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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-SE-004
In the Matter of
) Acct. No. 200932100055
Panhandle Telecommunication Systems, Inc.
) FRN No. 0001704246
)
ORDER
Adopted: May 11, 2009 Released: May 13, 2009
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Panhandle
Telecommunication Systems, Inc.
("PTSI"). The Consent Decree terminates an investigation by the Bureau
against PTSI for possible violation of former Section 20.19(d)(2) of
the Commission's Rules ("Rules") regarding the inductive coupling
standards for hearing aid compatibility.
2. The Bureau and PTSI have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree, which terminates the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether PTSI possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, and sections 0.111 and 0.311
of the Rules, the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Ron Strecker, Chief Executive Officer, Panhandle
Telecommunication Systems, Inc., 2224 N Highway 64, Guymon, Oklahoma
73942 and to its counsel, Kenneth C. Johnson, Bennet & Bennet, PLLC,
4350 East West Highway, Bethesda, Maryland 20814.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-SE-004
In the Matter of
) Acct. No. 200932100055
Panhandle Telecommunication Systems, Inc.
) FRN No. 0001704246
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Panhandle Telecommunication Systems,
Inc.
("PTSI"), by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigation
into whether PTSI violated former Section 20.19(d)(2) of the Commission's
Rules regarding the inductive coupling hearing aid compatibility
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:S:
151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 9.
f. "Effective Date" means the date the Bureau releases the Adopting
Order.
g. "Investigation" means any investigation initiated by the Bureau
regarding whether PTSI violated the inductive coupling hearing aid
compatibility requirements of former Section 20.19(d)(2) of the Rules.
h. "Parties" means PTSI and the Bureau.
i. "PTSI" means Panhandle Telecommunication Systems, Inc., and its
predecessors-in-interest and successors-in-interest.
j. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Pursuant to former Section 20.19(d)(2) of the Rules, carriers were
required to offer at least two handset models for each air interface
that meet the inductive coupling standards for hearing aid
compatibility (i.e., achieve a rating of T3 or better) by September
18, 2006.
3. On September 14, 2006, PTSI filed a Petition for Temporary and Limited
Waiver of the requirements in Section 20.19(d)(2) of the Commission's
Rules. The PTSI Petition requested additional time to obtain the
required handsets until January 1, 2007.
4. On June 1, 2007, PTSI notified the Commission that as of January 29,
2007, it had been offering for sale two handset models rated T3 or
better (the Motorola L7c and the Motorola K1m). On September 20, 2007,
PTSI filed an Amendment to its Petition requesting extended relief
from the deadline until January 29, 2007. On February 27, 2008, the
Commission issued a Memorandum Opinion and Order that, inter alia,
denied PTSI's Petition as amended and referred PTSI's apparent
violation to the Bureau. On June 9, 2008, PTSI notified the Commission
that it discovered that it had offered for sale one additional
compatible model, the T3-rated version of the Motorola V3c, since
October 23, 2006.
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. PTSI 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 Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation. In consideration for the termination of said
investigation, PTSI 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 PTSI 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 PTSI with respect to PTSI'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, PTSI agrees to maintain a Compliance Plan related to future
compliance with the Act, the Commission's Rules, and the Commission's
Orders. The Plan will include, at a minimum, the following components:
a. Compliance Officer. PTSI has designated its Chief Executive Officer as
its hearing aid compatibility compliance officer. The designated
hearing aid compatibility compliance officer will be familiar with the
Commission's hearing aid compatibility regulations and associated
selling and labeling benchmarks. The designated hearing aid
compatibility compliance officer will also review the Commission's
hearing aid compatibility regulations on a monthly basis in order to
stay abreast of pending benchmarks and any new hearing aid
compatibility requirements.
b. Training. The designated hearing aid compatibility compliance officer
will be responsible for ensuring that all PTSI retail staff receives
training regarding the hearing aid compatibility capabilities of the
handsets PTSI offers for sale. Such training will be completed within
ninety days of the Effective Date and any new employees will receive
training within sixty days of their employment.
c. Consumer Outreach. PTSI will advertise the availability of hearing
aid-compatible handsets to ensure that all of its retail customers are
aware that hearing aid-compatible handsets are available.
d. Compliance Reports. PTSI 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 compliance report shall include a compliance
certificate from an officer, as an agent of PTSI, stating that the
officer has personal knowledge that PTSI 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 compliance reports shall be
submitted to Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554. All compliance reports shall
also be submitted electronically to Nissa Laughner at
Nissa.Laughner@fcc.gov, and Ricardo Durham at Ricardo. Durham@fcc.gov.
e. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twenty-four (24) months from the Effective
Date.
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 PTSI 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 PTSI with the Act, the Rules, or the
Order.
11. Voluntary Contribution. PTSI agrees that it will make a voluntary
contribution to the United States Treasury in the amount of $9,000.
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 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 Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). PTSI will also send electronic notification on the date said
payment is made to Nissa Laughner at Nissa.Laughner@fcc.gov and
Ricardo. Durham@fcc.gov.
12. Waivers. PTSI 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. PTSI 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 PTSI nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and PTSI shall
waive any statutory right to a trial de novo. PTSI 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. Invalidity. 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 PTSI does not expressly consent)
that provision will be superseded by such Commission rule or Order.
15. Successors and Assigns. PTSI 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.
_______________________________
Kathryn S. Berthot
Division Chief
Enforcement Bureau
________________________________
Date
________________________________
Ron Strecker
Chief Executive Officer
Panhandle Telecommunication Systems, Inc.
________________________________
Date
47 C.F.R. S: 20.19(d)(2) (2007). In February 2008, as part of a
comprehensive reconsideration of the effectiveness of the hearing aid
compatibility rules, the Commission made several changes to these rules.
See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008) ("Hearing
Aid Compatibility First Report and Order"), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008).
47 U.S.C. S:S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 20.19(d)(2) (2007). In February 2008, as part of a
comprehensive reconsideration of the effectiveness of the hearing aid
compatibility rules, the Commission made several changes to these rules.
See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008) ("Hearing
Aid Compatibility First Report and Order"), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008).
See Panhandle Telecommunication Systems, Inc. Petition for Temporary and
Limited Waiver of Section 20.19(d)(2) of the Commission's Rules, WT Docket
No. 01-309 (September 14, 2006).
Letter from Michael Bennet, Esq. and Kenneth Johnson, Esq., Bennet &
Bennet, Counsel for Panhandle Telecommunication Systems, Inc. to Ms.
Marlene Dortch, Secretary (June 1, 2007).
See Panhandle Telecommunication Systems, Inc. Amendment to Petition for
Temporary and Limited Waiver of Section 20.19(d)(2) of the Commission's
Rules, WT Docket No. 01-309 (September 20, 2007).
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, 23 FCC Rcd 3352, 3365
(2008).
Letter from Kenneth Johnson, Esq., Bennet & Bennet, Counsel for Panhandle
Telecommunication Systems, Inc., to Ms. Marlene Dortch, Secretary (June 9,
2008).
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