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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                                                        
     In the Matter of                   )   File No. EB-09-SE-161       
                                                                        
     Smith Bagley, Inc.                 )   NAL/Acct. No. 201032100006  
                                                                        
     d/b/a Cellular One of NE Arizona   )   FRN # 0013706106            
                                                                        
                                        )                               


                  Notice of apparent Liability for forfeiture

   Adopted: November 23, 2009 Released: November 25, 2009

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we
       propose a forfeiture of fifteen thousand dollars ($15,000) against
       Smith Bagley, Inc., d/b/a Cellular One of NE Arizona ("SBI"), a Global
       System for Mobile Communications-based ("GSM-based") Tier III carrier,
       serving parts of Arizona and New Mexico. As detailed herein, we find
       that SBI apparently willfully and repeatedly violated Section
       20.19(c)(3) of the Commission's Rules ("Rules"), by failing to timely
       provide in its digital wireless handset offerings to consumers at
       least eight handset models that meet the radio frequency interference
       standards for hearing aid compatibility set forth in Section
       20.19(b)(1), or in the alternative, ensure that at least 50% percent
       of the handset models that it offered to consumers complied with the
       radio frequency interference standards.

   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 "M3" rating) to enable acoustic coupling
       between digital wireless phones and hearing aids operating in acoustic
       coupling mode,  and a separate standard (the "T3" rating) to enable
       inductive coupling with hearing aids operating in telecoil mode.

    3. In the 2008 Hearing Aid Compatibility First Report and Order, the
       Commission established, for each standard, deadlines from 2008 through
       2011 by which service providers are required to offer specified
       numbers or percentages of digital wireless handset models per air
       interface that are compliant with the relevant standard if they do not
       come under the de minimis exception. Specifically, the Commission
       required that, prior to September 7, 2008, non-Tier I service
       providers include in their commercial handset offerings at least two
       models that met or exceeded the M3 rating for radio frequency
       interference. Between September 7, 2008 and May 15, 2009, non-Tier I
       service providers were required to make commercially available at
       least eight handset models per digital air interface that met or
       exceeded the M3 rating for radio frequency interference, or in the
       alternative, ensure that at least 50% of the handset models they
       offered per air interface met or exceeded the M3 standard. Prior to
       September 7, 2008, non-Tier I service providers were also required to
       offer at least two handset models that met or exceeded the T3 rating
       for inductive coupling. Between September 7, 2008 and May 15, 2009,
       non-Tier I service providers were required to offer at least three
       handset models per air interface that met or exceeded the T3 rating,
       or in the alternative, ensure that at least one-third of their
       commercially available handset models per air interface met or
       exceeded the T3 rating. 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 digital
       wireless service providers to submit annual status reports, beginning
       January 15, 2009, on efforts toward compliance with the hearing aid
       compatibility requirements.

    4. As required by the Commission, SBI submitted its annual status report
       on January 15, 2009. In its January 2009 Hearing Aid Compatibility
       Status Report ("January Status Report"), SBI reported that during each
       month for the period between July 2008 and December 2008, it offered
       eight handset models to consumers that met or exceeded the M3 rating,
       and that in January 2009, it offered nine such models, and thus was in
       compliance with the requirements of Section 20.19(c)(3). However, in a
       filing submitted on August 6, 2009 in response to an inquiry from the
       Wireless Telecommunications Bureau ("WTB"), SBI amended its January
       Status Report, and acknowledged that during the period between
       September 7, 2008 and December 31, 2008, SBI had only offered seven
       handset models to consumers that met or exceeded the M3 standard, and
       that these seven handsets did not constitute a minimum of 50% of the
       total number of handsets that SBI offered to consumers in that period.

    5. On September 16, 2009, WTB referred SBI's apparent violation of the
       hearing aid compatibility handset requirements to the Enforcement
       Bureau for possible enforcement action.

   III. DISCUSSION

    A. Failure to Offer For Sale Sufficient Hearing Aid Compatible Handset
       Models

    6. Section 20.19(c)(3) of the Rules provides that prior to September 7,
       2008, non-Tier I digital wireless service providers were required to
       offer at least two handset models per air interface that met or
       exceeded the M3 rating for radio frequency interference, and between
       September 7, 2008 and May 15, 2009, these service providers were
       required either to offer for sale at least eight handset models for
       each air interface that met or exceeded a M3 rating for radio
       frequency interference, or in the alternative, to ensure that at least
       50% of the handset models per air interface offered to consumers met
       or exceeded the M3 rating. According to its January Status Report,
       although SBI satisfied the requirement that it offer at least two
       M3-compliant handset models for the months of July and August 2008,
       for the period from September 7, 2008 through December 31, 2008, SBI
       offered for sale only seven M3-compliant handset models, which did not
       constitute at least 50% of the total number of handset models that SBI
       offered to consumers. Accordingly, we conclude that SBI apparently
       willfully and repeatedly failed to comply with Section 20.19(c)(3) of
       the Rules, by failing to offer at least eight radio frequency
       interference-compliant handset models, or in the alternative, ensure
       that at least 50% of its handset models were radio frequency
       interference-compliant, for the period from September 7, 2008 through
       December 31, 2008.

