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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                            File No. EB-07-SE-144       
                                             )                               
     South Central Utah Telephone                NAL/Acct. No. 200832100004  
     Association, Inc.                       )                               
                                                 FRN # 0001607175            
                                             )                               


                  Notice of apparent Liability for forfeiture

   Adopted: October 31, 2007  Released:   November 1, 2007

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that South Central Utah Telephone Association, Inc. ("South Central")
       apparently willfully and repeatedly violated Section 20.19(f) of the
       Commission's Rules ("Rules") by failing to comply with the labeling
       requirements for digital wireless hearing aid-compatible handsets. For
       South Central's apparent violations, and for the reasons discussed
       below, we propose a forfeiture in the amount of twenty-four thousand
       dollars ($24,000).

   II. BACKGROUND

    2. In the 2003 Hearing Aid Compatibility Order, the Commission took a
       number of actions to further the ability of persons with hearing
       disabilities to access digital wireless telecommunications. Among
       other actions, the Commission required manufacturers and digital
       wireless service providers to collectively take steps to increase the
       number of hearing aid-compatible handset models available, and
       established phased-in deployment benchmark dates for the offering of
       hearing aid-compatible digital wireless handset models. In this
       regard, the Commission required entities within each of these classes
       that do not fall within the de minimis exception to begin to offer
       digital wireless handset models with reduced emission levels that meet
       at least a U3 rating for radio frequency interference by September 16,
       2005. In connection with the offer of hearing aid-compatible handset
       models, the Commission also required entities to label the handsets
       with the appropriate technical rating, and to explain the technical
       rating system in the owner's manual or as part of the packaging
       material for the handset. In order to monitor efforts to make
       compliant handsets available, the Commission required manufacturers
       and digital wireless service providers to report every six months on
       efforts toward compliance with the hearing aid compatibility
       requirements for the first three years of implementation (on May 17,
       2004, November 17, 2004, May 17, 2005, November 17, 2005, May 17,
       2006, and November 17, 2006), and then annually thereafter through the
       fifth year of implementation (on November 19, 2007 and November 17,
       2008).

    3. In June 2005, the Commission  reconsidered certain aspects of the
       Hearing Aid Compatibility Order and modified the preliminary handset
       deployment benchmark specific to Tier I wireless carriers (i.e.,
       carriers with national footprints). Specifically, the Hearing Aid
       Compatibility Reconsideration Order established that by September 16,
       2005, Tier I wireless carriers must offer four digital wireless
       handset models per air interface, or twenty-five percent of the total
       number of digital wireless handset models offered by the carrier
       nationwide, that meet a U3 rating. The Hearing Aid Compatibility
       Reconsideration Order, however, did not modify the preliminary
       deployment benchmark or associated labeling requirements for Tier II
       or Tier III wireless carriers. Tier II and Tier III wireless carriers
       that do not fall within the de minimis exception, therefore, were
       required to include in their handset offerings at least two U3-rated
       handset models per air interface, and to comply with the associated
       labeling requirements, by September 16, 2005.

    4. On April 11, 2007, the Commission released the Wireless Hearing
       Aid-Compatible Waiver Order, addressing individually each waiver
       petition filed by nineteen Tier II and Tier III wireless carriers,
       including South Central, for relief from the hearing-aid compatibility
       requirements for wireless digital telephones. In its waiver request,
       South Central requested a waiver that would extend the September 16,
       2005 compliance deadline by one year. South Central cited the
       unavailability of U3-rated handsets as grounds for its request. The
       Commission noted, however, that South Central's November 17, 2005
       Report stated that it was "currently marketing six CDMA handsets that
       meet the M3 rating." Accordingly, the Commission concluded that South
       Central came into compliance with the preliminary handset deployment
       benchmark as of November 17, 2005, and granted South Central a waiver
       nunc pro tunc to extend the deadline for compliance with Section
       20.19(c)(2)(i) of the Commission's rules until that date. The
       Commission found that this brief delay was de minimis and that it did
       not unduly deprive South Central's subscribers of access to hearing
       aid-compatible handsets.

