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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                            File No. EB-07-SE-407       
                                             )                               
     SLO Cellular, Inc. d/b/a Cellular One       NAL/Acct. No. 200832100021  
     of San Luis Obispo                      )                               
                                                 FRN # 0001650324            
                                             )                               


                  Notice of apparent Liability for forfeiture

   Adopted: March 12, 2008 Released: March 13, 2008

   By the Deputy Chief, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that SLO Cellular, Inc. d/b/a Cellular One of San Luis Obispo ("SLO
       Cellular") apparently willfully and repeatedly violated Sections
       20.19(c)(2)(i)(B)(1) and 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 radio frequency
       interference and inductive coupling standards for hearing aid
       compatibility by the applicable deadline. For SLO Cellular's apparent
       violations, and for the reasons discussed below, we propose a
       forfeiture in the amount of forty-five thousand dollars ($45,000).

   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 the 2005 Hearing Aid Compatibility Reconsideration Order, the
       Commission modified the hearing aid compatibility requirements
       applicable to wireless carriers that operate TDMA networks and plan to
       overbuild them to employ alternative air interfaces. Specifically, the
       Commission determined that these carriers would be considered
       compliant with the September 16, 2005 handset deployment benchmark for
       acoustic coupling compatibility if they: (1) offer two hearing
       aid-compatible handset models to customers that receive service from
       the overbuilt (i.e., non-TDMA) portion of the network, (2) overbuild
       their entire network, and (3) complete the overbuild by September 18,
       2006. In granting this limited relief to overbuilding TDMA carriers,
       the Commission recognized that the wireless industry was generally
       migrating away from the TDMA air interface and that small carriers
       using TDMA networks were unlikely to have the influence necessary to
       ensure the availability of TDMA-compatible, acoustic coupling
       handsets. The Commission also acknowledged that "a technology
       overbuild represents a considerable undertaking and requires a
       significant investment," and that the limited relief afforded TDMA
       carriers would allow them to focus their limited resources primarily
       on upgrading their networks, and avoid unintended network shut-downs.

    5. On September 16, 2005, SLO Cellular and Entertainment Unlimited
       ("EU"), both of which operated TDMA networks, filed a joint petition
       for temporary waiver or stay requesting an extension of the September
       16, 2005 compliance deadline for acoustic coupling compatibility,
       citing the unavailability of U3-rated handsets for the TDMA air
       interface. The Commission dismissed this joint petition as
       unnecessary, finding that both carriers planned to replace their
       existing TDMA facilities with GSM facilities and therefore were
       eligible for the relief provided to overbuilding TDMA carriers in the
       Hearing Aid Compatibility Reconsideration Order.

    6. On September 14, 2006, SLO Cellular and EU filed a joint petition for
       temporary waiver or temporary stay seeking a one-year extension of the
       September 18, 2006 compliance deadline for inductive coupling
       compatibility, citing the unavailability of T3-rated handsets for the
       TDMA air interface. On November 17, 2006, SLO Cellular filed another
       petition for temporary waiver or temporary stay. In this petition, SLO
       Cellular indicated that it placed its GSM overbuild into commercial
       service on or around October 16, 2006, but admitted that only one of
       the digital wireless handsets that it currently offered to the public,
       the Motorola RAZR V3, was U3-rated for radio frequency interference
       and none of its handsets were T3-rated for inductive coupling. SLO
       Cellular indicated that it had ordered two handsets, the Motorola RAZR
       V3i and the LG C2000, both of which were approved for both acoustic
       coupling and inductive coupling compatibility, and that it expected
       these handsets to arrive by the end of November 2006. SLO explained
       that its failure to provide compliant handsets as of October 16, 2006,
       was the result of an "oversight" on its part, and requested an
       extension of the compliance deadlines for both acoustic coupling
       compatibility and inductive coupling compatibility until January 31,
       2007. In a supplemental compliance status report filed June 6, 2007,
       SLO Cellular stated that it had come into compliance on its GSM
       network by offering for sale at least two handsets that were approved
       for both acoustic coupling and inductive coupling compatibility as of
       December 1, 2006.

