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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File No. EB-08-SE-005
Long Lines Wireless, LLC d/b/a Acct. No. 200932100048
Long Lines Wireless FRN No. 0001650860
Adopted: February 24, 2009 Released: February 26, 2009
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Long Lines Wireless, LLC
d/b/a Long Lines Wireless ("Long Lines"). The Consent Decree
terminates an investigation of Long Lines by the Bureau for possible
violations of former Section 20.19(d)(2) of the Commission's Rules
("Rules") regarding the inductive coupling hearing aid compatibility
2. The Bureau and Long Lines have negotiated the terms of the Consent
Decree that resolve this matter. 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
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Long Lines possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act,
and sections 0.111 and 0.311 of the Rules, the Consent Decree attached
to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
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 Brent Olson, Long Lines Wireless, LLC, 501 4th St,
Sergeant Bluff, IA 51054 and to its counsel, Kenneth C. Johnson, Esq.,
Bennet & Bennet, PLLC, 10 G St. NE, Seventh Floor, Washington, DC
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-08-SE-005
Long Lines Wireless, LLC d/b/a ) Acct. No. 200932100048
Long Lines Wireless
) FRN No. 0001650860
The Enforcement Bureau ("Bureau") and Long Lines Wireless, LLC d/b/a Long
Lines Wireless ("Long Lines"), by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the Bureau's
investigation into whether Long Lines violated former Section 20.19(d)(2)
of the Commission's Rules regarding the inductive coupling hearing aid
1. For the purposes of this Consent Decree, the following definitions
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:S:
151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
c. "Bureau" means the Enforcement Bureau of the Federal Communications
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 8.
f. "Effective Date" means the date the Bureau releases the Adopting
g. "Investigation" means any investigation initiated by the Bureau
regarding whether Long Lines violated the inductive coupling hearing
aid compatibility requirements of former Section 20.19(d)(2) of the
h. "Long Lines" means Long Lines Wireless, LLC d/b/a Long Lines Wireless,
and its predecessors-in-interest and successors-in-interest.
i. "Parties" means Long Lines and the Bureau.
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
2. Pursuant to former Section 20.19(d)(2) of the Rules, carriers are
required to offer at least two handset models for each air interface
that meet the inductive coupling standards for hearing aid
3. On September 18, 2006, Long Lines filed a Petition for Temporary and
Limited Waiver of Section 20.19(d)(2) of the Commission's Rules
requesting a limited waiver of the FCC's requirement that Long Lines
offer at least two T-rated handsets by September 18, 2006. The Long
Lines Petition requested additional time to obtain the handsets until
January 1, 2007. On September 20, 2007, Long Lines filed an Amendment
to Petition for Temporary and Limited Waiver of Section 20.19(d)(2) of
the Commission's Rules requesting extended relief of this deadline for
an additional three weeks until January 26, 2007. On February 27,
2008, the Commission issued a Memorandum Opinion and Order that, inter
alia, denied Long Lines' Petition for Temporary and Limited Waiver of
Section 20.19(d)(2) of the Commission's Rules and referred Long Lines'
apparent violation to the Bureau.
III. TERMS OF AGREEMENT
4. Adopting Order. 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
without change, addition, modification, or deletion.