   B. Proposed Forfeiture

    7. 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 SBI is apparently liable for forfeiture for
       its apparent willful and repeated violation of Section 20.19(c)(3) of
       the Rules.

    8. Section 503(b)(2)(B) of the Act authorizes a forfeiture assessment
       against a common carrier up to $150,000 for each violation, or for
       each day of a continuing violation, up to a maximum of $1,500,000 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."

    9. 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.

   10. 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.

   11. Our recent decisions established a base forfeiture amount of $15,000
       per handset for violations of the hearing aid compatibility handset
       requirements. In establishing this base forfeiture amount, we
       determined that violations of the hearing aid compatibility handset
       requirements warranted a significantly higher forfeiture than for
       violations of the labeling requirements for wireless hearing
       aid-compatible handsets. 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. We also found that the Rules required that,
       prior to September 7, 2008, service providers were required to offer
       at least two handset models that met at least a M3 rating for radio
       frequency interference, and thus determined that a proposed forfeiture
       for violation of these requirements should be applied on a per handset
       basis. We see no reason to alter this logic for violations that took
       place between September 7, 2008 and May 15, 2009, when the number of
       compliant handsets that service providers were required to offer
       increased from two to eight, or in the alternative, to 50% of the
       total number of handsets available to consumers from the service
       provider.

   12. The record establishes that from September 7, 2008 through December
       31, 2008, SBI offered only seven handset models that met or exceeded
       the M3 standard, and thus did not satisfy the requirement that
       non-Tier I service providers either offer at least eight handset
       models, or ensure that at least 50% of the handset models that they
       offer, meet or exceed the M3 standard. SBI did not come into
       compliance with Section 20.19(c)(3) until January 2009. Accordingly,
       SBI is apparently liable for a base forfeiture of $15,000 for failing
       to comply with the radio frequency interference requirements in
       willful and repeated violation of Section 20.19(c)(3).

   13. Based on the record before us, and having considered the statutory
       factors set forth above, we conclude that no upward or downward
       adjustment of the forfeiture from the base amount of $15,000 is
       warranted. We therefore propose a $15,000 forfeiture against SBI for
       failing to comply with the acoustic coupling compatibility
       requirements in apparent willful and repeated violation of Section
       20.19(c)(3).

   IV. ORDERING clauses

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Smith Bagley, Inc. IS NOTIFIED of
       its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen
       thousand dollars ($15,000) for willful and repeated violation of
       Section 20.19(c)(3) of the Rules.

   15. 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, Smith Bagley, Inc. SHALL PAY the full amount
       of the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   16. 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.  SBI will also send electronic
       notification on the date said payment is made to Kathy Berthot at
       Kathy.B erthot@fcc.gov and Deborah Broderson at
       Deborah.Broderson@fcc.gov.

   17. 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. The
       response should also be emailed to Kathy Berthot at
       kathy.berthot@fcc.gov and Deborah Broderson at
       deborah.broderson@fcc.gov.

   18. 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.

   19. 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 Richard Watkins, COO, Smith Bagley, Inc.,
       1500 South White Mountain Road, Suite 103, Show Low, AZ 85901, and to
       counsel for Smith Bagley, Inc., Thomas Gutierrez, Esq., Lukas, Nace,
       Gutierrez & Sachs, 1650 Tysons Blvd., Suite 1500, McLean, VA 22102.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Tier III carriers are non-Nationwide wireless radio service providers with
   500,000 or fewer subscribers as of the end of September 2001. 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, 14847-48
   P:P: 22-24 (2002) ("Non-Nationwide Carrier Order").

   47 C.F.R. S: 20.19(c)(3).

   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.

   As subsequently amended, Section 20.19(b)(1) provides that, for the period
   beginning June 6, 2008 and ending January 1, 2010, a wireless handset is
   deemed hearing aid-compatible for radio frequency interference if, at
   minimum, it meets the M3 rating associated with the technical standard set
   forth in either the standard document "American National Standard Methods
   of Measurement of Compatibility between Wireless Communication Devices and
   Hearing Aids," ANSI C63.19-2006 (June 12, 2006) or ANSI 63.19-2007 (June
   8, 2007). 47 C.F.R. S: 20.19(b)(1). Section 20.19(b)(2) provides that, for
   the period beginning June 6, 2008 and ending January 1, 2010, a wireless
   handset is deemed hearing aid-compatible for inductive coupling if, at
   minimum, it meets the T3 rating associated with the technical standard as
   set forth in either the standard document "American National Standard
   Methods of Measurement of Compatibility between Wireless Communication
   Devices and Hearing Aids," ANSI C63.19-2006 (June 12, 2006) or ANSI
   63.19-2007 (June 8, 2007). 47 C.F.R. S: 20.19(b)(2).

   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 Digital Enhanced Network (iDEN),
   and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
   Telecommunications System (UMTS).

