.101, 15.105(b),
    15.107, 15.109, 15.201, 15.207, 15.231, 68.201, and 68.354.

[^3]: 47 U.S.C. § 154(i).

[^4]: 47 C.F.R. §§ 0.111, 0.311.

[^5]: 47 U.S.C. § 302a(b).

[^6]: *See*, *e.g*., 47 C.F.R. Parts 2, 15, and 68.

[^7]: 47 U.S.C. § 302a(b).

[^8]: *See* Letter from Kathryn S. Berthot, Deputy Chief, Spectrum
    Enforcement Division, Enforcement Bureau, FCC, to Howard M. Siegel,
    President, AMAC (Nov. 17, 2004).