5. Jurisdiction. Long Lines agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
6. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
7. Termination of Investigations. In express reliance on the covenants
and representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation. In consideration for the termination of said
investigation, Long Lines agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in this investigation through the Effective Date of the
Consent Decree, or the existence of this Consent Decree, to institute,
on its own motion, any new proceeding, formal or informal, or take any
action on its own motion against Long Lines concerning the matters
that were the subject of the investigation. The Bureau also agrees
that it will not use the facts developed in this investigation through
the Effective Date of this Consent Decree, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against Long Lines
with respect to Long Lines's basic qualifications, including its
character qualifications, to be a Commission licensee or authorized
8. Compliance Plan. For purposes of settling the matters set forth
herein, Long Lines agrees to maintain a Compliance Plan related to
future compliance with the Act, the Commission's Rules, and the
Commission's Orders. The Plan will include, at a minimum, the
a. Compliance Officer. Long Lines has designated a hearing aid
compatibility compliance officer. The designated hearing aid
compatibility compliance officer will be familiar with the FCC's
hearing aid compatibility regulations and associated selling and
labeling benchmarks. The designated hearing aid compatibility
compliance officer will also review the FCC's hearing aid
compatibility regulations on a monthly basis in order to stay abreast
of pending benchmarks and any new hearing aid compatibility
b. Training. The designated hearing aid compatibility compliance officer
will be responsible for ensuring that all Long Lines retail staff
receives training regarding the hearing aid compatibility capabilities
of the handsets Long Lines offers for sale. Such training will be
completed within ninety (90) days of the Effective Date and any new
employees will receive training within sixty (60) days of their
c. Consumer Outreach. Long Lines will advertise the availability of
hearing aid-compatible handsets to ensure that all of its retail
customers are aware that hearing aid-compatible handsets are
d. Compliance Reports. Long Lines will file compliance reports with the
Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, and twenty-four (24) months after the
Effective Date. Each report shall include a compliance certificate
from an officer, as an agent of Long Lines, stating that the officer
has personal knowledge that Long Lines has established operating
procedures intended to ensure compliance with this Consent Decree,
together with an accompanying statement explaining the basis for the
officer's compliance certification. All reports shall be submitted to
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C.
20554. All reports shall also be submitted electronically to Jennifer
Burton at Jennifer.Burton@fcc.gov, and JoAnn Lucanik at
e. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twenty-four (24) months from the Effective
9. Section 208 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to Section 208 of the Act
against Long Lines or its affiliates for alleged violations of the
Act, or for any other type of alleged misconduct, regardless of when
such misconduct took place. The Commission's adjudication of any such
complaint will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by Long Lines with the Act, the Rules, or
10. Voluntary Contribution. Long Lines agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
eleven thousand dollars ($11,000). The payment will be made within
thirty (30) days after the Effective Date of the Adopting Order. 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). Long Lines will also send
electronic notification on the date said payment is made to Jennifer
Burton, Esq., Jennifer.Burton@fcc.gov, and JoAnn Lucanik, Deputy
Division Chief, JoAnn.Lucanik@fcc.gov.
11. Waivers. Long Lines 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 Adopting Order, provided the Adopting Order adopts the Consent
Decree without change, addition, modification, or deletion. Long Lines
shall retain the right to challenge Commission interpretation of the
Consent Decree or any terms contained herein. 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 Long Lines nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and Long Lines shall waive any statutory right to a
trial de novo. Long Lines hereby agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. S: 504
and 47 C.F.R. S: 1.1501 et seq., relating to the matters addressed in
this Consent Decree.
12. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
13. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which Long Lines does not expressly
consent) that provision will be superseded by such Commission rule or
14. Successors and Assigns. Long Lines agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
15. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further 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.
16. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
17. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
18. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
19. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Chief Financial Officer
Long Lines Wireless, LLC d/b/a Long Lines Wireless
47 C.F.R. S: 20.19(d)(2) (2007).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 20.19(d)(2) (2007). In February 2008, as part of a
comprehensive reconsideration of the effectiveness of the hearing aid
compatibility rules, the Commission made several changes to these rules.
See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008) ("Hearing
Aid Compatibility First Report and Order"), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008).
See Long Lines Petition for Temporary and Limited Waiver of Section
20.19(d)(2) of the Commission's Rules, WT Docket No. 01-309 (September 18,
See Long Lines Amendment to Petition for Temporary and Limited Waiver of
Section 20.19(d)(2) of the Commission's Rules, WT Docket No. 01-309
(September 20, 2007).
See Section 68.4(a) of the Commission's Rules Governing Hearing
Aid-Compatible Telephones, Petitions for Waiver of Section 20.19 of the
Commission's Rules, Memorandum Opinion and Order, 23 FCC Rcd 3352 (2008).
Federal Communications Commission DA 09-435
Federal Communications Commission DA 09-435