    5. The Commission found, however, that South Central had not come fully
       into compliance with the labeling requirements for hearing
       aid-compatible hearing aid-compatible handsets even as of the date of
       the April 11, 2007, Wireless Hearing Aid-Compatible Waiver Order. The
       Commission found that South Central's November 17, 2005 Report
       indicated that three Motorola handsets it offered complied with the
       labeling requirements. However, the Commission pointed out that the
       Section 20.19(f) labeling requirements apply to all hearing
       aid-compatible handset models offered by a carrier. Furthermore, the
       Commission stated that although Section 20.19(c)(2) may require only
       that a Tier III carrier offer two hearing aid-compatible handset
       models per air interface, if the carrier chooses to provide a greater
       number of hearing aid-compatible handset models, each of those handset
       models must comply with the labeling requirements. The Commission
       observed that as of November 17, 2005, only three of South Central's
       six hearing aid-compatible models were complaint with labeling
       obligations. As of May 17, 2006, only five of the eight hearing
       aid-compatible handsets offered by South Central were fully complaint
       with labeling requirements. Finally, South Central's November 17, 2006
       Report showed that, as of that date, only six of its nine hearing
       aid-compatible handsets were fully complaint with labeling
       obligations.

    6. The Commission found that with respect to its request for waiver of
       the labeling requirements for hearing aid-compatible handsets, South
       Central had failed to demonstrate unusual or unique circumstances, or
       the existence of any other factor, that would warrant relief from the
       labeling requirement for a protracted, indeterminate period of time.
       The Commission stated that Section 20.19(f) imposes on both service
       providers and manufacturers the responsibility to ensure that hearing
       aid compatible handsets are properly labeled, and that the dependence
       of service providers on manufacturers for handset labeling in the
       first instance does not excuse the service providers from taking steps
       to achieve compliance with the labeling requirements. Moreover, the
       Commission found that the record did not establish that South Central
       made reasonable efforts to obtain labeling from manufacturers for all
       of its hearing aid-compatible handsets, and that other Tier III
       carriers have been able to come into compliance with those
       requirements and have been able to identify precisely when they
       achieved such compliance. Thus, the Commission concluded that South
       Central did not make the requisite showing to justify a waiver of
       Section 20.19(f) of the Rules, denied this aspect of the South Central
       Petition, and referred South Central's apparent violation to the
       Enforcement Bureau.

   III. Discussion

     A. Failure to Comply with Labeling Requirements for Wireless Hearing-Aid
        Compatible Handsets

    7. Section 20.19(f) of the Rules provides that wireless digital hearing
       aid-compatible handsets shall clearly display the U-rating, as defined
       in Section 20.19(b), on the packaging material of the handset and that
       an explanation of the technical rating system shall be included in the
       owner's manual or as an insert with the packaging material for the
       handset by September 16, 2005. As stated above, in the Wireless
       Hearing Aid-Compatible Waiver Order, the Commission determined that
       South Central apparently failed to come into compliance with the
       labeling requirements for three of its six hearing aid-compatible
       models as of November 17, 2005; as of May 17, 2006, only five of its
       eight hearing aid-compatible models were in compliance; and the
       November 17, 2006 Report showed that, as of that date, only six of its
       nine hearing aid-compatible models were in compliance. Accordingly, we
       conclude that South Central apparently willfully and repeatedly failed
       to comply with the labeling requirements in violation of Section
       20.19(f) of the Rules.

     A. Proposed Forfeiture

    8. Under Section 503(b)(1)(b) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and the person against whom such
       notice has been issued must have an opportunity to show, in writing,
       why no such forfeiture penalty should be imposed. The Commission will
       then issue a forfeiture if it finds by a preponderance of the evidence
       that the person has violated the Act or a Commission rule. We conclude
       under this standard that South Central is apparently liable for
       forfeiture for its apparent willful and repeated violations of Section
       20.19(f) of the Rules.

