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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                               
                                                                   
                                   )   File No. EB-09-SE-170       
     In the Matter of                                              
                                   )   NAL/Acct. No. 201132100007  
     Cbeyond Communications, LLC                                   
                                   )   FRN 0003759602              
                                                                   
                                   )                               


                  Notice of apparent Liability for forfeiture

   Adopted: October 26, 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 Cbeyond Communications, LLC ("Cbeyond") d/b/a Beyond Mobile, 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).

   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. Cbeyond failed to timely file the required report for the period from
        July 1, 2008 through December 31, 2008 (due January 15, 2009). The
        Wireless Telecommunications Bureau ("WTB") referred Cbeyond's
        apparent violation of the hearing aid compatibility reporting
        requirements to the Enforcement Bureau for action.

     5. On October 14, 2009, the Spectrum Enforcement Division of the
        Enforcement Bureau sent a Letter of Inquiry ("LOI") to Cbeyond.
        Cbeyond responded to the LOI on December 4, 2009. On December 4,
        2009, Cbeyond also filed its hearing aid compatibility status report
        for the July 1, 2008 through December 31, 2008 reporting period. In
        its report, Cbeyond stated that it is a relatively new service
        provider and was unaware of the requirement to file a hearing aid
        compatibility status report for the calendar year 2008. Cbeyond also
        admitted in its report that it failed to post all of the required
        information concerning its handsets on its publicly-accessible web
        site during the reporting period. Specifically, Cbeyond stated in its
        report that "[d]uring the reporting period, Cbeyond posted on its
        website information describing its hearing aid-compatible models and
        the capabilities of each. The information posted did not include
        ratings, which were developed after the reporting period."

   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 file
        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
        Cbeyond 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. Cbeyond admitted that it did not
        file the required hearing aid compatibility status report on the
        January 15, 2009 due date. Accordingly, we find Cbeyond in apparent
        willful violation of the requirements set forth in Section
        20.19(i)(1) of the Rules.

   B. 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. 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. Cbeyond admitted that it failed to provide ratings
        information for its hearing aid-compatible handset models on its web
        site during the reporting period. Accordingly, we find that Cbeyond
        apparently willfully and repeatedly violated the web site posting
        requirements set forth in Section 20.19(h) of the Rules.

   C. 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 Cbeyond 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.

     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 upward the base forfeiture
        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.
        Cbeyond'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 Cbeyond 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, while Cbeyond did provide some limited information,
        Cbeyond admitted in its Report that it failed to provide information
        about the ratings of its hearing aid-compatible handset models on its
        web site-information that the Commission deemed important for
        consumers with hearing disabilities. Accordingly, we propose a
        forfeiture of $6,000 against Cbeyond 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.

   IV. ORDERING clauses

    14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
        Act, and Section 1.80 of the Rules, Cbeyond 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.

    15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
        within thirty days of the release date of this Notice of Apparent
        Liability for Forfeiture, Cbeyond SHALL PAY the full amount of the
        proposed forfeiture or SHALL FILE a written statement seeking
        reduction or cancellation of the proposed forfeiture.

    16. Payment of the forfeiture must be made by check or similar
        instrument, payable to the order of the Federal Communications
        Commission. The payment must include the NAL/Account Number and FRN
        Number referenced above. Payment by check or money order may be
        mailed to Federal Communications Commission, P.O. Box 979088, St.
        Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
        Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
        Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to
        ABA Number 021030004, receiving bank TREAS/NYC, and account number
        27000001. For payment by credit card, an FCC Form 159 (Remittance
        Advice) must be submitted. When completing the FCC Form 159, enter
        the NAL/Account number in block number 23A (call sign/other ID), and
        enter the letters "FORF" in block number 24A (payment type code).
        Requests for full payment under an installment plan should be sent
        to: Chief Financial Officer -- Financial Operations, 445 12th Street,
        S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
        Financial Operations Group Help Desk at 1-877-480-3201 or Email:
        ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
        Cbeyond also shall send electronic notification to JoAnn Lucanik at
        JoAnn.Lucanik@fcc.gov and Karen Mercer at Karen.Mercer@fcc.gov on the
        date said payment is made.

    17. 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 JoAnn Lucanik at
        JoAnn.Lucanik@fcc.gov and Karen Mercer at Karen.Mercer@fcc.gov.

    18. The Commission will not consider reducing or canceling a forfeiture
        in response to a claim of inability to pay unless the petitioner
        submits: (1) federal tax returns for the most recent three-year
        period; (2) financial statements prepared according to generally
        accepted accounting practices; or (3) some other reliable and
        objective documentation that accurately reflects the petitioner's
        current financial status. Any claim of inability to pay must
        specifically identify the basis for the claim by reference to the
        financial documentation submitted.

    19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
        Liability for Forfeiture  shall be sent by first class mail and
        certified mail return receipt requested to Richard J. Batelaan, Chief
        Operating Officer, Cbeyond Communications, LLC, 320 Interstate North
        Parkway, Suite 500, Atlanta, Georgia 30339, and to John J. Heitmann,
        Esq., Kelley Drye & Warren, 3050 K Street, N.W., Suite 400,
        Washington, D.C. 20007.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Cbeyond also holds Section 214 authority from the Commission to operate as
   a facilities-based carrier.

   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 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, Federal Communications Commission, to Mr. Richard J.
   Batelaan, Chief Operations Officer, Cbeyond, Inc. d/b/a/ Beyond Mobile
   (November 3, 2009) ("LOI").

   See Letter from John J. Heitmann, Counsel to Cbeyond Communications, LLC
   to Ms. Karen Mercer, Spectrum Enforcement Division, Federal Communications
   Commission (December 4, 2009) ("LOI Response"). Cbeyond was granted an
   extension until December 4, 2009, to respond to the LOI. Cbeyond requested
   that its entire response be accorded confidential treatment because it
   contained company-specific and competitively-sensitive information
   concerning its business operations and customers. Id. This kind of blanket
   confidentiality request is overbroad, especially with regard to
   information that is otherwise in the public domain. However, we will defer
   action on the confidentiality request, as we need not disclose potentially
   sensitive information in this NAL. See 47 C.F.R. S: 0.459(d)(3).

   See Cbeyond Communications, LLC Hearing Aid Compatibility Status Report
   (filed December 4, 2009) ("Report") at
   http://fjallfoss.fcc.gov/ecfs/document/view?id=7020351164.

   Id. at Cover Letter.

   Id. at 7-8.

   Id. at 8. It also appears from the information before us that Cbeyond
   failed to provide an explanation of the rating system on its web site.

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

   Report at Cover Letter.

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

   Report at 8. Subsequent to receipt of the LOI, CBeyond posted the required
   information for its hearing aid-compatible handset models on its web site
   at
   www.cbeyond.net/small-business-solutions/core-packages/beyondvoice-mobile-edition/hearing-aid-compatible-(hac)-devices.

   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, 17113, 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 (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., 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.

   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 ...)

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   Federal Communications Commission DA 10-2049

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   Federal Communications Commission DA 10-2049