    7. 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, including SLO Cellular, five Tier II carriers, one Mobile
       Virtual Network Operator, and one handset manufacturer for relief from
       the hearing aid compatibility requirements for wireless digital
       telephones. The Commission concluded that SLO Cellular failed to
       demonstrate unique or unusual circumstances, or the existence of any
       other factor, warranting grant of the requested waivers. The
       Commission found that with respect to its TDMA network, SLO Cellular
       based its waiver request primarily on the lack of hearing
       aid-compatible handsets that operate on TDMA networks. In the Hearing
       Aid Compatibility Reconsideration Order, however, the Commission
       determined that TDMA carriers seeking relief from the acoustic
       coupling compatibility requirements must complete their overbuilds by
       September 18, 2006, and would not be granted relief from hearing aid
       compatibility obligations beyond that date. The Commission noted that
       SLO Cellular provided no details in its waiver petition as to why it
       could not complete its overbuild by that deadline. Consistent with the
       reasoning behind the Hearing Aid Compatibility Reconsideration Order,
       the Commission therefore denied SLO Cellular relief from the inductive
       coupling compatibility obligations with respect to its TDMA network.
       Moreover, with respect to its GSM overbuild network, the Commission
       observed that SLO Cellular offered no explanation for its delay in
       offering compatible handset models other than "oversight." According
       to the Commission, "[u]nlike those carriers who made diligent efforts
       to obtain inductive coupling-compatible handsets but were unable
       timely to procure supplies, SLO [Cellular]'s inattention does not
       constitute extraordinary circumstances to support a waiver." The
       Commission therefore denied SLO Cellular's waiver petitions and
       referred its apparent violations of Sections 20.19(c)(2)(i)(B)(1) and
       20.19(d)(2) of the rules to the Enforcement Bureau.

   III. Discussion

    A. Failure to Comply with the Hearing Aid Compatibility Requirements on
       its GSM Network

    8. Section 20.19(c)(2)(i)(B)(1) of the Rules requires digital wireless
       service providers that are overbuilding a TDMA network to begin
       offering for sale to customers that receive service from the overbuilt
       (i.e., non-TDMA) portion of their network at least two handset models
       with reduced emission levels that meet at least a U3 rating for radio
       frequency interference by September 16, 2005. SLO Cellular made its
       overbuilt GSM network commercially available on October 16, 2006. As
       noted above, SLO Cellular admitted that it offered only one handset
       that was U3-rated for radio frequency interference at the time that it
       made its GSM network commercially available. SLO Cellular did not
       offer a second handset model that met a U3 rating until December 1,
       2006, approximately one and a half months later. Accordingly, we
       conclude that SLO Cellular apparently willfully and repeatedly failed
       to comply with Section 20.19(c)(2)(i)(B)(1) of the Rules.

    9. 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. SLO Cellular made its overbuilt GSM
       network commercially available on October 16, 2006. By its own
       admission, however, SLO Cellular did not offer any handset models that
       met a T3 rating until December 1, 2006, approximately one and a half
       months later. Accordingly, we conclude that SLO Cellular apparently
       willfully and repeatedly failed to comply with Section 20.19(d)(2) of
       the Rules.

   B. Proposed Forfeiture

   10. 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 SLO Cellular is apparently liable for
       forfeiture for its apparent willful and repeated violations of
       Sections 20.19(c)(2)(i)(B)(1) and 20.19(d)(2) of the Rules.

   11. 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."

   12. 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.

   13. 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.

   14. We note that in a recent decision, a base forfeiture amount of $15,000
       per handset was established for violations of the hearing aid
       compatibility handset requirements. This base forfeiture amount was
       based on a determination that a significantly higher base forfeiture
       amount is warranted for violations of the hearing aid compatibility
       handset requirements than for violations of the labeling requirements
       for wireless hearing aid-compatible handsets. In reaching this
       determination, 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. Further, because providers were required to offer at
       least two handset models per air interface that meet a U3 rating for
       radio frequency interference and at least two handset models that meet
       at least a T3 rating for inductive coupling, we determined that a
       proposed forfeiture for violation of these requirements should be
       applied on a per handset basis. Accordingly, we impose a base
       forfeiture amount of $15,000 per handset for violation of the hearing
       aid compatibility handset requirements.

   15. SLO Cellular offered only one handset that met a U3 rating for radio
       frequency interference and did not offer any handset models that met a
       T3 rating at the time that it made its overbuilt GSM network
       commercially available on October 16, 2006. SLO Cellular did not come
       into compliance with the acoustic coupling and inductive coupling
       compatibility requirements until December 1, 2006, almost one and a
       half months later. Moreover, while SLO Cellular sought a waiver of the
       deadlines, it not make a showing of good faith, diligent efforts to
       come into compliance, as other Tier III carriers did, and the
       commission, therefore, denied the waiver request. Although SLO
       Cellular's failure to offer at least two models that meet the FCC's
       radio frequency interference standards for hearing aid compatibility
       and two models that meet the inductive coupling standards for hearing
       aid compatibility are continuing violations for purposes of
       determining an appropriate forfeiture, we exercise our prosecutorial
       discretion in light of the relatively short duration of the violations
       and decline to assess a forfeiture on a continuing violation basis in
       this case. We also note that SLO Cellular is a Tier III carrier, i.e.,
       a non-nationwide wireless radio service provider with 500,000 or fewer
       subscribers. Accordingly, SLO Cellular is apparently liable for a
       $15,000 forfeiture (one handset model * $15,000) for failing to comply
       with the acoustic coupling compatibility requirements in willful and
       repeated violation of Section 20.19(c)(2)(i)(B)(1) of the Rules, and a
       $30,000 forfeiture (two handset models * $15,000) for failing to
       comply with the inductive coupling compatibility requirements in
       willful and repeated violation of Section 20.19(d)(2), for an
       aggregate proposed forfeiture of $45,000.

