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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                           File No.: EB-11-SE-053       
                                            )                                
     Keystone Wireless, LLC d.b.a. Immix        NAL/Acct. No.: 201232100001  
     Wireless                               )                                
                                                FRN: 0019600535              
                                            )                                
                                                                             
                                            )                                


                  Notice of apparent Liability for forfeiture

   Adopted: October 28, 2011 Released: October 28, 2011

   By the Chief, Enforcement Bureau:

   I. introduction 

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we
       propose a forfeiture in the amount of one hundred thousand dollars
       ($100,000) against Keystone Wireless, LLC d.b.a. Immix Wireless
       ("Keystone Wireless"). As detailed herein, we find that Keystone
       Wireless apparently willfully and repeatedly violated sections
       20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Commission's rules
       ("Rules"). We further find that some of the apparent misconduct
       continued for more than 11 of the 12 months in the reporting period.
       Specifically, Keystone Wireless apparently failed to offer to
       consumers the required number or percentage of hearing aid-compatible
       digital wireless handset models as set forth in the Rules. These
       hearing aid compatibility requirements serve to ensure that consumers
       with hearing loss have access to advanced telecommunications services.

   II. BACKGROUND

    2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
       several measures to enhance the ability of consumers with hearing loss
       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.
       Specifically, the Commission adopted a standard for radio frequency
       interference (the "M3" rating) to enable acoustic coupling between
       digital wireless phones and hearing aids operating in acoustic
       coupling mode,  and a separate standard (the "T3" rating) to enable
       inductive coupling with hearing aids operating in telecoil mode.

    3. In the 2008 Hearing Aid Compatibility First Report and Order, the
       Commission established several deadlines between 2008 and 2011 by
       which manufacturers and service providers are required to offer
       specified numbers or percentages of digital wireless handset models
       that are rated as hearing aid-compatible. The number or percentage of
       digital wireless handset models required to be offered to consumers by
       each deadline depends on the applicable interference standard ("M"
       rating or "T" rating), and the deployment schedule is tailored to the
       size of the service provider as measured by its number of subscribers.
       Specifically, between May 15, 2009 and May 14, 2010, non-Tier I
       service providers were required to ensure that at least nine handset
       models per digital air interface, or at least 50% of the models
       offered per digital air interface, met or exceeded the M3 rating, and
       that at least five handset models per digital air interface, or at
       least one-third of the models offered per digital air interface, met
       or exceeded the T3 rating. Beginning May 15, 2010, non-Tier I service
       providers were required to offer to consumers at least ten handset
       models per digital air interface, or at least 50% of the models
       offered per digital air interface, that met or exceeded the M3 rating.
       Similarly, between May 15, 2010 and May 14, 2011, non-Tier I service
       providers were required to offer at least seven handset models per
       digital air interface, or at least one-third of the models offered per
       digital air interface, that met or exceeded the T3 rating.  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.

    4. On January 7, 2011, Keystone Wireless submitted its Hearing Aid
       Compatibility Status Report for the 2010 reporting period ("2010
       Report"). The 2010 Report identified each handset model offered by
       Keystone Wireless during the 2010 reporting period by its FCC
       Identification ("FCC ID"), as well as the handset model's hearing aid
       compatibility rating, if any.  After a careful review of the 2010
       Report, the Wireless Telecommunications Bureau ("WTB") referred this
       matter to the Enforcement Bureau ("Bureau") for investigation and
       possible enforcement action.  As part of its investigation, the Bureau
       compared the hearing aid compatibility rating for each handset model
       with the rating information contained in the FCC Office of Engineering
       and Technology Equipment Authorization System.  This review revealed
       apparent inconsistencies between the hearing aid compatibility ratings
       for certain handset models listed in Keystone Wireless's 2010 Report
       and the ratings specified in the Commission's equipment authorizations
       for those models. Taking these apparent inconsistencies into account,
       we conclude that Keystone Wireless apparently failed to offer, for
       extended periods during the 2010 reporting period, the required number
       or percentage of handset models that met or exceeded the M3 rating and
       the T3 rating.

