Click here for Adobe Acrobat version
Click here for Microsoft Word version

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

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



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                            
                                                                    
                                       )                            
     In the Matter of                      File No.: EB-10-SE-107   
                                       )                            
     Cross Wireless, L.L.C.                Acct. No.: 201232100007  
                                       )                            
     d/b/a Sprocket Wireless, L.L.C.       FRN: 0007258973          
                                       )                            
                                                                    
                                       )                            


                                     ORDER

   Adopted: December 14, 2011 Released: December 14, 2011

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") of the Federal
       Communications Commission and Cross Wireless, L.L.C. d/b/a Sprocket
       Wireless, L.L.C. ("Cross Wireless"). The Consent Decree resolves and
       terminates the Bureau's investigation into Cross Wireless's compliance
       with sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Commission's
       rules concerning the deployment of digital wireless hearing
       aid-compatible handsets. These hearing aid compatibility requirements
       serve to ensure that consumers with hearing loss have access to
       advanced telecommunications services.

    2. The Bureau and Cross Wireless have negotiated the Consent Decree that
       resolves this matter. A copy of the Consent Decree is attached hereto
       and incorporated herein by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Cross Wireless possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
       of the Communications Act of 1934, as amended, and sections 0.111 and
       0.311 of the Commission's rules, the Consent Decree attached to this
       Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to John Chris Ruhl, General Manager, Wireless, Cross
       Wireless, L.L.C., P.O. Box 250, Earlsboro, OK 74840-0250, and Pamela
       L. Gist, Counsel for Cross Wireless, L.L.C., Lukas, Nace, Gutierrez &
       Sachs, L.L.P., 8300 Greensboro Drive, Suite 1200, McLean, VA 22102.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                            
                                                                    
                                       )                            
     In the Matter of                      File No.: EB-10-SE-107   
                                       )                            
     Cross Wireless, L.L.C.                Acct. No.: 201232100007  
                                       )                            
     d/b/a Sprocket Wireless, L.L.C.       FRN: 0007258973          
                                       )                            
                                                                    
                                       )                            


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and Cross
   Wireless, L.L.C. d/b/a Sprocket Wireless, L.L.C., by their authorized
   representatives, hereby enter into this Consent Decree for the purpose of
   terminating the Bureau's investigation into possible violations of
   sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Commission's rules
   pertaining to the deployment of digital wireless hearing aid-compatible
   handsets.

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:
       151 et seq.

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Cross Wireless is subject by virtue of its business activities,
       including but not limited to the Hearing Aid Compatibility Rules.

    f. "Compliance Plan" means the compliance obligations and compliance
       program described in this Consent Decree at paragraph 8.

    g. "Covered Employees" means all employees and agents of Cross Wireless
       who perform, or supervise, oversee, or manage the performance of,
       duties that relate to Cross Wireless's responsibilities under the
       Hearing Aid Compatibility Rules.

    h. "Cross Wireless" means Cross Wireless, L.L.C. d/b/a Sprocket Wireless,
       L.L.C., and its predecessors-in-interest and successors-in-interest.

    i. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    j. "Hearing Aid Compatibility Rules" means section 20.19 of the Rules and
       other Communications Laws governing digital wireless hearing aid
       compatibility, such as the Rules governing the design, selection, or
       acquisition of wireless handsets and the marketing or distribution of
       such handsets to consumers in the United States.

    k. "Investigation" means the investigation commenced by the Bureau's
       September 8, 2010 letter of inquiry regarding Cross Wireless's
       deployment of digital wireless hearing aid-compatible handsets.

    l. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by Cross Wireless to
       implement the Compliance Plan.

    m. "Parties" means Cross Wireless and the Bureau, each of which is a
       "Party."

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   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 for radio frequency interference (the
       "M" rating) and inductive coupling (the "T" rating) that digital
       wireless handsets must meet to be considered compatible with hearing
       aids operating in acoustic coupling and inductive coupling (telecoil)
       modes, respectively. For each of these standards, the Commission
       further established 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. 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.

