Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                           
                                                           
                               )   File No. EB-07-SE-278   
     In the Matter of                                      
                               )   Acct. No. 200832100053  
     PinPoint Wireless, Inc.                               
                               )   FRN No. 0002377901      
                                                           
                               )                           


                                     ORDER

   Adopted: March 9, 2009 Released: March 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 PinPoint Wireless, Inc.
       ("PinPoint"). The Consent Decree terminates an investigation and
       Notice of Apparent Liability for Forfeiture ("NAL") by the Bureau
       against PinPoint for possible violations of former Section 20.19(d)(2)
       of the Commission's Rules ("Rules") regarding the inductive coupling
       hearing aid compatibility requirements.

    2. The Bureau and PinPoint 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 and
       cancels the NAL.

    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 PinPoint possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
       of the Act, 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 and the Notice of Apparent Liability for Forfeiture IS
       CANCELLED.

    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 Tom Shoemaker, PinPoint Wireless, Inc., 611 Patterson
       Street, Cambridge, NE 69022, and to its counsel, Kenneth C. Johnson,
       Esq., Bennet & Bennet, PLLC, 10 G St. NE, Seventh Floor, Washington,
       DC 20002.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                           
                                                           
                               )   File No. EB-07-SE-278   
     In the Matter of                                      
                               )   Acct. No. 200832100053  
     PinPoint Wireless, Inc.                               
                               )   FRN No. 0002377901      
                                                           
                               )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and PinPoint Wireless, Inc.
   ("PinPoint"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   relating to whether Pinpoint violated former 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 for each air interface that comply
   with the requirements for inductive coupling for hearing aid compatibility
   by September 18, 2006.

   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. "Effective Date" means the date the Bureau releases the Adopting
       Order.

    f. "Investigation" mean the investigation initiated by the Bureau's
       August 13, 2007 Letter of Inquiry to PinPoint regarding whether
       PinPoint violated the inductive coupling hearing aid compatibility
       requirements in former Section 20.19(d)(2) of the Rules.

    g. "Notice of Apparent Liability for Forfeiture" or "NAL" means PinPoint
       Wireless, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC
       Rcd 9290 (Enf. Bur., Spectrum Enf. Div. 2008).

    h. "Parties" means PinPoint and the Bureau.

    i. "PinPoint" means PinPoint Wireless, 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 by September 16, 2006. On November 14, 2006, PinPoint
       filed a hearing aid compatibility report listing seven handset models
       that it offered at that time. None of the listed models met the T3
       rating for inductive coupling. The Wireless Telecommunications Bureau
       subsequently referred the matter to the Enforcement Bureau's Spectrum
       Enforcement Division for investigation.

    3. On August 13, 2007, the Spectrum Enforcement Division issued PinPoint
       a Letter of Inquiry ("LOI"). The August 13, 2007 LOI directed
       PinPoint, among other things, to submit a sworn written response to a
       series of questions relating to its compliance with the inductive
       coupling hearing aid compatibility requirements. PinPoint responded to
       the August 13, 2007 LOI on August 27, 2007.

    4. On June 13, 2008, the Spectrum Enforcement Division issued a Notice of
       Apparent Liability for Forfeiture proposing that PinPoint be held
       liable for a forfeiture of $30,000 under Section 503(b)(1)(B) of the
       Act, and ordered PinPoint either to pay the proposed forfeiture or
       file a written response within thirty (30) days of the NAL release
       date stating why the proposed forfeiture should be reduced or
       canceled.

   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. PinPoint 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 and to cancel its NAL. In consideration for the
       termination of said investigation and cancellation of the NAL,
       PinPoint 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 PinPoint 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 PinPoint with respect to
       PinPoint'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, PinPoint agrees to maintain a Compliance Plan related to
       future compliance with the Act, the Commission's Rules, and the
       Commission's Adopting Order. The Plan will include, at a minimum, the
       following components:

    a. Compliance Officer. PinPoint has designated Lynn Sewell as its hearing
       aid compatibility officer. The designated hearing aid compatibility
       compliance officer will be familiar with the FCC's hearing aid
       compatibility regulations and associated selling and labeling
       benchmarks. The designated hearing aid compatibility compliance
       officer will also review the FCC's hearing aid compatibility
       regulations on a monthly basis in order to stay abreast of pending
       benchmarks and any new hearing aid compatibility requirements.

    b. Training. The designated hearing aid compatibility compliance officer
       will be responsible for ensuring that all PinPoint retail staff
       receives training regarding the hearing aid compatibility capabilities
       of the handsets PinPoint offers for sale. Such training will be
       completed within ninety (90) days of the Effective Date and any new
       employees will receive training within sixty (60) days of their
       employment.

    c. Consumer Outreach. PinPoint 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. PinPoint will file compliance reports with the
       Commission ninety (90) days after the Effective Date, twelve (12)
       months after the Effective Date, and twenty-four (24) months after the
       Effective Date. Each report shall include a compliance certificate
       from an officer, as an agent of PinPoint, stating that the officer has
       personal knowledge that PinPoint has established operating procedures
       intended to ensure compliance with this Consent Decree, together with
       an accompanying statement explaining the basis for the officer's
       compliance certification. All reports shall be submitted to Kathryn S.
       Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554. All reports shall also be submitted electronically to
       Kathryn S. Berthot at Kathy.Berthot@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 PinPoint 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 PinPoint with the Act, the Rules, or the
       Order.

   11. Voluntary Contribution. PinPoint agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of $18,000.
       The payment will be made within thirty (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). PinPoint will also send electronic notification on the date
       said payment is made to Kathryn S. Berthot at Kathy.Berthot@fcc.gov.

   12. Waivers. PinPoint 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. PinPoint 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 PinPoint nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and PinPoint
       shall waive any statutory right to a trial de novo. PinPoint 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 PinPoint does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order.

   15. Successors and Assigns. PinPoint 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                     
                                            
     Chief, Spectrum Enforcement Division   
                                            
     Enforcement Bureau                     
                                            
     ________________________________       
                                            
     Date                                   
                                            
     ________________________________       
                                            
     Tom Shoemaker                          
                                            
     [Title]                                
                                            
     PinPoint Wireless, Inc.                
                                            
     ________________________________       
                                            
     Date                                   


   PinPoint Wireless, Inc., Notice of Apparent Liability for Forfeiture, 23
   FCC Rcd 9290 (Enf. Bur., Spectrum Enf. Div. 2008).

   47 C.F.R. S: 20.19(d)(2) (2007).

   47 U.S.C. S:S: 154(i), 503(b).

   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).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to J. Richard Shoemaker, PinPoint Wireless, Inc.
   (August 13, 2007) ("August 13, 2007 LOI").

   August 13, 2007 LOI.

   Letter from Michael Bennet, Esq., Bennet & Bennet, PLLC to Kathryn S.
   Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (August 27, 2007).

   PinPoint Wireless, Inc., Notice of Apparent Liability for Forfeiture, 23
   FCC Rcd 9290 (Enf. Bur., Spectrum Enf. Div. 2008).

   Federal Communications Commission DA 09-556

   4

   2

   Federal Communications Commission DA 09-556

   Federal Communications Commission DA 09-556

   5

   Federal Communications Commission DA 09-556