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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
     In the Matter of                            )   File No. EB-09-SE-155   
                                                                             
     Futurewei Technologies, Inc. d/b/a Huawei   )   Acct. No. 201032100035  
                                                                             
     Technologies (USA)                          )   FRN No. 0016162539      
                                                                             
                                                 )                           


                                     ORDER

   Adopted: July 9, 2010 Released: July 12, 2010

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and Futurewei Technologies,
       Inc. d/b/a Huawei Technologies (USA) ("Huawei"). The Consent Decree
       terminates an investigation by the Bureau against Huawei for possible
       violations of Section 20.19(i) of the Commission's Rules ("Rules"),
       regarding compliance with the Commission's regulations pertaining to
       hearing aid compatibility for wireless handsets.

    2. The Bureau and Huawei 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 and terminating 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 Huawei 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 Commission's 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 Jiangao Cui, Senior Vice President, Futurewei
       Technologies Inc., dba Huawei Technologies (USA), and counsel for
       Huawei, Thomas Navin, Esq.,  Wiley Rein LLP, 1776 K Street, NW,
       Washington, DC 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
     In the Matter of                            )   File No. EB-09-SE-155   
                                                                             
     Futurewei Technologies, Inc. d/b/a Huawei   )   Acct. No. 201032100035  
                                                                             
     Technologies (USA)                          )   FRN No. 0016162539      
                                                                             
                                                 )                           


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission ("Bureau")
   and Futurewei Technologies, Inc. d/b/a Huawei Technologies (USA)
   ("Huawei"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   of Huawei for possible violations of Section 20.19(i) of the Commission's
   Rules ("Rules"), regarding compliance with the Commission's regulations
   pertaining to hearing aid compatibility for wireless handsets.

   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:
        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 compliance obligations and compliance
        program described in this Consent Decree at Paragraph 8.

     f. "Effective Date" means the date on which the Bureau releases the
        Adopting Order.

     g. "Huawei" means Futurewei Technologies, Inc. d/b/a Huawei Technologies
        (USA) and its subsidiaries as well as its predecessors-in-interest
        and successors-in-interest.

     h. "Investigation" means the investigation commenced by the Bureau's
        September 30, 2009, letter of inquiry ("LOI") to Huawei regarding
        possible violations of Sections 20.19(h) and (i) of the Rules.

     i. "Parties" means Huawei and the Bureau, and each a "Party".

     j. "Rules" means the Commission's regulations found in Title 47 of the
        Code of Federal Regulations.

   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. In
       February 2008, as part of a comprehensive reconsideration of the
       effectiveness of the hearing aid compatibility rules, the Commission
       released an order that, among other things, adopted new compatible
       handset deployment benchmarks beginning in 2008. Pursuant to Section
       20.19(i) of the Rules, manufacturers of certain wireless handsets are
       subject to regulations specifying compliance with the Commission's
       requirements for hearing aid compatibility. This regulation includes
       provisions addressing compliance with technical requirements and
       reporting obligations.

    3. On September 30, 2009, the Bureau issued an LOI to Huawei. The LOI
       directed Huawei to submit a sworn written response to a series of
       questions relating to compliance with the hearing aid compatibility
       regulations pertaining to certain wireless handsets. Huawei responded
       to the LOI on November 13, 2009.

   III. TERMS OF AGREEMENT

    4. 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.

    5. Jurisdiction. Huawei  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.

    6. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date. 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.

    7. 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, Huawei 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, 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
       Huawei concerning the matters that were the subject of the
       investigation. The Bureau also agrees that in the absence of new
       material evidence it will not use the facts developed in this
       investigation through the Effective Date, 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 Huawei with
       respect to Huawei's basic qualifications, including its character
       qualifications, to be a Commission licensee or to hold Commission
       licenses or authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, Huawei agrees to (i) create within sixty (60) days after the
       Effective Date a Compliance Plan related to future compliance with the
       Act, the Commission's Rules and the Commission's Orders, and (ii)
       establish operating procedures intended to ensure compliance with the
       terms and conditions of this Consent Decree and with section 20.19 of
       the Rules. The Compliance Plan will include, at a minimum, the
       following components:

     a. Compliance Officer. Huawei will designate a senior corporate manager
        ("Compliance Officer") who is responsible for administering the
        Compliance Plan.