    3. On January 15, 2010, Cross Wireless submitted its annual hearing aid
       compatibility status report for the January 1, 2009 to December 31,
       2009 reporting period.  After reviewing Cross Wireless's status report
       for the 2009 reporting period, the Wireless Telecommunications Bureau
       referred this matter to the Bureau for investigation and possible
       enforcement action. On September 8, 2010, the Bureau's Spectrum
       Enforcement Division ("Division") issued the letter of inquiry ("LOI")
       to Cross Wireless, directing the company to submit a sworn written
       response to a series of questions regarding the company's compliance
       with the Hearing Aid Compatibility Rules. Cross Wireless responded to
       the LOI on September 29, 2010 ("LOI Response"). In its LOI Response,
       Cross Wireless stated that it no longer relies on "second source
       suppliers" as its primary provider of digital wireless handsets and
       that it has joined the CDMA Associated Carriers Group consortium in
       order to maintain a current lineup of handsets. The Bureau and Cross
       Wireless executed tolling agreements to toll the statute of
       limitations.

   III. TERMS OF AGREEMENT

    4. Adopting Order.  The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    5. Jurisdiction. Cross Wireless agrees that the Bureau has jurisdiction
       over it and the matters contained in this Consent Decree and that the
       Bureau has the authority to enter into and adopt this Consent Decree.

    6. Effective Date; Violations.  The Parties agree that this Consent
       Decree shall become effective on the Effective Date as defined herein.
       As of the Effective Date, the Adopting Order and this Consent Decree
       shall have the same force and effect as any other order of the
       Commission. Any violation of the Adopting Order or of the terms of
       this Consent Decree shall constitute a separate violation of a
       Commission order, entitling the Commission to exercise any rights and
       remedies attendant to the enforcement of a Commission order.

    7. Termination of Investigation.  In express reliance on the covenants
       and representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, Cross Wireless agrees to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that in the
       absence of new material evidence, the Bureau will not use the facts
       developed in this Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute on its own motion any
       new proceeding, formal or informal, or take any action on its own
       motion against Cross Wireless concerning the matters that were the
       subject of the Investigation. The Bureau also agrees that in the
       absence of new material evidence it will not use the facts developed
       in the Investigation through the Effective Date, or the existence of
       this Consent Decree, to institute on its own motion any proceeding,
       formal or informal, or take any action on its own motion against Cross
       Wireless with respect to Cross Wireless's basic qualifications,
       including its character qualifications, to be a Commission licensee or
       to hold Commission licenses or authorizations.

    8. Compliance Plan. For purposes of settling the matters set forth
       herein, Cross Wireless agrees that it shall within sixty (60) calendar
       days after the Effective Date, develop and implement a Compliance Plan
       to help ensure future compliance with the Communications Laws,
       including the Hearing Aid Compatibility Rules, and with the terms and
       conditions of this Consent Decree. The Compliance Plan shall include,
       without limitation, the following components:

    a. Compliance Officer.  Within thirty (30) calendar days after the
       Effective Date, Cross Wireless shall designate a senior corporate
       manager with the requisite corporate and organizational authority to
       serve as Compliance Officer and to discharge the duties set forth
       below. The person designated as the Compliance Officer shall be
       responsible for developing, implementing, and administering the
       Compliance Plan and ensuring that Cross Wireless complies with the
       terms and conditions of the Compliance Plan and this Consent Decree.
       In addition to the general knowledge of the Communications Laws
       necessary to discharge his/her duties under this Consent Decree, the
       Compliance Officer shall have specific knowledge of the Hearing Aid
       Compatibility Rules prior to assuming his/her duties.