   III. DISCUSSION

   A. Failure to Comply with Hearing Aid-Compatible Handset Deployment
   Requirements

    5. Acoustic Coupling ("M3" or higher rating). We find that Keystone
       Wireless apparently failed to offer to consumers the required number
       or percentage of hearing aid-compatible handset models that met or
       exceeded the M3 rating. As noted above, the Commission has imposed
       varying benchmarks for the deployment of hearing aid-compatible
       handsets. Between January 1, 2010 and May 14, 2010, Keystone Wireless
       was required to offer at least eight or nine M3 or higher rated
       handset models per air interface-significantly less than the 15 to 22
       handset models it made available to consumers without hearing loss. As
       set forth in greater detail in Appendix A, Keystone Wireless
       apparently failed to meet this standard, repeatedly falling short by
       one to three handset models. During the latter part of the 2010
       reporting period (between May 15, 2010 and December 31, 2010), the
       handset deployment benchmarks for non-Tier I digital wireless service
       providers increased, requiring Keystone Wireless to offer at least ten
       handset models with a minimum M3 rating per air
       interface-approximately half of the 19 to 22 handset models it made
       available to non-hearing aid users. Keystone Wireless also apparently
       failed to meet this standard by offering as few as eight and no more
       than nine handset models with a minimum M3 rating from May 15, 2010
       through October 2010. Accordingly, we find that Keystone Wireless
       apparently willfully and repeatedly violated section 20.19(c)(3)(ii)
       of the Rules by failing to offer to consumers the required number or
       percentage of digital wireless handset models that met or exceeded the
       M3 rating. We further find that this apparent misconduct continued for
       nine and one-half months.

    6. Inductive Coupling ("T3" or higher rating). We also find that Keystone
       Wireless apparently failed to offer to consumers the required number
       or percentage of hearing aid-compatible handset models that met or
       exceeded the T3 rating. Between January 1, 2010 and May 14, 2010,
       Keystone Wireless was required to offer at least five handset models
       with a minimum T3 rating per air interface, significantly less than
       the 15 to 22 handset models it made available to consumers without
       hearing loss. As set forth in greater detail in Appendix B, Keystone
       Wireless apparently failed to meet this standard by offering only four
       handset models with a minimum T3 rating from January through April
       2010. During the latter part of the reporting period (between May 15,
       2010 and December 31, 2010), Keystone Wireless was required to offer
       at least seven handset models with a minimum T3 rating per digital air
       interface, again significantly less than the 19 to 22 handset models
       it made available to non-hearing aid users. Keystone Wireless also
       apparently failed to meet this standard by offering as few as three
       and no more than five handset models with a minimum T3 rating from May
       15, 2010 through December 2010. Accordingly, we find that Keystone
       Wireless apparently willfully and repeatedly violated section
       20.19(d)(3)(ii) of the Rules by failing to offer to consumers the
       required number or percentage of digital wireless handset models that
       met or exceeded the T3 rating. We also find that this apparent
       misconduct continued for eleven and one-half months.

   B. Proposed Forfeiture

    7. Under section 503(b)(1)(B) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability for forfeiture and the person
       against whom such notice has been issued must have an opportunity to
       show, in writing, why no such forfeiture penalty should be imposed.
       The Commission will then issue a forfeiture if it finds by a
       preponderance of the evidence that the person has violated the Act or
       a Commission rule. We conclude under this standard that Keystone
       Wireless is apparently liable for a forfeiture for its apparent
       willful and repeated violations of sections 20.19(c)(3)(ii) and
       20.19(d)(3)(ii) of the Rules.

    8. Section 503(b)(2)(B) of the Act authorizes a forfeiture assessment
       against a common carrier up to $150,000 for each violation, or for
       each day of a continuing violation, up to a maximum of $1,500,000 for
       a single act or failure to act. In exercising such authority, we are
       required to take into account "the nature, circumstances, extent, and
       gravity of the violation and, with respect to the violator, the degree
       of culpability, any history of prior offenses, ability to pay, and
       such other matters as justice may require."

