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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )   File No. EB-08-SE-111       
                                                                             
     Iowa Wireless Services, LLC dba i       )   NAL/Acct. No. 200832100024  
     wireless                                                                
                                             )   FRN # 0002576874            
                                                                             
                                             )                               


                  Notice of apparent Liability for forfeiture

   Adopted: March 21, 2008 Released: March 21, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Iowa Wireless Services, LLC dba i wireless ("i wireless"), a
       Global System for Mobile Communications ("GSM") carrier encompassing
       37 associated Personal Communications Services ("PCS") licensees
       providing service in Iowa and western Illinois, 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 i
       wireless's apparent violations, and for the reasons discussed below,
       we propose a forfeiture in the amount of twenty-two thousand five
       hundred dollars ($22,500).

   II. BACKGROUND

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

    3. The Commission required that manufacturers and service providers begin
       making commercially available at least two handset models per air
       interface that meet the U3 or M3 rating for radio frequency
       interference by September 16, 2005. The Commission also required that
       manufacturers and service providers make commercially available at
       least two handset models per air interface that meet the U3T or T3
       rating for inductive coupling by September 18, 2006. In connection
       with the offer of hearing aid-compatible handset models, the
       Commission further required entities to label the handsets with the
       appropriate technical rating, and to explain the technical rating
       system in the owner's manual or as part of the packaging material for
       the handset. In order to monitor the availability of these handsets,
       the Commission required manufacturers and digital wireless service
       providers to report every six months on efforts toward compliance with
       the hearing aid compatibility requirements for the first three years
       of implementation, and then annually thereafter through the fifth year
       of implementation.

    4. On September 20, 2006, i wireless filed a petition for waiver of
       Section 20.19(d)(2) of the Commission's Rules. In its waiver petition,
       i wireless noted that, as of the September 18, 2006 deadline, it had
       been unable to obtain U3T/T3 (inductive coupling) compliant phones
       from its handset vendors and requested a waiver of this requirement.
       In its November 15, 2006 status report, i wireless identified two
       handset models -- the Nokia 6061 and the Motorola V3i -- as
       hearing-aid compatible models that its licensees were offering.
       However, because the Nokia 6061 had not in fact been certified as
       hearing aid compatible for inductive coupling, i wireless had only one
       compliant handset model as of the filing of its November 15, 2006
       status report. In response to a Commission staff inquiry, i wireless
       submitted a supplement on June 28, 2007, stating that as of March 22,
       2007, it was offering two inductive coupling-compliant handset models,
       the Motorola RAZR V3 and Nokia 6126h, and that it was therefore in
       full compliance with Section 20.19(d)(2) of the Rules.

    5. 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 i wireless, 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. In its waiver petition, i wireless sought an open-ended
       waiver until compliant handsets became commercially available, citing
       its inability, as a Tier III carrier, to obtain compliant handsets
       from its vendors.

    6. The Commission found that i wireless did not meet the requirements to
       justify a waiver under the rules. Specifically, the Commission stated
       that i wireless failed to demonstrate the diligence, unique or unusual
       circumstances, or any other factor that would warrant a grant of the
       requested waiver pursuant to the Section 1.925(b)(3) standard. The
       Commission recognized that i wireless, as a group of Tier III carriers
       with potentially limited inductive coupling-compatible GSM handsets
       available to it in September 2006, may well have been unable
       reasonably to come into compliance by the September 18, 2006 deadline,
       or shortly thereafter. Nonetheless, the Commission stated that i
       wireless had failed to demonstrate its need for an extension for over
       six months to come into full compliance with the Commission's Rules,
       when it took most similarly situated carriers much less time. The
       Commission further noted that i wireless did not state why it listed
       the Nokia 6061 as hearing aid-compatible in its November 2006 status
       report and provided no explanation as to whether or why it believed
       this handset was hearing aid-compatible. Accordingly, the Commission
       denied the waiver petition of i wireless and referred its apparent
       violation to the Enforcement Bureau.

