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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
                                                             
                             )   File No. EB-08-SE-116       
     In the Matter of                                        
                             )   NAL/Acct. No. 200832100050  
     SunCom Wireless, Inc.                                   
                             )   FRN # 0003246642            
                                                             
                             )                               


                  Notice of apparent Liability for forfeiture

   Adopted: June 4, 2008 Released: June 4, 2008

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we
       propose a forfeiture of sixty thousand dollars ($60,000) against
       SunCom Wireless, Inc. ("SunCom"), a Global System for Mobile
       Communications-based  ("GSM-based") Tier II carrier, serving most of
       North and South Carolina, parts of the bordering states of Virginia,
       Tennessee and Georgia ("mainland"), and Puerto Rico and the U.S.
       Virgin Islands. As detailed herein, we find that SunCom apparently
       willfully and repeatedly violated Section 20.19(d)(2) of the
       Commission's Rules ("Rules"), by failing to include in its digital
       wireless handset offerings at least two models that meet the inductive
       coupling standards for hearing aid compatibility by the September 18,
       2006 deadline.

   II. BACKGROUND

    2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
       several measures to enhance the ability of individuals with hearing
       disabilities to access digital wireless telecommunications. The
       Commission established technical standards that digital wireless
       handsets must meet to be considered compatible with hearing aids
       operating in acoustic coupling and inductive coupling (telecoil)
       modes. Specifically, the Commission adopted a standard for radio
       frequency interference (the "U3" or "M3" rating) to enable acoustic
       coupling between digital wireless phones and hearing aids operating in
       acoustic coupling mode,  and a separate standard (the "U3T" or "T3"
       rating) to enable inductive coupling with hearing aids operating in
       telecoil mode. The Commission further established, for each standard,
       deadlines by which manufacturers and service providers were required
       to offer specified numbers or percentages of digital wireless handsets
       per air interface that are compliant with the relevant standard if
       they did not come under the de minimis exception.

    3. The Commission required that manufacturers and service providers begin
       making commercially available at least two handset models per air
       interface that meet the U3 or M3 rating for radio frequency
       interference by September 16, 2005. The Commission also required that
       manufacturers and service providers make commercially available at
       least two handset models per air interface that meet the U3T or T3
       rating for inductive coupling by September 18, 2006. In connection
       with the offer of hearing aid-compatible handset models, the
       Commission further 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 the availability of these handsets,
       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, and then annually thereafter through the fifth year
       of implementation.

    4. On September 15, 2006, SunCom filed a petition for waiver of Section
       20.19(d)(2) of the Rules, seeking an extension of the inductive
       coupling-compliant handset deadline until January 18, 2007. SunCom
       based its waiver request on its inability, as a smaller regional
       carrier that lacks the bargaining leverage of Tier I carriers, to
       receive from suppliers timely shipments of inductive
       coupling-compliant handsets. On January 12, 2007, SunCom filed an
       amended waiver petition, seeking a further extension until April 1,
       2007. SunCom based its amended request on Nokia's postponed shipping
       date for its T3-rated 6126h model, which Nokia projected would not be
       available to SunCom until the end of the first quarter 2007. In
       addition, SunCom indicated that it introduced a version of the Sony
       Ericsson ("S/E") W710 model in December 2006, which it had been told
       was not T3-compliant, but had recently learned that this S/E W710
       model has qualified for a T-3 rating. Thus, SunCom stated that it did
       have one T3-rated handset available to consumers. SunCom asserted that
       it was working with S/E to obtain appropriate package labeling for the
       W710 units already in inventory. SunCom also stated that it was
       planning to acquire a third inductive coupling-compliant handset, the
       Motorola V3i.

    5. On March 30, 2007, SunCom filed an amended waiver petition, seeking a
       further extension until May 15, 2007. SunCom explained that, in
       response to its further request to S/E for appropriate labeling of the
       W710 model, it was told that the W710 units S/E sent to SunCom in
       December of 2006 were not inductive coupling-compliant, and that
       compliant W710 models would not be shipped until the end of April
       2007. SunCom made its further labeling request to S/E the last week of
       March 2007, approximately three months after it had received the S/E
       W710 handsets, and more than two months after it first represented to
       the Commission that it was working with S/E to obtain appropriate
       labeling.

