******************************************************** 
                      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.

*****************************************************************



   May 26, 2010

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   AND FACSIMILE AT 708-458-9990

   Mr. Omar Ahmad

   Chief Executive Officer

   PlatinumTel Communications, LLC

   8108 S. Roberts Road

   Justice, Illinois 60458

   Re: File No. EB-09-SE-185

   Dear Mr. Ahmad:

   This is an official CITATION, issued to PlatinumTel Communications, LLC
   ("PlatinumTel"), 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"), 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
   PlatinumTel 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.

   PlatinumTel, 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 PlatinumTel's apparent
   violation of the hearing aid compatibility reporting requirement to the
   Enforcement Bureau for possible enforcement action. On November 23, 2009,
   the Enforcement Bureau's Spectrum Enforcement Division issued PlatinumTel
   a Letter of Inquiry ("LOI"). PlatinumTel responded to the LOI on December
   22, 2009. In its response, PlatinumTel states that it "has been using
   around 35 handsets that are TTY compatible," and that at any point in time
   a minimum of five hearing aid-compatible handsets have been available to
   its customers. PlatinumTel states further that it "provides virtually all
   the products and services on a wholesale basis to dealers and distributors
   throughout the states," and that "the direct contact with customers, the
   final users of these wireless services, is not (emphasis in original) with
   PlatinumTel, but rather with those dealers and distributors." PlatinumTel
   claims that it therefore did not believe that it was required to be in
   compliance with digital wireless handset hearing aid compatibility status
   report filing requirements or the public web site posting requirements. It
   states that after receiving the LOI, it filed its January 15, 2009 report
   on December 18, 2009, and it is in the process of updating its web site to
   meet the requirements of Section 20.19(h).

   A review of the PlatinumTel web site, however, indicates that PlatinumTel
   considers itself a Mobile Virtual Network Operator ("MVNO"), and that in
   addition to providing its products and services to dealers and
   distributors, it also clearly offers its handsets and services directly to
   consumers on its web site.

   We find that, as a reseller or MVNO, PlatinumTel is a service provider
   subject to the wireless hearing aid compatibility requirements. The
   Commission has made clear that the hearing aid compatibility requirements
   apply to service providers such as resellers and MVNOs. Thus, PlatinumTel
   is a service provider subject to the wireless 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 PlatinumTel 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
   PlatinumTel did not timely file the January 15, 2009 report. Accordingly,
   PlatinumTel 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
   PlatinumTel's web site, and the record before us, it failed to post the
   required information on its web site in violation of section 20.19(h) of
   the Rules.

   PlatinumTel 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, PlatinumTel violates the Communications
   Act or the Commission's rules 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.

   PlatinumTel 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. PlatinumTel'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 Field
   Office, in Park Ridge, Illinois. Please call Katherine Power at
   202-418-0919, if PlatinumTel wishes to schedule a personal interview.
   PlatinumTel should schedule any interview to take place within 30 days of
   the date of this letter. PlatinumTel should send any written statement
   within 30 days of the date of this letter to:

   Katherine Power

   Spectrum Enforcement Division

   Enforcement Bureau

   Re: EB-09-SE-185

   Federal Communications Commission

   445 12th Street, S.W., Rm. 3-A365

   Washington, D.C. 20554

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

   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).

   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. P: 99.

   Id. at 3450 P: 112.

   Id.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Omar Ahmad, CEO,
   PlatinumTel Communications, LLC (November 23, 2009).

   See Letter, in form of an Affidavit, from Omar Ahmad, CEO, PlatinumTel
   Communications, LLC, to Katherine Power, Esq., Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission (December
   18, 2009) ("LOI Response").

   LOI Response at 1.

   Id.

   LOI Response at 2.

   Id. We note that PlatinumTel timely filed its status report that was due
   January 15, 2010.

   See www.platinumtel.com/support/faq (last visited Mar. 2, 2010). One of
   the "Frequently Asked Questions" listed on PlatinumTel's web site is "How
   do I get PlatinumTel Prepaid Wireless Service?" According to the response,
   "You can either visit a PlatinumTel Authorized Retailer in your area, or
   you can purchase a prepaid cell phone from PlatinumTel's Online Store."
   Id. A review of the web site also demonstrated that it is possible to
   order prepaid cell phones and service plans directly from the web site.
   See www.platinumtel.com/phones.

   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, DA 10-85 (Enf. Bur., Spectrum Enf. Div.,
   released January 14, 2010).

   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.

   As of March 2, 2010, PlatinumTel's web site did not evidence compliance
   with section 20.19(h) of the Rules.

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

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

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

   Federal Communications Commission DA 10-938

   1

   2

   Federal Communications Commission DA 10-938

                       FEDERAL COMMUNICATIONS COMMISSION

                             WASHINGTON, D.C. 20554