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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                                
                                                                          
                                         )                                
     In the Matter of                        File No.: EB-11-SE-057       
                                         )                                
     Missouri RSA 5 Partnership d/b/a        NAL/Acct. No.: 201232100002  
                                         )                                
     Chariton Valley Wireless Services       FRN: 002535532               
                                         )                                
                                                                          
                                         )                                


                  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 eighty two thousand five hundred
       dollars ($82,500) against Missouri RSA 5 Partnership d/b/a Chariton
       Valley Wireless Services ("Chariton Valley"). As detailed herein, we
       find that Chariton Valley 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 10 of the 12 months in the 2010 reporting period.
       Specifically, Chariton Valley 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. The 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 13, 2010, Chariton Valley submitted its Hearing Aid
       Compatibility Status Report for the 2010 reporting period ("2010
       Report"). The 2010 Report identified each handset model offered by
       Chariton Valley 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 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 Chariton Valley'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 Chariton Valley 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 Chariton
       Valley 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, Chariton Valley
       was required to offer at least eight M3 or higher rated handset models
       per air interface-significantly less than the 15 to 16 handset models
       it made available to consumers without hearing loss. As set forth in
       greater detail in Appendix A, Chariton Valley apparently failed to
       meet this standard, falling short by one handset model for three
       consecutive months. During the latter part of the 2010 reporting
       period (between May 15, 2010 and December 31, 2010), the handset
       deployment benchmarks for non-Tier 1 digital wireless service
       providers increased, requiring Chariton Valley to offer between eight
       and ten handset models with a minimum M3 rating per air
       interface-approximately half of the 16 to 23 handset models it made
       available to non-hearing aid users. Chariton Valley also apparently
       failed to meet this standard, again repeatedly falling short by one
       handset model. Accordingly, we find that Chariton Valley 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 seven months.

    6. Inductive Coupling ("T3" or higher rating). We also find that Chariton
       Valley 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,
       Chariton Valley was required to offer at least five handset models
       with a minimum T3 rating per air interface, approximately one-third of
       the 15 to 16 handset models it made available to consumers without
       hearing loss.  As set forth in greater detail in Appendix B, Chariton
       Valley apparently failed to meet this standard by offering only four
       handset models with a minimum T3 rating from March 1, 2010 through May
       14, 2010. During the latter part of the reporting period (between May
       15, 2010 and December 31, 2010), Chariton Valley was required to offer
       at least six or seven handset models with a minimum T3 rating per
       digital air interface, again significantly less than the 16 to 23
       handset models it made available to non-hearing aid users. Chariton
       Valley also apparently failed to meet this standard by offering as few
       as four and no more than six handset models with a minimum T3 rating
       from May 15, 2010 through December 2010. Accordingly, we find that
       Chariton Valley 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 10 consecutive 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 Chariton
       Valley is apparently liable for a forfeiture for its apparent willful
       and repeated violations of section 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 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 Chariton Valley's apparent failure
       to offer to consumers the requisite number or percentage of handset
       models with a minimum M3 rating in October 2010, when Chariton Valley
       missed the benchmark by one handset model. Accordingly, and consistent
       with section 503(b)(6) of the Act, Chariton Valley 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 Chariton Valley 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 three handset models during this period. 
       Accordingly, and consistent with section 503(b)(6) of the Act,
       Chariton Valley is apparently liable for a base forfeiture of $45,000
       (three 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 $60,000 total base forfeiture amount is warranted.
       In this regard, we take into account that Chariton Valley 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 seven months and failing to offer
       the requisite number or percentage of handset models with a minimum T3
       rating for ten consecutive 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 $82,500 against Chariton Valley 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, Missouri RSA 5
       Partnership d/b/a Chariton Valley Wireless Services IS NOTIFIED of its
       APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty two
       thousand five hundred dollars ($82,500) for apparent willful and
       repeated violation of section 20.19(c)(3)(ii) and 20.19(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, Missouri RSA 5 Partnership d/b/a Chariton
       Valley Wireless Services 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 e-mail ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Chariton Valley must also send
       electronic notification to Pamera Hairston at Pamera.Hairston@fcc.gov
       and Paul Noone at Paul.Noone@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 Pamera Hairston at Pamera.Hairston@fcc.gov and Paul
       Noone at Paul.Noone@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 James Simon, General Manager, Missouri RSA
       5 Partnership d/b/a Chariton Valley Wireless Services, 1213 East
       Briggs Drive, Macon, Missouri 63522.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

