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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
                                                 )                           
                                                                             
     In the Matter of                            )   File No. EB-09-SE-162   
                                                                             
     ACS Wireless, Inc. a subsidiary of Alaska   )   Acct. No. 201032100009  
     Communications Systems                                                  
                                                 )   FRN No. 0019483718      
                                                                             
                                                 )                           
                                                                             
                                                 )                           


                                     ORDER

   Adopted: January 18, 2011 Released: January 19, 2011

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

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and ACS Wireless, Inc.
       ("ACSW"). The Consent Decree terminates an investigation by the Bureau
       and cancels the Notice of Apparent Liability for Forfeiture ("NAL")
       issued against ACSW for possible violations of Sections 20.19 (h) and
       (i)(1) of the Commission's Rules ("Rules"), regarding compliance with
       the Commission's regulations pertaining to hearing aid compatibility
       for wireless handsets.

    2. The Bureau and ACSW have negotiated the terms of the Consent Decree
       that resolves this matter. A copy of the Consent Decree is attached
       hereto and incorporated 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, which terminates the investigation and
       cancels the NAL.

    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 ACSW 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 Rules, the Consent Decree attached to this Order IS
       ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED and the Notice of Apparent Liability for Forfeiture IS
       CANCELLED.

    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 counsel for ACS Wireless, Inc., James H. Lister, Esq.,
       Birch, Horton, Bittner and Cherot, P.C., 1155 Connecticut Avenue,
       N.W., Suite 1200, Washington, D.C. 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   Ricardo M. Durham

   Acting Chief

   Spectrum Enforcement Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
                                                 )                           
                                                                             
     In the Matter of                            )   File No. EB-09-SE-162   
                                                                             
     ACS Wireless, Inc., a subsidiary of         )   Acct. No. 201032100009  
     Alaska Communications Systems                                           
                                                 )   FRN No. 0019483718      
                                                                             
                                                 )                           
                                                                             
                                                 )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and ACS Wireless, Inc. ("ACSW"), by
   their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Bureau's investigation into whether
   ACSW violated Sections 20.19(h) and 20.19(i)(1) of the Commission's Rules
   regarding web site posting and reporting of information concerning ACSW's
   compliance with the wireless handset hearing aid compatibility rules.

   I. DEFINITIONS

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

   (a) "ACSW" means ACS Wireless, Inc. and its predecessors-in-interest and
   successors-in-interest.

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

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

   (d) "Bureau" means the Enforcement Bureau of the Federal Communications
   Commission.

   (e) "Commission" and "FCC" mean the Federal Communications Commission and
   all of its bureaus and offices.

   (f) "Compliance Plan" means the program described in this Consent Decree
   at paragraph 9.

   (g) "Effective Date" means the date the Bureau releases the Adopting
   Order.

   (h) "Investigation" means the investigation initiated by the Bureau's
   October 1, 2009 Letter of Inquiry regarding whether ACSW violated the web
   site posting and reporting requirements of Sections 20.19(h) and
   20.19(i)(1) of the Rules.

   (i) "NAL" means ACS Wireless, Inc., Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 291 (Enf. Bur., Spectrum Enf. Div. 2010).

   (j) "Parties" mean ACSW and the Bureau.

   (k) "Rules" mean 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 individuals with hearing
       disabilities to access digital wireless telecommunications. 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 beginning in 2008. Pursuant to Section
       20.19(i)(1) of the Rules, service providers must submit hearing aid
       compatibility status reports regarding hearing aid compatibility
       compliance on January 15, 2009 (covering the six month period ending
       December 31, 2008) and then annually thereafter. Pursuant to Section
       20.19(h) of the Rules, beginning January 15, 2009, each service
       provider that operates a publicly-accessible web site must make
       available on its web site a list of all hearing aid-compatible handset
       models currently offered, the ratings of those models, an explanation
       of the rating system, and related information. Any changes to a
       service provider's offerings must be reflected on its public web site
       listing within 30 days of the change.

    3. On October 1, 2009, the Enforcement Bureau's Spectrum Enforcement
       Division ("Division") issued the October 1, 2009 LOI to ACSW. The
       October 1, 2009 LOI directed ACSW to, among other things, submit a
       sworn written response to a series of questions relating to the web
       site posting and reporting requirements of Sections 20.19(h) and
       20.19(i)(1) of the Rules. ACSW responded to the October 1, 2009 LOI on
       October 16, 2009.

    4. On January 14, 2010, the Division issued a Notice of Apparent
       Liability for Forfeiture proposing that ACSW be held liable for a
       forfeiture of $12,000 under Section 503(b)(1)(B) of the Act, and
       ordering ACSW either to pay the proposed forfeiture or file a written
       response within thirty (30) days of the NAL release date stating why
       the proposed forfeiture should be reduced or canceled.

   III. TERMS OF AGREEMENT

    5. 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
       without change, addition, modification, or deletion.