    9. Under Section 503(b)(2)(B) of the Act, we may assess a common carrier
       a forfeiture of up to $130,000 for each violation, or for each day of
       a continuing violation up to a maximum of $1,325,000 for a single act
       or failure to act. In exercising such authority, we are required to
       take into account "the nature, circumstances, extent, and gravity of
       the violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   10. The Commission's Forfeiture Policy Statement and Section 1.80 of the
       Rules do not establish a base forfeiture amount for violations of
       labeling requirements for hearing aid-compatible handsets set forth in
       Section 20.19(f) of the Rules. Enforcement of these requirements is
       important to ensure that individuals with hearing disabilities have
       access to information that they need to make informed decisions as to
       which wireless telephone best meets their individual needs. Moreover,
       as the Commission has observed, the number of Americans with hearing
       disabilities is growing, and so is wireless phone use. We note that a
       base forfeiture amount of $8,000 has been established for violations
       of the emergency accessibility rules. The emergency accessibility
       requirements and the labeling requirements for wireless hearing
       aid-compatible handsets both serve the important goal of promoting
       public safety by ensuring that consumers with disabilities have access
       to information that they need. Consistent with our recent decision in
       a similar case, we view these violations as analogous and find that
       the $8,000 base forfeiture amount is appropriate for apparent
       violations of Section 20.19(f). We find that South Central failed to
       come into compliance with the labeling requirements for each of three
       handsets it was offering, until at least through the release date of
       the Wireless Hearing Aid-Compatible Waiver Order. Each such failure is
       a separate violation. Accordingly, we propose a forfeiture of $8,000
       for each of South Central's failures to comply with the labeling
       requirements for wireless hearing aid-compatible handsets, for a total
       proposed forfeiture of $24,000.

   iV. ordering clauses

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, South Central Utah Telephone
       Association, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for
       willful and repeated violation of Section 20.19(f) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, South Central Utah Telephone Association,
       Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   13. Payment of the forfeiture must be made by credit card through the
       Commission's Debt and Credit Management Center at (202) 418-1995, or
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/Acct. No.
       and FRN No. referenced above. 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.

   14. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   15. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   16. Requests for payment of the full amount of the NAL under an
       installment plan should be sent to: Associate Managing Director -
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by first class mail and certified mail
       return receipt requested to Brant Barton, Chief Executive Officer,
       South Central Utah Telephone Association, Inc., P.O. Box 555,
       Escalante, Utah 84726 and to Harold Mordkofsky, Blooston, Mordkofsky,
       Dickens, Duffy & Prendergast, LLP, 2120 L Street, N.W., Washington, DC
       20037.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 C.F.R. S: 20.19(f).

   The "labeling requirements" are two-part, mandating that the packaging for
   wireless hearing aid-compatible handsets display the technical rating of
   the handset and that an explanation of the technical rating system be
   included as an insert in the packaging material or incorporated in the
   owner's manual for the handset.

   Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
   Telephones, Report and Order, 18 FCC Rcd 16753 (2003); Erratum, 18 FCC Rcd
   18047 (2003) ("Hearing Aid Compatibility Order"). The Commission adopted
   these requirements for digital wireless telephones under authority of a
   provision of the Hearing Aid Compatibility Act of 1988, codified at
   Section 710(b)(2)(C) of the Communications Act of 1934, as amended, 47
   U.S.C. S: 610(b)(2)(C).

   See Hearing Aid Compatibility Order,  18 FCC Rcd at 16780; 47 C.F.R. S:
   20.19(c). In adopting these requirements, the Commission observed, inter
   alia, that "as wireless service has evolved to become increasingly more
   important to Americans' safety and quality of life, the need for persons
   with hearing disabilities to have access to wireless services has become
   critical." Hearing Aid Compatibility Order,  18 FCC Rcd at 16757.

   See 47 C.F.R. S: 20.19(e)(1)-(2). The de minimis exception applies on a
   per air interface basis, and provides that manufacturers or mobile service
   providers that offer two or fewer digital wireless handsets in the U.S.
   are exempt from the requirements of the hearing aid compatibility rules.
   For mobile service providers that obtain handsets only from manufacturers
   that offer two or fewer digital wireless handset models in the U.S., the
   service provider would likewise be exempt from the hearing aid
   compatibility requirements. Manufacturers or mobile service providers that
   offer three digital wireless handset models must offer at least one
   compliant handset model. Mobile service providers that obtain handsets
   only from manufacturers that offer three digital wireless handset models
   in the U.S. are required to offer at least one compliant handset model.

