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                                  May 26, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   Ms. Lanna Kang, Owner

   eCallPlus

   1523 N. Oakmont Drive

   Vernon Hills, Illinois 60061

   Re: File No. EB-09-SE-173

   Dear Ms. Kang:

   This is an official CITATION, issued to eCallPlus, 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
   eCall 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.

   eCallPlus, a reseller of wireless service, did not file a hearing aid
   compatibility status report prior to the January 15, 2009 deadline. The
   Wireless Telecommunications Bureau referred eCallPlus's apparent violation
   of the hearing aid compatibility reporting requirement to the Enforcement
   Bureau for possible enforcement action. On October 20, 2009, the
   Enforcement Bureau's Spectrum Enforcement Division issued eCallPlus a
   Letter of Inquiry ("LOI"). eCallPlus responded to the LOI on November 19,
   2009. In its response, eCallPlus stated that it did not file the hearing
   aid compatibility status report by January 15, 2009 because it is not a
   wireless telephone provider or a Mobile Virtual Network Operator ("MVNO").
   A review of eCallPlus's website, however, indicates that it resells
   prepaid wireless cards and services and that it offers one wireless
   handset model. According to the Commission's records, eCallPlus also has
   not filed its hearing aid compatibility status report that was due January
   15, 2010.

   We find that, as a reseller of wireless services, eCallPlus is a service
   provider subject to the wireless handset hearing aid compatibility
   requirements. eCallPlus resells prepaid wireless cards and services. The
   Commission has made clear that the hearing aid compatibility requirements
   apply to service providers such as resellers. Thus, eCallPlus is a service
   provider subject to the wireless handset hearing aid compatibility
   requirements. Under section 20.19(i)(1) of the Rules, service providers,
   including de minimis 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 eCallPlus 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.  eCallPlus did not file
   either the January 15, 2009 report or the January 15, 2010 report.
   Accordingly, eCallPlus violated the hearing aid compatibility status
   report filing requirements set forth in section 20.19(i)(1) of the Rules.

   eCallPlus 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, eCallPlus 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. 

   eCallPlus 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. eCallPlus'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 Chicago District
   Office, in Park Ridge, Illinois. Please call Samantha Peoples at
   202-418-1101 if eCall wishes to schedule a personal interview. eCallPlus
   should schedule any interview to take place within 30 days of the

   date of this letter. eCallPlus should send any written statement within 30
   days of the date of this letter to:

   Samantha Peoples

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-173

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-A267

   Washington, D.C. 20554

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

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau to Lanna Kang, Owner, eCallPlus (October 20, 2009).

   See Email response to Letter of Inquiry (LOI) from Lanna Kang, Owner
   eCallPlus, to Samantha Peoples, Program Analyst, Spectrum Enforcement
   Division, Enforcement Bureau (November 11, 2009).

   Id. at 2.

   See www.ecallplus.com. Specifically, eCallPlus's website indicates that
   "eCallPlus.com has been providing state-of-the-art nationwide prepaid
   cellular service since October of 2000." See
   www.ecallplus.com/contact.html. eCallPlus offers two prepaid wireless
   service plans on the Verizon (CDMA) network, H2O Wireless and H2O Plus,
   and three prepaid plans on the AT&T (GSM) network, O2 Wireless, O2 Plus
   and O2 Unlimited. In addition, eCallPlus's website indicates that it
   offers one GSM handset model, the LG C1500.

   See e.g., Hearing 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.").

   See 7-Eleven, Inc., Citation, 25 FCC Rcd 344, 346 (Enf. Bur., Spectrum
   Enf. Div. 2010).

   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 10-932

   2

   2

   Federal Communications Commission DA 10-932

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554