   C. Failure to Comply with the Hearing Aid Compatibility Requirements on
   its TDMA Network

   16. Under Section 20.19(c)(2)(i)(B) of the Rules, digital wireless
       providers carriers are considered compliant with the September 16,
       2005 handset deployment benchmark for acoustic coupling compatibility
       if they: (1) offer two hearing aid-compatible handset models to
       customers that receive service from the overbuilt (i.e., non-TDMA)
       portion of the network, (2) overbuild their entire network, and (3)
       complete the overbuild by September 18, 2006. SLO Cellular did not
       complete its overbuild of its TDMA network until October 16, 2006. The
       Commission accordingly found in the February 2008 Inductive Coupling
       Compatibility Waiver Order that the acoustic coupling compatibility
       requirement applied to SLO Cellular's TDMA network as of September 18,
       2006. In addition, under Section 20.19(d)(2) of the Rules, digital
       wireless service providers must 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. In the February 2008
       Inductive Coupling Compatibility Waiver Order, the Commission denied
       SLO Cellular relief from the inductive coupling compatibility
       obligations with respect to its TDMA network, noting that it failed to
       provide any details as to why it as could not complete its overbuild
       by September 18, 2006. We therefore conclude that SLO Cellular
       apparently violated Sections 20.19(c)(2)(i)(B) and 20.19(d)(2) of the
       Rules by failing to comply with the acoustic coupling and inductive
       coupling compatibility requirements on its TDMA network by September
       18, 2006. We note, however, that the statute of limitations for
       proposing a forfeiture for these violations is one year from the date
       of violation. Accordingly, based upon our review of the facts and
       circumstances in this case, and because we are barred by the one-year
       statute of limitations from proposing a forfeiture for these
       violations, we admonish SLO Cellular for these violations.

   IV. ORDERING clauses

   17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, SLO Cellular, Inc. d/b/a Cellular
       One of San Luis Obispo IS NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of forty-five thousand dollars ($45,000) for
       willful and repeated violations of Sections 20.19(c)(2)(i)(B)(1) and
       20.19(d)(2) of the Rules.

   18. 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, SLO Cellular, Inc. d/b/a Cellular One of San
       Luis Obispo SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   19. IT IS FURTHER ORDERED that SLO Cellular, Inc. d/b/a Cellular One of
       San Luis Obispo IS ADMONISHED for failing to comply with the acoustic
       coupling and inductive coupling compatibility requirements on its TDMA
       network by September 18, 2006 in violation of Sections
       20.19(c)(2)(i)(B) and 20.19(d)(2) of the Rules.

   20. 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.

   21. 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.

   22. 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.

   23. 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 SLO Cellular, Inc. d/b/a Cellular One of
       San Luis Obispo, 733 Marsh Street, Suite B, San Luis Obispo,
       California 93401, and to Robert M. Jackson, Esquire, Counsel for SLO
       Cellular, Inc. d/b/a Cellular One of San Luis Obispo, Blooston,
       Mordkofsky, Dickens, Duffy & Prendergast, LLP, 2120 L Street, N.W.,
       Suite 300 Washington, D.C. 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   Susan McNeil

   Deputy Chief, Enforcement Bureau

   47 C.F.R. S: 20.19(c)(2)(i)(B)(1).

   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). In addition, on February 28, 2008, the Commission
   released an order that, among other things: (a) modifies the requirement,
   presently stayed until April 18, 2008, 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, (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,
   FCC 08-68 at P:P: 6-13, 34 (released February 28, 2008) ("Hearing Aid
   Compatibility First Report and Order").

   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 (WTB 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, FCC 08-68 at
   P: 13. Manufacturers will report on January 15, 2009, and then annually
   beginning July 15, 2009. Id. at P:P:13, 101.

   See Hearing Aid Compatibility Reconsideration Order, 20 FCC Rcd at
   11242-43 P:P: 48-50.

   See id. at 11243 P: 48; see also 47 C.F.R. 20.19(c)(1)(i)(B)(1).

   See Hearing Aid Compatibility Reconsideration Order, 20 FCC Rcd at 11243
   P: 49.

