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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-09-SE-188
In the Matter of
) NAL/Acct. No. 201132100005
Total Call Mobile, Inc.
) FRN 0018458091
)
order and Notice OF apparent liability for forfeiture
Adopted: October 25, 2010 Released: October 26, 2010
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. introduction
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Total Call Mobile, Inc. ("TCM"), a reseller of mobile wireless
services, apparently willfully violated the wireless handset hearing
aid compatibility status report filing requirements set forth in
Section 20.19(i)(1) of the Commission's Rules ("Rules") and apparently
willfully and repeatedly violated the public web site posting
requirements set forth in Section 20.19(h) of the Rules. For these
apparent violations, we propose a forfeiture in the amount of twelve
thousand dollars ($12,000). We also direct TCM to file the required
wireless handset hearing aid compatibility status report within thirty
(30) days of the release of this NAL.
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. 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. 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.
3. Of primary relevance, the Commission also adopted reporting
requirements to ensure that it could monitor the availability of these
handsets and to provide valuable information to the public concerning
the technical testing and commercial availability of hearing
aid-compatible handsets, including on the Internet. The Commission
initially 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 (May 17, 2004, November 17, 2004, May 17, 2005,
November 17, 2005, May 17, 2006 and November 17, 2006), and then
annually thereafter through the fifth year of implementation (November
19, 2007 and November 17, 2008). In its 2008 Hearing Aid Compatibility
First Report and Order, the Commission extended these reporting
requirements with certain modifications on an open ended basis,
beginning January 15, 2009. The Commission also made clear that these
reporting requirements apply to manufacturers and service providers
that fit within the de minimis exception. In addition, the Commission
instituted a requirement that manufacturers and service providers with
publicly-accessible web sites maintain a list of hearing
aid-compatible handset models and provide certain information
regarding those models on their web sites. The web site postings,
which must be updated within 30 days of a change in a manufacturer's
or service provider's offerings, enable consumers to obtain up-to-date
hearing aid compatibility information from their service providers.
4. TCM failed to file the required hearing aid compatibility status
report for the period of July 1, 2008 through December 31, 2008 (due
January 15, 2009). TCM also failed to post on its web site required
information concerning the ratings and level of functionality of its
hearing aid-compatible handset models. The Wireless Telecommunications
Bureau ("WTB") referred TCM's apparent violation of the reporting
requirements to the Enforcement Bureau for possible enforcement
action.
5. On November 23, 2009, the Enforcement Bureau's Spectrum Enforcement
Division ("Division") issued TCM a Letter of Inquiry ("LOI"), to which
TCM responded on February 4, 2010. In its LOI response, TCM explained
that once aware of the requirement to file the status report set forth
in Section 20.19(i)(1) of the Rules, it filed this year's annual
status report on January 15, 2010. In addition, TCM noted that on
January 15, 2010, its web site complied with Section 20.19(h) of the
Rules, listing its hearing aid-compatible handsets, the compatibility
ratings, and an explanation of the ratings system.
III. discussion
A. Failure to File Timely Hearing Aid Compatibility Status Report
6. Section 20.19(i)(1) of the Rules requires service providers to submit
hearing aid compatibility status reports on January 15, 2009 (covering
the six-month period ending December 31, 2008) and then annually
thereafter. These reports are necessary to enable the Commission to
perform its enforcement function and evaluate whether TCM is in
compliance with Commission mandates that were adopted to facilitate
the accessibility of hearing aid-compatible wireless handsets. These
reports also provide valuable information to the public concerning the
technical testing and commercial availability of hearing
aid-compatible handsets. To date, Commission records show no January
15, 2009 status report on file for TCM. Accordingly, we find that TCM
failed to timely file the hearing aid compatibility status report due
on January 15, 2009 in apparent willful violation of the requirements
set forth in Section 20.19(i)(1) of the Rules.
A. Failure to Post Required Information Concerning Hearing
Aid-Compatible Handset Models on its Web Site
7. Section 20.19(h) of the Rules requires that, beginning January 15,
2009, each manufacturer and service provider that operates a
publicly-accessible web site make available on its web site a list of
all hearing aid-compatible handset models currently offered, the
ratings of those models, and an explanation of the rating system.