    9. The Commission's Forfeiture Policy Statement and section 1.80 of the
       Rules do not establish a base forfeiture amount for violations of the
       hearing aid-compatible handset requirements set forth in section 20.19
       of the Rules. The fact that the Forfeiture Policy Statement does not
       specify a base amount in no way suggests that a forfeiture should not
       be imposed. The Forfeiture Policy Statement states that "... any
       omission of a specific rule violation from the ... [forfeiture
       guidelines] ... should not signal that the Commission considers any
       unlisted violation as nonexistent or unimportant." The Commission
       retains the discretion, moreover, to depart from the Forfeiture Policy
       Statement and issue forfeitures  on a case-by-case basis, under its
       general forfeiture authority contained in section 503 of the Act.

   10. In determining the appropriate forfeiture amount for violation of the
       hearing aid-compatible handset deployment requirements, we take into
       account that these requirements serve to ensure that consumers with
       hearing loss have access to advanced telecommunications services. In
       adopting the hearing aid compatibility rules, the Commission
       underscored the strong and immediate need for such access, stressing
       that individuals with hearing loss should not be denied the public
       safety and convenience benefits of digital wireless telephony.
       Moreover, as the Commission has noted, the demand for hearing
       aid-compatible handsets is likely to increase with the public's
       growing reliance on wireless technology and with the increasing median
       age of our population.

   11. We have previously determined that violations of the hearing
       aid-compatible handset deployment requirements are serious in nature
       because failure to make compatible handsets available to consumers
       actually prevents hearing aid users from accessing digital wireless
       communications. As such, we generally apply a base forfeiture amount
       of $15,000 to reflect the gravity of these violations. We have applied
       the $15,000 base forfeiture on a per handset model basis (i.e., for
       each handset model below the minimum number of hearing aid-compatible
       models required by the Rules). We also impose separate base
       forfeitures for the apparent M3-related and T3-related violations.

   12. For purposes of calculating the base forfeiture amount for the
       M3-related violations, we focus on Keystone Wireless's apparent
       failure to offer to consumers the requisite number or percentage of
       handset models with a minimum M3 rating in October 2010, where
       Keystone missed the benchmark by one handset model. Accordingly, and
       consistent with section 503(b)(6) of the Act, Keystone Wireless is
       apparently liable for a base forfeiture of $15,000 for failing to
       offer to consumers the required number or percentage of M3-rated
       handset models in willful and repeated violation of section
       20.19(c)(3)(ii) of the Rules.

   13. Similarly, the record establishes that Keystone Wireless apparently
       failed to offer the requisite number or percentage of handset models
       with a minimum T3 rating from October through December 2010, missing
       the benchmark by as many as four and as few as three handset models
       during this period. Accordingly, and consistent with section 503(b)(6)
       of the Act, Keystone Wireless is apparently liable for a base
       forfeiture of $60,000 (four T3-rated handset models x $15,000) for
       failing to offer to consumers the required number or percentage of
       T3-rated handset models in willful and repeated violation of section
       20.19(d)(3)(ii) of the Rules.

   14. These base forfeiture amounts are, however, subject to upward
       adjustment. Given the totality of the circumstances, and consistent
       with the Forfeiture Policy Statement, we conclude that an upward
       adjustment of the $75,000 total base forfeiture amount is warranted.
       In this regard, we take into account that Keystone Wireless was out of
       compliance with the hearing aid compatibility handset deployment
       requirements for most of the 12-month reporting period-failing to
       offer to consumers the requisite number or percentage of handset
       models with a minimum M3 rating for nine and one-half months and
       failing to offer the requisite number or percentage of handset models
       with a minimum T3 rating for eleven and one-half months. Therefore,
       based on all the factors and evidence, including the duration of the
       violation and the potentially significant impact on consumers with
       hearing loss, we propose a forfeiture of $100,000 against Keystone
       Wireless for apparently willfully and repeatedly failing to comply
       with the hearing aid-compatible handset deployment requirements set
       forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules.