   See id.

   See SLO Cellular and Entertainment Unlimited Petition for Temporary Waiver
   or Stay, September 16, 2005. On September 14, 2006, SLO Cellular and EU
   filed another petition for temporary waiver or stay, seeking an additional
   one-year extension of the September 16, 2005 compliance deadline for
   acoustic coupling compatibility. See SLO Cellular and Entertainment
   Unlimited Petition for Temporary Waiver or Stay of Acoustic-Coupling
   Handset Requirements, September 14, 2006.

   Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
   Telephones, Petitions for Waiver of Section 20.19 of the Commission's
   Rules, Memorandum Opinion and Order, 22 FCC Rcd 7171, 7196 P: 60 (2007)
   ("Acoustic Coupling Compatibility Waiver Order").

   See SLO Cellular and EU Petition for Temporary Waiver or Stay of
   Inductive-Coupling Handset Requirements, September 14, 2006.

   See SLO Cellular Petition for Temporary Waiver or Temporary Stay, November
   17, 2006. SLO Cellular requested that its petition be accepted for filing
   nunc pro tunc as of October 16, 2006.

   See id. at 2. See also SLO Cellular, Sixth Semi-Annual Report, November
   17, 2006, at 2.

   See SLO Cellular Petition for Temporary Waiver or Temporary Stay, November
   17, 2006, at 2.

   See id. at 1, 5.

   See SLO Cellular Supplement to Petition for Temporary Waiver or Temporary
   Stay, June 6, 2007, at 2.

   See 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, FCC 08-67 (released
   February 27, 2008) ("February 2008 Inductive Coupling Compatibility Waiver
   Order").

   See id. at P: 34.

   See id.

   See id. at P: 34; see also Hearing Aid Compatibility Reconsideration
   Order, 20 FCC Rcd at 11243 P: 50.

   See February 2008 Inductive Coupling Compatibility Waiver Order at P: 34.

   Although SLO Cellular did not address the matter in its pleadings, the
   Commission also noted that under Section 20.19(c)(2)(i)(B) of the rules,
   SLO Cellular was entitled to relief from the acoustic
   coupling-compatibility requirement on its TDMA network only on the
   condition that it complete its overbuild by September 18, 2006.
   Previously, the Commission had dismissed SLO Cellular's request for waiver
   of the acoustic coupling-compatibility requirement on the ground that it
   qualified for the relief afforded in the Hearing Aid Compatibility
   Reconsideration Order. This dismissal, however, was predicated on the
   assumption that SLO Cellular would comply with the conditions that the
   Commission established for relief. Therefore, because it missed the
   overbuild deadline, the acoustic coupling-compatibility requirement
   applied to SLO Cellular's TDMA network as of September 18, 2006. Noting
   that it was not aware that any compatible TDMA handsets are available on
   the market, the Commission questioned SLO Cellular's compliance with this
   requirement and directed the Enforcement Bureau to investigate this
   possible violation as well. See id. at n. 133.

   See id. at P: 34.

   Id.

   Id.

   On November 30, 2007, SLO Cellular and the Enforcement Bureau executed a
   Tolling Agreement tolling the one-year statute of limitations set forth in
   Section 503(b)(6) of the Act until Mach 15, 2008 in order to permit
   settlement discussions. Tolling Agreement, File No. EB-07-SE-407, executed
   by and between Kathryn Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, and Bruce G.
   Patterson, Executive Vice President, SLO Cellular, Inc. d/b/a Cellular One
   of San Luis Obispo (November 30, 2007). SLO Cellular subsequently declined
   to extend the Tolling Agreement.

   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, Report and
   Order,  12 FCC Rcd 17087, 17115 (1997), recon. denied, 15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement").

   Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22.

   See id.

   Hearing Aid Compatibility Order, 18 FCC Rcd  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 South Canaan Cellular Communications Company, L.P.,  Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 20, 24-25 (Enf. Bur.,
   Spectrum Enf. Div. 2008) ("South Canaan").

   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 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.

   South Canaan, 23 FCC Rcd at 24.

   See SLO Cellular Petition for Temporary Waiver or Temporary Stay, November
   17, 2006.

   February 2008 Inductive Coupling Compatibility Waiver Order at P: 34. See
   also supra P: 7.

   We caution SLO Cellular 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
   SLO Cellular'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, 1828 (2006) (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
   SLO Cellular's apparent violations that have occurred within the past
   year.

   See February 2008 Inductive Coupling Compatibility Waiver Order at n. 133.

   See id. at P: 34.

   See 47 U.S.C. S: 503(b)(6); 47 C.F.R. S: 1.80(c)(3).

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   Federal Communications Commission DA 08-555