Section 20.19(h) also requires service providers to post on their web
sites the level of functionality of each model and an explanation of
the service provider's methodology for designating levels of
functionality. In addition, the Commission has stated that any changes
to a manufacturer's or service provider's offerings must be reflected
on its public web site listing within 30 days of the change. These web
site postings provide consumers up-to-date hearing aid compatibility
information. TCM states that as of January 15, 2010, it complied with
the web site posting requirements, providing a detailed listing of
hearing aid-compatible phones, the ratings of each model offered, and
an explanation of the rating system. TCM also states that the web site
information will be updated as necessary. TCM states that it regrets
that it failed to comply in a timely manner and asserts that it
promptly posted the information on its web site once it was aware of
the requirement. In light of TCM's admissions, we find that TCM failed
to timely meet the web site information posting requirements in
apparent willful and repeated violation of Section 20.19(h) of the
Rules.
A. 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. Under this
standard, we conclude that TCM is apparently liable for forfeiture for
its failure to timely file the required hearing aid compatibility
status report in apparent willful violation of Section 20.19(i)(1) of
the Rules, and for its failure to timely post the required information
regarding its hearing aid-compatible handsets on its web site in
apparent willful and repeated violation of Section 20.19(h) of the
Rules.
9. The Commission's Forfeiture Policy Statement and Section 1.80(b) of
the Rules set a base forfeiture amount of $3,000 for the failure to
file required forms or information. While the base forfeiture
guidelines lend some predictability to the forfeiture process, the
Commission retains the discretion to depart from these guidelines and
issue forfeitures on a case-by-case basis under its general
forfeiture authority contained in Section 503 of the Act. In
exercising such discretion, 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. We have exercised our discretion to set a higher base forfeiture
amount for violations of the wireless hearing aid compatibility
reporting requirements. In the American Samoa Telecommunications
Authority NAL, we found that status reports are essential to the
implementation and enforcement of the hearing aid compatibility rules.
The Commission relies on these reports to provide consumers with
information regarding the technical specifications and commercial
availability of hearing aid-compatible digital wireless handsets and
to hold the digital wireless industry accountable to the increasing
number of hearing-impaired individuals. We noted that when setting an
$8,000 base forfeiture for violations of the hearing aid-compatible
handset labeling requirements, the Commission emphasized that
individuals with hearing impairments could only take advantage of
critically important public safety benefits of digital wireless
services if they had access to accurate information regarding hearing
aid compatibility features of handsets. We also noted that the
Commission has adjusted the base forfeiture upward when noncompliance
with filing requirements interferes with the accurate administration
and enforcement of Commission rules. Because the failure to file
hearing aid compatibility status reports implicates similar public
safety and enforcement concerns, we exercised our discretionary
authority and established a base forfeiture amount of $6,000 for
failure to file hearing aid compatibility reports. Consistent with
ASTCA, we believe the established $6,000 base forfeiture for each
hearing aid compatibility reporting violation should apply here.
11. Failure to file these reports, as is the case here, can have an
adverse impact on the Commission's ability to ensure the commercial
availability of hearing aid-compatible digital wireless handsets, to
the detriment of consumers. Furthermore, in ASTCA, we made clear that
failure to file a hearing aid compatibility status report constitutes
a continuing violation that continues until the violation is cured.
TCM's failure to file the report on time had an adverse impact on the
Commission's ability to monitor and ensure the commercial availability
of hearing aid-compatible digital wireless handsets. We do not believe
that the circumstances presented warrant any downward adjustment of
the proposed forfeiture amount. It is well established that a
violator's lack of knowledge or erroneous beliefs are not a mitigating
factor warranting a forfeiture reduction. Accordingly, we propose a
forfeiture of $6,000 against TCM for apparently willfully failing to
timely file its January 15, 2009 hearing aid compatibility status
report in violation of Section 20.19(i)(1) of the Rules.
12. We have also recently exercised our discretion to set a higher base
forfeiture amount for violation of the web posting requirements set
forth in Section 20.19(h) of the Rules. In determining the appropriate
forfeiture amount for violation of the web site information posting
requirements, we noted that these requirements are "essential to the
proper functioning of our hearing aid compatibility rules" and serve
to increase the availability of up-to-date hearing aid compatibility
information to consumers and service providers. In particular, we
found that the web site may be the primary means through which
consumers obtain information, and that the updated information between
status reports is likely to be critical to both consumers and service
providers. We further found that the web site postings, which must be
updated within 30 days of a change in a manufacturer's or service
provider's offerings, will enable consumers to obtain up-to-date
hearing aid compatibility information from their service providers and
will also enable service providers to readily obtain up-to-date
information from their manufacturer suppliers. Accordingly, we
concluded that the same considerations that led us to increase the
base forfeitures for hearing aid compatibility status reporting
violations also apply to the requirement for web posting. We therefore
established $6,000 as the base forfeiture for violation of Section
20.19(h).
