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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                               
     In the Matter of                           File No. EB-07-SE-282       
                                            )                               
     South Canaan Cellular Communications       NAL/Acct. No. 200832100009  
                                            )                               
     Company, L.P.                              FRN # 0004285698            
                                            )                               


                  Notice of apparent Liability for forfeiture

   Adopted: January 2, 2008   Released:   January  3, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I.  introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that South Canaan Cellular Communications Company, L.P. ("South
       Canaan") 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
       September 18, 2006. For South Canaan's apparent violations, and for
       the reasons discussed below, we propose a forfeiture in the amount of
       fifteen thousand dollars ($15,000).

   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. 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.

    3. 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. In its November 16, 2006 report, South Canaan indicated that it had
       available for sale in each of its retail outlets four handset models
       that comply with the standard for radio frequency interference set
       forth in Section 20.19(b)(1) of the Rules. South Canaan did not
       address its compliance with the inductive coupling compatibility
       requirements in the report. Subsequently, the Wireless
       Telecommunications Bureau referred the matter to the Enforcement
       Bureau for investigation into whether South Canaan was in compliance
       with the inductive coupling compatibility requirements.

    5. On August 13, 2007, the Spectrum Enforcement Division ("Division") of
       the Enforcement Bureau issued a Letter of Inquiry ("LOI") to South
       Canaan. In its response, South Canaan asserted that it began offering
       for sale one inductive coupling-compliant handset, the Motorola V3c
       RAZR, on June 30, 2006. South Canaan further asserted that it began
       offering for sale two additional inductive coupling-compliant
       handsets, the Motorola K1m and the Motorola L7c, on January 4, 2007.
       According to South Canaan, an internal review prompted by the
       Division's LOI revealed South Canaan's misunderstanding that its
       handset compliance obligations were satisfied solely by a stock of a
       sufficient number of models with the appropriate "M" ratings. South
       Canaan maintained that while its stock did contain one inductive
       coupling-compliant phone model as of the September 18, 2006 deadline
       and was fully compliant as of January 4, 2007, South Canaan only
       recently understood that a separate requirement regarding the
       inductive coupling standard applied. South Canaan noted that its error
       was inadvertent and existed for a very short period of time. Finally,
       South Canaan stated that it believed that the public suffered no
       adverse effects as a result of this mistake.

   III. Discussion

    A. Failure to Comply with the Hearing Aid Compatibility Handset
       Requirements

    6. Section 20.19(d)(2) of the Rules requires digital wireless service
       providers to begin offering for sale at least two handsets models for
       each air interface that meet at least a T3 rating for inductive
       coupling by September 18, 2006. South Canaan began offering for sale
       one inductive coupling-compliant handset prior to the September 18,
       2006 deadline. South Canaan admits that it did not offer for sale a
       second inductive coupling-compliant handset until January 4, 2007.
       Accordingly, we conclude that South Canaan apparently willfully and
       repeatedly failed to comply with Section 20.19(d)(2) of the Rules.

   B. Proposed Forfeiture

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

    8. 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."

    9. 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.

   10. 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.

   11. We note that the Enforcement Bureau has established a base forfeiture
       amount of $8,000 for violation of the labeling requirements for
       wireless hearing aid-compatible handsets. We find 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. Therefore, we believe that
       a significantly higher base forfeiture amount is warranted for
       violations of the hearing aid compatibility handset requirements.
       Further, because providers were required to offer at least two handset
       models that meet at least a T3 rating for inductive coupling, we think
       that a proposed forfeiture for violation of these requirements should
       be applied on a per handset basis. We find that a base forfeiture
       amount of $15,000 per handset is appropriate for violation of the
       hearing aid compatibility handset requirements.

   12. South Canaan offered only one handset that met a T3 rating for
       inductive coupling by September 18, 2006. South Canaan did not come
       into compliance with the inductive coupling compatibility requirements
       by offering a second compliant handset until January 4, 2007.
       Moreover, South Canaan did not seek a waiver of the September 18, 2006
       deadline, nor did it make a showing of good faith, diligent efforts to
       come into compliance. Although South Canaan'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, we exercise our prosecutorial discretion in
       light of the relatively short duration of the violation and decline to
       assess a forfeiture on a continuing violation basis in this case. We
       also note that South Canaan is a Tier III carrier, i.e., a
       non-nationwide wireless radio service provider with 500,000 or fewer
       subscribers. Accordingly, South Canaan is apparently liable for a
       $15,000 forfeiture for failing to comply with the inductive coupling
       compatibility requirements in willful and repeated violation of
       Section 20.19(d)(2).

   13. South Canaan asserted that its error was based on its misunderstanding
       that its handset compliance obligations were satisfied solely by a
       stock of a sufficient number of models with the appropriate "M"
       ratings and therefore was inadvertent. As a Commission licensee,
       however, South Canaan is charged with the responsibility of knowing
       and complying with the Act and the Rules. The Commission has long held
       that mitigation of a forfeiture is not justified where violators claim
       their actions or omissions were due to inadvertent errors or
       unfamiliarity with the statutory or regulatory requirements.  South
       Canaan also asserted that it believed that the public suffered no
       adverse effects as a result of its mistake. It is well-established,
       however, that the absence of harm is not a mitigating factor and does
       not warrant a downward adjustment of a forfeiture. Accordingly, we
       find no basis for mitigation of the proposed $15,000 forfeiture.

