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


                                      )                               
                                                                      
                                      )   File No. EB-09-SE-181       
     In the Matter of                                                 
                                      )   NAL/Acct. No. 201032100014  
     Locus Telecommunications, Inc.                                   
                                      )   FRN 0010729515              
                                                                      
                                      )                               


                  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 Locus Telecommunications, Inc. ("Locus"), a reseller of digital
       wireless services, apparently willfully violated the wireless handset
       hearing aid compatibility status report filing requirements set forth
       in Section 20.19(i)(1) of the Commission's Rules ("Rules") and
       apparently willfully and repeatedly violated the public web site
       posting requirements set forth in Section 20.19(h) of the Rules. For
       these apparent violations, we propose a total forfeiture in the amount
       of twelve thousand dollars ($12,000).

   II. BACKGROUND

    2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
       several measures to enhance the ability of individuals with hearing
       disabilities to access digital wireless telecommunications. The
       Commission established technical standards that digital wireless
       handsets must meet to be considered compatible with hearing aids
       operating in acoustic coupling and inductive coupling (telecoil)
       modes. The Commission further established, for each standard,
       deadlines by which manufacturers and service providers were required
       to offer specified numbers or percentages of digital wireless handsets
       per air interface that are compliant with the relevant standard if
       they did not come under the de minimis exception. In February 2008, as
       part of a comprehensive reconsideration of the effectiveness of the
       hearing aid compatibility rules, the Commission released an order
       that, among other things, adopted new compatible handset deployment
       benchmarks beginning in 2008.

    3. Of primary relevance, the Commission also adopted reporting
       requirements to ensure that it could monitor the availability of these
       handsets and to provide valuable information to the public concerning
       the technical testing and commercial availability of hearing
       aid-compatible handsets, including on the Internet. The Commission
       initially required manufacturers and digital wireless service
       providers to report every six months on efforts toward compliance with
       the hearing aid compatibility requirements for the first three years
       of implementation (May 17, 2004, November 17, 2004, May 17, 2005,
       November 17, 2005, May 17, 2006 and November 17, 2006), and then
       annually thereafter through the fifth year of implementation (November
       19, 2007 and November 17, 2008). In its 2008 Hearing Aid Compatibility
       First Report and Order, the Commission extended these reporting
       requirements with certain modifications on an open ended basis,
       beginning January 15, 2009. The Commission also made clear that these
       reporting requirements apply to service providers that fit within the
       de minimis exception. In addition, the Commission instituted a
       requirement that manufacturers and service providers with
       publicly-accessible web sites maintain a list of hearing
       aid-compatible handset models and 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, will enable consumers to obtain up-to-date
       hearing aid compatibility information from their service providers.

    4. Locus failed to file the required hearing aid compatibility status
       report for the period July 1, 2008 through December 31, 2008 (due
       January 15, 2009). Locus also failed to post on its web site required
       information concerning the ratings and level of functionality of its
       hearing aid-compatible handset models. The Wireless Telecommunications
       Bureau ("WTB") referred Locus's apparent violation of the reporting
       requirement to the Enforcement Bureau for possible enforcement action.

    5. On November 20, 2009, the Enforcement Bureau's Spectrum Enforcement
       Division ("Division") issued Locus a Letter of Inquiry ("LOI"), to
       which Locus responded on December 11, 2009. In its LOI Response, Locus
       admitted that it failed to submit the status report on January 15,
       2009. Locus explained that it was unaware of the filing requirements
       until it received the LOI. Locus further admitted that while it lists
       on its web site the handsets the company currently offers, it failed
       to "highlight" those handsets that are hearing aid-compatible, provide
       information on the ratings of those models and explain the rating
       system. Locus stated that it would take necessary steps to come into
       compliance with the requirements of Sections 20.19(h) and (i)(1) of
       the Rules.

   III. DISCUSSION

     A. Failure to File Timely Hearing Aid Compatibility Status Report

    6. Section 20.19(i)(1) of the Rules requires service providers to submit
       hearing aid compatibility status reports under the current rules
       initially 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 Locus 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.  Locus
       admitted that it did not file the required hearing aid compatibility
       status report on January 15, 2009. Accordingly, we find that Locus
       failed to timely file the hearing aid compatibility status reports due
       on January 15, 2009 in apparent willful violation of the requirements
       set forth in Section 20.19(i)(1) of the Rules.