13. As noted above, TCM admitted in its LOI Response that it failed to
timely post the required information about its hearing aid-compatible
handset models on its web site, stating that the information was
posted on January 15, 2010, and would be updated as necessary.
Accordingly, we propose a forfeiture of $6,000 against TCM for
apparently willfully and repeatedly failing to provide required
information concerning its hearing aid-compatible handset models on
its public web site in violation of Section 20.19(h) of the Rules.
14. Finally, it appears that TCM still has not filed its hearing aid
compatibility status report for the six-month period ending December
31, 2008, which was due on January 15, 2009. This report is necessary
to enable the Commission to monitor the commercial availability of
hearing aid-compatible handsets and to assess TCM's compliance with
the hearing aid compatibility handset requirements during that period.
We accordingly direct TCM to submit the report within thirty (30) days
of the release of this NAL.
IV. ordering clauses
15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act, and Section 1.80 of the Rules, Total Call Mobile, Inc. IS
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
twelve thousand dollars ($12,000) for its failure to timely file its
hearing aid compatibility status reports in apparent willful violation
of the requirements set forth in Section 20.19(i)(1) of the Rules, and
for failing to post required information concerning its hearing
aid-compatible handset models on its public web site in apparent
willful and repeated violation of Section 20.19(h) of the Rules.
16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
within thirty (30) days of the release date of this Notice of Apparent
Liability for Forfeiture, TCM 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. TCM also shall send electronic
notification to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and to
Jacqueline Johnson at Jacqui.Johnson@fcc.gov on the date said payment
is made.
18. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.80 (f)(3) and 1.16 of the Rules. The written statement 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 statement should also
be e-mailed to JoAnn.Lucanik@ fcc.gov and to Jacqui.Johnson@fcc.gov.
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, pursuant to Sections 4(i) and 4(j) of the
Act and Section 20.19(i) of the Rules, TCM SHALL SUBMIT the report
described in paragraph 14 within thirty (30) days of the release of
this NAL. The report 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. A copy
of the report must also be emailed to JoAnn.Lucanik at
JoAnn.Lucanik@fcc.gov, Jacqueline Johnson at Jacqui.Johnson@fcc.gov
and Weiren Wang at Weiren.Wang@fcc.gov.
21. 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 Mark Leafstedt, CEO, Total Call Mobile,
Inc., 707 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90017.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Total Call Mobile, Inc. also holds both domestic and international Section
214 authorizations.
47 C.F.R. S: 20.19(i)(1).
47 C.F.R. S: 20.19(h).
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 Hearing Aid Compatibility Order, 18 FCC Rcd at 16777 P: 56; 47 C.F.R.
S:S: 20.19(b)(1) and (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 Hearing Aid Compatibility Order, 18 FCC Rcd at 16780 P: 65; 47 C.F.R.
S:S: 20.19(c) and (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 deployment requirements, and manufacturers or mobile 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 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 Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3443
P: 91.
Hearing Aid Compatibility Order, 18 FCC Rcd at 16787 P: 89; 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).
See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at
3445-46 P:P: 97-99.
Id. at 3446 P: 99.
Id. at 3450 P: 112.
Id.
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau to Mark Leafstedt, CEO, Total Call Mobile, Inc.
(November 23, 2009) ("LOI").
See Letter from Mark Leafstedt, CEO, Total Call Mobile, Inc., to Spectrum
Enforcement Division, Enforcement Bureau (January 26, 2010) (received
February 4, 2010) ("LOI Response").
See id. We note that the January 2010 Hearing Aid Compatibility Status
Reports are now posted on the Commission's web site at
http://wireless.fcc.gov/hac/index.htm?jobs_reports_sp.
See http://www.totalcallmobile.com/phones.aspx.
See LOI Response at 2.
47 C.F.R. S: 20.19(i)(1).
As TCM noted in its LOI Response, and as Commission records confirm, TCM
filed this year's report on January 15, 2010, as required under our Rules.
See LOI Response at 2. To date, however, TCM has not filed the January 15,
2009 report.