   IV. ORDERING clauses

   15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
   Act, and sections 0.111, 0.311, and 1.80 of the Rules, Keystone Wireless,
   LLC d.b.a. Immix Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A
   FORFEITURE in the amount of one hundred thousand dollars ($100,000) for
   apparent willful and repeated violation of section 20.19(c)(3)(ii) and
   (d)(3)(ii) of the Rules.

   16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
   within thirty days of the release date of this Notice of Apparent
   Liability for Forfeiture, Keystone Wireless, LLC d.b.a. Immix Wireless,
   SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
   written statement seeking reduction or cancellation of the proposed
   forfeiture.

   17. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission. The payment
   must include the NAL/Account Number and FRN referenced above. Payment by
   check or money order may be mailed to the Federal Communications
   Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
   overnight mail may be sent to U.S. Bank-Government Lockbox #979088,
   SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire
   transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC,
   and Account Number 27000001. For payment by credit card, an FCC Form 159
   (Remittance Advice) must be submitted. When completing the FCC Form 159,
   enter the NAL/Account Number in block number 23A (call sign/other ID), and
   enter the letters "FORF" in block number 24A (payment type code). Requests
   for full payment under an installment plan should be sent to: Chief
   Financial Officer-Financial Operations, 445 12th Street, S.W., Room
   1-A625, Washington, D.C.  20554. Please contact the Financial Operations
   Group Help Desk at 1-877-480-3201 or email ARINQUIRIES@fcc.gov with any
   questions regarding payment procedures. Keystone Wireless, LLC d.b.a.
   Immix Wireless must also send electronic notification to Nissa Laughner at
   Nissa.Laughner@fcc.gov and to Pamera Hairston at Pamera.Hairston@fcc.gov
   on the date said payment is made.

   18. The written statement seeking reduction or cancellation of the
   proposed forfeiture, if any, must include a detailed factual statement
   supported by appropriate documentation and affidavits pursuant to sections
   1.80(f)(3) and 1.16 of the Rules. The written statement must be mailed to
   the Office of the Secretary, Federal Communications Commission, 445 12th
   Street, S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau-Spectrum
   Enforcement Division, and must include the NAL/Account Number referenced
   in the caption. This statement also must be emailed to Nissa Laughner at
   Nissa.Laughner@fcc.gov and Pamera Hairston at Pamera.Hairston@fcc.gov.

   19. The Commission will not consider reducing or canceling a forfeiture in
   response to a claim of inability to pay unless the petitioner submits: (1)
   federal tax returns for the most recent three-year period; (2) financial
   statements prepared according to generally accepted accounting practices
   ("GAAP"); or (3) some other reliable and objective documentation that
   accurately reflects the petitioner's current financial status. Any claim
   of inability to pay must specifically identify the basis for the claim by
   reference to the financial documentation submitted.

   20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by first class mail and certified mail return
   receipt requested to Robert C. Martin, Chief Executive Officer, Keystone
   Wireless, LLC d.b.a. Immix Wireless, and Paul Snyder, Network Supervisor,
   Keystone Wireless, LLC d.b.a. Immix Wireless, 53 Warwick Street,
   Boyertown, PA 19512.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

                                   APPENDIX A

                  Keystone Wireless LLC d.b.a. Immix Wireless

                 Hearing Aid-Compatible Handset Model Offerings

                             (M3 or higher rating)


         Total  M3-rated                      M3                                                            
 Period Handset Handset  M3-rated Handset                                                                   
        Models   Models  Models Required  Compliance?                                                       
        Offered Offered                                                                                     

  Jan.    15       5                          No                                                            
  2010                                                                                                      

  Feb.    18       7                                  No                                                    
  2010                                                                                                      

 March    21       7                                     No                                                 
  2010                                                                                                      

 April    21       8                                        No                                              
  2010                                                                                                      

  May                                                                                                       
 1-14,    22       9                                                  Yes                                   
  2010                                                                                                      

  May                    the total number                                                                   
 15-31,   22       9        of handset                                            No                        
  2010                    models offered                                                                    