    b. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
       calendar days after the Effective Date, Cross Wireless shall establish
       Operating Procedures that all Covered Employees must follow to help
       ensure Cross Wireless's compliance with the Hearing Aid Compatibility
       Rules. Cross Wireless's Operating Procedures shall include internal
       procedures and policies specifically designed to ensure that Cross
       Wireless offers the requisite number or percentage of hearing
       aid-compatible digital wireless handsets to consumers as required by
       the Hearing Aid Compatibility Rules. Cross Wireless also shall develop
       a Compliance Checklist that describes the steps that a Covered
       Employee must follow to ensure that the inclusion of a new handset
       model, or discontinuance of an existing handset offering, will not
       result in a violation of the Commission's digital wireless hearing
       aid-compatible handset deployment requirements. At a minimum, the
       Compliance Checklist shall require Covered Employees to use the
       Commission's equipment authorization database to verify the hearing
       aid compatibility rating of each existing and proposed handset
       offering.

    c. Compliance Manual.  Within sixty (60) calendar days after the
       Effective Date, the Compliance Officer shall develop and distribute a
       Compliance Manual to all Covered Employees. The Compliance Manual
       shall explain the Hearing Aid Compatibility Rules and set forth the
       Operating Procedures that Covered Employees shall follow to help
       ensure Cross Wireless's compliance with the Hearing Aid Compatibility
       Rules. Cross Wireless shall periodically review and revise the
       Compliance Manual as necessary to ensure that the information set
       forth therein remains current and complete. Cross Wireless shall
       distribute any revisions to the Compliance Manual promptly to all
       Covered Employees.

    d. Compliance Training Program. Cross Wireless shall establish and
       implement a Compliance Training Program on compliance with the Hearing
       Aid Compatibility Rules and the Operating Procedures. As part of the
       Compliance Training Program, Covered Employees shall be advised of
       Cross Wireless's obligation to report any noncompliance with the
       Hearing Aid Compatibility Rules under paragraph 9 of this Consent
       Decree and shall be instructed on how to disclose noncompliance to the
       Compliance Officer. All Covered Employees shall be trained pursuant to
       the Compliance Training Program within sixty (60) calendar days after
       the Effective Date,  except that any person who becomes a Covered
       Employee at any time after the Effective Date shall be trained within
       thirty (30) calendar days after the date such person becomes a Covered
       Employee. Cross Wireless shall repeat the compliance training on an
       annual basis, and shall periodically review and revise the Compliance
       Training Program as necessary to ensure that it remains current and
       complete and to enhance its effectiveness.

    e. Consumer Outreach. Cross Wireless shall periodically advertise the
       availability of hearing aid-compatible digital wireless handsets to
       ensure that all of its retail customers are aware of its hearing
       aid-compatible digital wireless handset offerings.

    f. Termination Date. Unless stated otherwise, the requirements of this
       paragraph 8 of the Consent Decree shall expire twenty-four (24) months
       after the Effective Date.

    9. Reporting Noncompliance. Cross Wireless shall report any noncompliance
       with the Hearing Aid Compatibility Rules and with the terms and
       conditions of this Consent Decree within fifteen (15) calendar days
       after discovery of such noncompliance. Such reports shall include a
       detailed explanation of (i) each instance of noncompliance; (ii) the
       steps that Cross Wireless has taken or will take to remedy such
       noncompliance; (iii) the schedule on which such remedial actions will
       be taken; and (iv) the steps that Cross Wireless has taken or will
       take to prevent the recurrence of any such noncompliance. All reports
       of noncompliance shall be submitted to the Chief, Spectrum Enforcement
       Division, Enforcement Bureau, Federal Communications Commission, Room
       3-C366, 445 12th Street, S.W. Washington, D.C. 20554, with a copy
       submitted electronically to Kevin Pittman at Kevin.Pittman@fcc.gov and
       to Pamera Hairston at Pamera.Hairston@fcc.gov. The reporting
       obligations set forth in this paragraph 9 shall expire twenty-four
       (24) months after the Effective Date.