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

    7. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the Bureau releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    8. 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 and cancel the NAL. In consideration for the termination
       of said Investigation and cancellation of the NAL, ACSW 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 the Investigation through the Effective
       Date of the Consent Decree, 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 ACSW 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 of this Consent Decree, 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 ACSW with respect to ACSW's
       basic qualifications, including its character qualifications, to be a
       Commission licensee or authorized common carrier.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein, ACSW agrees to maintain a Compliance Plan related to future
       compliance with the Act, the Commission's Rules, and the Commission's
       Orders. The Plan will include, at a minimum, the following components:

   (a) Compliance Officer. ACSW has designated a hearing aid compatibility
   compliance officer. The designated hearing aid compatibility compliance
   officer will be familiar the Commission's hearing aid compatibility
   regulations, including the reporting and web site posting requirements.
   The designated hearing aid compatibility compliance officer will also
   review the Commission's hearing aid compatibility regulations on a monthly
   basis in order to stay abreast of pending benchmarks and any new hearing
   aid compatibility requirements.

   (b) Training and Compliance Manual. The designated hearing aid
   compatibility compliance officer will be responsible for ensuring that all
   ACSW regulatory staff, ACSW's web master, and ACSW's product managers
   responsible for wireless phone offerings receive training regarding: (a)
   the functionalities and hearing aid compatibility capabilities of the
   handsets ACSW offers for sale, (b) the necessary annual information
   reporting to the FCC regarding such capabilities, and (c) the necessary
   web site posting of information regarding such capabilities. Such training
   will be completed within ninety days of the Effective Date and any new
   employees will receive training within sixty days of their employment. The
   designated hearing aid compatibility compliance officer will prepare
   within 90 days after the Effective Date a Compliance Manual reviewing
   these training requirements and specific business processes that ACSW is
   undertaking to ensure that the necessary annual reports are timely filed
   and that ACSW's web site contains the necessary information and is timely
   updated. This will include a business interface between the product
   managers and the web master so that the web master is automatically
   apprised of new product offerings and so can update the web site promptly.

   (c) Consumer Outreach. ACSW will continue to advertise the availability of
   hearing aid-compatible handsets on its web site and in such other media as
   it normally utilizes for business advertising, in order to ensure that all
   of its retail customers are aware that hearing aid-compatible handsets are
   available.

   (d) Compliance Reports. ACSW will file compliance reports with the
   Commission ninety (90) days after the Effective Date, twelve (12) months
   after the Effective Date, and twenty-four (24) months after the Effective
   Date. Each compliance report shall include a compliance certificate from
   an officer, as an agent of ACSW, stating that the officer has personal
   knowledge that ACSW  has established operating procedures intended to
   ensure compliance with this Consent Decree, together with an accompanying
   statement explaining the basis for the officer's compliance certification.
   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. All reports
   shall also be submitted electronically to Ricardo.Durham@fcc.gov and to
   Linda.Nagel@fcc.gov.

   (e) Termination Date. Unless stated otherwise, the requirements of this
   Consent Decree will expire twenty-four (24) months from the Effective
   Date.

   10. 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 ACSW 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
       complaint 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 ACSW with the Act, the Rules, or the
       Order.

   11. Voluntary Contribution. ACSW agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of eight
       thousand five hundred dollars ($8,500). The payment will be made
       within 30 days after the Effective Date of the Adopting Order. 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 Number 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). ACSW will also send
       electronic notification to Ricardo.Durham@fcc.gov and to
       Linda.Nagel@fcc.gov on the date said payment is made.

   12. Waivers. ACSW 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 Order adopting this Consent Decree, provided the Bureau issues
       an Order adopting the Consent Decree without change, addition,
       modification, or deletion. ACSW 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 ACSW nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and ACSW shall
       waive any statutory right to a trial de novo. ACSW hereby agrees to
       waive any claims it may otherwise 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.

   13. 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.

   14. 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 ACSW does not expressly consent)
       that provision will be superseded by such Commission rule or Order.

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

   16. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. 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 Act or the Commission's Rules and Orders and shall
       not be construed as an admission by ACSW.

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

   18. 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.

   19. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   20. 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.

   _________________________________

   Ricardo M. Durham

   Acting Chief

   Spectrum Enforcement Division

   Enforcement Bureau

   ______________________________

   Date

   ______________________________

   Michael R. Todd

   Senior Vice President, Engineering and Operations

   ACS Wireless, Inc., a subsidiary of Alaska Communications Systems

   ______________________________

   Date

   ACS Wireless, Inc., Notice of Apparent Liability for Forfeiture, 25 FCC
   Rcd 291 (Enf. Bur., Spectrum Enf. Div. 2010) (response received).

   47 C.F.R. S:S: 20.19(h), 20.19(i)(1).

   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:S: 20.19(h), 20.19(i)(l).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Liane Pelletier,
   President, Alaska Communications Systems (Oct. 1, 2009) ("October 1, 2009
   LOI").

   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); Order on Reconsideration and
   Further Notice of Proposed Rulemaking, 20 FCC Rcd 11221 (2005).

   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).

   47 C.F.R. S: 20.19(i)(1).

   47 C.F.R. S: 20.19(h). See also Hearing Compatibility First Report and
   Order, 23 FCC Rcd at 3450 P: 112.

   See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3450 P:
   112.

   See supra footnote 2.

   See Letter from Lisa Phillips, Manager, Regulatory Affairs, ACSW, to Peter
   Waltonen, Esq., Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (Oct. 16, 2009).

   ACS Wireless, Inc., Notice of Apparent Liability for Forfeiture, 25 FCC
   Rcd 291 (Enf. Bur., Spectrum Enf. Div. 2010) (response received).

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