  June    20       9                                                                 No                     
  2010                      at least 9                                                                      

  July    19       8                                            At least 50% of         No                  
  2010                   (1/1/10-5/14/10)                       the total number                            

  Aug.    21       9                                               offered or              No               
  2010                                                                                                      

 Sept.    20       8                                             handset models               No            
  2010                                                                                                      

  Oct.    21       9                                                                             No         
  2010                                                                                                      

  Nov.    22       10                                                                               Yes     
  2010                                                                                                      

  Dec.    22       10                                                                                   Yes 
  2010                                                                                                      


                                   APPENDIX B

                  Keystone Wireless LLC d.b.a. Immix Wireless

                    Hearing Aid-Compatible Handset Offerings

                             (T3 or higher rating)


         Total  T3-rated                      T3                                                          
 Period Handset Handset  T3-rated Handset                                                                 
        Models   Models  Models Required  Compliance?                                                     
        Offered Offered                                                                                   

  Jan.    15       4                          No                                                          
  2010                                                                                                    

  Feb.    18       4                                  No                                                  
  2010                                                                                                    

 March    21       4                                     No                                               
  2010                                                                                                    

 April    21       4                                        No                                            
  2010                                                                                                    

  May                                                                                                     
 1-14,    22       5                                                  Yes                                 
  2010                                                                                                    

  May                    the total number                                                                 
 15-31,   22       5        of handset                                            No                      
  2010                    models offered                                                                  

  June    20       4                                                                 No                   
  2010                      at least 5                                                                    

  July    19       3                                            At least 1/3 of         No                
  2010                   (1/1/10-5/14/10)                       the total number                          

  Aug.    21       4                                               offered or              No             
  2010                                                                                                    

 Sept.    20       3                                                 models                   No          
  2010                                                                                                    

  Oct.    21       3                                                                             No       
  2010                                                                                                    

  Nov.    22       4                                                                                No    
  2010                                                                                                    

  Dec.    22       4                                                                                   No 
  2010                                                                                                    


   Keystone Wireless is a Global System for Mobile Communications-based
   ("GSM-based") Tier III carrier serving central Pennsylvania. Tier III
   carriers are non-nationwide wireless radio service providers with 500,000
   or fewer subscribers as of the end of 2001. See Revision of the
   Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency
   Calling Systems, Phase II Compliance Deadlines for Non-Nationwide CMRS
   Carriers, Order to Stay, 17 FCC Rcd 14841, 14847-48 P:P: 22-24 (2002).

   47 C.F.R. S: 20.19(c)(3)(ii), (d)(3)(ii).

   Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
   Telephones, Report and Order, 18 FCC Rcd 16753 (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). 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 ("the Act"), 47 U.S.C. S: 610(b)(2)(C).

   See Hearing Aid Compatibility Order,  18 FCC Rcd at 16777 P: 56; 47 C.F.R.
   S: 20.19(b)(1), (2). The Hearing Aid Compatibility Order described the
   acoustic coupling and the inductive (telecoil) coupling modes as follows:

   In acoustic coupling mode, the microphone picks up surrounding sounds,
   desired and undesired, and converts them into electrical signals. The
   electrical signals are amplified as needed and then converted back into
   sound by the hearing aid speaker. In telecoil mode, with the microphone
   turned off, the telecoil picks up the audio signal-based magnetic field
   generated by the voice coil of a dynamic speaker in hearing aid-compatible
   telephones, audio loop systems, or powered neck loops. The hearing aid
   converts the magnetic field into electrical signals, amplifies them as
   needed, and converts them back into sound via the speaker. Using a
   telecoil avoids the feedback that often results from putting a hearing aid
   up against a telephone earpiece, can help prevent exposure to over
   amplification, and eliminates background noise, providing improved access
   to the telephone.

   Id. at 16763 P: 22.