   10. Compliance Reports. Cross Wireless shall file Compliance Reports with
       the Commission ninety (90) calendar days after the Effective Date,
       twelve (12) months after the Effective Date, and twenty-four (24)
       months after the Effective Date.

    a. Each compliance report shall include a detailed description of Cross
       Wireless's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree and the Hearing Aid
       Compatibility Rules. In addition, each Compliance Report shall include
       a certification by the Compliance Officer, as an agent of and on
       behalf of Cross Wireless, stating that the Compliance Officer has
       personal knowledge that Cross Wireless (i) has established and
       implemented the Compliance Plan; (ii) has utilized the Operating
       Procedures since the implementation of the Compliance Plan; and (iii)
       is not aware of any instances of noncompliance with the terms and
       conditions of this Consent Decree, including the reporting obligations
       set forth in paragraph 9 hereof.

    b. The Compliance Officer's certification shall be accompanied by a
       statement explaining the basis for such certification and must comply
       with section 1.16 of the Rules and be subscribed to as true under
       penalty of perjury in substantially the form set forth therein.

    c. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of Cross
       Wireless, shall provide the Commission with a detailed explanation of
       the reason(s) why and describe fully (i) each instance of
       noncompliance; (ii) the steps that Cross Wireless has taken or will
       take to remedy such noncompliance, including the schedule on which
       proposed remedial actions will be taken; and (iii) the steps that
       Cross Wireless has taken or will take to prevent the recurrence of any
       such noncompliance, including the schedule on which such preventive
       action will be taken.

    d. All Compliance Reports shall be submitted to the Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Washington, D.C. 20554, with a copy
       submitted electronically to Kevin Pittman at Kevin.Pittman@fcc.gov and
       to Pamera Hairston at Pamera.Hairston@fcc.gov.

   11. Section 208 Complaints; Subsequent Investigations.  Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to section 208 of the Act
       against Cross Wireless or its affiliates for alleged violations of the
       Act, or for any other type of alleged misconduct, regardless of when
       such misconduct took place. The Commission's adjudication of any such
       complaints will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by Cross Wireless with the Communications
       Laws.

   12. Voluntary Contribution.  Cross Wireless agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       fifty thousand dollars ($50,000). The payment must be made within
       thirty (30) calendar days after the Effective Date. The payment must
       be made by check or similar instrument, payable to the order of the
       Federal Communications Commission. The payment must include the
       Account Number and FRN referenced in the caption to the Adopting
       Order. Payment by check or money order may be mailed to 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 Account Number in block
       number 23A (call sign/other ID) and enter the letters "FORF" in block
       number 24A (payment type code). Cross Wireless shall also send
       electronic notification to Kevin Pittman at Kevin.Pittman@fcc.gov,
       Pamera Hairston at Pamera.Hairston@fcc.gov, and Samantha Peoples at
       Sam.Peoples@fcc.gov on the date said payment is made.

   13. Waivers. Cross Wireless waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order as defined herein. Cross Wireless shall retain the right to
       challenge Commission interpretation of the Consent Decree or any terms
       contained herein. If either Party (or the United States on behalf of
       the Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Cross Wireless nor the Commission shall
       contest the validity of the Consent Decree or of the Adopting Order,
       and Cross Wireless shall waive any statutory right to a trial de novo.
       Cross Wireless hereby agrees to waive any claims it may have under the
       Equal Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501
       et seq., relating to the matters addressed in this Consent Decree.

   14. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   15. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent Rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Cross Wireless does not
       expressly consent) that provision will be superseded by such Rule or
       Commission order.

   16. Successors and Assigns. Cross Wireless agrees that the provisions of
       this Consent Decree shall be binding on its successors, assigns, and
       transferees.

   17. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. The Parties further agree that this
       Consent Decree does not constitute either an adjudication on the
       merits or a factual or legal finding or determination regarding any
       compliance or noncompliance with the requirements of the
       Communications Laws.

   18. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   19. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   20. Authorized Representative. The individual signing this Consent Decree
       on behalf of Cross Wireless represents and warrants that he is
       authorized by Cross Wireless to execute this Consent Decree and to
       bind Cross Wireless to the obligations set forth herein. The FCC
       signatory represents that she is signing this Consent Decree in her
       official capacity and that she is authorized to execute this Consent
       Decree.