     A. Failure to Post Required Information Concerning Hearing
        Aid-Compatible Handset Models on its Public Web Site

    7. Section 20.19(h) of the Rules requires that, beginning January 15,
       2009, each manufacturer and service provider that operates a
       publicly-accessible web site make available on its web site a list of
       all hearing aid-compatible handset models currently offered, the
       ratings of those models, and an explanation of the rating system.
       Section 20.19(h) also requires service providers to post on their web
       sites the level of functionality of each model and an explanation of
       the service provider's methodology for designating levels of
       functionality. In addition, the Commission has stated that any changes
       to a manufacturer's or service provider's offerings must be reflected
       on its public web site listing within 30 days of the change. These web
       site postings provide consumers up-to-date hearing aid compatibility
       information.

    8. Locus offers a number of wireless phones and plans which are
       advertised on its publicly accessible website. Locus admitted,
       however, that it did not distinguish the handsets that are hearing
       aid-compatible, which would make it impossible for consumers to
       determine which handsets had this functionality. In addition, Locus
       failed to provide information on the ratings of those models and an
       explanation of the rating system. Locus also did not specify the level
       of functionality for each model and provide an explanation of its
       methodology for designating levels of functionality on its web site.
       Accordingly, we find that Locus failed to 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 Locus is apparently liable for forfeiture
       for its failure to timely file the required hearing aid compatibility
       status report in apparent willful violation of Section 20.19(i)(1) of
       the Rules, and for its failure to post the required information
       regarding its hearing aid-compatible handsets on its web site in
       apparent willful and repeated violation of Section 20.19(h) of the
       Rules.

   10. The Commission's Forfeiture Policy Statement and Section 1.80(b) of
       the Rules set a base forfeiture amount of $3,000 for the failure to
       file required forms or information. While the base forfeiture
       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 discretion, we are required to take into
       account "the nature, circumstances, extent, and gravity of the
       violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   11. We have exercised our discretion to set a higher base forfeiture
       amount for violations of the wireless hearing aid compatibility
       reporting requirements. In the American Samoa Telecommunications
       Authority NAL, we found that the status reports are essential to the
       implementation and enforcement of the hearing aid compatibility rules.
       The Commission relies on these reports to provide consumers with
       information regarding the technical specifications and commercial
       availability of hearing aid-compatible digital wireless handsets and
       to hold the digital wireless industry accountable to the increasing
       number of hearing-impaired individuals. We noted that when setting an
       $8,000 base forfeiture for violations of the hearing aid-compatible
       handset labeling requirements, the Commission emphasized that
       individuals with hearing impairments could only take advantage of
       critically important public safety benefits of digital wireless
       services if they had access to accurate information regarding hearing
       aid compatibility features of handsets. We also noted that the
       Commission has 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 violation of the hearing aid compatibility reporting
       requirement should apply here, for a proposed forfeiture of $6,000.

   12. Failure to file these reports, as is the case here, can have an
       adverse impact on the Commission's ability to ensure the commercial
       availability of hearing aid-compatible digital wireless handsets, to
       the detriment of consumers. Locus's failure to file the report on time
       had an adverse impact on the Commission's ability to 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 Locus 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. Turning to the violation of the website posting requirements, no base
       forfeiture amount has previously been established for violation of
       Section 20.19(h) of the Rules. However, the fact that the Forfeiture
       Policy Statement does not specify a base amount does not indicate that
       no forfeiture should be imposed. The Forfeiture Policy Statement
       states that "any omission of a specific rule violation" from the
       forfeiture guidelines "should not signal that the Commission considers
       any unlisted violation as nonexistent or unimportant." The Commission
       retains the discretion, moreover, to depart from the Forfeiture Policy
       Statement and issue forfeitures  on a case-by-case basis, under its
       general forfeiture authority contained in Section 503 of the Act. As
       noted above, the base forfeiture amount for "failure to file required
       forms or information" is $3,000. In determining the appropriate
       forfeiture amount for violation of the web site information posting
       requirements, we take into account 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.
       Thus, we view a manufacturer's or service provider's failure to list
       the required hearing aid-compatible handset information on its web
       site as similar to its failure to submit the required hearing aid
       compatibility status report.

   14. In particular, we find 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. As the Commission noted in the 2008
       Hearing Aid Compatibility First Report and Order, information provided
       in the status reports will inevitably become dated over the course of
       a year. 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, the same considerations that led
       us to increase the base forfeiture for hearing aid compatibility
       status reporting violations also apply to the requirement for web
       posting. We therefore establish $6,000 as the base forfeiture amount
       for violation of Section 20.19(h).