   IV.  ORDERING clauses

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, South Canaan Cellular
       Communications Company, L.P. IS NOTIFIED of its APPARENT LIABILITY FOR
       A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for
       willful and repeated violation of Section 20.19(d)(2) of the Rules.

   15. 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 Canaan Cellular Communications
       Company, L.P. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   16. 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.

   17. 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.

   18. 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.

   19. 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.

   20. 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 Carolyn Copp, South Canaan Cellular
       Communications Company, L.P., P.O. Box 160, Route 296, South Canaan,
       PA 18459, and to its counsel, Sylvia Lessee, Esq., Communications
       Advisory Counsel, LLC, 2154 Wisconsin Avenue N.W., Washington, DC
       20007.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   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, applicants for certification may 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 Dispatch 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 P: 65; 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 P: 65; see also
   47 C.F.R. S: 20.19(d).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16785 P:P: 83, 85-86;
   see also 47 C.F.R. S: 20.19(f).

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16787 P: 89; 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).

   South Canaan Cellular Communications Company, L.P. Hearing Aid
   Compatibility Report, WT Docket No. 01-309, November 16, 2006 ("November
   16, 2006 Report"), at 1. Specifically, South Canaan indicated that it was
   offering the following four handset models: Motorola V3 Razr, Motorola
   w315, Motorola 323, and LG 5000. Id.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Carolyn Copp, South Canaan Cellular Communications
   Co., L.P. (August 13, 2007).

   Letter from Sylvia Lessee, Esq., Communications Advisory Counsel LLC, to
   Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau
   (August 28, 2007) ("LOI Response"), at 2. South Canaan stated that its
   November 16, 2006 Report erroneously listed the Motorola V3 RAZR, which is
   a GSM handset, rather than the Motorola V3c RAZR, which is compatible with
   South Canaan's CDMA technology. Id. at 1.

   Id. at 2.

   Id. at 1.

   Id.

   Id. at 2.

   Id.

   South Canaan stated that it began offering the Motorola V3c RAZR on June
   30, 2006. Motorola obtained an equipment certification for the Motorola
   V3c RAZR under FCC ID IHDT56FT1 on September 1, 2005. At that time, the
   V3c was certified as meeting an M3 rating for radio frequency
   interference. On August 31, 2006, Motorola was granted a Class II
   permissive change for the V3c which updated the hearing aid compatibility
   rating for the V3c to M4 for radio frequency interference and T4 for
   inductive coupling.

   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 P: 5 (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 P: 9 (2001);
   Southern California, 6 FCC Rcd at 4388 P: 5.

   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 P: 4 (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 P: 22.

   See id.

   Id. at 16755 P: 4.

   Id. at 16786 P: 5 (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 P: 20 (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., 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 P: 11
   (Enf. Bur., Spectrum Enf. Div. 2007), response pending; IT&E Overseas,
   Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 7660, 7665
   P: 10 (Enf. Bur., Spectrum Enf. Div. 2007), response pending.

   We caution South Canaan and other carriers that future enforcement actions
   may consider all failures to comply with our hearing aid compatibility
   rules, including the inductive coupling requirements, as continuing
   violations for purposes of calculating appropriate forfeiture amounts.

   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:
   22-24 (2002).

   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
   South Canaan'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 P: 20 (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 P: 23(2003), forfeiture ordered, Forfeiture Order, 21 FCC Rcd
   4710 (2006); Roadrunner Transportation, Inc., Forfeiture Order, 15 FCC Rcd
   9669, 9671-71 P: 8 (2000); Cate Communications Corp., Memorandum Opinion
   and Order, 60 RR 2d 1386, 1388 P: 7 (1986); Eastern Broadcasting Corp.,
   Memorandum Opinion and Order, 10 FCC 2d 37, 37-38 P: 3 (1967) recon.
   denied, 11 FCC 2d 193, 195 P: 6 (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 Canaan's apparent violations that have occurred within the past
   year.

   See Discussion Radio, Inc., Memorandum Opinion and Order and Notice of
   Apparent Liability, 19 FCC Rcd 7433, 7437 P: 12 (2004).

   See e.g., Emery Telephone, Notice of Apparent Liability for Forfeiture, 13
   FCC Rcd 23854, 23859 P: 12 (1998), recon. dismissed in part and denied in
   part, Memorandum Opinion and Order, 15 FCC Rcd 7181 (1999); Profit
   Enterprises, Inc., Forfeiture Order, 8 FCC Rcd 2846, 2846 P: 5 (1993);
   Southern California, 6 FCC Rcd at 4387 P: 3; Lakewood Broadcasting
   Service, Inc., Memorandum Opinion and Order, 37 FCC 2d 437, 438 P: 6
   (1972).

   See, e.g., Liberty Cable Co., Memorandum Opinion and Order, 16 FCC Rcd
   16105, 16113 P: 25 (2001); Pacific Western Broadcasters, Inc., Memorandum
   Opinion and Order, 50 FCC 2d 819 P: 4 (1975); Abocom Systems, Inc.,
   Memorandum Opinion and Order, 22 FCC Rcd 7448, 7451 P: 9 (Enf. Bur.,
   2007).

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

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   Federal Communications Commission DA 08-14