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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                 File No. EB-09-SE-151       
     TCT Mobile Ltd.,                        )                               
                                                 NAL/Acct. No. 201032100013  
     a subsidiary of TCL Communication       )                               
     Technology Holdings Ltd.                    FRN 0009221672              
                                             )                               
                                                                             
                                             )                               


                  Notice OF apparent liability for forfeiture

   Adopted: January 14, 2010 Released: January 14, 2010

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that TCT Mobile Limited ("TCT Mobile") apparently willfully and
       repeatedly violated Section 20.19(i)(1) of the Commission's Rules
       ("Rules"), which requires the filing of status reports regarding the
       hearing aid compatibility of wireless handsets. We also find that TCT
       Mobile apparently willfully violated a Commission order by failing to
       respond to a Letter of Inquiry ("LOI") from the Enforcement Bureau.
       Based on our review of facts and circumstances in this matter, we
       conclude that TCT Mobile is apparently liable for a forfeiture in the
       amount of $16,000.

   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.

    4. Commission records, however, indicate that no hearing aid
       compatibility status reports have been filed for TCT Mobile, a
       wireless handset manufacturer. Accordingly, the Wireless
       Telecommunications Bureau ("WTB") referred TCT Mobile's apparent
       violation of the hearing aid compatibility reporting requirements to
       the Spectrum Enforcement Division ("Division") of the Enforcement
       Bureau.

    5. On September 30, 2009, the Division issued TCT Mobile an LOI directing
       the company to provide, within thirty calendar days from the date of
       the letter, certain information and documents regarding the company's
       compliance with the reporting requirements of Section 20.19(i)(1) of
       the Rules. Copies of the LOI were sent to both TCT Mobile and its
       corporate parent, TCL Communication Technology Holdings, Ltd., via
       Federal Express. The copy sent to the address on file at the
       Commission for TCT Mobile was returned undelivered; similarly, an
       attempt to deliver a copy to the fax number on file for TCT Mobile was
       unsuccessful. The copy of the LOI delivered to the corporate parent
       was confirmed by Federal Express tracking as having been received on
       October 16, 2009. To date, the Division has received no response to
       the LOI, and no hearing aid compatibility status reports have been
       filed by TCT Mobile.

   III. discussion

          A. Failure to File Timely Hearing Aid Compatibility Status Reports

    6. Section 20.19(i)(1) of the Rules requires handset manufacturers to
       file hearing aid compatibility status reports initially under the
       current rules on January 15, 2009 (covering the six-month period
       ending December 31, 2008) and then annually beginning July 15, 2009.
       These reports are necessary to enable the Commission to perform its
       enforcement function and evaluate whether TCT Mobile 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 status
       reports on file for TCT Mobile. Accordingly, we find that TCT Mobile
       failed to file two hearing aid compatibility status reports in
       apparent willful and repeated violation of the requirements set forth
       in Section 20.19(i)(1) of the Rules.

     A. Failure to Respond to the LOI

    7. We also find that TCT Mobile's failure to respond to the Division's
       LOI constitutes an apparent willful violation of a Commission order.
       Sections 4(i), 4(j), and 403 of the Act afford the Commission broad
       authority to investigate the entities it regulates. Section 4(i)
       authorizes the Commission to "issue such orders, not inconsistent with
       this Act, as may be necessary in the execution of its functions," and
       Section 4(j) states that "the Commission may conduct its proceedings
       in such manner as will best conduce to the proper dispatch of business
       and to the ends of justice." Likewise, Section 403 grants the
       Commission "full authority and power to institute an inquiry, on its
       own motion ... relating to the enforcement of any of the provisions of
       this Act." Numerous FCC decisions have reaffirmed the Commission's
       authority to investigate potential misconduct and to punish those that
       disregard Commission inquiries.

    8. Congress has directed the Commission to "ensure reasonable access to
       telephone service by persons with impaired hearing." In furtherance of
       that mission, the Division's LOI directed TCT Mobile to provide, by
       October 30, 2009, certain information and documents regarding the
       company's compliance with reporting requirements applicable to
       providers of hearing aid-compatible handsets. Federal Express tracking
       services confirmed that TCT Mobile received the Division's LOI,
       through its corporate parent TCL Communication Holdings, Ltd., on
       October 16, 2009. To date, the Division has received no response to
       its communication. Accordingly, we find that TCT Mobile apparently
       willfully violated a Commission order by failing to provide the
       information requested by the Division.

     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. We conclude
       under this standard that TCT Mobile  is apparently liable for
       forfeiture for its apparent willful and repeated failure to file the
       required status reports in violation of Section 20.19(i)(1) of the
       Rules and for its apparent willful violation of a Commission order to
       provide information.

   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
       requirements are guidelines lending 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 authority, 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 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 upwardly adjusted 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 a hearing aid compatibility report.
       Consistent with ASTCA, we believe the established $6,000 base
       forfeiture for each hearing aid compatibility reporting violation
       should apply here, for an aggregate forfeiture of $12,000 ($6,000 *2
       reporting violations).

   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. Accordingly, we propose a forfeiture of
       $12,000 against TCT Mobile for apparently willfully and repeatedly
       failing to file the January 15, 2009 and the July 15, 2009 hearing aid
       compatibility status reports in violation of Section 20.19(i)(1) of
       the Rules.

   13. Turning to TCT Mobile's failure to respond to the LOI, the
       Commission's Forfeiture Policy Statement and Section 1.80 of the Rules
       also establish a base forfeiture amount of $4,000 for failure to
       respond to Commission communications. TCT Mobile's failure to respond
       to the Division's LOI has hindered our investigation of the company's
       compliance with regulations that ensure the availability of hearing
       aid-compatible handsets. Prompt and complete responses to letters of
       inquiry and other Bureau communications are essential to the
       Commission's enforcement function.

