Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-09-SE-191       
                                                                         
     Champaign Telephone Company d/b/a   )   NAL/Acct. No. 201132100016  
                                                                         
     CT Communications, Inc.             )   FRN No. 0002926582          
                                                                         
                                         )                               


             ORDER AND Notice of apparent Liability for forfeiture

   Adopted: December 30, 2010 Released: December 30, 2010

   By the Acting Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

   1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
   that the Champaign Telephone Company d/b/a CT Communications, Inc., a
   reseller of mobile wireless services through its operating division, CT
   Wireless (collectively, "CT Communications"), 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"). For this apparent violation, we propose a forfeiture in
   the amount of six thousand dollars ($6,000). We also direct CT
   Communications to file the required wireless handset hearing aid
   compatibility status report within thirty (30) days after 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 here, 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.

   4. CT Communications, a reseller of wireless service through its
   subdivision CT Wireless, 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). The Wireless Telecommunications
   Bureau referred CT Communications's apparent violation of the reporting
   requirements to the Enforcement Bureau for possible enforcement action. On
   November 24, 2009, the Enforcement Bureau's Spectrum Enforcement Division
   ("Division") issued a Letter of Inquiry ("LOI") to CT Communications, via
   its subdivision, CT Wireless. CT Communications responded on December 3,
   2009. In its LOI Response, CT Communications states that it has partnered
   with Zefcom LLC d/b/a Telispire PCS ("Telispire") to provide wireless
   service to customers, and claims that, as such, Telispire filed its
   January 15, 2009 hearing aid compatibility status report on behalf of both
   CT Communications and Telispire.

   III. DISCUSSION

   A. Failure to File Timely Hearing Aid Compatibility Status Report

   5. 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 CT Communications 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 CT Communications. While Commission records do confirm that Telispire
   filed a hearing aid compatibility status report on January 15, 2009,
   Telispire's report fails to satisfy CT Communications's filing
   requirements. The report makes no reference to CT Communications 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 CT Communications offered - 
   thus frustrating the main objectives of the filing requirement. Regardless
   of any contractual arrangement between Telispire and CT Communications
   resulting from their joint efforts to provide wireless service, the
   relevant Commission rules and orders make it clear that the filing
   obligation ultimately rests with CT Communications. Moreover, even if
   there was a contractual arrangement for Telispire to also file a 2009
   Report that included CT Communications, CT Communications would be
   responsible for the acts or omissions of its employees or third party
   contractors.  Accordingly, we find that CT Communications 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.

   B. Proposed Forfeiture

   6. 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 CT
   Communications 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.

   7. 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."

   8. 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 consumers with hearing
   loss. 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.

   9. 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. CT Communications'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. 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 CT Communications 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.

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

   IV. ORDERING clauses

   11.  Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
   Act, and sections 0.111, 0.311, and 1.80 of the Rules, Champaign Telephone
   Company d/b/a CT Communications, Inc. is NOTIFIED of its APPARENT
   LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000)
   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.

   12. 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, Champaign Telephone Company d/b/a CT
   Communications, Inc. SHALL PAY the full amount of the proposed forfeiture
   or SHALL FILE a written statement seeking reduction or cancellation of the
   proposed forfeiture.

   13. 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. Champaign Telephone Company d/b/a
   CT Communications, Inc. also shall send electronic notification to Pamera
   Hairston at Pamera.Hairston@fcc.gov and to Nissa Laughner at
   Nissa.Laughner@fcc.gov on the date said payment is made.

   14. 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 Pamera Hairston at
   Pamera.Hairston@fcc.gov and to Nissa Laughner at Nissa.Laughner@fcc.gov.

   15. 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.

   16. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 4(j) of the
   Act and section 20.19(i) of the Rules, Champaign Telephone Company d/b/a
   CT Communications, Inc. SHALL SUBMIT the report described in paragraph 10
   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
   Pamera Hairston at Pamera.Hairston@fcc.gov, Nissa Laughner at
   Nissa.Laughner@fcc.gov, 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 Michael Conrad, President and General Manager,
   Champaign Telephone Company d/b/a CT Communications, Inc., 126 Scioto
   Street, Urbana, Ohio 43078.

   FEDERAL COMMUNICATIONS COMMISSION

   Ricardo M. Durham

   Acting Chief

   Spectrum Enforcement Division

   Enforcement Bureau

   CT Communications also holds domestic section 214 authorizations.

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

   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
   ("Act"), 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) ("Hearing
   Aid Compatibility Reconsideration Order").

   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  originally provided 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).
   We note that the Commission recently limited the de minimis exception to
   an initial two-year period for manufacturers and service providers that do
   not qualify as "small entities." See Amendment of the Commission's Rules
   Governing Hearing Aid-Compatible Mobile Handsets, Policy Statement and
   Second Report and Order and Further Notice of Proposed Rulemaking, 25 FCC
   Rcd 11167, 11180-11189 P:P: 35-59 (2010) ("Hearing Aid Compatibility
   Second Report and Order").

   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 id. 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; see also Hearing Aid Compatibility Second Report and
   Order, 18 FCC Rcd at 11180-11189 P:P: 35-59 (2010).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Michael Conrad,
   Chief Executive Officer, CT Wireless (November 24, 2009).

   See Letter from Michael Conrad, President and General Manager, CT
   Communications, Inc., to Samantha Peoples, Program Analyst, Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (December 3, 2009) ("LOI Response").

   Id. at 1.

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

   Id.

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

   See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3441 P: 91
   (stating that the hearing aid compatibility status reports will assist the
   Commission in monitoring the progress of implementation of the hearing
   aid-compatible digital wireless handset deployment requirements in section
   20.19 of the Rules, and that the reports will provide valuable information
   to the public concerning hearing aid-compatible handsets); Hearing Aid
   Compatibility Reconsideration Order, 20 FCC Rcd at 11240 P: 41 (same);
   Hearing Aid Compatibility Order, 18 FCC Rcd at 16787 P: 89 (same).

   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
   Zefcom 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 47 C.F.R. S: 20.19(i)(1) (stating that "[s]ervice providers shall
   submit reports on efforts toward compliance with the [hearing aid
   compatibility requirements]"); see e.g., Lightyear Network Solutions, LLC,
   Order and Notice of Apparent Liability for Forfeiture, DA 10-2226 P: 6
   (Enf. Bur., Spectrum Enf. Div. rel. Nov. 22, 2010).

   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),
   consent decree ordered, Order and Consent Decree, 25 FCC Rcd 1494 (2010).

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

   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).

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

   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").

   Id. 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 is a continuing violation); Compass Global, Inc., Notice of
   Apparent Liability for Forfeiture and Order, 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 is a continuing violation).

   See, e.g., Profit Enterprises, Inc., Notice of Apparent Liability for
   Forfeiture,  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, 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 (Mass Med. Bur. 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).

   47 U.S.C. S: 503(b).

   47 C.F.R. S:S: 0.111, 0.311, 1.80.

   Continued from previous page

   (continued ...)

   Federal Communications Commission DA 10-2435

                                       2

   Federal Communications Commission DA 10-2435