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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                            
                                                                       
                                          )   File No.: EB-09-SE-149   
     In the Matter of                                                  
                                          )   Acct. No.: 201232100038  
     HTC America, Inc.; HTC Corporation                                
                                          )   FRN: 0018941682          
                                                                       
                                          )                            


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission, HTC
   America, Inc., a subsidiary of HTC Corporation, and HTC Corporation by
   their authorized representatives, hereby enter into this Consent Decree
   for the purpose of terminating the Enforcement Bureau's investigation into
   possible violations of Sections 20.19(c)(1) and 20.19(d)(1) of the
   Commission's rules pertaining to the deployment of digital wireless
   hearing aid-compatible handset models.

   I. DEFINITIONS

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

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

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

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

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

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

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

     a. "Covered Employees" means all employees and agents of HTC who
        perform, or supervise, oversee, or manage the performance of, duties
        that relate to HTC's responsibilities under the Hearing Aid
        Compatibility Rules, but excludes those employees or agents of HTC
        who perform factory labor associated with the manufacture and
        assembly of digital wireless handsets, those solely involved in the
        sales and marketing of digital wireless handsets for distribution
        outside the United States and its territories, and those agents, if
        any, who perform independent testing of HTC's digital wireless
        handsets.

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

    i. "Hearing Aid Compatibility Rules" means section 20.19 of the Rules and
       other Communications Laws governing digital wireless hearing
       aid-compatibility, such as the Rules governing the design, selection,
       or acquisition of wireless handsets and the marketing or distribution
       of such handsets within the United States and its territories.

    j. "HTC" means HTC America, Inc. and HTC Corporation, as well as their
       predecessors-in-interest and successors-in-interest.

    k. "Investigation" means the investigation initiated by the Bureau in
       response to a referral from the Wireless Telecommunications Bureau
       regarding possible violations of Sections 20.19(c)(1) and 20.19(d)(1)
       of the Rules.

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

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

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

   II. BACKGROUND

    2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
       several measures to enhance the ability of consumers with hearing loss
       to access digital wireless telecommunications. The Commission
       established technical standards for radio frequency interference (the
       M rating) and inductive coupling (the T rating) that digital wireless
       handsets must meet to be considered compatible with hearing aids
       operating in acoustic coupling and inductive coupling (telecoil)
       modes, respectively. For each of these standards, the Commission
       further established deadlines by which manufacturers and service
       providers must offer specified numbers or percentages of digital
       wireless handsets per air interface that are compliant with the
       relevant standard. In February 2008, as part of a comprehensive
       reconsideration of the effectiveness of the Hearing Aid Compatibility
       Rules, the Commission released an order that, among other things,
       adopted new hearing aid-compatible handset deployment benchmarks
       beginning in 2008.

    3. HTC Corporation designs and manufacturers handheld wireless
       telecommunications devices, including digital wireless handsets. HTC
       America, Inc., a wholly-owned subsidiary of HTC Corporation,
       represents that it controls the sales and marketing of such digital
       wireless handsets in the United States. HTC Corporation's hearing aid
       compatibility status report covering the period July 1, 2008 through
       December 31, 2008 was filed on January 15, 2009. HTC Corporation's
       hearing aid compatibility status report covering the period January 1,
       2009 through June 30, 2009 was filed on July 15, 2009. On November 25,
       2009, the Wireless Telecommunications Bureau referred HTC's apparent
       hearing aid-compatible handset deployment violations to the Bureau's
       Spectrum Enforcement Division (Division) for investigation and
       possible enforcement action. HTC Corporation's hearing aid
       compatibility status report for the period covering July 1, 2009
       through June 30, 2010 was filed on July 15, 2010. HTC Corporation's
       hearing aid compatibility status report for the period covering July
       1, 2010 through June 30, 2011 was filed on July 14, 2011. HTC asserts
       that the company is now fully compliant with the hearing
       aid-compatible handset deployment requirements and that, as of June
       2012, all handset models offered by HTC met or exceeded both the M3
       and T3 rating for hearing aid compatibility. The Bureau and HTC
       entered into tolling agreements to toll the statute of limitations,
       and negotiated the terms of this Consent Decree.

   III. TERMS OF AGREEMENT

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

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

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

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

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

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

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

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

     d. Compliance Training Program. HTC shall establish and implement a
        Compliance Training Program on compliance with the Hearing Aid
        Compatibility Rules and the Operating Procedures. As part of the
        Compliance Training Program, Covered Employees shall be advised of
        HTC's obligation to report any noncompliance with the Hearing Aid
        Compatibility Rules under paragraph 10 of this Consent Decree and
        shall be instructed on how to disclose noncompliance to the
        Compliance Officer. All Covered Employees shall be trained pursuant
        to the Compliance Training Program within sixty (60) calendar days
        after the Effective Date,  except that any person who becomes a
        Covered Employee at any time after the Effective Date shall be
        trained within thirty (30) calendar days after the date such person
        becomes a Covered Employee. HTC shall repeat the compliance training
        on an annual basis, and shall periodically review and revise the
        Compliance Training Program as necessary to ensure that it remains
        current and complete and to enhance its effectiveness.

