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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                               
                                                                          
                                          )                               
                                              File Nos. EB-07-SE-141 and  
     In the Matter of                     )                               
                                              EB-07-SE-277                
     Pine Telephone Company, Inc. d/b/a   )                               
                                              NAL/Acct. No. 200732100033  
     Pine Cellular Phones, Inc.           )                               
                                              FRN No. 0001699776          
                                          )                               
                                                                          
                                          )                               



                                     ORDER

   Adopted: March 17, 2008 Released: March 19, 2008

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and Pine Telephone Company,
       Inc. d/b/a Pine Cellular Phones, Inc. ("Pine"). The Consent Decree
       terminates an investigation by the Bureau against Pine for possible
       violations of section 20.19(d)(2) of the Commission's Rules ("Rules")
       regarding the inductive coupling hearing aid compatibility
       requirements and an investigation and Notice of Apparent Liability for
       Forfeiture against Pine for possible violations of section 20.19(f) of
       the Rules regarding the hearing aid compatibility labeling
       requirements.

    2. The Bureau and Pine have negotiated the terms of the Consent Decree
       that resolve these matters. 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  investigations  and
       canceling the Notice of Apparent Liability for Forfeiture.

    4. In the absence of material new evidence relating to these matters, we
       conclude that our investigations raise no substantial or material
       questions of fact as to whether Pine 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 sections 4(i) and 503(b)
       of the Communications Act of 1934, as amended, and sections 0.111 and
       0.311 of the Rules, the Consent Decree attached to this Order IS
       ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigations ARE
       TERMINATED and the Notice of Apparent Liability for Forfeiture in File
       No. EB-07-SE-141 IS CANCELLED.

    7. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution
       to the United States Treasury, as specified in the Consent Decree, by
       mailing a check or similar instrument payable to the order of the
       Federal Communications Commission, 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).

    8. IT IS FURTHER ORDERED that Pine will file reports with the Commission
       ninety days after the Effective Date, twelve months after the
       Effective Date, and 24 months after the Effective Date. Each report
       shall include a compliance certificate from an officer, as an agent of
       Pine, stating that the officer has personal knowledge that Pine 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.

    9. 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 Michael Bennet, Esq. and Kenneth Johnson, Esq., Bennet &
       Bennet, PLLC, 4350 East West Highway, Suite 201, Bethesda, MD 20814
       and Jerry Whisenhunt, Pine Telephone Company, Inc. 210 N. Park, P.O.
       Box 548, Broken Now, OK 74728.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                        
     In the Matter of                   File Nos. EB-07-SE-141 and           
                                    )   EB-07-SE-277                         
     Pine Telephone Company, Inc.                                            
     d/b/a                          )   NAL/Acct. No. 200732100033           
                                                                             
     Pine Cellular Phones, Inc.     )   FRN No. 0001699776                   
                                                                             
                                    )                                        


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and Pine Telephone Company, Inc. d/b/a
   Pine Cellular Phones, Inc. ("Pine"), by their authorized representatives,
   hereby enter into this Consent Decree for the purpose of terminating the
   Bureau's investigations into whether Pine violated section 20.19(d)(2) of
   the Commission's Rules regarding inductive coupling hearing aid
   compatibility requirements and section 20.19(f) of the Commission's Rules
   regarding the hearing aid compatibility labeling 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. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

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

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

    e. "Investigations" mean the investigation initiated by the Bureau
       regarding whether Pine violated the hearing aid compatibility labeling
       requirements in section 20.19(f) of the Rules culminating in the
       Notice of Apparent Liability for Forfeiture, and the investigation
       commenced by the Bureau's August13, 2007 Letter of Inquiry regarding
       whether Pine violated the inductive coupling hearing aid compatibility
       requirements of section 20.19(d)(2) of the Rules.

    f. "Pine" means Pine Telephone Company, Inc. d/b/a/ Pine Cellular Phones,
       Inc. and its predecessors-in-interest and successors-in-interest.

    g. "NAL" means Pine Telephone Company, Inc. d/b/a Pine Cellular Phones,
       Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 9205
       (Enf. Bur., Spectrum Enf. Div. 2007).

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

    i. "Parties" means Pine and the Bureau.