   15. As noted above, Locus acknowledged that in addition to its failure to
       identify which of its handset offerings were hearing aid-compatible,
       it also failed to provide information about the ratings of its hearing
       aid-compatible handset models or an explanation of the rating system
       on its web site, and did not specify the level of functionality for
       each model and provide an explanation of its methodology for
       designating levels of functionality on its web site. Locus 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 Locus 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.

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

   IV. ORDERING clauses

   17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Locus IS NOTIFIED of its APPARENT
       LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars
       ($12,000) for failing to file its hearing aid compatibility status
       report in apparent willful violation of Section 20.19(i)(1) of the
       Rules, and for failing to post required information concerning its
       hearing aid-compatible handset models on its public web site in
       apparent willful and repeated violation of Section 20.19(h) of the
       Rules.

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

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

   20. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to the Office of the Secretary, Federal Communications
       Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN:
       Enforcement Bureau - Spectrum Enforcement Division, and must include
       the NAL/Acct. No. referenced in the caption. The statement should also
       be emailed to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and
       Karen.Mercer@fcc.gov.

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

   22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by first class mail and certified mail
       return receipt requested to Mr. Nelson J. Gomez, VP-Risk Management,
       Locus Telecommunications, Inc., 111 Sylvan Avenue, Englewood, New
       Jersey 07632.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   Locus Telecommunications, Inc. 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) ("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 Compatibility First Report and Order, 23 FCC Rcd at 3443 P:
   91.

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16787 P: 89; see also
   Wireless Telecommunications Bureau Announces Hearing Aid Compatibility
   Reporting Dates for Wireless Carriers and Handset Manufacturers, Public
   Notice, 19 FCC Rcd 4097 (Wireless Tel. Bur. 2004).

   See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3445-46
   P:P: 97-99.

   Id. at P: 99.

   Id. at 3450 P: 112.

   Id.

   See Letter from Kathy S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Jason Chon,
   President and CEO, Locus Telecommunications, Inc. (November 20, 2009)
   ("LOI").

   See Letter from Nelson J. Gomez, VP-Risk Management, Locus
   Telecommunications, Inc. to Karen Mercer, Spectrum Enforcement Division,
   Enforcement Bureau. Federal Communications Commission (December 11, 2009)
   ("LOI Response").

   Id. at 1.

   Id.

   Id. at 2.

   Id. at 1 and 2. Locus did not take steps to comply with the rules until
   after it received the Division's LOI. Apparently, Locus then posted the
   required information for its hearing aid-compatible handset models on its
   web site at www.shoplocus.com. To date, however, it does not appear that
   Locus has submitted its January 15, 2009 report.

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

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 P: 5 (1991),
   recon. denied, 7 FCC Rcd 3454 (1992) ("Southern California"); see also
   Telrite Corporation, Notice of Apparent Liability for Forfeiture, 23 FCC
   Rcd 7231, 7237 P: 12 (2008); 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.

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

   Section 312(f)(2) defines "repeated" as "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).

   47 C.F.R. S: 1.80(b).

   See Forfeiture Policy Statement, 12 FCC Rcd  at 17099 P: 22, 17101 P: 29.
   See also 47 C.F.R. S:1.80(b)(4) ("The Commission and its staff may use
   these guidelines in particular cases [and] retain the discretion to issue
   a higher or lower forfeiture than provided in the guidelines, to issue no
   forfeiture at all, or to apply alternative or additional sanctions as
   permitted by the statute.") (emphasis added).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

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

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

   Id.

   Id.

   Id.

   See, e.g., Profit Enterprises, Inc., 8 FCC Rcd 2846, 2846 P: 5 (1993)
   (denying the mitigation claim of a manufacturer/distributor who thought
   that the equipment certification and marketing requirements were
   inapplicable, stating that its "prior knowledge or understanding of the
   law is unnecessary to a determination of whether a violation existed ...
   ignorance of the law is [not] a mitigating factor"); Lakewood Broadcasting
   Service, Inc., 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., 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., 8 FCC Rcd 784, 784 P: 2 (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 Forfeiture Policy Statement, 12 FCC Rcd at 17099.

   Id.

   47 C.F.R. S: 1.80(b).

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

   Id.

   Id.

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

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

   (Continued from previous page ...)

   (continued ...)

   Federal Communications Commission DA 10-83

   2

   Federal Communications Commission DA 10-83