   21. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     ________________________________   
                                        
     P. Michele Ellison                 
                                        
     Chief                              
                                        
     Enforcement Bureau                 
                                        
     ________________________________   
                                        
     Date                               
                                        
     ________________________________   
                                        
     John Chris Ruhl                    
                                        
     General Manager, Wireless          
                                        
     Cross Wireless, L.L.C.             
                                        
     ________________________________   
                                        
     Date                               


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

   47 U.S.C. S:S: 154(i), 503(b).

   47 C.F.R. S:S: 0.111, 0.311.

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

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John C. Ruhl,
   General Manager, Cross Wireless, L.L.C. (Sept. 8, 2010).

   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 Act, 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).

   As subsequently amended, section 20.19(b)(1) provides that, for the period
   beginning June 6, 2008 and ending December 31, 2009, a newly certified
   wireless handset is deemed hearing aid-compatible for radio frequency
   interference if, at minimum, it meets the M3 rating associated with the
   technical standard set forth in either the standard document "American
   National Standard Methods of Measurement of Compatibility between Wireless
   Communication Devices and Hearing Aids," ANSI C63.19-2006 (June 12, 2006)
   or ANSI C63.19-2007 (June 8, 2007). Beginning January 1, 2010, a newly
   certified handset must meet at least an M3 rating under ANSI C63.19-2007
   to be considered hearing aid-compatible for radio frequency interference.
   47 C.F.R. S: 20.19(b)(1). Section 20.19(b)(2) provides that, for the
   period beginning June 6, 2008 and ending December 31, 2009, a newly
   certified wireless handset is deemed hearing aid-compatible for inductive
   coupling if, at minimum, it meets the T3 rating associated with the
   technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007,
   and beginning January 1, 2010, it is deemed hearing aid-compatible for
   inductive coupling if it meets at least a T3 rating under ANSI
   C63.19-2007. 47 C.F.R. S: 20.19(b)(2). Grants of certification issued
   before June 6, 2008, under previous versions of ANSI C63.19 remain valid
   for hearing aid compatibility purposes.

   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).

   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) ("Order on Reconsideration and Erratum").
   These handset deployment requirements do not apply to service providers
   and manufacturers that meet the de minimis exception. 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").

   See Cross Wireless, L.L.C., Hearing Aid Compatibility Report, Docket No.
   07-250 (Jan. 15, 2010), available at
   http://wireless.fcc.gov/hac_documents/100317/Cross%20Wireless,%20L.L._221.PDF.
   On January 15, 2010, Cross Wireless submitted a hearing aid compatibility
   status report under its "Sprocket Wireless" trade name. This status report
   was inadvertently filed under the name "Sprocket Wireless, Inc." See
   Sprocket Wireless, Inc. Hearing Aid Compatibility Status Report, Docket
   No. 07-250 (Jan. 15, 2010), available at
   http://wireless.fcc.gov/hac_documents/100317/Sprocket%20Wireless,%20I_234.PDF.

   See supra note 2.

   See Letter from Pamela L. Gist, Esq., Lukas, Nace, Gutierrez & Sachs,
   L.L.P., Counsel for Cross Wireless, L.L.C., to Marlene H. Dortch,
   Secretary, Federal Communications Commission (Sept. 28, 2010).

   LOI Response at 5.

   See e.g.,  Tolling Agreement Extension, File No. EB-10-SE-107, executed by
   and between John D. Poutasse, Acting Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, and Chris Ruhl,
   Wireless General Manager, Cross Wireless, L.L.C. (Aug. 31, 2011).

   47 C.F.R. S: 1.16.

   Federal Communications Commission DA 11-1973

   2

   Federal Communications Commission DA 11-1973

   Federal Communications Commission DA 11-1973

   4

   Federal Communications Commission DA 11-1973