   Section 20.19(b)(1) of the Rules provides that a wireless handset is
   deemed hearing aid-compatible if, at minimum, it receives a U3 rating "as
   set forth in the standard document ANSI C63.19-2001[,] `American National
   Standard for Methods of Measurement of Compatibility between Wireless
   Communications Devices and Hearing Aids.'" 47 C.F.R. S: 20.19(b)(1). On
   April 25, 2005, the Commission's Office of Engineering and Technology
   announced that it would also certify handsets as hearing aid-compatible
   based on the revised version of the standard, ANSI C63.10-2005. Thus,
   applicants for certification may rely on either the 2001 version or 2005
   version of the ANSI C63.19 standard. See OET Clarifies Use of Revised
   Wireless Phone Hearing Aid Compatibility Standard Measurement Procedures
   and Rating Nomenclature, Public Notice, 20 FCC Rcd 8188 (OET 2005). In
   addition, we note that, since its 2005 draft version, the ANSI C63.19
   technical standard has used an "M" nomenclature for the radio frequency
   interference rating rather than a "U," and a "T" nomenclature for the
   handset's inductive coupling rating, rather than a "UT." The Commission
   has approved the use of the "M" and "T" nomenclature and considers the M/T
   and U/UT nomenclatures as synonymous. See Section 68.4(a) of the
   Commission's Rules Governing Hearing Aid-Compatible Telephones, Order on
   Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd
   11221, 11238 (2005) ("Hearing Aid Compatibility Reconsideration Order").

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; see also 47
   C.F.R. S: 20.19(c)(1)-(3).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16785; see also 47
   C.F.R. S: 20.19(f). In addition, to ensure that the rating information was
   actually conveyed to consumers prior to purchase, the Commission required
   digital wireless service providers to ensure that the U-rating of the
   handsets is available to such consumers at the point-of-sale, whether
   through display of the label, separate literature, or other means.  See
   Hearing Aid Compatibility Order, 18 FCC Rcd at 16785.

   See id. at 16787; see also Wireless Telecommunications Bureau Announces
   Hearing Aid Compatibility Reporting Dates for Wireless Carriers and
   Handset Manufacturers, Public Notice, 19 FCC Rcd 4097 (WTB 2004).

   See Hearing Aid Compatibility Reconsideration Order, 20 FCC Rcd at 11238.

   See id. at 11232; see also OET Clarifies Use of Revised Wireless Phone
   Hearing Aid Compatibility Standard Measurement Procedures and Rating
   Nomenclature, Public Notice, 20 FCC Rcd 8188 (OET 2005).

   Tier II carriers are non-nationwide wireless radio service providers with
   more than 500,000 subscribers. Tier III carriers are non-nationwide
   wireless radio service providers with 500,000 or fewer subscribers. See
   Revision of the Commission's Rules to Ensure Compatibility with Enhanced
   911 Emergency Calling Systems, Phase II Compliance Deadlines for
   Non-Nationwide CMRS Carriers, Order to Stay, 17 FCC Rcd 14841, 14847
   (2002).

   See 47 C.F.R. S: 20.19(c)(2)(i).

   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, 22 FCC Rcd 7171 (2007) ("Wireless
   Hearing Aid-Compatible Waiver Order").

   South Central Petition at 1.

   Id. at 4 (asserting that the basis for the waiver request "is starkly
   simple and can be concisely stated: There are no [hearing aid-compatible]
   compliant digital wireless telephones available for purchase by Tier III
   wireless carriers, such as South Central Utah, that meet a U3 rating under
   the ANSI Standard C63.19 for radio frequency interference").

   Wireless Hearing Aid-Compatible Waiver Order, 22 FCC Rcd at 7188, P: 35.

   Id. at 7188,  P: 37.

   Id.

   Id. at 7188-7189, P: 38.

   Id. at 7189, P: 38.

   Id.

   Id. at 7188-7189, P: 38.

   Id.

