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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Airadigm Communications, Inc. dba Airfire Mobile ) ) ) )
) ) File Nos.: EB-11-SE-045; EB-SED-12-00003753 Acct. No.: 201232100010
FRN: 0002701688
ORDER
Adopted: June 21, 2013 Released: June 21, 2013
By the Acting Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and Airadigm Communications, Inc. dba Airfire
Mobile (Airadigm). The Consent Decree resolves and terminates the
Bureau's investigations into possible violations of Sections
20.19(c)(3) and 20.19(d)(3) of the Commission's rules (Rules)^
pertaining to the deployment of digital wireless hearing
aid-compatible handsets.
2. The Bureau and Airadigm have negotiated the Consent Decree that
resolves these matters. A copy of the Consent Decree is attached
hereto and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigations.
4. In the absence of material new evidence relating to these matters, we
conclude that our investigations raise no substantial or material
questions of fact as to whether Airadigm 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), 4(j), 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 investigations ARE
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Robert Galle, Chief Executive Officer, Airadigm
Communications, Inc. dba Airfire Mobile, 2301Kelbe Drive, P.O. Box
206, Little Chute, WI 54140-1201, and to Todd Slamowitz, Esq., Lukas,
Nace, Gutierrez & Sachs, LLP, Counsel for Airadigm Communications,
Inc. dba Airfire Mobile, 8300 Greensboro Drive, Suite 1200, McLean, VA
22102.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Airadigm Communications, Inc. dba Airfire Mobile ) ) ) )
) ) File Nos.: EB-11-SE-045; EB-SED-12-00003753 Acct. No.: 201232100010
FRN: 0002701688
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Airadigm Communications, Inc. dba Airfire Mobile, by their authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau's investigations into possible
violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Commission's
rules^ pertaining to the deployment of digital wireless hearing
aid-compatible handsets.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Airadigm" means Airadigm Communications, Inc. dba Airfire Mobile and
its predecessors-in-interest and successors-in-interest.
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. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Airadigm is subject by virtue of its business activities,
including but not limited to, the Hearing Aid Compatibility Rules.
g. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 11.
h. "Covered Employees" means all employees and agents of Airadigm who
perform, or supervise, oversee, or manage the performance of, duties
that relate to Airadigm's responsibilities under the Hearing Aid
Compatibility Rules.
i. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
j. "Hearing Aid Compatibility Rules" means Section 20.19 of the Rules and
other Communications Laws governing digital wireless hearing aid
compatibility, such as the Rules governing the design, selection, or
acquisition of wireless handsets and the marketing or distribution of
such handsets to consumers in the United States.
k. "Investigations" means (1) the investigation commenced by the Bureau
pertaining to Airadigm's deployment of digital wireless
hearing-aid-compatible handsets during calendar year 2010, which
culminated in the issuance of the NAL; and (2) the investigation
commenced by the Bureau's August 28, 2012 letter of inquiry^ regarding
Airadigm's deployment of digital wireless hearing aid-compatible
handsets during calendar year 2011.
l. "NAL" means the Notice of Apparent Liability and Admonishment issued
to Airadigm on December 23, 2011, which proposed a forfeiture in the
amount of $30,000 for Airadigm's apparent willful and repeated
violation of Sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the
Rules, and which admonished Airadigm for its earlier violation of
Section 20.19(c)(3)(ii).^
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Airadigm to
implement the Compliance Plan.
n. "Parties" means Airadigm and the Bureau, each of which is a "Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
8. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
several measures to enhance the ability of consumers with hearing loss
to access digital wireless telecommunications.^ The Commission
established technical standards for radio frequency interference (the
M rating) and inductive coupling (the T rating)^ that digital wireless
handsets must meet to be considered compatible with hearing aids
operating in acoustic coupling and inductive coupling (telecoil)
modes, respectively. For each of these standards, the Commission
further established deadlines by which manufacturers and service
providers were required to offer specified numbers or percentages of
digital wireless handsets per air interface^ that are compliant with
the relevant standard.^ In February 2008, as part of a comprehensive
reconsideration of the effectiveness of the Hearing Aid Compatibility
Rules, the Commission released an order that, among other things,
adopted new compatible handset deployment benchmarks beginning in
2008.^
9. On January 17, 2011, Airadigm submitted its annual hearing aid
compatibility status report for the January 1, 2010 to December 31,
2010 reporting period.^ The Commission's Wireless Telecommunications
Bureau (Wireless Bureau) subsequently referred Airadigm's apparent
hearing aid-compatible handset deployment violations during the
January 1, 2010 to December 31, 2010 reporting period to the Bureau's
Spectrum Enforcement Division (Division) for investigation and
possible enforcement action. On December 23, 2011, the Bureau issued
the NAL to Airadigm.^ On January 23, 2012, Airadigm filed a response
to the NAL requesting that the proposed forfeiture be reduced or
canceled.^
10. On January 17, 2012, Airadigm submitted its annual hearing aid
compatibility status report for the January 1, 2011 to December 31,
2011 reporting period.^ The Wireless Bureau subsequently referred
Airadigm's apparent hearing aid-compatible handset deployment
violations during the January 1, 2011 to December 31, 2011 reporting
period to the Division for investigation and possible enforcement
action. On August 28, 2012, the Division issued a letter of inquiry
(LOI) to Airadigm, which directed the company to submit a sworn
written response to a series of questions related to its compliance
with the Hearing Aid Compatibility Rules.^
11. Airadigm responded to the LOI on September 17, 2012.^ In its LOI
Response, Airadigm claimed that during the 2011 reporting period, it
relied on inaccurate hearing aid compatibility ratings information
provided by its third party vendor.^ The Bureau and Airadigm entered
into a tolling agreement to toll the statute of limitations.^
III. TERMS OF AGREEMENT
12. 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.
