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   May 26, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT 602-307-4591

   Mr. David O'Toole, Business Manager - Telecom

   Circle K Stores, Inc.

   P.O. Box 52085

   Phoenix, Arizona 85072-2085

   Re: File No. EB-09-SE-174

   Dear Mr. O'Toole:

   This is an official CITATION issued to Circle K Stores, Inc. ("Circle K"),
   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 Circle K 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.

   Circle K did not file a hearing aid compatibility status report prior to
   the January 15, 2009 deadline. The Wireless Telecommunications Bureau
   referred Circle K'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 Circle K a Letter of Inquiry ("LOI"). Circle K responded
   to the LOI on November 11, 2009, stating that it does not believe that it
   is subject to the provisions of Section 20.19. Circle K stated that it
   purchases the Talk and Go program, both handsets and airtime pins, from an
   external source. Circle K further asserted that it has no present
   involvement in the operation of a wireless telephone service nor has it
   ever been involved in the operation of a wireless telephone service.

   We find that, as a reseller of wireless services, Circle K is a service
   provider subject to the wireless handset hearing aid compatibility
   requirements. Circle K purchases handsets and airtime pins from an
   external source and resells the handsets and airtime pins to customers.
   The Commission has made clear that the hearing aid compatibility
   requirements apply to service providers such as resellers. Thus, Circle K
   is a service provider subject to the wireless handset hearing aid
   compatibility requirements. Under section 20.19(i)(1) of the Rules, all
   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 Circle K 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 Circle K did not file the January 15, 2009 report. Accordingly,
   Circle K violated the hearing aid compatibility status report filing
   requirements set forth in section 20.19(i)(1) of the Rules.

   Circle K 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, Circle K 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.

   Circle K 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.
   Circle K'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 San Diego District
   Office, in San Diego, California. Please call Samantha Peoples at
   202-418-1101, if Circle K wishes to schedule a personal interview. Circle
   K should schedule any interview to take place within 30 days of the date
   of this letter. Circle K 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-174

   Federal Communications Commission

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

   Washington, D.C. 20554

   Under the Privacy Act of 1974, we are informing Circle K that the
   Commission's staff will use all relevant material information before it,
   including information that Circle K discloses in its interview or written
   statement, to determine what, if any, enforcement action is required to
   ensure Circle K'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 Circle K 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, Federal Communications Commission, to Geoffrey Haxel,
   Vice President, Circle K Talk & Go (October 20, 2009).

   See Letter from David O'Toole, Business Manager - Telecom, Circle K
   Stores, to Samantha N. Peoples, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (November 11, 2009).

   Id. at 2.

   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.").

   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).

   To date, Circle K still has not filed the January 15, 2009 report.

   We note that on January 11, 2010, Circle K did file its report that was
   due January 15, 2010.

   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 10-933

   1

   2

   Federal Communications Commission DA 10-933

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554