   See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
   Mobile Handsets, First Report and Order, 23 FCC Rcd 3406, 3418-24 P:P:
   34-46 (2008) ("Hearing Aid Compatibility First Report and Order"), Order
   on Reconsideration and Erratum, 23 FCC Rcd 7249 (2008); 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 First Report and Order, 23 FCC Rcd at 3418
   P: 34 and Appendix C; see also 47 C.F.R. S: 20.19(c)(3)(i).

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3418
   P: 34 and Appendix C; see also 47 C.F.R. S: 20.19(c)(3)(ii). Beginning May
   15, 2009, the minimum number of commercially available radio frequency
   interference-compliant handset models per air interface that must be
   provided by non-Tier I service providers if they do not meet the 50
   percent threshold increased to nine. 47 C.F.R. S: 20.19(c)(3)(ii)(B)(2).

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3418
   P: 34 and Appendix C; see also 47 C.F.R. S: 20.19(d). Beginning May 15,
   2009, the minimum number of commercially available inductive
   coupling-compliant handset models per air interface that must be provided
   by non-Tier I service providers if they do not meet the one-third
   threshold increased to five. 47 C.F.R. S: 20.19(d)(3)(ii)(B)(2).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16785; see also 47
   C.F.R. S: 20.19(f).

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3410
   P: 13; 47 C.F.R. S: 20.19(i)(1).

   See, Smith Bagley, Inc., Hearing Aid Compatibility Status Report, Docket
   No. 07-250 (January 15, 2009) ("January Status Report").

   In the status report that was due on January 15, 2009, service providers
   were only required to provide information on hearing aid compliant
   handsets for the period between July 1 and December 31, 2008. 47 C.F.R. S:
   20.19(i)(3).

   See January Status Report at Exhibit A.

   See Smith Bagley, Inc., Amended Hearing Aid Compatibility Status Report,
   Docket No. 07-250 (August 6, 2009) ("Amended Status Report") at Exhibit A.
   Specifically, in its Amended Status Report, SBI acknowledged that it
   previously had erroneously classified the Motorola K1 handset (FCC ID
   IHDT56GT1) as a M3-rated handset, when in fact it is a non-M3 compliant
   handset. Id. SBI indicated in its January Status Report that it offered a
   total of 18-20 handset models to consumers during this period. See January
   Status Report at Exhibit A.

   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 has amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), three times to increase the maximum
   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, 23 FCC Rcd 9845,
   9847 (2008) (adjusting the maximum statutory amounts for common carriers
   from $130,000/$1,300,000 to $150,000/$1,500,000); Amendment of Section
   1.80 of the Commission's Rules and Adjustment of Forfeiture Maxima to
   Reflect Inflation, Order, 19 FCC Rcd 10945, 10947 (2004) (adjusting the
   maximum statutory amounts for common carriers from $120,000/$1,200,000 to
   $130,000/$1,300,000); Amendment of Section 1.80 of the Commission's Rules
   and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 15 FCC
   Rcd 18221, 18223 (2000) (adjusting the maximum statutory amounts for
   common carriers from $100,000/$1,000,000 to $120,000/$1,200,000). The most
   recent inflation adjustment took effect September 2, 2008 and only applies
   to violations that occur after that date. See 73 Fed. Reg. 44663-5. As
   SBI's apparent violations occurred after September 2, 2008, they are
   therefore subject to the new forfeiture limits.

   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.

   Id.

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16755 P: 4.

   Id. at 16756 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, e.g., SLO Cellular, Inc., Notice of Apparent Liability for
   Forfeiture, 23 FCC Rcd 3990, 3996-97 P: 14 (Enf. Bur. 2008), response
   received; NEP Cellcorp, Inc., Notice of Apparent Liability for Forfeiture,
   24 FCC Rcd 8, 13 P: 11 (Enf. Bur., Spectrum Enf. Div. 2009), forfeiture
   paid; Corr Wireless Communications, LLC, Notice of Apparent Liability for
   Forfeiture, 23 FCC Rcd 11567, 11571 P: 11 (Enf. Bur., Spectrum Enf. Div.
   2008), response received; Blanca Telephone Company, Notice of Apparent
   Liability for Forfeiture, 23 FCC Rcd 9398, 9403 P: 12 (Enf. Bur., Spectrum
   Enf. Div. 2008), response received; Pinpoint Wireless, Inc., Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 9290, 9295 P: 11 (Enf. Bur.,
   Spectrum Enf. Div. 2008), forfeiture paid; Iowa Wireless Services, LLC
   d/b/a i Wireless, Notice of Apparent Liability for Forfeiture,  23 FCC Rcd
   4735, 4739 P: 12 (Enf. Bur., Spectrum Enf. Div. 2008); South Slope
   Cooperative Telephone Company d/b/a South Slope Wireless, Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 4706, 4711-12 P: 12 (Enf.
   Bur., Spectrum Enf. Div. 2008), response received.

   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, 19255-56 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), consent decree ordered, Order, 23 FCC Rcd 4485 (Enf. Bur. 2008).

   See supra note 29.

   See Amended Status Report at Exhibit A (reporting that SBI offered eight
   handset models meeting at least an M3 standard in January 2009).

   Federal Communications Commission DA 09-2473

   2

   Federal Communications Commission DA 09-2473