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   May 26, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT 503-675-8989

   Mr. John Marick, CEO

   Consumer Cellular, Inc.

   7204 SW Durham Road

   Suite 300

   Portland, Oregon 97224-7574

   Re: File No. EB-09-SE-175

   Dear Mr. Marick:

   This is an official CITATION, issued to Consumer Cellular, Inc. ("Consumer
   Cellular"), a reseller of wireless services, 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"). As explained below, future violations of the Commission's rules
   in this regard may subject Consumer Cellular 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 service providers that fit within
   the de minimis exception.

   Consumer Cellular did not file a hearing aid compatibility status report
   prior to the January 15, 2009 deadline. The Wireless Telecommunications
   Bureau referred Consumer Cellular's apparent violation of the hearing aid
   compatibility reporting requirement to the Enforcement Bureau for possible
   enforcement action. On October 14, 2009, the Enforcement Bureau's Spectrum
   Enforcement Division issued Consumer Cellular a Letter of Inquiry ("LOI").
   Consumer Cellular responded to the LOI by letter dated November 11, 2009.
   In the LOI response, Consumer Cellular acknowledges that it did not timely
   file the hearing aid compatibility report on January 15, 2009. Consumer
   Cellular explains that it did not file the report because it was unaware
   of its obligation to make such a filing. Consumer Cellular states that it
   filed the required report promptly on November 8, 2009, after learning of
   its obligation to do so. In addition, Consumer Cellular notes that it was
   in compliance with its "underlying legal obligations to provide all
   legally-required hearing-aid compatible handsets to the public."

   Under section 20.19(i)(1) of the Rules, all service providers, including
   resellers, 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 Consumer Cellular 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.  Based on the record before us, we find
   that Consumer Cellular did not timely file the January 15, 2009 report.
   Accordingly, Consumer Cellular violated the hearing aid compatibility
   status report filing requirements set forth in section 20.19(i)(1) of the
   Rules.

   Consumer Cellular 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, Consumer Cellular 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.

   Consumer Cellular 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. Consumer Cellular'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 Portland District
   Office, in Portland, Oregon. Please call Celia Lewis at 202-418-7456, if
   Consumer Cellular wishes to schedule a personal interview. Consumer
   Cellular should schedule any interview to take place within 30 days of the
   date of this letter. Consumer Cellular should send any written statement
   within 30 days of the date of this letter to:

   Celia Lewis

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-175

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-A360

   Washington, D.C. 20554

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

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

   We thank Consumer Cellular in advance for its anticipated cooperation.

   Sincerely,

   Kathryn Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   cc: Jonathan Lee, Esq.

   JD Lee Consulting, LLC

   1776 I Street, N.W.

   Suite 900

   Washington, D.C. 20006

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

   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).

   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  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 P: 99.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John Marick,
   CEO, Consumer Cellular (October 14, 2009).

   See Letter from John Marick, CEO, Consumer Cellular, to Celia Lewis,
   Paralegal Specialist, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission (November 11, 2009) ("LOI Response").

   LOI Response at 1.

   Id. at 2.

   LOI Response at 1-2. See Consumer Cellular, Inc. Hearing Aid Compatibility
   Report (filed November 8, 2009) at
   http://fjallfoss.fcc.gov/ecfs/document/view?id=7020347130.

   LOI Response at 2.

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

   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 10-930

   1

   4

   Federal Communications Commission DA 10-930

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554