   As subsequently amended, section 20.19(b)(1) provides that, for the period
   beginning January 1, 2010, a wireless handset is deemed hearing
   aid-compatible for radio frequency interference if, at a minimum, it meets
   the M3 rating associated with the technical standard set forth in the
   standard document "American National Standard Methods of Measurement of
   Compatibility between Wireless Communication Devices and Hearing Aids,"
   ANSI 63.19-2007 (June 8, 2007) ("ANSI 63.19-2007"), except that grants of
   certification issued before January 1, 2010 under earlier versions of ANSI
   C63.19 remain valid for hearing aid compatibility purposes. 47 C.F.R. S:
   20.19(b)(1). Section 20.19(b)(2) provides that, for the period beginning
   January 1, 2010, a wireless handset is deemed hearing aid-compatible for
   inductive coupling if, at minimum, it meets the T3 rating associated with
   the technical standard set forth in ANSI 63.19-2007, except that grants of
   certification issued before January 1, 2010 under earlier versions of ANSI
   C63.19 remain valid for hearing aid compatibility purposes. 47 C.F.R. S:
   20.19(b)(2).

   These handset deployment requirements do not apply to service providers
   and manufacturers that meet the de minimis exception. See Amendment of the
   Commission's Rules Governing Hearing Aid-Compatible Mobile Handsets, First
   Report and Order, 23 FCC Rcd 3406, 3418-24 P:P: 34-46 (2008) ("Hearing Aid
   Compatibility First Report and Order"), Order on Reconsideration and
   Erratum, 23 FCC Rcd 7249 (2008); 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 requirements, and
   manufacturers or 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). Effective September 10, 2012, the de minimis
   exception will not be available to manufacturers or mobile service
   providers that do not meet the definition of a "small entity" beginning
   two years after their initial offerings. 47 C.F.R. S: 20.19(e)(1)(ii); see
   also Amendment of the Commission's Rules Governing Hearing Aid-Compatible
   Mobile Handsets, Policy Statement and Second Report and Order and Further
   Notice of Proposed Rulemaking, 25 FCC Rcd 11167, 11180-11189 P:P: 35-59
   (2010) ("Hearing Aid Compatibility Second Report and Order").

   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 First Report and Order, 23 FCC Rcd at 3419
   P: 35; 47 C.F.R. S: 20.19(c)(3)(ii).

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3419
   P: 36; 47 C.F.R. S: 20.19(d)(3)(ii).

   See supra note 8.

   See supra note 9.

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3443
   P: 91. 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. Hearing
   Aid Compatibility First Report and Order,  23 FCC Rcd at 3445-46 P:P:
   97-99. The Commission also made clear that these reporting requirements
   apply to manufacturers and service providers that qualify for the de
   minimis exception. Id. at 3446 P: 99; see also Hearing Aid Compatibility
   Second Report and Order, 25 FCC Rcd at 11180-11189 P:P: 35-59 (2010).

   Keystone Wireless, LLC d.b.a. Immix Wireless, Hearing Aid Compatibility
   Status Report (filed January 7, 2011), available at
   http://wireless.fcc.gov/hac_documents/110210/5928123_85.PDF.

   The FCC Office of Engineering and Technology Equipment Authorization
   System ("EAS") is an electronic database of all equipment certified under
   FCC authority. The EAS identifies the hearing aid compatibility rating of
   each device by FCC ID, as reported by the handset manufacturer in test
   reports submitted to the Commission at the time of an equipment
   authorization. See http://transition.fcc.gov/oet/ea/fccid/.

   Specifically, Keystone Wireless's 2010 Report indicated that the Alcatel
   Tribe Pro OT-802 handset model (FCC ID RAD133) is rated M3/T3 when in fact
   Commission records show that the handset model has only a M3 rating; that
   the Motorola Karma QA1 handset model (FCC ID IHDT56KE1) has a M3/T3 rating
   when in fact Commission records show that the handset model has only a M3
   rating; that the Motorola Milestone handset model (FCC ID IHDP56KC2) is
   rated M3/T3 when in fact Commission records show that the handset model is
   not rated for hearing aid compatibility; that the Nokia 7020 handset model
   (FCC ID QTKRM-497) is rated M3/T3 when in fact Commission records show
   that the handset model is rated M3/T4; and that the Samsung SGH-I9000T
   Galaxy S handset model (FCC ID A3LGTI9000) has a M3/T3 rating when in fact
   Commission records show that the handset model is not rated for hearing
   aid compatibility.