    6. In its March 2007 Waiver Amendment, SunCom also stated that it was
       offering the inductive coupling-compliant Nokia 6126h model in its
       mainland stores, and that it was offering the inductive
       coupling-compliant Motorola V3i model in its Puerto Rico stores.
       SunCom further stated that it planned to offer the Nokia 6085 model
       (replacement for the Nokia 6126h model then offered only in its
       mainland stores) in all of its stores by April 2007. SunCom thus
       stated that it expected to achieve full compliance with the inductive
       coupling handset requirements by the end of April 2007.

    7. On June 1, 2007, SunCom, responding to a Commission staff inquiry,
       stated that as of May 10, 2007, it had offered the inductive
       coupling-compliant S/E W710 and the Nokia 6085 handsets in its
       mainland stores, and the Motorola V3i handsets on its website. SunCom
       further stated that it began offering the Motorola V3i handsets in its
       Puerto Rico stores on September 20, 2006, but that it had not yet
       offered a second compliant handset there. SunCom explained that it had
       placed an order for Nokia's 6085 model for distribution in Puerto
       Rico, but that on April 26, 2007 (several months after it placed the
       order), Nokia told it that shipment of that model had to be delayed
       due to the fact that SunCom requires different software for handsets
       sold in the Puerto Rico market. SunCom stated that it immediately
       provided the software to Nokia, and that it received a shipment date
       of June 6, 2007. In the interim, SunCom stated that it had arranged to
       ship some of its mainland Nokia 6085 handsets to Puerto Rico for
       distribution by June 6, 2007. SunCom therefore requested a limited
       waiver until June 6, 2007, with regard to its 25 stores in Puerto
       Rico.

    8. On June 11, 2007, SunCom reported that the mainland Nokia 6085
       handsets had been shipped to, and were being offered in, its Puerto
       Rico stores as of June 5, 2007. SunCom reported, however, that it had
       learned that the version of the Motorola V3i that it had been offering
       was not inductive coupling-compliant. SunCom stated after this
       discovery, it immediately shipped S/E W710 handsets from its mainland
       inventory and requested a waiver for the time it mistakenly believed
       that the Motorola V3i model was inductive coupling-compliant.
       According to SunCom, it began offering the S/E W710 compliant handsets
       (its second compliant model) in its Puerto Rico stores on June 8,
       2007.

    9. On February 27, 2008, the Commission released the February 2008
       Inductive Coupling Compatibility Waiver Order, addressing individually
       each of 46 waiver petitions filed on behalf of a total of 90 Tier III
       carriers, five Tier II carriers, including SunCom, one Mobile Virtual
       Network Operator, and one handset manufacturer for relief from the
       hearing aid compatibility requirements for wireless digital
       telephones. The Commission found that SunCom did not demonstrate
       "unique or unusual circumstances, or the existence of any factor" that
       would warrant a waiver. The Commission noted SunCom's documented
       efforts to achieve, and its setbacks in achieving, compliance with
       Section 20.19(d)(2). The Commission found, however, that neither
       SunCom's efforts nor its setbacks justified its prolonged delays. In
       so finding, the Commission noted that SunCom was not proactive
       regarding the Motorola V3i (it should have inquired whether it was
       inductive coupling-compliant, in the absence of labeling) and the S/E
       model W710 (it should have followed up sooner when its initial request
       for labeling was not satisfactorily answered). Finally, the Commission
       noted that SunCom did not demonstrate the same level of diligence in
       the Puerto Rico market as it had in the mainland.

   III. DISCUSSION

    A. Failure to Offer For Sale Two Hearing Aid-Compatible Handset Models

   10. Section 20.19(d)(2) of the Rules requires digital wireless service
       providers to begin offering for sale at least two handset models for
       each air interface that meet at least a T3 rating for inductive
       coupling by September 18, 2006. SunCom admits that it did not offer
       for sale the required two models of inductive coupling-compliant
       handsets in all of its markets until June 8, 2007. Accordingly, we
       conclude that SunCom apparently willfully and repeatedly failed to
       comply with Section 20.19(d)(2) of the Rules.

   B. Proposed Forfeiture

   11. 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 SunCom is apparently liable for forfeiture
       for its apparent willful and repeated violation of Section 20.19(d)(2)
       of the Rules.

   12. 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."

