Federal Communications Commission FCC 18-184
Before the Federal Communications Commission
Washington, DC 20554
In the Matter of Swarm Technologies, Inc.
File No.: EB-SED-18-00026685
Acct. No.: 201932100015
FRN: 0026233890
ORDER Adopted: December 14, 2018
Released: December 20, 2018
By the Commission: Chairman Pai and Commissioner O’Rielly issuing separate statements.
1. The Federal Communications Commission (the Commission) has entered into a Consent Decree to resolve its investigation into whether Swarm Technologies, Inc. (Swarm Technologies) engaged in unauthorized deployment and operation of satellites, unauthorized operation of earth ground stations, and other unauthorized operation and testing of radio frequency equipment. One month after the Commission denied Swarm Technologies’ application to deploy and operate four experimental satellites, Swarm Technologies launched and operated the satellites anyway, with no authorization to do so. Swarm Technologies admitted to the unauthorized launch and operation only after the Commission discovered it. During the investigation into Swarm Technologies’ practices, Swarm Technologies also identified several unauthorized weather balloon-to-ground station tests and unauthorized tests of its satellite and ground station equipment.
2. Unauthorized deployment and operation of satellites risks satellite collisions and radio frequency interference, threatening critical commercial and government satellite operations. To settle this matter, Swarm Technologies admits that it engaged in these unlawful acts, will implement a five-year compliance plan, and will pay a $900,000 civil penalty.
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 adopting the Consent Decree and terminating the referenced investigation regarding Swarm Technologies’ compliance with the satellite and radio frequency equipment laws, Sections 301 and 302 of the Communications Act of 1934, as amended (Act)1 , and Sections 2.805, 5.53, 25.102, 25.113 of the Commission’s rules.2
4. In the absence of material new evidence relating to this matter, we do not set for hearing the question of Swarm Technologies’ basic qualifications to hold or obtain any Commission license or authorization.3 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,4 the Consent Decree attached to this Order IS ADOPTED and its terms are incorporated by reference.
1 47 U.S.C. §§ 301, 302a.
2 47 CFR §§ 2.805, 5.53, 25.102, 25.113.
3 See 47 CFR § 1.93(b).
4 47 U.S.C. § 154(i).
Federal Communications Commission FCC 18-184 2
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
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 Frank Lamancusa, Morgan, Lewis & Bockius LLP, 2020 K Street, NW, Washington, DC 20006-1806, counsel to Swarm Technologies, Inc.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch Secretary
Before the Federal Communications Commission
Washington, DC 20554
In the Matter of Swarm Technologies, Inc.
File No.: EB-SED-18-00026685
Acct. No.: 201932100015
FRN: 0026233890
ORDER Adopted: December 14, 2018
Released: December 20, 2018
By the Commission: Chairman Pai and Commissioner O’Rielly issuing separate statements.
1. The Federal Communications Commission (the Commission) has entered into a Consent Decree to resolve its investigation into whether Swarm Technologies, Inc. (Swarm Technologies) engaged in unauthorized deployment and operation of satellites, unauthorized operation of earth ground stations, and other unauthorized operation and testing of radio frequency equipment. One month after the Commission denied Swarm Technologies’ application to deploy and operate four experimental satellites, Swarm Technologies launched and operated the satellites anyway, with no authorization to do so. Swarm Technologies admitted to the unauthorized launch and operation only after the Commission discovered it. During the investigation into Swarm Technologies’ practices, Swarm Technologies also identified several unauthorized weather balloon-to-ground station tests and unauthorized tests of its satellite and ground station equipment.
2. Unauthorized deployment and operation of satellites risks satellite collisions and radio frequency interference, threatening critical commercial and government satellite operations. To settle this matter, Swarm Technologies admits that it engaged in these unlawful acts, will implement a five-year compliance plan, and will pay a $900,000 civil penalty.
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 adopting the Consent Decree and terminating the referenced investigation regarding Swarm Technologies’ compliance with the satellite and radio frequency equipment laws, Sections 301 and 302 of the Communications Act of 1934, as amended (Act)1 , and Sections 2.805, 5.53, 25.102, 25.113 of the Commission’s rules.2
4. In the absence of material new evidence relating to this matter, we do not set for hearing the question of Swarm Technologies’ basic qualifications to hold or obtain any Commission license or authorization.3 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,4 the Consent Decree attached to this Order IS ADOPTED and its terms are incorporated by reference.
1 47 U.S.C. §§ 301, 302a.
2 47 CFR §§ 2.805, 5.53, 25.102, 25.113.
3 See 47 CFR § 1.93(b).
4 47 U.S.C. § 154(i).
Federal Communications Commission FCC 18-184 2
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
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 Frank Lamancusa, Morgan, Lewis & Bockius LLP, 2020 K Street, NW, Washington, DC 20006-1806, counsel to Swarm Technologies, Inc.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch Secretary
