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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
                                )                                
     In the Matter of               File No.: EB-11-SE-050       
                                )                                
     iSmart Mobile, LLC d/b/a       NAL/Acct. No.: 201232100012  
                                )                                
     Big Sky Mobile                 FRN: 0019107051              
                                )                                
                                                                 
                                )                                


                  Notice of apparent Liability for forfeiture

   Adopted: December 23, 2011 Released: December 23, 2011

   By the Acting Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we
       propose a forfeiture in the amount of twenty-one thousand dollars
       ($21,000) against iSmart Mobile, LLC d/b/a Big Sky Mobile ("Big Sky").
       As detailed herein, we find that Big Sky apparently willfully and
       repeatedly violated section 20.19(c)(3)(ii) of the Commission's rules
       ("Rules"). We further find that the apparent misconduct continued for
       the entire 2010 calendar year. Specifically, Big Sky 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, Big Sky submitted a hearing aid compatibility
       status report covering January 1, 2010 to December 31, 2010. Big Sky
       identified each handset model it offered to consumers and specified
       the model's FCC Identification ("FCC ID") as well as the hearing aid
       compatibility rating, if any. After a careful review of Big Sky'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 Big Sky apparently failed to offer, for extended periods during
       the 2010 calendar year, the required number or percentage of handset
       models that met or exceeded the M3 rating.

   III. DISCUSSION

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

    5. We find that Big Sky 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 and December 31,
       2010, Big Sky was required to offer at least five M3 or higher rated
       handset models per air interface, half of the 10 handset models it
       made available to consumers without hearing loss.  As set forth in
       greater detail in the Appendix, Big Sky apparently failed to meet this
       standard, repeatedly falling short by one handset model.  Accordingly,
       we find that Big Sky 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 handset models that met or
       exceeded the M3 rating. We further find that this apparent misconduct
       continued for the entire 2010 calendar year.

   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 Big Sky is
       apparently liable for a forfeiture for its apparent willful and
       repeated violations of section 20.19(c)(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, we focus on
       Big Sky's apparent failure in December 2010 to offer to consumers the
       requisite number or percentage of handset models with a minimum M3
       rating. Big Sky missed the established benchmark by one handset model.
       Accordingly, and consistent with section 503(b)(6) of the Act, we
       start with a base forfeiture of $15,000 for Big Sky's apparent failure
       to offer to consumers the required number or percentage of handset
       models with a minimum M3 rating in willful and repeated violation of
       section 20.19(c)(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 $15,000
       total base forfeiture amount is warranted. In this regard, we take
       into account that Big Sky was out of compliance with the hearing
       aid-compatible handset deployment requirements for the entire 2010
       calendar year. Based on all the factors and evidence, including the
       fact that Big Sky was out of compliance with the hearing
       aid-compatible handset deployment requirements for the entire 2010
       calendar year, we propose a forfeiture of $21,000 against Big Sky for
       apparently willfully and repeatedly failing to comply with the hearing
       aid-compatible handset deployment requirements set forth in section
       20.19(c)(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, iSmart Mobile, LLC
   d/b/a Big Sky Mobile IS NOTIFIED of its APPARENT LIABILITY FOR A
   FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for
   apparent willful and repeated violation of section 20.19(c)(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, iSmart Mobile, LLC d/b/a Big Sky Mobile
   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.  iSmart Mobile, LLC d/b/a Big Sky
   Mobile must also send electronic notification to Paul Noone at
   Paul.Noone@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 Paul Noone at
   Paul.Noone@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 Richard Stupansky Jr., Chief Operating Officer,
   iSmart Mobile, LLC, 23500 Mercantile Road, Beachwood, OH 44122.

   FEDERAL COMMUNICATIONS COMMISSION

   John D. Poutasse

   Acting Chief

   Spectrum Enforcement Division

   Enforcement Bureau

                                    APPENDIX

                    iSmart Mobile, LLC d/b/a Big Sky Mobile

                 Hearing Aid-Compatible Handset Model Offerings

                             (M3 or higher rating)


                      Hearing        Hearing                                                            
            Total  Aid-Compatible Aid-Compatible     M3                                                 
  Period   Handset    Handsets       Handsets                                                           
           Models     Offered        Required    Compliance?                                            
           Offered                                                                                      
                    (M3 rating)    (M3 rating)                                                          

  January    10          4                           No                                                 
   2010                                                                                                 

 February    10          4                                   No                                         
   2010                                                                                                 

   March     10          4                                      No                                      
   2010                                                                                                 

   April     10          4                                         No                                   
   2010                                                                                                 

 May 1-14,   10          4                                               No                             
   2010                            At least 50%                                                         

    May                             number of                                                           
  15-31,     10          4        handset models                                No                      
   2010                             offered or                        At least                          

 June 2010   10          4          at least 9                        the total    No                   

 July 2010   10          4                                             handset        No                

  August     10          4           5/14/10)                          offered           No             
   2010                                                                  or                             

 September   10          4                                            at least              No          
   2010                                                                  10                             

  October    10          4                                             models                  No       
   2010                                                                                                 

 November    10          4                                                -                       No    
   2010                                                               12/31/10)                         

 December    10          4                                                                           No 
   2010                                                                                                 


   Big Sky is a Tier III carrier serving the Bozeman, Montana area. 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). Big
   Sky offers service over the Global System for Mobile Communications
   ("GSM") air interface.

   47 C.F.R. S: 20.19(c)(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 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.

   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 a 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 deployment requirements
   apply on a per air interface basis). However, the handset deployment
   requirements 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 GSM, Code Division Multiple Access ("CDMA"), 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 iSmart Mobile, LLC d/b/a Big Sky Mobile Hearing Aid Compatibility
   Status Report (filed January 18, 2011), available at
   http://wireless.fcc.gov/hac_documents/110210/5950635_309.PDF ("2010
   Report").

   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 authorization. See
   http://transition.fcc.gov/oet/ea/fccid/.

   We note that our review revealed apparent inconsistencies between the
   hearing aid compatibility ratings for certain handset models listed in the
   2010 Report and the ratings specified in the Commission's equipment
   authorizations for those models. Specifically, Big Sky's 2010 Report
   indicated that the Motorola Z6 handset model (FCC ID IHDT56GG1) and the
   Nokia 2760 handset model (FCC ID QTLRM-259) each has an M3/T3 rating when
   in fact Commission records show that these handset models are not rated
   for hearing aid compatibility. Moreover, although not relevant to our
   findings herein, the review revealed an additional inconsistency: Big
   Sky's 2010 Report indicated that the Samsung t219 handset model (FCC ID
   A3LSGHT219S) has an M3 rating when Commission records show that the
   handset model has an M3/T3 rating.

   See 2010 Report.

   All of Big Sky's handset models for the 2010 reporting period operated
   over the GSM air interface. See id.

   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, iSmart Mobile, LLC d/b/a Big Sky Mobile Hearing
   Aid-Compatible Handset Model Offerings (M3 or higher rating) (indicating
   that between January 2010 and December 2010, Big Sky offered 10 handset
   models, only four 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 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) (forfeiture
   paid); 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
   Liability 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 32.

   See supra para. 5.

   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 Big Sky'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 Big Sky's apparent
   violations that have occurred within the past year.

   47 C.F.R. S: 20.19(c)(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).

   47 C.F.R. S: 1.80.

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

   Federal Communications Commission DA 11-2061

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   Federal Communications Commission DA 11-2061