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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                                
                                                                  
                                 )                                
     In the Matter of                File No.: EB-11-SE-059       
                                 )                                
     North Central Wireless LC       NAL/Acct. No.: 201232100009  
                                 )                                
     d/b/a i wireless                FRN: 0005665310              
                                 )                                
                                                                  
                                 )                                


                  Notice of apparent Liability for forfeiture

   Adopted: December 23, 2011 Released: December 23, 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 thirty-nine thousand dollars
       ($39,000) against North Central Wireless LC d/b/a i wireless ("North
       Central"). As detailed herein, we find that North Central apparently
       willfully and repeatedly violated section 20.19(d)(3)(ii) of the
       Commission's rules ("Rules"). We further find that the apparent
       misconduct continued for seven consecutive months during the 2010
       reporting period. Specifically, North Central 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 must 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 compatibility 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.

    4. On January 18, 2011, North Central submitted a Hearing Aid
       Compatibility Status Report covering January 1, 2010 to December 31,
       2010. North Central identified each handset model it offered to
       consumers in its retail stores and on its website, www.iwireless.com,
       and specified the model's FCC Identification ("FCC ID") as well as the
       hearing aid compatibility rating, if any. After a careful review of
       North Central's submission, the Wireless Telecommunications Bureau
       referred this matter to the Enforcement Bureau ("Bureau") for
       investigation. As part of its investigation, the Bureau consulted the
       FCC Office of Engineering and Technology ("OET") Equipment
       Authorization System to independently confirm the hearing aid
       compatibility rating of each handset model as established in the grant
       of equipment authorization issued by the Commission for that handset.
       Taking into account the manufacturer-reported information in the OET
       database, we conclude that North Central apparently failed to offer,
       for seven consecutive months during the 2010 calendar year, the
       required number or percentage of handset models that met or exceeded
       the T3 rating. 

   III. DISCUSSION

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

    5. We find that North Central apparently failed to offer to consumers the
       required number or percentage of hearing aid-compatible handset models
       that met or exceeded the T3 rating. As noted above, the Commission has
       imposed varying benchmarks for the deployment of hearing
       aid-compatible handsets. During the periods July through September and
       November through December 2010, North Central was required to offer at
       least six handset models with a minimum T3 rating per digital air
       interface, and during June and October 2010, it was required to offer
       at least seven-significantly fewer than the 16 to 19 handset models it
       made available to non-hearing aid users. As set forth in greater
       detail in the Appendix, North Central apparently failed to meet this
       standard, repeatedly falling short by one to two handset models.
       Accordingly, we find that North Central 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 further
       find that this apparent misconduct continued for seven consecutive
       months during the 2010 reporting period.

   B. Proposed Forfeiture

    6. 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 North Central
       is apparently liable for a forfeiture for its apparent willful and
       repeated violations of section 20.19(d)(3)(ii) of the Rules.

    7. 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."

    8. 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.

    9. 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.

   10. 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. Accordingly, 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).

   11. For purposes of calculating the base forfeiture amount for the
       T3-related violations, we focus on North Central's apparent failure to
       offer to consumers the requisite number or percentage of handset
       models with a minimum T3 rating in December 2010, when North Central
       missed the benchmark by two handset models. Accordingly, and
       consistent with section 503(b)(6) of the Act, we start with a base
       forfeiture of $30,000 (two T3-rated handset models x $15,000) for
       North Central's apparent failure 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.

   12. This base forfeiture amount, however, is subject to adjustment. Given
       the totality of the circumstances, and consistent with the Forfeiture
       Policy Statement, we conclude that an upward adjustment of the $30,000
       total base forfeiture amount is warranted. In this regard, we take
       into account that North Central was out of compliance with the hearing
       aid-compatible handset deployment requirements for more than half of
       the 12-month reporting period-failing to offer to consumers the
       requisite number or percentage of handset models with a minimum T3
       rating for seven 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 $39,000 against North Central for apparently
       willfully and repeatedly failing to comply with the hearing
       aid-compatible handset deployment requirements set forth in section
       20.19(d)(3)(ii) of the Rules.

   IV. ORDERING clauses

   13. 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, North Central
       Wireless LC d/b/a i wireless IS NOTIFIED of its APPARENT LIABILITY FOR
       A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000)
       for apparent willful and repeated violation of section 20.19(d)(3)(ii)
       of the Rules.

   14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
       within thirty (30) calendar days after the release date of this Notice
       of Apparent Liability for Forfeiture, North Central Wireless LC d/b/a
       i wireless SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   15. 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. North Central Wireless LC
       d/b/a i wireless must also send electronic notification to Jennifer
       Burton at Jennifer.Burton@fcc.gov, Pamera Hairston at
       Pamera.Hairston@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov
       on the date said payment is made.

   16. 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 Jennifer Burton at Jennifer.Burton@fcc.gov and
       Pamera Hairston at Pamera.Hairston@fcc.gov.

   17. 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.

