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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                                                        
                                        )   File No. EB-09-SE-180       
     In the Matter of                                                   
                                        )   NAL/Acct. No. 201132100009  
     Lightyear Network Solutions, LLC                                   
                                        )   FRN 0010045128              
                                                                        
                                        )                               


             ORDER AND Notice OF apparent liability for forfeiture

   Adopted: November 22, 2010 Released: November 22, 2010

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Lightyear Network Solutions, LLC ("Lightyear"), 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 Lightyear 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 consumers with hearing loss
       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. Lightyear failed to file the required hearing aid compatibility status
       report for the period from July 1, 2008 through December 31, 2008 (due
       January 15, 2009). It also appeared that Lightyear did not meet all
       the information posting requirements for its publicly accessible web
       site. The Wireless Telecommunications Bureau ("WTB") referred
       Lightyear'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 Lightyear a Letter of Inquiry ("LOI").
       Lightyear responded to the LOI on December 7, 2009. In its response,
       Lightyear states that for its wireless services, it has a contract
       with Zefcom LLC d.b.a. Telispire PCS ("Telispire"), and further states
       that on January 15, 2009, Telispire filed a hearing aid compatibility
       status report on Lightyear's behalf. Lightyear encloses a copy of the
       Telispire January 15, 2009, hearing aid compatibility status report,
       and a January 7, 2009, letter from Telispire stating that it would
       file the hearing aid compatibility report on Lightyear's behalf,
       provided Lightyear certifies in response to the letter that it carries
       the requisite number of hearing aid-compatible handsets in accordance
       with FCC Rules. Lightyear also states in its response that it has
       always had a publicly accessible web site that provides a complete
       list of hearing aid-compatible models offered and the ratings of those
       models. It further states that it recently upgraded its web site to
       include a rating system explanation for its rated hearing
       aid-compatible handset models.

   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 Lightyear 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 Lightyear. While Commission records
       do confirm that Telispire filed a hearing aid compatibility status
       report on January 15, 2009, Telispire's report fails to satisfy
       Lightyear's filing requirements. The report makes no reference to
       Lightyear and therefore does not provide a discernible way for the
       Commission or consumers to determine the number, model, or technical
       standards of the wireless hearing aid-compatible handsets that
       Lightyear offered -  thus frustrating the main objectives of the
       filing requirement. Regardless of any contractual arrangement between
       Telispire and Lightyear, the relevant Commission rules and orders make
       it clear that the filing obligation ultimately rests with Lightyear.
       Moreover, Lightyear is responsible for the acts or omissions of its
       employees or third party contractors.  Accordingly, we find that
       Lightyear 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.

    8. Lightyear offers a number of wireless phones and plans which are
       advertised on its publicly accessible website. Although Lightyear
       included a list of hearing aid-compatible handsets and their ratings
       on its website, it admitted that it did not include an explanation of
       the hearing aid compatibility rating system on its web site. An
       explanation of the rating system is essential to enable consumers to
       fully understand the available choices and make informed decisions. In
       light of Lightyear's admissions, we find that Lightyear 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

    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 Lightyear 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.

   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 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 loss 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.

   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.
       Lightyear's failure to file the 2009 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.
       Accordingly, we propose a forfeiture of $6,000 against Lightyear 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, Lightyear states that on its publicly accessible web
       site, it provides a list of hearing aid-compatible models offered and
       the ratings of those models; however, Lightyear admits that until
       recently, it failed to provide an explanation of the rating system on
       its web site - information that the Commission deemed important for
       consumers with hearing loss. Lightyear presents 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 Lightyear 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.

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

   IV. ordering clauses

     1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
        Act, and Section 1.80 of the Rules, Lightyear Network Solutions, LLC,
        is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
        of twelve thousand dollars ($12,000) for its failure to file the
        required hearing aid compatibility status report 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.

     2. 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, Lightyear SHALL PAY the full
        amount of the proposed forfeiture or SHALL FILE a written statement
        seeking reduction or cancellation of the proposed forfeiture.

     3. 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.
        Lightyear 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.

   15. 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.

   16. 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.

         1. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 4(j) of
            the Act and Section 20.19(i) of the Rules, Lightyear SHALL SUBMIT
            the report described in paragraph 15 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 Winsel Black at
            Winsel.Black@fcc.gov and James Swartz at James.Swartz@fcc.gov.

   17. 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 John J. Greive, Esq., Vice President and
       General Counsel, Lightyear Network Solutions, LLC, 1901 Eastpoint
       Parkway, Louisville, Kentucky 40223.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Lightyear Network Solutions, LLC 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: 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: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 J. Sherman Henderson III, President & CEO, Lightyear
   Network Solutions, LLC (November 23, 2009) ("LOI").

   See Letter from John Grieve, Vice President and General Counsel, Lightyear
   Network Solutions, LLC, to Spectrum Enforcement Division, Enforcement
   Bureau (December 4, 2009) (received December 7, 2009) ("LOI Response").

   Zefcom LLC doing business as Telispire PCS provides wireless service
   solutions for independent and competitive local exchange companies.

   See Telispire's Hearing Aid Compatibility Status Report (filed January 15,
   2009)("2009 Report") at http:// 
   fjallfoss.fcc.gov/ecfs/document/view?id=6520193653.

   See Letter from David Cook, Telispire, to Steve Ray, Lightyear (January 7,
   2009)(January 7, 2009 letter). The January 7, 2009, letter includes a
   countersignature by Steve Ray, on behalf of Lightyear Network Solutions,
   LLC, certifying that Lightyear meets the hearing aid compatibility
   requirements.

   See LOI Response.

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

   The 2009 Report filed by Telispire via ECFS lists only Zefcom LLC d/b/a
   Telispire under the Section I. Company Information. See 2009 Report. The
   report lists handset models and the months in which the models were
   offered, but provides no information or indicia that any company other
   than Telispire offered the listed handsets during the months reported.
   Furthermore, the cover letter accompanying the 2009 report states that
   Zefcon LLC d/b/a/ Telispire PCS submits "its" Hearing Aid Compatibility
   Status report for Hearing Aid Compatibility Status Report. See Letter from
   Kenneth C. Johnson, Esquire, to Marlene H. Dortch, Secretary, Federal
   Communications Commission (January 15, 2009).

   See, e.g., Eure Family Limited Partnership, Memorandum Opinion and Order,
   17 FCC Rcd 21861, 21863-64 (2002); MTD, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 34, 35 (1991); Wagenvoord Broadcasting Co., Memorandum
   Opinion and Order, 35 FCC 2d 361 (1972).

   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.

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

   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).

   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). 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.

   Federal Communications Commission DA 10-2226

                                       3

   Federal Communications Commission DA 10-2226