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 P: 5 (1991),
recon. denied, 7 FCC Rcd 3454 (1992) ("Southern California"); see also
Telrite Corporation, Notice of Apparent Liability for Forfeiture, 23 FCC
Rcd 7231, 7237 P: 12 (2008) ("Telrite"); Regent USA, Notice of Apparent
Liability for Forfeiture, 22 FCC Rcd 10520, 10523 P: 9 (2007); San Jose
Navigation, Inc., Forfeiture Order 22 FCC Rcd 1040, 1042 P: 9 (2007).
47 C.F.R. S: 20.19(i)(1).
See 47 C.F.R. S: 20.19(h).
See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3450
P: 112.
LOI Response at 2.
Section 312(f)(2) 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). As with the definition of "willful," the Commission has
interpreted the term to apply to forfeiture proceedings. See Southern
California, supra.
47 C.F.R. S: 20.19(h).
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 P: 4 (2002).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087, 17114, recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
Policy Statement"); 47 C.F.R. S: 1.80(b), Note to paragraph (b)(4):
Section I. Base Amounts for Section 503 Forfeitures.
See Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22, 17101 P: 29.
See also 47 C.F.R. S: 1.80(b)(4) ("The Commission and its staff may use
these guidelines in particular cases [and] retain the discretion to issue
a higher or lower forfeiture than provided in the guidelines, to issue no
forfeiture at all, or to apply alternative or additional sanctions as
permitted by the statute.") (emphasis added).
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 American Samoa Telecommunications Authority, Notice of Apparent
Liability for Forfeiture, 23 FCC Rcd 16432 (Enf. Bur., Spectrum Enf. Div.
2008), response pending ("ASTCA NAL").
See ASTCA NAL, 23 FCC Rcd at 16436-47 P: 10.
Id.
Id.
Id.
Id. at 16437 P: 11. See also Telrite, 23 FCC Rcd at 7244-45 P: 30
(determining that the failure to file Telecommunications Reporting
Worksheets was a continuing violation); Compass Global, Inc., Notice of
Apparent Liability for Forfeiture, 23 FCC Rcd 6125, 6138 P: 29 (2008)
(same); VCI Company, Notice of Apparent Liability for Forfeiture and
Order, 22 FCC Rcd 15933, 15940 P: 20 (2007) (determining that the failure
to file Lifeline and Linkup Worksheets was a continuing violation).
See, e.g., Profit Enterprises, Inc., Notice of Apparent Liability for
Forfeiture, 8 FCC Rcd 2846, 2846 P: 5 (1993), cancelled on other grounds,
12 FCC Rcd 14999 (1997) (denying the mitigation claim of a
manufacturer/distributor who thought that the equipment certification and
marketing requirements were inapplicable, stating that its "prior
knowledge or understanding of the law is unnecessary to a determination of
whether a violation existed ... ignorance of the law is [not] a mitigating
factor"); Lakewood Broadcasting Service, Inc., Memorandum Opinion and
Order, 37 FCC 2d 437, 438 P: 6 (1972) (denying a mitigation claim of a
broadcast licensee who asserted an unfamiliarity with the station
identification requirements, stating that licensees are expected "to know
and conform their conduct to the requirements of our rules"); Kenneth Paul
Harris, Sr., Notice of Apparent Liability for Forfeiture, 15 FCC Rcd
12933, 12935 P: 7 (Enf. Bur. 2000), forfeiture ordered, 15 FCC Rcd 23991
(Enf. Bur. 2000), (denying a mitigation claim of a broadcast licensee,
stating that its ignorance of the law did not excuse the unauthorized
transfer of the station); Maxwell Broadcasting Group, Inc., Memorandum
Opinion and Order, 8 FCC Rcd 784, 784 P: 2 (MMB 1993), recon. denied,
Memorandum Opinion and Order, 8 FCC Rcd 4322 (MMB 1993) (denying a
mitigation claim of a noncommercial broadcast licensee, stating that the
excuse of "inadverten[ce], due to inexperience and ignorance of the rules
... are not reasons to mitigate a forfeiture" for violation of the
advertisement restrictions).
47 C.F.R. S: 20.19(i)(1).
See e.g., Locus Telecommunications, Inc., Notice of Apparent Liability for
Forfeiture, 25 FCC Rcd 330, 335 P: 13 (Enf. Bur., Spectrum Enf. Div. 2010)
("Locus") (quoting Hearing Aid Compatibility First Report and Order, 23
FCC Rcd at 3450 P: 112).
Locus, 25 FCC Rcd at 335 P: 14.
Id.
Id.
Id.
47 C.F.R. S: 20.19(h).
Federal Communications Commission DA 10-2040
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Federal Communications Commission DA 10-2040