   18. 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 Kenneth Axon, Chief Executive Officer,
       North Central Wireless LC d/b/a i wireless, 536 N. Main Street,
       Goldfield, IA 50542.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

                                    APPENDIX

                   North Central Wireless LC d/b/a i wireless

                 Hearing Aid-Compatible Handset Model Offerings

                             (T3 or higher rating)


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

  January     18       8                          Yes                                                             
   2010                                                                                                           

 February     18       8                                  Yes                                                     
   2010                                                                                                           

   March      18       8                                      Yes                                                 
   2010                                                                                                           

   April      18       8                                          Yes                                             
   2010                                                                                                           

 May 1-14,    17       6                                                     Yes                                  
   2010                      At least 1/3 of                                                                      

  May 1 -     17       6        of handset                                               Yes                      
 15, 2010                     models offered                                                                      

 June 2010    19       6                                                                     No                   

 July 2010    18       5      handset models                                                    No                

  August      17       4     (1/1/09-5/14/10)                          the total number            No             
   2010                                                               of handset models                           

 September    16       4                                                                              No          
   2010                                                               at least 7 handset                          

  October     19       5                                                                                 No       
   2010                                                               (5/15/10-12/31/10)                          

 November     18       5                                                                                    No    
   2010                                                                                                           

 December     16       4                                                                                       No 
   2010                                                                                                           


   North Central is a Global System for Mobile Communications-based
   ("GSM-based") Tier III carrier serving Iowa. 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: 22-23 (2002).

   47 C.F.R. S: 20.19(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)(B) of the Communications Act of
   1934, as amended (the "Act"), 47 U.S.C. S: 610(b)(2)(B).

   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 coupling (telecoil) modes as follows:

   In acoustic coupling mode, the microphone picks up surrounding sounds,
   desired and undesired, and converts them into electric 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.

   Hearing Aid Compatibility Order,  18 FCC Rcd 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 C63.19-2007 (June 8, 2007) ("ANSI C63.19-2007"), 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
   C63.19-2007, 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 requirements apply to each air interface over which service
   providers offer service. See Amendment of the Commission's Rules Governing
   Hearing Aid-Compatible Mobile Handsets, First Report and Order, 23 FCC Rcd
   3406, 3419 P:P: 35-36 (2008) ("Hearing Aid Compatibility First Report and
   Order"), Order on Reconsideration and Erratum, 23 FCC Rcd 7249 (2008)
   (stating that the hearing aid-compatible handset requirements apply on a
   per air interface basis). However, the handset deployment benchmarks do
   not apply to service providers and manufacturers that meet the de minimis
   exception. Id. at 3413 P: 20. See also 47 C.F.R. S: 20.19(e). 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, 11180-89 P:P: 35-59
   (2010).

   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 North Central Wireless LC, Hearing Aid Compatibility Status Report
   (filed Jan. 18, 2011) ("2010 Report"), available at
   http://wireless.fcc.gov/hac_documents/110210/5936151_138.PDF.

   The FCC Office of Engineering and Technology Equipment Authorization
   System is an electronic database of all equipment certified under FCC
   authority. The database 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 or of any modifications to such authorizations. See
   http://transition.fcc.gov/oet/ea/fccid/.

   See 2010 Report.

   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). We note that while non-hearing aid-compatible handsets are
   technically available to all consumers, these handsets may not function
   effectively with hearing aids and can create excessive feedback and
   "noise." See Hearing Aid Compatibility Order, 18 FCC Rcd at 16756 P: 6
   ("[D]igital wireless phones can cause interference to hearing aids and
   cochlear implants because of electromagnetic energy emitted by the phone's
   antenna, backlight, or other components. This interference can be
   significant enough to prevent individuals with hearing aids or cochlear
   implants from using digital wireless phones and services. In addition,
   most wireless phones do not internally provide the capability to
   inductively couple with hearing aids containing telecoils, as wireline
   phones do.").

   See Appendix, North Central Wireless LC d/b/a i wireless Hearing
   Aid-Compatible Handset Model Offerings (T3 or higher rating) (indicating
   that between June 1, 2010 and December 31, 2010, North Central offered
   between 16 and 19 handset models, only four to six of which had a minimum
   T3 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 clarifies that this definition of willful applies to both
   sections 312 and 503 of the Act, H.R. Conf. Rep. No. 97-765 (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); 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 Monetary 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.

   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)(4); 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)(2)
   of the Rules, 47 C.F.R. S: 1.80(b)(2), three times to increase the maximum
   forfeiture amounts, in accordance with the inflation adjustment
   requirements contained in the Federal Civil Penalties Inflation Adjustment
   Act of 1990, 28 U.S.C. S: 2461 note, as amended by the Debt Collection
   Improvement Act of 1996, 31 U.S.C. S: 3701 note. 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(b) of the
   Commission's Rules, Adjustment of Forfeiture Maxima to Reflect Inflation,
   Order, 23 FCC Rcd 9845, 9847 (2008) (adjusting the maximum statutory
   amounts for common carriers from $130,000/$1,325,000 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)(5), Note to
   paragraph (b)(5): 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,  Report and
   Order, 12 FCC Rcd 17087 (1997), recon. denied, Memorandum Opinion and
   Order, 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 P: 22.

   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 Section 68.4(a) of the Commission's
   Rules Governing Hearing Aid-Compatible Telephones, Report on the Status of
   Implementation of the Commission's Hearing Aid Compatibility Requirements,
   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 people - with that number expected to reach
   approximately 40 million people at the end of [2010]").

   See South Canaan Cellular Communications Company, L.P., Notice of Apparent
   Laibility for Forfeiture, 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., Notice
   of Apparent Liability for Forfeiture, 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 30.

   See supra para. 5. See also Appendix.

   See 47 C.F.R. S: 1.80(b)(5), Note to Paragraph (b)(5): 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 North Central'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." See 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 North
   Central's apparent violations that have occurred within the past year.

   47 C.F.R. S: 20.19(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(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 11-2034

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   Federal Communications Commission DA 11-2034