                                   APPENDIX A

   Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services Hearing
                     Aid-Compatible Handset Model Offerings

                             (M3 or higher rating)


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

  January    16       8                  Yes                                                    
   2010                                                                                         

 February    16       8                          Yes                                            
   2010                                                                                         

   March     15       7                              No                                         
   2010                                                                                         

   April     16       7     At least                    No                                      
   2010                      50% of                                                             

 May 1-14,   16       7      total                            No                                
   2010                      number                                                             

    May                     handset                                                             
  15-31,     16       7      models                                  No                         
   2010                     offered                        At least                             

 June 2010   17       8                                    the total    No                      

 July 2010   17       8        9                            handset        No                   

  August     22       9      models                         offered           No                
   2010                                                       or                                

 September   23       11       -                           at least              Yes            
   2010                     5/14/10)                          10                                

  October    20       9                                     models                   No         
   2010                                                                                         

 November    22       11                                       -                        Yes     
   2010                                                    12/31/10)                            

 December    23       12                                                                    Yes 
   2010                                                                                         


                                   APPENDIX B

   Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services Hearing
                     Aid-Compatible Handset Model Offerings

                             (T3 or higher rating)


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

  January    16       5                  Yes                                                 
   2010                                                                                      

 February    16       5                          Yes                                         
   2010                                                                                      

   March     15       4                              No                                      
   2010                                                                                      

   April     16       4      1/3 of                     No                                   
   2010                       the                                                            

 May 1-14,   16       4      number                           No                             
   2010                        of                                                            

    May                      models                                                          
  15-31,     16       4     offered                                  No                      
   2010                        or                                                            

 June 2010   17       5     at least                        1/3 of      No                   

 July 2010   17       4     handset                        number of       No                

  August     22       5                                     models            No             
   2010                     (1/1/10                         offered                          

 September   23       5                                                          No          
   2010                     5/14/10)                       at least                          

  October    20       4                                     models                  No       
   2010                                                                                      

 November    22       5                                        -                       No    
   2010                                                    12/31/10)                         

 December    23       6                                                                   No 
   2010                                                                                      


   Chariton Valley is a Global System for Mobile Communications-based
   ("GSM-based") Tier III carrier serving northeast Missouri. 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).

   Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services,
   Hearing Aid Compatibility Status Report (filed January 13, 2011),
   available at
   http://wireless.fcc.gov/hac_documents/100317/Missouri%20RSA%205%20Partn_193.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, Chariton Valley's 2010 Report indicated that the Motorola
   ROKR Z6 handset model (FCC ID IHDT56GG1) has a M3/T3 rating when in fact
   Commission records show that the handset model is not rated for hearing
   aid compatibility; that the HTC Wildfire handset model (FCC ID IHDP56KC1)
   is not rated for hearing aid compatibility when in fact Commission records
   show that the handset model has a M3/T3 rating; that the Acer A1 handset
   model (FCC ID HLZSHS100) has a M3 rating when in fact Commission records
   show that the handset model has a M3/T3 rating; and that the Nokia 3610
   handset model (FCC ID QMNRM-429) has a M3/T3 rating when in fact
   Commission records show that the handset model has a M3 rating.

   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 1 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 Chariton Valley's
   handset models for the 2010 reporting period operated over the GSM air
   interface.

   See Appendix A, Chariton Valley Hearing Aid-Compatible Handset Offerings
   (M3 or higher rating) (indicating that between March 1, 2010 and May 14,
   2010, Chariton Valley offered 15 or 16 handset models, only seven of which
   had a minimum M3 rating).

   See 47 C.F.R. S: 20.19(c)(3)(ii) (requiring non-Tier 1 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 from May 15, 2010 until August 31, 2010,
   Chariton Valley offered between 16 and 22 handset models, only seven to
   nine of which had a minimum M3 rating, and that in October 2010, Chariton
   Valley offered 20 handset models, only nine of which had a minimum M3
   rating).

   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 1 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, Chariton Valley Hearing Aid-Compatible Handset Offerings
   (T3 or higher rating) (indicating that between March 1, 2010 and May 14,
   2010, Chariton Valley 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 1 digital wireless
   service providers to ensure that between May 15, 2010 and May 14, 2011, 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
   capability).

   See Appendix B (indicating that between May 15, 2010 and December 31,
   2010, Chariton Valley repeatedly fell short of the hearing aid-compatible
   handset requirements by one to three 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 n.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 Chariton Valley'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 Chariton Valley'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 11-1812

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   Federal Communications Commission DA 11-1812