    9. Outreach Program on Hearing Aid Compatibility. As part of its efforts
       to comply with the Hearing Aid Compatibility Rules and to consider the
       needs of the hearing disabled community early in the product design
       process, HTC shall, within sixty (60) calendar days after the
       Effective Date, establish and implement a comprehensive hearing aid
       compatibility outreach program to individuals with hearing
       disabilities and to a wide range of organizations that represent the
       hearing disabled. The purpose of the outreach program will be to gain
       insight into the mobile handset communications needs of individuals
       with hearing disabilities and how HTC can address those needs in the
       design of its digital wireless handset models. HTC shall conduct these
       hearing aid compatibility outreach efforts on at least a quarterly
       basis during the term of this Consent Decree. HTC's hearing aid
       compatibility outreach program shall include outreach efforts such as
       focus groups, surveys, consultations, and other appropriate contacts
       with disability group leaders, individuals with hearing disabilities
       and/or their representatives.

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

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

    a. Each compliance report shall include a detailed description of HTC's
       efforts during the relevant period to comply with the terms and
       conditions of this Consent Decree and the Hearing Aid Compatibility
       Rules. In addition, each Compliance Report shall include a
       certification by the Compliance Officer, as an agent of and on behalf
       of HTC, stating that the Compliance Officer has personal knowledge
       that HTC (i) has established and implemented the Compliance Plan; (ii)
       has utilized the Operating Procedures since the implementation of the
       Compliance Plan; (iii) has established and implemented the outreach
       program described in paragraph 9 of this Consent Decree; and (iv) is
       not aware of any instances of noncompliance with the terms and
       conditions of this Consent Decree, including the reporting obligations
       set forth in paragraph 10 hereof.

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

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

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

   12. Termination Date. Unless stated otherwise, the requirements of
       paragraphs 8 through 11 of the Consent Decree shall expire twenty-four
       (24) months after the Effective Date.

   13. Voluntary Contribution.  HTC agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of five
       hundred and fifteen thousand dollars ($515,000) within thirty (30)
       calendar days after the Effective Date. HTC shall also send electronic
       notification of payment to Linda Nagel at Linda.Nagel@fcc.gov, Pamera
       Hairston at Pamera.Hariston@fcc.gov, and Samantha Peoples at
       Sam.Peoples@fcc.gov on the date said payment is made. The payment must
       be made by check or similar instrument, wire transfer, or credit card,
       and must include the NAL/Account number and FRN referenced above.
       Regardless of the form of payment, a completed 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).   Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   If you have questions regarding payment procedures, please contact the
   Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov. 

   14. Waivers. HTC waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order as defined herein. HTC 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 HTC nor the Commission shall contest the
       validity of the Consent Decree or of the Adopting Order, and HTC shall
       waive any statutory right to a trial de novo. HTC hereby agrees to
       waive any claims it may have under the Equal Access to Justice Act
       relating to the matters addressed in this Consent Decree.

   15. 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.

   16. 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 HTC does not expressly consent)
       that provision will be superseded by such Rule or Commission order.

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

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

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

   20. 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.

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

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


     _______________________________                                         
                                                                             
     P. Michele Ellison                                                      
                                                                             
     Chief                                                                   
                                                                             
     Enforcement Bureau                                                      
                                                                             
     ________________________________                                        
                                                                             
     Date                                                                    
                                                                             
     ________________________________                                        
                                                                             
     Brooks Larsen                                                           
                                                                             
     Vice President & Associate General Counsel                              
                                                                             
     HTC America, Inc.,                                                      
                                                                             
     on behalf of and as authorized by HTC America, Inc. and HTC             
     Corporation                                                             
                                                                             
     ________________________________                                        
                                                                             
     Date                                                                    


   47 C.F.R. S: 20.19(c)(1), (d)(1).

   The Commission adopted these requirements for digital wireless telephones
   under the authority of the Hearing Aid Compatibility Act of 1988, codified
   at Section 710(b)(2)(C) of the Act, 47 U.S.C. S: 610(b)(2)(C). See Section
   68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
   Telephones, Report and Order, 18 FCC Rcd 16753, 16787, para. 89 (2003);
   Erratum, 18 FCC Rcd 18047 (2003) (Hearing Aid Compatibility Order);  Order
   on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd
   11221 (2005).