   13. The Commission's Forfeiture Policy Statement  and Section 1.80 of the
       Rules do not establish a base forfeiture amount for violations of the
       hearing aid-compatible handset requirements set forth in Section 20.19
       of the Rules. 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. 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.

   14. In determining the appropriate forfeiture amount for violation of the
       hearing aid compatibility handset requirements, we take into account
       that these requirements serve to ensure that individuals with hearing
       disabilities have access to digital wireless telecommunications
       services. In adopting the hearing aid compatibility rules, the
       Commission underscored the strong and immediate need for such access,
       stressing that individuals with hearing impairments should not be
       denied the public safety and convenience benefits of digital wireless
       telephony. Moreover, as the Commission has noted, the demand for
       hearing aid-compatible handsets is likely to increase with the growing
       reliance on wireless technology and with the increasing median age of
       our population.

   15. Our recent decisions established a base forfeiture amount of $15,000
       per handset for violations of the hearing aid compatibility handset
       requirements. In establishing this base forfeiture amount, we
       determined that violations of the hearing aid compatibility handset
       requirements warranted a significantly higher forfeiture than for
       violations of the labeling requirements for wireless hearing
       aid-compatible handsets. We found that a violation of the labeling
       requirements, while serious because it deprives hearing aid users from
       making informed choices, is less egregious than a violation of the
       handset requirements because failure to make compliant handsets
       available actually deprives hearing aid users from accessing digital
       wireless communications. We also found that the handset requirements
       require providers to offer at least two handset models that meet at
       least a T3 rating for inductive coupling, and thus determined that a
       proposed forfeiture for violation of these requirements should be
       applied on a per handset basis.

   16. The record establishes that SunCom did not offer any handsets that met
       the T3 rating for inductive coupling by September 18, 2006. The record
       further establishes that SunCom did not come into compliance with the
       inductive coupling compatibility requirements in all of its markets
       until June 8, 2007. Further, while SunCom sought waivers of the
       September 18, 2006 deadline, its efforts to come into compliance did
       not demonstrate due diligence and it did not demonstrate unique or
       unusual circumstances. The Commission thus denied SunCom's waiver
       requests. Accordingly, SunCom is apparently liable for a base
       forfeiture of $30,000 for failing to comply with the inductive
       coupling compatibility requirements in willful and repeated violation
       of Section 20.19(d)(2).

   17. We find, however, that a substantial upward adjustment to the $30,000
       base forfeiture amount is warranted. We believe that violations of the
       hearing aid compatibility handset requirements by Tier II carriers are
       more egregious, warranting a higher forfeiture amount than that
       assessed against smaller Tier III carriers. Specifically, we consider
       that Tier II carriers' failure to timely offer compliant handsets
       potentially impacts and deprives more hearing aid users from accessing
       digital wireless communications, because of their larger subscriber
       base. We also consider it appropriate to set the forfeiture amount at
       a higher level for larger entities, such as Tier II carriers, to serve
       as an effective deterrent against their future non-compliance with the
       hearing aid compatibility handset requirements. And, as we have
       previously noted, a carrier's failure to offer two handsets that meet
       the FCC's inductive coupling compatibility requirements is a
       continuing violation for purposes of determining an appropriate
       forfeiture.

   18. At the same time, we must also consider the efforts that SunCom did
       make, over a period of several months, to obtain compliant handsets in
       both its mainland and Puerto Rico markets. As the Commission noted in
       denying SunCom's waiver request, SunCom documented that it made
       numerous contacts with manufacturers in an attempt to procure such
       handsets, but that a series of setbacks delayed its compliance until
       June 2007. While these efforts are not sufficient, under all the
       circumstances, to excuse SunCom's extended period of noncompliance, we
       find that they warrant some mitigation of the proposed forfeiture.
       Based on all of the foregoing, we therefore propose a $60,000
       forfeiture against SunCom for failing to comply with the inductive
       coupling compatibility requirements in apparent willful and repeated
       violation of Section 20.19(d)(2).

   IV. ORDERING clauses

   19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, SunCom Wireless, Inc. IS NOTIFIED
       of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty
       thousand dollars ($60,000) for willful and repeated violation of
       Section 20.19(d)(2) of the Rules.

   20. 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, SunCom SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   21. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. 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 NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554. Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: arinquiries@fcc.gov with any questions
       regarding payment procedures.  SunCom will also send electronic
       notification on the date said payment is made to JoAnn Lucanik at
       joann.lucanik@fcc.gov and Ava Holly Berland at holly.berland@fcc.gov.