   III. DISCUSSION

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

    7. 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. i wireless admits that it did not
       offer for sale the required two models of inductive coupling-compliant
       handsets until March 22, 2007. Accordingly, we conclude that i
       wireless apparently willfully and repeatedly failed to comply with
       Section 20.19(d)(2) of the Rules.

   B. Proposed Forfeiture

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

    9. 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."

   10. 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.

   11. 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.

   12. 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 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.

   13. i wireless did not offer any handsets that met the T3 rating for
       inductive coupling by September 18, 2006. i wireless began offering
       one inductive coupling-compliant handset sometime between October 2006
       and November 15, 2006, and did not come into full compliance by
       offering a second inductive coupling-compliant handset until March 22,
       2007. Further, while i wireless sought a waiver of the September 18,
       2006 deadline, it did not make a showing of good faith, diligent
       efforts to come into compliance even by January 1, 2007, as other Tier
       III carriers did, and the Commission, therefore, denied the waiver
       request. Although i wireless'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
       limited period of time of the violation and decline to assess a
       forfeiture on a continuing violation basis in this case.

   14. As explained above, we have determined that a proposed forfeiture for
       violation of the hearing aid compatibility handset requirements should
       be applied on a per handset basis. Because i wireless began offering
       for sale the first inductive coupling-compliant handset model sometime
       between October 2006 and November 15, 2006, we note that the statute
       of limitations for proposing a forfeiture for the first handset model
       has expired. We also note that although i wireless is a Tier III
       carrier, i.e., a wireless radio service provider with 500,000 or fewer
       subscribers, it is not a typical Tier III carrier. i wireless is
       comprised of and has the financial support of 37 associated PCS
       licensees and is owned by subsidiaries of T-Mobile USA and Iowa
       Network Services. As such, we take into account i wireless's size and
       ability to pay a forfeiture in determining the appropriate forfeiture
       amount. As the Commission made clear in the Forfeiture Policy
       Statement, large or highly profitable communications entities could
       expect forfeitures significantly higher than those reflected in the
       base amounts. In view of i wireless's comparative size and ability to
       pay, we believe that an upward adjustment of the base forfeiture in
       the amount of $7,500 appropriate. Accordingly, we find i wireless
       apparently liable for a $22,500 forfeiture for failing to fully comply
       with the inductive coupling compatibility requirements in willful and
       repeated violation of Section 20.19(d)(2).

   IV. ORdeRING clauses

   15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Iowa Wireless Services, LLC dba i
       wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twenty-two thousand five hundred dollars ($22,500) for
       willful and repeated violation of Section 20.19(d)(2) of the Rules.

   16. 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, Iowa Wireless Services, LLC dba i wireless
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   17. 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. 

   18. 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.

   19. 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.

   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 Michael S. Haskins, Chief Operating
       Officer, Iowa Wireless Services, LLC dba i wireless, 4135 N.W.
       Urbandale Drive, Urbandale, Iowa 50322.

   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; 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.

   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.

   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; 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; see also 47
   C.F.R. S: 20.19(c).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; see also 47
   C.F.R. S: 20.19(d). In addition, on February 28, 2008, the Commission
   released an order that, 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; see also 47
   C.F.R. S: 20.19(f).

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16787; see also Wireless
   Telecommunications Bureau Announces Hearing Aid Compatibility Reporting
   Dates for Wireless Carriers and Handset Manufacturers, Public Notice, 19
   FCC Rcd 4097 (Wireless Tel. Bur. 2004). The Commission will now require
   service providers to submit annual status reports beginning January 15,
   2009. See Hearing Aid Compatibility First Report and Order, 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.

   Petition of Iowa Wireless Services, LLC dba i wireless and related
   licensees for Waiver of Section 20.19(d)(2) of the Commission's Rules, WT
   Docket No. 01-309, September 20, 2006 ("Waiver Petition").

   Id. at 2. i wireless stated that, based on information from its vendors,
   sometime in October is the earliest that it would be able to obtain one
   inductive coupling-compliant handset model. Id.

   Id. at 4.

   i wireless Status Report on Hearing Aid Compatible Wireless Devices, WT
   Docket No. 01-309, November 15, 2006.

