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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                           
                                                                          
     In the Matter of                         )   File No. EB-07-SE-276   
                                                                          
     NE Colorado Cellular, Inc., dba Viaero   )   Acct. No. 200832100056  
                                                                          
     Wireless                                 )   FRN No. 0015360456      
                                                                          
                                              )                           


                                     ORDER

   Adopted: July 11, 2008 Released: July 14, 2008

   By the Deputy Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and NE Colorado Cellular,
       Inc., dba Viaero Wireless ("Viaero"). The Consent Decree terminates an
       investigation by the Bureau against Viaero for possible violation of
       section 20.19(d)(2) of the Commission's Rules ("Rules") regarding
       inductive coupling hearing aid compatibility handset requirements.

    2. The Bureau and Viaero have negotiated the terms of the Consent Decree
       that resolve this matter. A copy of the Consent Decree is attached
       hereto and incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Viaero possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
       Communications Act of 1934, as amended, and sections 0.111 and 0.311
       of the Commission's Rules, the Consent Decree attached to this Order
       IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Mike Felicissimo, Executive Vice-President, NE Colorado
       Cellular, Inc., dba Viaero Wireless, 1220 West Platte Avenue, Fort
       Morgan, Colorado 80701, and to its counsel, Todd Slamowitz, Esq.,
       Lukas, Nace, Gutierrez & Sachs, Chartered, 1650 Tysons Boulevard,
       Suite 1500, McLean, Virginia 22102.

   FEDERAL COMMUNICATIONS COMMISSION

   Susan McNeil

   Deputy Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
     In the Matter of                            )   File No. EB-07-SE-276   
                                                                             
     NE Colorado Cellular, Inc., dba Viaero      )   Acct. No. 200832100056  
     Wireless                                                                
                                                 )   FRN No. 0015360456      
                                                                             
                                                 )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and NE Colorado Cellular, Inc., dba
   Viaero Wireless ("Viaero"), by their authorized representatives, hereby
   enter into this Consent Decree for the purpose of terminating the Bureau's
   investigation into whether Viaero violated section 20.19(d)(2) of the
   Commission's Rules ("Rules") regarding inductive coupling hearing aid
   compatibility handset requirements.

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 8.

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    g. "Investigation" means the investigation commenced by the Bureau's
       August 13, 2007 Letter of Inquiry regarding whether Viaero violated
       the inductive coupling hearing aid compatibility requirements of
       section 20.19(d)(2) of the Rules.

    h. "Parties" means Viaero and the Bureau.

    i. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    j. "Viaero" means NE Colorado Cellular, Inc., dba Viaero Wireless, and
       its predecessors-in-interest and successors-in-interest.

   II. BACKGROUND

    2. Pursuant to section 20.19(d)(2) of the Rules, beginning September 18,
       2006, carriers are required to offer at least two handset models for
       each air interface that meet the inductive coupling standards for
       hearing aid compatibility.

    3. On August 13, 2007, the Bureau issued a letter of inquiry (LOI) to
       Viaero. The August 13, 2007 LOI directed Viaero, among other things,
       to submit a sworn written response to a series of questions relating
       to its compliance with the inductive coupling hearing aid
       compatibility handset requirements. Viaero responded to the August 13,
       2007 LOI on August 27, 2007.

   III. TERMS OF AGREEMENT

    4. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    5. Jurisdiction. Viaero agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and has the authority
       to enter into and adopt this Consent Decree.

    6. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the Bureau releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    7. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       investigation. In consideration for the termination of said
       investigation, Viaero agrees to the terms, conditions, and procedures
       contained herein. The Bureau further agrees that in the absence of new
       material evidence, the Bureau will not use the facts developed in this
       investigation through the Effective Date of the Consent Decree, or the
       existence of this Consent Decree, to institute, on its own motion, any
       new proceeding, formal or informal, or take any action on its own
       motion against Viaero concerning the matters that were the subject of
       the investigation. The Bureau also agrees that it will not use the
       facts developed in this investigation through the Effective Date of
       this Consent Decree, or the existence of this Consent Decree, to
       institute on its own motion any proceeding, formal or informal, or
       take any action on its own motion against Viaero with respect to
       Viaero's basic qualifications, including its character qualifications,
       to be a Commission licensee or authorized common carrier.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, Viaero agrees to maintain a Compliance Plan related to future
       compliance with the Act, the Commission's Rules, and the Commission's
       Orders. The Plan will include, at a minimum, the following components:

     a. Compliance Officer. Viaero has designated Mike Felicissimo as its
        hearing aid compatibility compliance officer. The designated hearing
        aid compatibility compliance officer will be familiar with the FCC's
        hearing aid compatibility regulations and associated selling and
        labeling benchmarks. The designated hearing aid compatibility
        compliance officer will also review the FCC's hearing aid
        compatibility regulations on a monthly basis in order to stay abreast
        of pending benchmarks and any new hearing aid compatibility
        requirements.