   22. 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.

   23. 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.

   24. 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 Daniel Menser, T-Mobile USA, Inc., 12920
       SE 38th Street, Bellevue, WA 98006, and to Michele C. Farquhar, Hogan
       & Hartson, LLP, 555 13th St., NW, Washington, DC 20004-1109.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   The Commission recently approved the transfer of control of the wireless
   licenses and international Section 214 authorizations held by SunCom
   Wireless Holdings, Inc. and its subsidiaries (including SunCom Wireless,
   Inc.) to T-Mobile USA, Inc. See Applications of T-Mobile USA, Inc. and
   SunCom Wireless Holdings, Inc. for Consent to Transfer Control of Licenses
   and Authorizations and Petition for Declaratory Ruling that the
   Transaction is Consistent with Section 310(b)(4) of the Communications
   Act, Memorandum Opinion and Order, 23 FCC Rcd 2515 (2008)
   ("T-Mobile/SunCom Transfer Order").

   Tier II carriers are non-Nationwide wireless radio service providers with
   more than 500,000 subscribers as of the end of September 2001. 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 P:P:
   22-23 (2002) ("Non-Nationwide Carrier Order").

   47 C.F.R. S: 20.19(d)(2).

   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");  Order on
   Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd
   11221 (2005) ("Hearing Aid Compatibility Reconsideration Order"). The
   Commission adopted these requirements for digital wireless telephones
   under the authority 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 16777 P: 56; 47 C.F.R.
   S: 20.19(b)(1), (2). The Hearing Aid Compatibility Order described the
   acoustic coupling and the inductive (telecoil) coupling modes as follows:

   In acoustic coupling mode, the microphone picks up surrounding sounds,
   desired and undesired, and converts them into electrical signals. The
   electrical signals are amplified as needed and then converted back into
   electrical signals. In telecoil mode, with the microphone turned off, the
   telecoil picks up the audio signal-based magnetic field generated by the
   voice coil of a dynamic speaker in hearing aid-compatible telephones,
   audio loop systems, or powered neck loops. The hearing aid converts the
   magnetic field into electrical signals, amplifies them as needed, and
   converts them back into sound via the speaker. Using a telecoil avoids the
   feedback that often results from putting a hearing aid up against a
   telephone earpiece, can help prevent exposure to over amplification, and
   eliminates background noise, providing improved access to the telephone.

   Id. at 16763 P: 22.

   Section 20.19(b)(1) provides that a wireless handset is deemed hearing
   aid-compatible for radio frequency interference if, at minimum, it
   receives a U3 rating as set forth in "American National Standard for
   Methods of Measurement of Compatibility between Wireless Communications
   Devices and Hearing Aids, ANSI C63.19-2001." 47 C.F.R. S: 20.19(b)(1).
   Section 20.19(b)(2) provides that a wireless handset is deemed hearing
   aid-compatible for inductive coupling if, at minimum, it receives a U3T
   rating as set forth in ANSI C63.19-2001. 47 C.F.R. S: 20.19(b)(2). 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 C63.19-2005. 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). On June 6, 2006, the Commission's Wireless
   Telecommunications Bureau and Office of Engineering and Technology
   announced that the Commission would also certify handsets as hearing
   aid-compatible based on the revised version of the standard, ANSI
   C63.19-2006. Thus, during the time period relevant here, applicants for
   certification could rely on either the 2001 version, the 2005 version, or
   the 2006 version of the ANSI C63.19 standard. See Wireless
   Telecommunications Bureau and Office of Engineering and Technology Clarify
   Use of Revised Wireless Phone Hearing Aid Compatibility Standard, Public
   Notice, 21 FCC Rcd 6384 (WTB/OET 2006). In addition, since the 2005
   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 Hearing
   Aid Compatibility Reconsideration Order, 20 FCC Rcd at 11238 P: 33.

   The term "air interface" refers to the technical protocol that ensures
   compatibility between mobile radio service equipment, such as handsets,
   and the service provider's base stations. Currently, the leading air
   interfaces include Code Division Multiple Access (CDMA), Global System for
   Mobile Communications (GSM), Integrated Digital Enhanced Network (iDEN),
   Time Division Multiple Access (TDMA) and Wideband Code Division Multiple
   Access (WCDMA) a/k/a Universal Mobile Telecommunications System (UMTS).

