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                                January 14, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT 305 538 2009

   Mr. Thomas R. Hennen, Esq.

   Senior Counsel for

   7-Eleven, Inc.

   Store Support Center, One Arts Plaza

   1722 Routh Street, Suite 1000

   Dallas, Texas 75201-2506

   Re: File No. EB-09-SE-167

   Dear Mr. Hennen:

   This is an official CITATION, issued to 7-Eleven, Inc. ("7-Eleven")
   pursuant to section 503(b)(5) of the Communications Act of 1934, as
   amended ("Act"), for violating the digital wireless handset hearing aid
   compatibility status report filing requirements set forth in section
   20.19(i)(1) of the Commission's Rules ("Rules"), and the public web site
   posting requirements set forth in section 20.19(h) of the Rules. As
   explained below, future violations of the Commission's rules in this
   regard may subject 7-Eleven to monetary forfeitures.

   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. 

   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 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.

   7-Eleven, which offers prepaid wireless service under its SPEAK OUT
   WIRELESS(R) ("SPEAK OUT") program, did not file a hearing aid
   compatibility status report prior to the January 15, 2009 deadline. The
   Wireless Telecommunications Bureau referred 7-Eleven's apparent violation
   of the hearing aid compatibility reporting requirement to the Enforcement
   Bureau for possible enforcement action. On November 3, 2009, the
   Enforcement Bureau's Spectrum Enforcement Division issued 7-Eleven a
   Letter of Inquiry ("LOI"). 7-Eleven responded to the LOI on November 12,
   2009. In its response, 7-Eleven states that it does not believe it is a
   telecommunications service provider or a Mobile Virtual Network Operator
   ("MVNO"), but states that it resells private label prepaid wireless
   telephones and cards to customers under its SPEAK OUT brand. It further
   states that it "purchases phones directly from various phone manufacturers
   and the prepaid wireless cards and services from Ztar Mobile, Inc.
   ("Ztar")." 7-Eleven states that it understands from Ztar that Ztar is
   considered to be an MVNO.

   We find that, as a reseller, 7-Eleven is a service provider subject to the
   wireless hearing aid compatibility handset requirements. 7-Eleven
   purchases prepaid wireless cards and services from Ztar and resells the
   cards and services to customers under its SPEAK OUT brand. The Commission
   has made clear that the hearing aid compatibility handset requirements
   apply to service providers such as resellers. Thus, 7-Eleven is a service
   provider subject to the wireless hearing aid compatibility handset
   requirements. Under section 20.19(i)(1) of the Rules, service providers
   must file hearing aid compatibility status reports initially on January
   15, 2009, and annually thereafter. These reports are necessary to enable
   the Commission to perform its enforcement function and evaluate whether
   7-Eleven 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.  7-Eleven did not file the January 15, 2009
   report. Accordingly, 7-Eleven violated the hearing aid compatibility
   status report filing requirements set forth in section 20.19(i)(1) of the
   Rules.

   Section 20.19(h) of the Rules requires that, beginning January 15, 2009,
   each manufacturer and service provider that operates a publicly-accessible
   web site make available on its web site a list of all hearing
   aid-compatible handset models currently offered, the ratings of those
   models, and an explanation of the rating system. In addition, the
   Commission has stated that any changes to a manufacturer's or service
   provider's offerings must be reflected on its public web site listing
   within 30 days. These web site postings provide consumers up-to-date
   hearing aid compatibility information. Based on our review of 7-Eleven's
   web site, it failed to post the required information on its web site in
   violation of section 20.19(h) of the Rules.

   7-Eleven should take prompt action to ensure that it does not continue to
   violate the Commission's wireless hearing aid compatibility rules. If,
   after receipt of this Citation, 7-Eleven violates the Communications Act
   or the Commission's rules or orders in any manner described herein, the
   Commission may impose monetary forfeitures not to exceed $150,000 for each
   such violation or each day of a continuing violation. 

   7-Eleven may respond to this citation within 30 days from the date of this
   letter either through (1) a personal interview at the Commission's Field
   Office nearest to your place of business, or (2) a written statement.
   7-Eleven's response should specify the actions that it is taking to ensure
   that it does not violate the Commission's rules governing the filing of
   hearing aid compatibility status reports in the future.

   The nearest Commission field office appears to be the Dallas District
   Office, in Dallas, Texas. Please call Jacqueline Johnson at 202-418-2871,
   if 7-Eleven wishes to schedule a personal interview. 7-Eleven should
   schedule any interview to take place within 30 days of the date of this
   letter. 7-Eleven should send any written statement within 30 days of the
   date of this letter to:

   Jacqueline Johnson

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-167

   Federal Communications Commission

   445 12th Street, S.W., Rm. 4-A431

   Washington, D.C. 20554

   Under the Privacy Act of 1974, we are informing 7-Eleven that the
   Commission's staff will use all relevant material information before it,
   including information that 7-Eleven discloses in its interview or written
   statement, to determine what, if any, enforcement action is required to
   ensure 7-Eleven's compliance with the Communications Act and the
   Commission's rules and orders.

   The knowing and willful making of any false statement, or the concealment
   of any material fact, in response to this citation is punishable by fine
   or imprisonment.

   We thank 7-Eleven in advance for its anticipated cooperation.

   Sincerely,

   Kathryn Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S:S: 20.19(i)(1), 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), (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 Aid Compatibility First Report and Order, 23 FCC Rcd at
   3445-46 P:P: 97-99.

   Id. P: 99.

   Id. at 3450 P: 112.

   Id.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau to Joseph M. DePinto, President/CEO, 7-Eleven, Inc.
   (November 3, 2009).

   See Letter from Thomas R. Hennen, Senior Counsel, 7-Eleven, Inc., to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau (November 11, 2009).

   Id.

   See e.g., Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at
   3424 P: 46 (concluding that a three-month extension of deadlines for
   meeting the handset deployment benchmarks is appropriate with regard to
   "service providers that are not Tier I nationwide providers, including
   regional and smaller providers, such as Tier II and Tier III carriers, and
   other service providers such as resellers and MVNOs.").

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

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

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

   We note that 7-Eleven's web site promotes four handset models for use with
   its SPEAK OUT program: the Sanyo 2400, LG5225, Nokia 1600 and Motorola
   C139. See
   http://www.7-eleven.com/NewsRoom/NewsRoom2008/7ElevenMakesPrepaidWirelessMore
   Competitive. Thus, it does not appear that 7-Eleven falls within the de
   minimis exception. See 47 C.F.R. S: 20.19(e).

   See 47 C.F.R. S: 1.80(b)(3).

   See 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001.

   Federal Communications Commission DA 10-85

   1

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   Federal Communications Commission DA 10-85

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554