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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                         )                               
                                                         
                         )   File No. EB-09-SE-189       
     In the Matter of                                    
                         )   NAL/Acct. No. 201132100004  
     IDT Telecom, Inc.                                   
                         )   FRN 0010522506              
                                                         
                         )                               


             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 IDT Telecom, Inc. ("IDT Telecom"), a reseller of digital 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 total forfeiture in the amount of
       twelve thousand dollars ($12,000). We also direct IDT Telecom 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 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 websites. 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. IDT Telecom, which provides prepaid cellular service under the TuYo
       Mobile brand, failed to file the required hearing aid compatibility
       status report for the period July 1, 2008 through December 31, 2008
       (due January 15, 2009). The Wireless Telecommunications Bureau ("WTB")
       referred IDT Telecom's apparent violation of the reporting requirement
       to the Enforcement Bureau for possible enforcement action.

    5. On November 23, 2009, the Enforcement Bureau's Spectrum Enforcement
       Division ("Division") issued a Letter of Inquiry ("LOI") to IDT
       Corporation, to which IDT Telecom responded on December 29, 2009. In
       its LOI Response, IDT Telecom admitted that it failed to submit the
       status report by January 15, 2009. IDT Telecom also stated that it
       would take necessary steps to come into compliance with the
       requirements of Sections 20.19(h) and (i)(1) of the Rules.

   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 IDT Telecom 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.  IDT Telecom admitted that it did not file
       the required hearing aid compatibility status report by January 15,
       2009. Accordingly, we find that IDT Telecom 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 Public 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.

    8. IDT Telecom offers a number of prepaid wireless phones and plans under
       the TuYo Mobile brand on its publicly accessible website. IDT Telecom
       admitted that it failed to list on its web site all available hearing
       aid-compatible handset models, the ratings for those models, and an
       explanation of the rating system until after receipt of the Division's
       LOI. IDT Telecom also failed to specify the level of functionality for
       each model and provide an explanation of its methodology for
       designating levels of functionality on its web site. Accordingly, we
       find that IDT Corporation apparently willfully and repeatedly violated
       the web site posting requirements set forth in Section 20.19(h) of the
       Rules.

     A. Proposed Forfeiture

    9. 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 IDT Telecom 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 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.

   10. 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."

   11. 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 the 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 a hearing aid compatibility report. Consistent with
       ASTCA, we believe the established $6,000 base forfeiture for violation
       of the hearing aid compatibility reporting requirement should apply
       here, for a proposed forfeiture of $6,000.

   12. 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.
       IDT Telecom'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 IDT Telecom 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.

   13. 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).

   14. As noted above, IDT Telecom acknowledged that in addition to its
       failure to identify which of its handset offerings were hearing
       aid-compatible, it also failed to provide information about the
       ratings of its hearing aid-compatible handset models or an explanation
       of the rating system on its web site, and did not specify the level of
       functionality for each model and provide an explanation of its
       methodology for designating levels of functionality on its web site.
       IDT Telecom presented no mitigating factors in its LOI Response
       justifying a downward adjustment to the $6,000 base forfeiture.
       Accordingly, we propose a forfeiture of $6,000 against IDT Telecom 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.

   15. Thus, we propose an aggregate forfeiture of $12,000 against IDT
       Telecom for its apparent willful violation of Section 20.19(i)(1) of
       the Rules and its apparent willful and repeated violation of Section
       20.19(h) of the Rules.

   16. Finally, as noted above, it appears that IDT Telecom 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 IDT Telecom's compliance with the hearing aid compatibility
       handset requirements during that period. We accordingly direct IDT
       Telecom to submit the report within thirty (30) days of the release of
       this NAL.

   IV. ORDERING clauses

   17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, IDT Telecom, Inc. IS NOTIFIED of
       its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve
       thousand dollars ($12,000) for failing to file its hearing aid
       compatibility status report in apparent willful violation of 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.

   18. 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, IDT Telecom, Inc., SHALL PAY the full amount
       of the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   19. 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. IDT also shall send electronic
       notification to Sam.Peoples@fcc.gov and Ricardo.Durham@fcc.gov on the
       date said payment is made.

   20. 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 emailed to Ricardo Durham at Ricardo.Durham@fcc.gov and Sam Peoples
       at Sam.Peoples@fcc.gov.

   21. 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.

   22. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 4(j) of the
       Act and Section 20.19(i) of the Rules, IDT Telecom SHALL SUBMIT the
       report described in paragraph 16 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 Ricardo
       Durham at Ricardo.Durham@fcc.gov, Sam Peoples at Sam.Peoples@fcc.gov,
       and Weiren Wang at Weiren.Wang@fcc.gov.

   23. 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 Carl Wolf Billek, Senior Regulatory
       Counsel, IDT Telecom, Inc., 550 Broad Street, 17th floor, Newark, New
       Jersey 07102.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   IDT Telecom, Inc. also holds 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: 20.19(b)(1), (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: 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
   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 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 Compatibility First Report and Order, 23 FCC Rcd at 3445-46
   P:P: 97-99.

   Id. at P: 99.

   Id. at 3450 P: 112.

   Id.

   See Letter from Kathy S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Howard S. Jonas,
   CEO, IDT Corporation (November 23, 2009) ("LOI"). IDT Corporation is IDT
   Telecom's parent company.

   See Letter from Carl Wolf Billek, Senior Regulatory Counsel, IDT Telecom,
   Inc. to Marlene H. Dortch, Secretary, Federal Communications Commission
   (December 29, 2009) ("LOI Response").

   Id. at 1.

   Id. at 2. Following receipt of the Division's LOI, IDT Telecom posted the
   required information for its hearing aid-compatible handset models on its
   web site at www.tuyo.com. In addition, IDT Telecom submitted a hearing aid
   compatibility status report for the period January 1, 2009 through
   December 31, 2009 on December 16, 2009. See IDT Telecom, Inc. Hearing Aid
   Compatibility Status Report (filed December 16, 2009) at
   http://wireless.fcc.gov/hac_documents/100317/IDT%20Telecom,%20Inc._7.PDF.
   To date, however, it does not appear that IDT Telecom has submitted its
   January 15, 2009 report.

   47 C.F.R. S: 20.19(i)(1).

   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 Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3450
   P: 112.

   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").

   See ASTCA, 23 FCC Rcd at 16436-7 P: 10.

   Id.

   Id.

   Id.

   Id. at 16437 P: 11. See also Telrite, 23 FCC Rcd at 7244-45 (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 (2008) (same); VCI Company, Notice
   of Apparent Liability for Forfeiture and Order, 22 FCC Rcd 15933, 15940
   (2007) (determining that the failure to file Lifeline and Linkup
   Worksheets was a continuing violation).

   See, e.g., Profit Enterprises, Inc., 8 FCC Rcd 2846, 2846 P: 5 (1993)
   (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, forfeiture ordered, 15 FCC Rcd 23991 (Enf. Bur.
   2000), 15 FCC Rcd 12933, 12935 P: 7 (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.

   In this regard, we note that each manufacturer and service provider is
   required to continuously maintain the required information concerning its
   hearing aid-compatible handset models on its web site and to update the
   web sites within 30 days of a change in its handset offerings.

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

   (Continued from previous page ...)

   (continued ...)

   Federal Communications Commission DA 10-2041

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   Federal Communications Commission DA 10-2041