   See Hearing Aid Compatibility Order,  18 FCC Rcd at 16780; 47 C.F.R. S:S:
   20.19(c), (d). The de minimis exception  provides that manufacturers or
   mobile service providers that offer two or fewer digital wireless handset
   models per air interface are exempt from the hearing aid compatibility
   requirements and manufacturers or service providers that offer three
   digital wireless handset models per air interface must offer at least one
   compliant model. 47 C.F.R. S: 20.19(e).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780 P: 65; see also
   47 C.F.R. S: 20.19(c).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; see also 47
   C.F.R. S: 20.19(d). In addition, on February 28, 2008, the Commission
   released an order that, as modified on reconsideration, among other
   things: (a) modifies the requirement that manufacturers and service
   providers ensure that 50 percent of their digital wireless handset models
   per air interface meet the U3/M3 (radio frequency) standard and stays
   enforcement of that requirement until the new rules become effective, (b)
   increases the obligation on manufacturers and service providers to offer
   handset models that meet the U3T/T3 (inductive coupling) standard, (c)
   allows service providers other than Tier I carriers an additional three
   months to meet the new handset deployment benchmarks, (d) adopts a
   technology "refresh" requirement for manufacturers, (e) requires service
   providers to offer hearing aid-compatible handsets with different levels
   of functionality, (f) adopts an updated version of the technical standard
   for measuring hearing aid compatibility, and (g) requires manufacturers
   and service providers to submit annual reports on an open ended basis,
   beginning January 15, 2009. See Amendment of the Commission's Rules
   Governing Hearing Aid-Compatible Mobile Handsets, First Report and Order,
   23 FCC Rcd 3406, 3408-3411, 3418 (2008) ("Hearing Aid Compatibility First
   Report and Order"), Order on Reconsideration and Erratum, 23 FCC Rcd 7249
   (2008). The effective date of the new rules is June 6, 2008. See 73 Fed.
   Reg. 25,566 (May 7, 2008).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16785; see also 47
   C.F.R. S: 20.19(f).

   Hearing Aid Compatibility Order, 18 FCC Rcd 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 (Wireless Tel. Bur. 2004). The Commission will now require
   service providers to submit annual status reports beginning January 15,
   2009. See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at
   3410 P: 13. Manufacturers will report on January 15, 2009, and then
   annually beginning July 15, 2009. Id. at P:P: 13, 101.

   See Waiver Petition (September 15, 2006).

   See Amendment to Waiver Petition (January 12, 2007).

   Id. at 2.

   Id.

   Id.

   Id.

   Id. at 2 (referencing the model as the Motorola V3, but subsequently
   clarifying in its March 30, 2007 Waiver Amendment that the model was the
   Motorola V3i).

   See Amendment to Waiver Petition (March 30, 2007) ("March 2007 Waiver
   Amendment").

   Id. at 2 (stating that S/E informed SunCom that only the W710 units
   shipped after March 22, 2007 were inductive coupling-compliant). See also
   Letter from Lee Hill, General Counsel, Sony Ericsson Mobile Communications
   (USA) Inc. to Marlene Dortch, Secretary, Federal Communications Commission
   (July 11, 2007).

   See March 2007 Waiver Amendment at 2.

   Id. at 2-3 (only referencing the Puerto Rico, not the U.S. Virgin Islands,
   stores).

   Id. at 2, note 4.

   Notification of Substantial Compliance with Section 20.19(d)(2) and
   Request for Limited Waiver (June 1, 2007). Because Section 20.19(d)(2)
   requires that compatible handsets be available "in each retail store owned
   or operated by the provider ... for consumers to test," internet offerings
   do not count toward the hearing aid-compatible handset requirement.

   Id. at 2 (explaining that due to different branding, the graphics of
   SunCom's banner in the handsets distributed in the mainland differ from
   those distributed in Puerto Rico).

   Id.

   Id. at 3.

   Notification of Compliance with Section 20.19(d)(2) and Request for
   Limited Waiver Nunc Pro Tunc (June 11, 2007).

   Id. at 1-2. SunCom explained that, in response to a Commission staff
   inquiry, it contacted Motorola and learned that Motorola has issued the
   V3i model under two different FCC ID numbers, only one of which is
   T3-rated. SunCom stated that the version of the V3i model that it offered
   was not T3-rated. Id.