   Id. at 7189, P: 39. See also 47 C.F.R. S: 20.19(a) (requirements of
   Section 20.19 apply both to providers of public mobile services and to
   manufacturers of handsets used in the delivery of those services.).

   Id.

   Id. South Central filed a petition for partial reconsideration of the
   Wireless Hearing Aid-Compatible Waiver Order on May 11, 2007. See South
   Central Utah Telephone Association, Inc. Petition for Partial
   Reconsideration, WTB Docket No. 01-309 (May 11, 2007). That petition
   remains pending.

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied, 7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern
   California, 6 FCC Rcd at 4388.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 (2002).

   47 U.S.C. S: 503(b)(2)(B). The Commission twice amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), to increase the maxima forfeiture
   amounts, in accordance with the inflation adjustment requirements
   contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. S:
   2461. See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order,  15 FCC Rcd
   18221 (2000) (adjusting the maximum statutory amounts from
   $100,000/$1,000,000 to $120,000/$1,200,000); Amendment of Section 1.80 of
   the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting the maximum statutory
   amounts from $120,000/$1,200,000 to $130,000/$1,325,000); see also 47
   C.F.R. S: 1.80(c).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
   17087, 17115 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   The fact that the Forfeiture Policy Statement does not specify a base
   amount does not indicate that no forfeiture should be imposed. The
   Forfeiture Policy Statement states that "... any omission of a specific
   rule violation from the ... [forfeiture guidelines] ... should not signal
   that the Commission considers any unlisted violation as nonexistent or
   unimportant. Forfeiture Policy Statement, 12 FCC Rcd at 17099. The
   Commission retains the discretion, moreover, to depart from the Forfeiture
   Policy Statement and issue forfeitures  on a case-by-case basis, under its
   general forfeiture authority contained in Section 503 of the Act. Id.

   Hearing Aid Compatibility Order,  18 FCC Rcd at 16785, aff'd, 20 FCC Rcd
   at 11238-39.

   Id. at 16786.

   See Fox Television Stations, Inc., Notice of Apparent Liability for
   Forfeiture, 20 FCC Rcd 9847, 9852 (Enf. Bur., 2005); NBC Telemundo License
   Co., Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 9839, 9845
   (Enf. Bur., 2005); Midwest Television, Inc., Notice of Apparent Liability
   for Forfeiture, 20 FCC Rcd 3959, 3966 (Enf. Bur., 2005), consent decree
   issued, 22 FCC Rcd 4405 (Enf. Bur., 2007).

   See supra n. 4.

   See IT&E Overseas, Inc., Notice of Apparent Liability for Forfeiture, 22
   FCC Rcd 7660 (Enf. Bur., Spectrum Enf. Div. 2007).

   Under Section 503(b)(6) of the Act,  47 U.S.C. S: 503(b)(6), we are
   prohibited from assessing a forfeiture for a violation that occurred more
   than a year before the issuance of a NAL. See also 47 C.F.R. S:
   1.80(b)(4). Section 503(b)(6) does not, however, bar us from considering
   South Central's prior conduct in determining the appropriate forfeiture
   amount for violations that occurred within the one-year statutory period.
   See Behringer USA, Inc., Forfeiture Order, 22 FCC Rcd 10451, 10453-10454
   (2007); Globcom, Inc. d/b/a Globcom Global Communications, Notice of
   Apparent Liability for Forfeiture, 18 FCC Rcd 19893, 19903 (2003),
   forfeiture ordered, 21 FCC Rcd 4710 (2006); Roadrunner Transportation,
   Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671-71 (2000); Cate
   Communications Corp., Memorandum Opinion and Order, 60 RR 2d 1386, 1388
   (1986); Eastern Broadcasting Corp., Memorandum Opinion and Order, 10 FCC
   2d 37, 37-38 (1967) recon. denied, 11 FCC 2d 193, 195 (1967). Accordingly,
   while we take into account the continuous nature of the violations in
   determining the appropriate forfeiture amount, our proposed forfeiture
   relates only to South Central's apparent violations that have occurred
   within the past year.

   See 47 C.F.R. S: 1.1914.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 07-4481

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   Federal Communications Commission DA 07-4481