   14. Consistent with precedent in similar cases where a company failed to
       respond to a Bureau directive to provide certain information or
       documents, we find that TCT Mobile's failure to respond to the
       Division's LOI in this instance warrants assessment of the base
       forfeiture amount. We therefore propose a forfeiture in the amount of
       $4,000 against TCT Mobile for failing to respond to a communication
       from the Commission.

   15. Thus, we propose a total forfeiture in the amount of $16,000, $12,000
       for TCT Mobile's apparent willful and repeated failure to file
       required forms in violation of Section 20.19(i)(1) and $4,000 for its
       apparent willful failure to respond to a communication from the
       Commission.

   IV. ordering clauses

   16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, and the authority delegated by
       Sections 0.111 and 0.311 of the Rules, TCT Mobile, Ltd. is NOTIFIED of
       its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen
       thousand dollars ($16,000) for its failure to file required hearing
       aid compatibility status reports in willful and repeated violation of
       Section 20.19(i)(1) of the Rules and for its willful violation of a
       Commission order.

   17. 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, TCT Mobile SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   18. 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. TCT Mobile will also send electronic
       notification on the date said payment is made to JoAnn Lucanik at
       JoAnn.Lucanik@fcc.gov and to Kevin M. Pittman at
       Kevin.Pittman@fcc.gov.

   19. 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 at JoAnn.Lucanik@fcc.gov and to Kevin M.
       Pittman at Kevin.Pittman@fcc.gov.

   20. 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.

   21. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Federal Express to TCT Mobile Limited,
       4/F, South Building, No. 2966, Jinke Road, Zhangjiang High-Tech Park,
       Pudong, Shanghai 201203, People's Republic of China, and shall also be
       sent to TCL Communication Technology Holdings, Ltd., 15/F, TCL Tower,
       Gaoxin Nanxi Road, Nanshan District, Shenzhen, Guangdong 518057,
       People's Republic of China.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   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, 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:S: 20.19(b)(1) and (2).

   The term "air interface" refers to the technical protocol that ensures
   compatibility between mobile radio service equipment, such as handsets,
   and the service provider's base stations. Currently, the leading air
   interfaces include Code Division Multiple Access (CDMA), Global System for
   Mobile Communications (GSM), Integrated Dispatch 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), (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 Compatibility First Report and Order,  23 FCC Rcd at 3445-46
   P:P: 97-99.

   Id. at 3446 P: 99.

   TCT Mobile holds equipment certifications for numerous digital wireless
   handsets. See, e.g., FCC ID RAD111 (granted 4/24/2009); FCC ID RAD104
   (granted 04/13/2009); FCC ID RAD084 (granted 12/24/2008); FCC ID RAD060
   (granted 08/01/2007); FCC ID RAD054 (granted 04/30/2007); FCC ID RAD036
   (granted 11/07/2006); FCC ID RAD034 (granted 07/27/2006); FCC ID RAD014
   (granted 09/22/2005).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Mr. Gong Zhizhou,
   TCT Mobile Ltd. (Sep. 30, 2009), with carbon copy to Mr. Li Dongshen,
   Chairman, TCL Communication Technology Holdings, Ltd. ("LOI").

   We note that TCT Mobile is an ongoing concern and in the past year has
   received numerous grants of equipment certification from the Commission.
   The Bureau's LOI was sent to the address set forth by the company in its
   applications for those authorizations.

   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); 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).

   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). See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana,
   Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359,
   1362 P: 10 (2001).

   47 U.S.C. S: 154(i).

   47 U.S.C. S: 154(j).

   47 U.S.C. S: 403.

   See, e.g., Connect Paging, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 22 FCC Rcd 6303, 6306 (Enf. Bur. 2007) (proposing
   forfeiture of $4,000 for failure to respond to an LOI); Digital Antenna,
   Inc.,  Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd
   7600, 7602 (Enf. Bur., Spectrum Enf. Div. 2008) (proposing forfeiture of
   $11,000 for failure to provide a complete response to two letters of
   inquiry); Hauppauge Computer Works, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 23 FCC Rcd 3684, 3688 (Enf. Bur., Spectrum Enf. Div.
   2008) (proposing forfeiture of $11,000 for failure to provide a complete
   response to two letters of inquiry).

   47 U.S.C. S: 610(a).

   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).

   See 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 (1997) , recon. denied,  15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement"); 47 C.F.R. S: 1.80(b).

   See Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22, 17101 P: 29
   (1997); 47 C.F.R. S:1.80(b)(4) Note to paragraph (b)(4): Section II.
   Adjustment Criteria for Section 503 Forfeitures ("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.").

   47 U.S.C. S: 503(b)(2)(E);  47 C.F.R. S: 1.80(b)(4).

   See American Samoa Telecommunications Authority, Notice of Apparent
   Liability for Forfeiture, 23 FCC Rcd 16432 (Enf. Bur., Spectrum Enf. Div.
   2008), response received ("ASTCA NAL").

   Id. at P: 10.

   Id.

   Id.

   Id.

   Forfeiture Policy Statement,  12 FCC Rcd at 17114; 47 C.F.R. S:
   1.80(b)(4).

   See, e.g., Connect Paging, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 22 FCC Rcd 6303 (Enf. Bur. 2007) (proposing
   forfeiture of $4,000 for failure to respond to an LOI).

   Federal Communications Commission DA 10-81

                                       2

   Federal Communications Commission DA 10-81