     b. Training. Within ninety (90) days after the Effective Date, Huawei
        will provide training and materials concerning Section 20.19 of the
        Rules pertaining to the hearing aid compatibility requirements for
        wireless handsets and explaining the requirements of the Consent
        Decree to those of its management employees who are involved directly
        in the development and marketing of wireless handsets imported,
        marketed, and sold by Huawei in the United States. Huawei will also
        provide training and materials to any new management employees who
        are directly involved in the development and marketing of wireless
        handsets imported, marketed, and sold by Huawei in the United States
        within ninety (90) days of their employment.

     c. Compliance Reports. Huawei 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
        certification by the Compliance Officer, as an agent of and on behalf
        of Huawei, stating that the Compliance Officer has personal knowledge
        that Huawei (i) has established operating procedures intended to
        ensure compliance with the terms and conditions of this Consent
        Decree and with section 20.19 of the Rules, together with an
        accompanying statement explaining the basis for the Compliance
        Officer's certification; (ii) has been utilizing those procedures
        since the previous Compliance Report was submitted; and (iii) is not
        aware of any instances of non-compliance. The certification must
        comply with section 1.16 of the Rules and be subscribed to as true
        under penalty of perjury in substantially the form set forth therein.
        If the Compliance Officer cannot provide the requisite certification,
        the Compliance Officer, as an agent of and on behalf of Huawei, shall
        provide the Commission with a detailed explanation of: (i) any
        instances of non-compliance with this Consent Decree and the Rules, 
        and (ii) the steps that Huawei has taken or will take to remedy each
        instance of non-compliance and ensure future compliance, and the
        schedule on which proposed remedial actions will be taken. All
        Compliance Reports shall be submitted to Chief, Spectrum Enforcement
        Division, Enforcement Bureau, Federal Communications Commission, 445
        12th Street, S.W., Washington, D.C. 20554, with a copy submitted
        electronically to Kevin.Pittman@fcc.gov and Kathy.Berthot@fcc.gov.

     d. Termination Date. Unless stated otherwise, the requirements of this
        Paragraph 8 of the Consent Decree will expire twenty-four (24) months
        after the Effective Date.

    9. Voluntary Contribution. Huawei agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of nine
       thousand dollars ($9,000). The payment will be made within thirty (30)
       days after the Effective Date. 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). Huawei will also send electronic notification to
       Kevin.Pittman@fcc.gov and Kathy.Berthot@fcc.gov on the date said
       payment is made.

   10. Waivers. Huawei 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 Adopting Order, provided the Bureau issues an Adopting
       Order adopting the Consent Decree without change, addition,
       modification, or deletion. Huawei 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 Huawei nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Huawei shall
       waive any statutory right to a trial de novo. Huawei 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.

   11. 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.

   12. 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 Huawei does not expressly
       consent) that provision will be superseded by such Commission Rule or
       Order.

   13. Successors and Assigns. Huawei agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   14. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the matters set forth herein. 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.

   15. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   16. 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.

   17. Authorized Representative. Each Party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   18. 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.


     _______________________________                                
                                                                    
     P. Michele Ellison                                             
                                                                    
     Chief, Enforcement Bureau                                      
                                                                    
     ________________________________                               
                                                                    
     Date                                                           
                                                                    
     ________________________________                               
                                                                    
     Jiangao Cui                                                    
                                                                    
     Senior Vice President                                          
                                                                    
     Futurewei Technologies, Inc. d/b/a Huawei Technologies (USA)   
                                                                    
     ________________________________                               
                                                                    
     Date                                                           


   47 C.F.R. S: 20.19(i).

   47 U.S.C. S: 154(i).

   47 C.F.R. S:S: 0.111, 0.311.

   47 C.F.R. S: 20.19(i).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Huawei
   Technologies (September 30, 2009) ("LOI").

   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 Section 68.4(a) of the Commission's Rules
   Governing Hearing Aid-Compatible Telephones, Report and Order, 18 FCC Rcd
   16753, 16787 P: 89 (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).

   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: 20.19(i).

   See LOI.

   See Letter from Charlie W. Chen, Senior Vice-President, Huawei, to Marlene
   H. Dortch, Secretary, Federal Communications Commission (November 11,
   2009) ("LOI Response"). The LOI response was filed November 13, 2009.
   Huawei submitted its Hearing Aid Compatibility reports for 2008 and 2009
   on the same date.

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   Federal Communications Commission DA 10-1271

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   Federal Communications Commission DA 10-1271