     b. Training. The designated hearing aid compatibility compliance officer
        will be responsible for ensuring that all Viaero retail staff
        receives training regarding the hearing aid compatibility
        capabilities of the handsets Viaero offers for sale. Such training
        will be completed within ninety days of the Effective Date and any
        new employees will receive training within sixty  days of their
        employment.

     c. Consumer Outreach. Viaero will advertise the availability of hearing
        aid-compatible handsets to ensure that all of its retail customers
        are aware that hearing aid-compatible handsets are available.

     d. Compliance Reports. Viaero will file compliance reports with the
        Commission ninety (90) days after the Effective Date, twelve (12)
        months after the Effective Date, and twenty-four (24) months after
        the Effective Date. Each report shall include a compliance
        certificate from an officer, as an agent of Viaero, stating that the
        officer has personal knowledge that Viaero has established operating
        procedures intended to ensure compliance with this Consent Decree,
        together with an accompanying statement explaining the basis for the
        officer's compliance certification. All reports shall be submitted to
        Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
        Bureau, Federal Communications Commission, 445 12th Street, S.W.,
        Washington, D.C. 20554. All reports shall also be submitted
        electronically to Susan Stickley at Susan.Stickley@fcc.gov and to
        Ricardo Durham at Ricardo.Durham@fcc.gov.

     e. Termination Date. Unless stated otherwise, the requirements of this
        Consent Decree will expire twenty-four (24) months from the Effective
        Date.

    9. Section 208 Complaints; Subsequent Investigations. Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to section 208 of the Act
       against Viaero or its affiliates for alleged violations of the Act, or
       for any other type of alleged misconduct, regardless of when such
       misconduct took place. The Commission's adjudication of any such
       complaint will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by Viaero with the Act, the Rules, or the
       Order.

   10. Voluntary Contribution. Viaero agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of twelve
       thousand dollars ($12,000). The payment will be made within thirty
       (30) days after the Effective Date of the Adopting Order. The payment
       must be made by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       NAL/Account Number and FRN Number referenced in the caption to the
       Adopting Order. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted. When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Viaero will also send
       electronic notification on the date said payment is made to
       Susan.Stickley@fcc.gov and Ricardo.Durham@fcc.gov.

   11. Waivers. Viaero waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal or stay, or
       to otherwise challenge or contest the validity of this Consent Decree
       and the Adopting Order, provided the Bureau Adopting Order adopts the
       Consent Decree without change, addition, modification, or deletion.
       Viaero shall retain the right to challenge Commission interpretation
       of the Consent Decree or any terms contained herein. If either Party
       (or the United States on behalf of the Commission) brings a judicial
       action to enforce the terms of the Adopting Order, neither Viaero nor
       the Commission shall contest the validity of the Consent Decree or the
       Adopting Order, and Viaero shall waive any statutory right to a trial
       de novo. Viaero hereby agrees to waive any claims it may otherwise
       have under the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47
       C.F.R. S: 1.1501 et seq., relating to the matters addressed in this
       Consent Decree.

   12. Severability. The Parties agree that if any of the provisions of the
       Adopting Order or the Consent Decree shall be invalid or
       unenforceable, such invalidity or unenforceability shall not
       invalidate or render unenforceable the entire Adopting Order or
       Consent Decree, but rather the entire Adopting Order or Consent Decree
       shall be construed as if not containing the particular invalid or
       unenforceable provision or provisions, and the rights and obligations
       of the Parties shall be construed and enforced accordingly. In the
       event that this Consent Decree in its entirety is rendered invalid by
       any court of competent jurisdiction, it shall become null and void and
       may not be used in any manner in any legal proceeding.

   13. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or Order adopted
       by the Commission (except an Order specifically intended to revise the
       terms of this Consent Decree to which Viaero does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order.

   14. Successors and Assigns. Viaero agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   15. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Commission's Rules and Orders.

   16. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   17. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   18. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   19. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


         _______________________________                  
                                                          
         Susan McNeil                                     
                                                          
         Deputy Chief                                     
                                                          
         Enforcement Bureau                               
                                                          
         ________________________________                 
                                                          
         Date                                             
                                                          
         ________________________________                 
                                                          
         Mike Felicissimo                                 
                                                          
         Executive Vice-President                         
                                                          
         NE Colorado Cellular, Inc. dba Viaero Wireless   
                                                          
         ________________________________                 
                                                          
         Date                                             


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

       47 U.S.C. S: 154(i), 503(b).

       47 C.F.R. S:S: 0.111, 0.311.

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

       Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
       Enforcement Bureau, to Mike Felicissimo, NE Colorado Cellular, Inc.,
       dba Viaero Wireless (August 13, 2007)("August 13, 2007 LOI").

       Id.

       See Letter from Thomas Gutierrez, Esq. and Todd Slamowitz, Esq.,
       Lukas, Nace, Gutierrez & Sachs, Chartered, to Kathryn S. Berthot,
       Chief, Spectrum Enforcement Division, Enforcement Bureau (August 27,
       2007).

       Federal Communications Commission DA 08-1625

       2

       Federal Communications Commission DA 08-1625