   As subsequently amended, Section 20.19(b)(1) provides that, for the period
   beginning June 6, 2008 and ending December 31, 2009, a newly certified
   wireless handset is deemed hearing aid-compatible for radio frequency
   interference if, at minimum, it meets the M3 rating associated with the
   technical standard set forth in either the standard document "American
   National Standard Methods of Measurement of Compatibility between Wireless
   Communication Devices and Hearing Aids," ANSI C63.19-2006 (June 12, 2006)
   or ANSI C63.19-2007 (June 8, 2007). Beginning January 1, 2010, a newly
   certified handset must meet at least an M3 rating under ANSI C63.19-2007
   to be considered hearing aid-compatible for radio frequency interference.
   47 C.F.R. S: 20.19(b)(1). Section 20.19(b)(2) provides that, for the
   period beginning June 6, 2008 and ending December 31, 2009, a newly
   certified wireless handset is deemed hearing aid-compatible for inductive
   coupling if, at minimum, it meets the T3 rating associated with the
   technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007,
   and beginning January 1, 2010, it is deemed hearing aid-compatible for
   inductive coupling if it meets at least a T3 rating under ANSI
   C63.19-2007. See id. S: 20.19(b)(2). Grants of certification issued before
   June 6, 2008, under previous versions of ANSI C63.19 remain valid for
   hearing aid compatibility purposes. A recently adopted further amendment
   to Section 20.19(b) will permit manufacturers to test handsets for hearing
   aid compatibility using the 2011 version of the ANSI standard (ANSI
   C63.19-2011) as an alternative to ANSI C63.19-2007.  See Amendment of the
   Commission's Rules Governing Hearing Aid-Compatible Mobile Handsets, Third
   Report and Order, 27 FCC Rcd 3732 (2012).

   The term "air interface" refers to the technical protocol that ensures
   compatibility between mobile radio service equipment, such as handsets,
   and the service provider's base stations. Currently, the leading air
   interfaces include Code Division Multiple Access (CDMA), Global System for
   Mobile Communications (GSM), Integrated Digital Enhanced Network (iDEN)
   and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
   Telecommunications System (UMTS).

   See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47
   C.F.R. S: 20.19(c), (d).

   See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
   Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008), Order on
   Reconsideration and Erratum, 23 FCC Rcd 7249 (2008). These handset
   deployment requirements do not apply to service providers and
   manufacturers that meet the de minimis exception. The de minimis exception
   provides that manufacturers or mobile service providers that offer two or
   fewer digital wireless handset models per air interface are exempt from
   the hearing aid compatibility requirements, and manufacturers or service
   providers that offer three digital wireless handset models per air
   interface must offer at least one compliant model. 47 C.F.R. S: 20.19(e).
   Effective September 10, 2012, the de minimis exception will not be
   available to manufacturers or mobile service providers that do not meet
   the definition of a "small entity" beginning two years after their initial
   offerings. 47 C.F.R. S: 20.19(e)(1)(ii); see also Amendment of the
   Commission's Rules Governing Hearing Aid-Compatible Mobile Handsets,
   Policy Statement and Second Report and Order and Further Notice of
   Proposed Rulemaking, 25 FCC Rcd 11167, 11180-11189 paras. 35-59 (2010).

   HTC Corporation, Hearing Aid Compatibility Status Report (filed Jan. 15,
   2009) available at
   http://fjallfoss.fcc.gov/ecfs/document/view?id=6520193732.

   HTC Corporation, Hearing Aid Compatibility Status Report (filed July 15,
   2009) available at 
   http://wireless.fcc.gov/hac_documents/090721/HTC%20Corporation_16.PDF.

   HTC Corporation, Hearing Aid Compatibility Status Report (filed July 15,
   2010) available at
   http://wireless.fcc.gov/hac_documents/100720/HTC%20Corporation_22.PDF.

   HTC Corporation, Hearing Aid Compatibility Status Report (filed July 14,
   2011) available at
   http://wireless.fcc.gov/hac_documents/110720/6229629_4.PDF.

   See Letter from Amy Wolverton, Executive Director of Public Policy and
   Government Affairs, HTC America, Inc., to John D. Poutasse, Chief,
   Spectrum Enforcement Division, FCC Enforcement Bureau (July 29, 2012) (on
   file in EB-09-SE-149).

   See, e.g., Tolling Agreement Extension, executed by and between John D.
   Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau,
   and Amy Wolverton, Executive Director of Public Policy and Government
   Affairs, HTC America, Inc. (July 20, 2012) (on file in EB-09-SE-149).

   The Bureau analyzed HTC's possible violations of Sections 20.19(c)(1) and
   20.19(d)(1) of the Rules consistent with the new base forfeiture
   calculation methodology set forth in the Commission's recent T-Mobile
   decision (see T-Mobile USA, Inc., Notice of Apparent Liability for
   Forfeiture, 27 FCC Rcd 4405 (2012)) and applied the statutory factors set
   forth in Section 503(b)(2)(E) of the Act.  We also took into consideration
   the fact that the Parties had engaged in lengthy and productive settlement
   negotiations over the terms of this Consent Decree and were nearing
   agreement prior to the release of the T-Mobile decision.

   47 C.F.R. S: 1.16.

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   Equal Access to Justice Act, Pub L. No 96-481, 94 Stat. 2325 (1980)
   (codified at 5 U.S.C. S: 504); see also 47 C.F.R. S:S: 1.1501-1.1530.

   Federal Communications Commission DA 12-1381

   2

   2

   Federal Communications Commission DA 12-1381