   See 2010 Report.

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3419
   P: 35; 47 C.F.R. S: 20.19(c)(3)(ii) (requiring non-Tier I digital wireless
   service providers to ensure that between May 15, 2009 and May 14, 2010,
   either at least 50% of the handset models offered, or at least nine
   handset models, met or exceeded the M3 rating for radio frequency
   interference). These requirements applied to each air interface for which
   service providers offered handsets to consumers. All of Keystone
   Wireless's handset models for the 2010 reporting period operated over the
   GSM air interface.

   See Appendix A, Keystone Wireless d.b.a. Immix Wireless Hearing
   Aid-Compatible Handset Offerings (M3 or higher rating) (indicating that
   between January 1, 2010 and April 30, 2010, Keystone Wireless offered
   between 15 and 21 handset models, only five to eight of which had a
   minimum M3 rating).

   See 47 C.F.R. S: 20.19(c)(3)(ii) (requiring non-Tier I digital wireless
   service providers to ensure that beginning May 15, 2010, either at least
   50% of the handset models offered, or at least ten handset models, met or
   exceeded the M3 rating for radio frequency interference).

   See Appendix A (indicating that between May 15, 2010 and October 31, 2010,
   Keystone Wireless repeatedly fell short of the hearing aid-compatible
   handset requirements by one to two handset models).

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 P: 5 (1991),
   recon. denied, 7 FCC Rcd 3454 (1992) ("Southern California"); see also
   Telrite Corporation, Notice of Apparent Liability for Forfeiture, 23 FCC
   Rcd 7231, 7237 P: 12 (2008); Regent USA, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 10520, 10523 P: 9 (2007) (forfeiture paid); San
   Jose Navigation, Inc., Forfeiture Order, 22 FCC Rcd 1040, 1042 P: 9
   (2007), consent decree ordered, Order and Consent Decree, 25 FCC Rcd 1494
   (2010).

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 P: 9 (2001),
   forfeiture ordered, Forfeiture Order, 17 FCC Rcd 22626 (2002); Southern
   California, 6 FCC Rcd at 4388 P: 5.

   See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3419
   P: 36; 47 C.F.R. S: 20.19(d)(3)(ii) (requiring non-Tier I digital wireless
   service providers to ensure that between May 15, 2009 and May 14, 2010,
   either at least one-third of the handset models offered, or at least five
   handset models, met or exceeded the T3 rating for inductive coupling).

   See Appendix B, Keystone Wireless d.b.a. Immix Wireless Hearing
   Aid-Compatible Handset Offerings (T3 or higher rating) (indicating that
   between January 1, 2010 and April 30, 2010, Keystone Wireless repeatedly
   fell short of the hearing aid-compatible handset requirements by one
   handset model).

   See 47 C.F.R. S: 20.19(d)(3)(ii) (requiring non-Tier I digital wireless
   service providers to ensure that between May 15, 2010 and May 14, 2011,
   either at least one-third of the handset models they offered, or at least
   seven handset models, met or exceeded the T3 rating for inductive
   coupling).

   See Appendix B (indicating that between May 15, 2010 and December 31,
   2010, Keystone Wireless repeatedly fell short of the hearing
   aid-compatible handset requirements by two to four handset models).

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002).

   47 U.S.C. S: 503(b)(2)(B). The Commission has amended section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), three times to increase the maximum
   forfeiture amounts, in accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996, 28
   U.S.C. S: 2461. The most recent inflation adjustment took effect September
   2, 2008 and applies to violations that occur after that date. See
   Amendment of Section 1.80 of the Commission's Rules and Adjustment of
   Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd 9845, 9847 (2008)
   (adjusting the maximum statutory amounts for common carriers from
   $130,000/$1,300,000 to $150,000/$1,500,000); 73 Fed. Reg. 44663-5.