   Id. at 2.

   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) ("February
   2008 Inductive Coupling Compatibility Waiver Order").

   Id. at 3380 P: 67.

   Id.

   Id.

   Id.

   Id.

   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 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
   Statement").

   Forfeiture Policy Statement, 12 FCC Rcd at 17099.

   Id.

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16755.

   Id. at 16756 (noting that approximately one in ten Americans, 28 million,
   have some level of hearing loss, that the proportion increases with age,
   and that the number of those affected will likely grow as the median age
   increases). See also Report on the Status of Implementation of the
   Commission's Hearing Aid Compatibility Requirements, Report, 22 FCC Rcd
   17709, 17719 (2007) (noting, just four years later, that the number of
   individuals with hearing loss in the United States was "at an all time
   high of 31 million - with that number expected to reach approximately 40
   million at the end of this decade").

   See, e.g., Iowa Wireless Services, LLC d/b/a i Wireless, 23 FCC Rcd 4735
   P: 12 (Enf. Bur., Spectrum Enf. Div. 2008) ("i Wireless"); South Slope
   Cooperative Telephone Company d/b/a South Slope Wireless, Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 4706 P: 12 (Enf. Bur.,
   Spectrum Enf. Div. 2008); SLO Cellular, Inc. d/b/a Cellular One of San
   Luis Obispo, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 3990
   P: 15 (Enf. Bur., 2008); Epic Touch Company, Notice of Apparent Liability
   for Forfeiture, 23 FCC Rcd 2831, 2835 P:P: 10-11 (Enf. Bur., 2008)
   ("EpicTouch").

   The Enforcement Bureau has established a base forfeiture amount of $8,000
   for violation of the labeling requirements for wireless hearing
   aid-compatible handsets. See, e.g., South Central Utah Telephone
   Association, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd
   19251 P: 10 (Enf. Bur., Spectrum Enf. Div. 2007), response pending; Pine
   Telephone Company, Inc., Notice of Apparent Liability for Forfeiture, 22
   FCC Rcd 9205, 9210 (Enf. Bur., Spectrum Enf. Div. 2007), consent decree
   ordered, Order, 24 FCC Rcd 4495 (Enf. Bur. 2008).

   See supra note 50.

   See supra notes 13-28 and accompanying text.

   See supra notes 32-37 and accompanying text.

   As the Commission noted, SunCom provides wireless services to more than
   1.1 million subscribers, and its licenses cover nearly 15 million people
   in the continental United States and more than 4 million in Puerto Rico
   and the U.S. Virgin Islands. See T-Mobile/SunCom Transfer Order,  23 FCC
   Rcd at 2517 P: 5.

   See Forfeiture Policy Statement, 12 FCC Rcd at 17099 P:24 (recognizing
   that forfeitures against larger and more highly profitable communications
   entities must be set at higher levels "for the forfeiture to be an
   effective deterrent" and "not merely an affordable cost of doing
   business").

   See, e.g., i Wireless, 23 FCC Rcd at 4735 P: 13; EpicTouch, 23 FCC Rcd at
   2835-36 P: 12 (cautioning carriers that future enforcement actions may
   consider all failures to comply with the hearing aid compatibility rules,
   including the inductive coupling requirements, as continuing violations
   for purposes of calculating appropriate forfeiture amounts).

   February 2008 Inductive Coupling Compatibility Waiver Order, 23 FCC Rcd at
   3380 P: 67.

   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 notice of apparent liability for
   forfeiture. Section 503(b)(6) does not, however, bar us from considering
   SunCom's prior conduct in determining the appropriate forfeiture amount
   for violations that occurred within the one-year statutory period. See
   Behringer USA, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 21 FCC Rcd 1820, 1827 (2006), forfeiture ordered, 22 FCC Rcd 10451
   (2007) (forfeiture paid); Globcom, Inc. d/b/a Globcom Global
   Communications, Notice of Apparent Liability for Forfeiture, 18 FCC Rcd
   19893, 19903 (2003), forfeiture ordered, Forfeiture Order, 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 SunCom's apparent violations that
   have occurred within the past year.

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   Federal Communications Commission DA 08-1314

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   Federal Communications Commission DA 08-1314