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

   II. BACKGROUND

    2. Pursuant to section 20.19(f) of the Rules, wireless digital handsets
       that are hearing aid compatible must clearly display the technical
       rating on the packaging material of the handset and an explanation of
       the hearing aid compatibility technical rating system must be included
       in the owner's manual or as an insert in the packaging material for
       the handset. Pursuant to section 20.19(d)(2) of the Rules, carriers
       are required to offer at least two handset models for each air
       interface that meet the inductive coupling standards for hearing aid
       compatibility.

    3. On May 22, 2007, the Bureau issued a Notice of Apparent Liability for
       Forfeiture ("NAL") proposing that Pine be held liable for a forfeiture
       of $16,000 under section 503(b)(1)(B) of the Act, and ordered the
       Company either to pay the proposed forfeiture or file a written
       response within thirty (30) days of the NAL release date stating why
       the proposed forfeiture should be reduced or canceled.

    4. On August 13, 2007, the Bureau issued a letter of inquiry (LOI) to
       Pine. The August 13, 2007 LOI directed Pine, 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
       requirements. Pine responded to the August 13, 2007 LOI on August 24,
       2007.

   III. TERMS OF AGREEMENT

    5. 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.

    6. Jurisdiction. Pine 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.

    7. 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.

    8. Termination of Investigations. In express reliance on the covenants
       and representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       investigations and to cancel its NAL. In consideration for the
       termination of said investigations and cancellation of the NAL, Pine
       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 Pine 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 Pine with respect to Pine's basic
       qualifications, including its character qualifications, to be a
       Commission licensee or authorized common carrier.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein, Pine 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:

     * Compliance Officer. Pine has designated its Cellular Manager 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.

     * Training. The designated hearing aid compatibility compliance officer
       will be responsible for ensuring that all Pine retail staff receives
       training regarding the hearing aid compatibility capabilities of the
       handsets Pine 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.

     * Consumer Outreach. Pine 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.

     * Compliance Reports. Pine 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 Pine, stating that the officer has
       personal knowledge that Pine 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.

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

   10. 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 Pine 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 Pine with the Act, the Rules, or the
       Order.

   11. Voluntary Contribution. Pine agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of $33,000.
       The payment will be made within 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).

   12. Waivers. Pine 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 Order adopting this Consent Decree, provided the Bureau issues
       an Order adopting the Consent Decree without change, addition,
       modification, or deletion. Pine 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 Pine nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Pine shall
       waive any statutory right to a trial de novo. Pine 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.

   13. 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.

   14. 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 Pine does not expressly consent)
       that provision will be superseded by such Commission rule or Order.

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

   16. 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.

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

   18. 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.

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

   20. 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.


     _______________________________      
                                          
     Kris Anne Monteith                   
                                          
     Chief                                
                                          
     Enforcement Bureau                   
                                          
     ________________________________     
                                          
     Date                                 
                                          
     ________________________________     
                                          
     Roy Shiro                            
                                          
     Cellular Manager                     
                                          
     Pine Telephone Company, Inc. d/b/a   
                                          
     Pine Cellular Phones, Inc.           
                                          
     ________________________________     
                                          
     Date                                 


   47 C.F.R. S: 20.19(d)(2) and (f). See Pine Telephone Company, Inc. d/b/a
   Pine Cellular Phones, Inc., Notice of Apparent Liability for Forfeiture,
   22 FCC Rcd 9205 (Enf. Bur., Spectrum Enf. Div. 2007).

   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).

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

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division
   Enforcement Bureau to Jerry Whisenhunt, Pine Telephone Company (August 13,
   2007).

   See Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc., Notice
   of Apparent Liability for Forfeiture, 22 FCC Rcd 9205 (Enf. Bur., Spectrum
   Enf. Div. 2007).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division
   Enforcement Bureau to Jerry Whisenhunt, Pine Telephone Company (August 13,
   2007).

   See Letter from Michael Bennet, Esq. and Kenneth Johnson, Esq., Bennet &
   Bennet, PLLC to Kathryn S. Berthot, Chief, Spectrum Enforcement Division
   Enforcement Bureau (August 24, 2007).

   Federal Communications Commission DA 08-537

   2

   Federal Communications Commission DA 08-537

   Federal Communications Commission DA 08-537

   Federal Communications Commission DA 08-537