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines,  12 FCC Rcd
   17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
   Statement"); 47 C.F.R. S:S: 1.80, 20.19.

   Forfeiture Policy Statement, 12 FCC Rcd at 17099.

   Id.

   Hearing Aid Compatibility Order, 18 FCC Rcd at 16755 P: 4.

   Id. at 16756 P: 5 (noting that approximately one in ten Americans, or 28
   million Americans, have some level of hearing loss, that the proportion
   increases with age, and that the number of those affected will likely grow
   as the median age increases). See also Report on the Status of
   Implementation of the Commission's Hearing Aid Compatibility Requirements,
   Report, 22 FCC Rcd 17709, 17719 P: 20 (2007) (noting, just four years
   later, that the number of individuals with hearing loss in the United
   States was "at an all time high of 31 million - with that number expected
   to reach approximately 40 million at the end of [2010]").

   See South Canaan Cellular Communications Company, L.P, 23 FCC Rcd 20, 24
   P: 11(Enf. Bur., Spectrum Enf. Div. 2008) (forfeiture paid) ("South
   Canaan") (finding that "a violation of the labeling requirements, while
   serious because it deprives hearing aid users from making informed
   choices, is less egregious than a violation of the handset requirements
   because failure to make compliant handsets available actually deprives
   hearing aid users from accessing digital wireless communications."). See
   also, e.g., NEP Cellcorp, Inc., Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 8, 13 P: 11 (Enf. Bur., Spectrum Enf. Div. 2009)
   (forfeiture paid) ("NEP Cellcorp"); Pinpoint Wireless, Inc., Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 9290, 9295 P: 11 (Enf. Bur.,
   Spectrum Enf. Div. 2008), consent decree ordered, Order and Consent
   Decree, 24 FCC Rcd 2951 (Enf. Bur., Spectrum Enf. Div. 2009) ("Pinpoint
   Wireless"); Smith Bagley, Inc., 24 FCC Rcd 14113, 14118 P: 11 (Enf. Bur.,
   Spectrum Enf. Div. 2009), response pending ("Smith Bagley").

   See, e.g., NEP Cellcorp, 24 FCC Rcd at 13 P: 11; Pinpoint Wireless, 23 FCC
   Rcd at 9295 P: 11; Smith Bagley, 24 FCC Rcd at 14118 P: 11; South Canaan,
   23 FCC Rcd at 24 P:11.

   See supra note 38.

   See supra para. 5.

   See supra para. 6.

   See 47 C.F.R. S: 1.80(b)(4), Note to Paragraph (b)(4): Section II.
   Adjustment Criteria for Section 503 Forfeitures (establishing "repeated or
   continuous violation" as an upward adjustment factor). While section
   503(b)(6) of the Act bars the Commission from proposing a forfeiture for
   violations that occurred more than a year prior to the issuance of an NAL,
   we may consider the fact that Keystone Wireless's misconduct occurred over
   an extended period to place "the violations in context, thus establishing
   the licensee's degree of culpability and the continuing nature of the
   violations." Roadrunner Transportation Inc., Forfeiture Order, 15 FCC Rcd
   9669, 9671-72 P: 8 (2000); BASF Corporation, Notice of Apparent Liability
   for Forfeiture, 25 FCC Rcd 17300, 17302 n.24 (Enf. Bur., Spectrum Enf.
   Div. 2010); Call Mobile, Inc., Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 74, 76 n.23 (Enf. Bur., Spectrum Enf. Div. 2011).
   The forfeiture amount we propose herein relates only to Keystone
   Wireless's apparent violations that have occurred within the past year.

   47 C.F.R. S: 20.19(c)(3)(ii), (d)(3)(ii).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.

   47 C.F.R. S: 20.19(c)(3)(ii), (d)(3)(ii).

   47 C.F.R. S: 1.80.

   47 C.F.R. S:S: 1.80(f)(3), 1.16.

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   Federal Communications Commission DA 11-1809

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   Federal Communications Commission DA 11-1809