   Supplement to Petition of Iowa Wireless Services, LLC dba i wireless and
   related licensees for Waiver of Section 20.19(d)(2) of the Commission's
   Rules, WT Docket 01-309, June 28, 2007 ("Waiver Petition Supplement").

   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").

   i wireless Waiver Petition at 4.

   See 47 C.F.R. S: 1.925(b)(3).

   February 2008 Inductive Coupling Compatibility Waiver Order at 44.

   Id.

   Id.

   Id.

   See i wireless Waiver Petition Supplement at 1.

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied,  7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern
   California, 6 FCC Rcd at 4388.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 (2002).

   47 U.S.C. S: 503(b)(2)(B). The Commission twice amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), to increase the maxima forfeiture
   amounts, in accordance with the inflation adjustment requirements
   contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. S:
   2461. See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order,  15 FCC Rcd
   18221 (2000) (adjusting the maximum statutory amounts from
   $100,000/$1,000,000 to $120,000/$1,200,000); Amendment of Section 1.80 of
   the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting the maximum statutory
   amounts from $120,000/$1,200,000 to $130,000/$1,325,000); see also 47
   C.F.R. S: 1.80(c).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines,  12 FCC Rcd
   17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
   Statement").

   Forfeiture Policy Statement, 12 FCC Rcd at 17099.

   See id.

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16755.

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

   See 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 (Enf. Bur., Spectrum Enf. Div. 2007), response pending;
   IT&E Overseas, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC
   Rcd 7660, 7665 (Enf. Bur., Spectrum Enf. Div. 2007), response pending.

   South Canaan, 23 FCC Rcd at 24.

   February 2008 Inductive Coupling Compatibility Waiver Order at P: 44.

   We caution i wireless 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 47 U.S.C. S: 503(b)(6); 47 C.F.R. S: 1.80(c)(3).

   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
   (2002).

   Specifically, the Commission stated:

   [O]n the other end of the spectrum of potential violations, we recognize
   that for large or highly profitable communication entities, the base
   forfeiture amounts ... are generally low. In this regard, we are mindful
   that, as Congress has stated, for a forfeiture to be an effective
   deterrent against these entities, the forfeiture must be issued at a high
   level .... For this reason, we caution all entities and individuals that,
   independent from the uniform base forfeiture amounts ..., we intend to
   take into account the subsequent violator's ability to pay in determining
   the amount of a forfeiture to guarantee that forfeitures issued against
   large or highly profitable entities are not considered merely an
   affordable cost of doing business. Such large or highly profitable
   entities should expect in this regard that the forfeiture amount set out
   in a Notice of Apparent Liability against them may in many cases be above,
   or even well above, the relevant base amount.

   Forfeiture Policy Statement, 12 FCC Rcd at 17099-100.

   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 i
   wireless's prior conduct in determining the appropriate forfeiture amount
   for violations that occurred within the one-year statutory period. See
   Behringer USA, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 21 FCC Rcd 1820, 1827 (2006), forfeiture ordered, 22 FCC Rcd 10451
   (2007) (forfeiture paid); Globcom, Inc. d/b/a Globcom Global
   Communications, Notice of Apparent Liability for Forfeiture, 18 FCC Rcd
   19893, 19903 (2003), forfeiture ordered, Forfeiture Order, 21 FCC Rcd 4710
   (2006); Roadrunner Transportation, Inc.,  Forfeiture Order, 15 FCC Rcd
   9669, 9671-71 (2000); Cate Communications Corp.,  Memorandum Opinion and
   Order, 60 RR 2d 1386, 1388 (1986); Eastern Broadcasting Corp.,  Memorandum
   Opinion and Order, 10 FCC 2d 37, 37-38 (1967) recon. denied, 11 FCC 2d
   193, 195 (1967). Accordingly, while we take into account the continuous
   nature of the violations in determining the appropriate forfeiture amount,
   our proposed forfeiture relates only to i wireless's apparent violations
   that have occurred within the past year.

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   Federal Communications Commission DA 08-610

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   Federal Communications Commission DA 08-610