13. Jurisdiction. Airadigm 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.
14. 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.
15. 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
Investigations. In consideration for the termination of the
Investigations, Airadigm 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 these Investigations 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 Airadigm concerning the matters that were the subject
of the Investigations. The Bureau also agrees that in the absence of
new material evidence it will not use the facts developed in the
Investigations 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 Airadigm
with respect to Airadigm's basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
16. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Airadigm 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
Compliance Officer shall be responsible for developing, implementing,
and administering the Compliance Plan and ensuring that Airadigm
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.
17. Compliance Plan. For purposes of settling the matters set forth
herein, Airadigm agrees that it shall within sixty (60) calendar days
after the Effective Date, develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws and
with the terms and conditions of this Consent Decree. With respect to
the Hearing Aid Compatibility Rules, Airadigm shall implement the
following procedures:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, Airadigm shall establish
Operating Procedures that all Covered Employees must follow to help
ensure Airadigm's compliance with the Hearing Aid Compatibility
Rules. Airadigm's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that Airadigm
offers the requisite number or percentage of hearing aid-compatible
digital wireless handset models to consumers as required by the
Hearing Aid Compatibility Rules. Airadigm 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 Covered Employees to verify the
hearing aid compatibility rating of each existing and proposed
handset model offering using the Commission's equipment authorization
database.
b. 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 Airadigm's compliance with the Hearing Aid Compatibility
Rules. Airadigm shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. Airadigm shall distribute any revisions
to the Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. Airadigm 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
Airadigm's obligation to report any noncompliance with the Hearing
Aid Compatibility Rules under paragraph 12 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. Airadigm 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.
18. Reporting Noncompliance. Airadigm 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
Airadigm 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 Airadigm 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, DC 20554, with a copy submitted
electronically to Kathy Harvey at Kathy.Harvey@fcc.gov and to Pamera
Hairston at Pamera.Hairston@fcc.gov.
19. Compliance Reports. Airadigm shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, twenty-four (24) months after
the Effective Date, and thirty-six (36) months after the Effective
Date.
a. Each Compliance Report shall include a detailed description of
Airadigm'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 Airadigm, stating that the Compliance Officer has personal
knowledge that Airadigm (i) has established and implemented the
Compliance Plan; (ii) has utilized the Operating Procedures since the
implementation of the Compliance Plan; and (iii) is not aware of any
instances of noncompliance with the terms and conditions of this
Consent Decree, including the reporting obligations set forth in
paragraph 12 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 Airadigm,
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 Airadigm 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 Airadigm 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, DC 20554, with a copy
submitted electronically to Kathy Harvey at Kathy.Harvey@fcc.gov and
to Pamera Hairston at Pamera.Hairston@fcc.gov.
20. Termination Date. The obligations set forth in paragraphs 10 through
13 of this Consent Decree shall expire thirty-six (36) months after
the Effective Date.
21. 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 Airadigm or its affiliates for alleged violations of the Act,
or for any other type of alleged misconduct, regardless of when such
misconduct took place. The Commission's adjudication of any such
complaints will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by Airadigm with the Communications Laws.
22. Voluntary Contribution. Airadigm agrees that it will make a voluntary
contribution to the United States Treasury in the amount of two
hundred and sixty thousand dollars ($260,000) (Voluntary Contribution)
within ninety (90) calendar days after the Effective Date. Airadigm
acknowledges and agrees that upon execution of this Consent Decree,
the voluntary contribution shall become a "Claim" or "Debt" as defined
in 31 U.S.C. S 3701(b)(1).^ Upon an Event of Default (as defined
below), all procedures for collection as permitted by law may, at the
Commission's discretion, be initiated. Airadigm shall also send
electronic notification of payment to Kathy Harvey at
Kathy.Harvey@fcc.gov, Pamera Hairston at Pamera.Hairston@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.
23. Event of Default. Airadigm agrees that an Event of Default shall occur
upon the failure by Airadigm to pay the full amount of the Voluntary
Contribution on or before the due date specified in this Consent
Decree.
24. Interest, Charges for Collection, and Acceleration of Maturity Date.
After an Event of Default has occurred under this Consent Decree, the
then unpaid amount of the Voluntary Contribution shall accrue
interest, computed using the rate of the U.S. Prime Rate in effect on
the date of the Event of Default plus 4.75 percent, from the date of
the Event of Default until payment in full. Upon an Event of Default,
the then unpaid amount of the Voluntary Contribution, together with
interest, as aforesaid, any penalties permitted and/or required by the
law, including but not limited to 31 U.S.C. S 3717 and administrative
charge(s), plus the costs of collection, litigation, and attorneys'
fees, shall become immediately due and payable, without notice,
presentment, demand, protest, or notice of protest of any kind, all of
which are waived by Airadigm.
25. Waivers. Airadigm 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. Airadigm 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 Airadigm nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and Airadigm
shall waive any statutory right to a trial de novo. Airadigm 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.
26. 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.
27. 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 Airadigm does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
28. Successors and Assigns. Airadigm agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
29. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to these Investigations. 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.
30. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
31. 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.
32. Authorized Representative. The individual signing this Consent Decree
on behalf of Airadigm represents and warrants that he is authorized by
Airadigm to execute this Consent Decree and to bind Airadigm to the
obligations set forth herein. The FCC signatory represents that he is
signing this Consent Decree in his official capacity and that he is
authorized to execute this Consent Decree.
33. 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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
Robert Galle
Chief Executive Officer
Airadigm Communications, Inc. dba Airfire Mobile
________________________________
Date
^ 47 C.F.R. S 20.19(c)(3), (d)(3).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ 47 C.F.R. S 20.19(c)(3), (d)(3).
^ Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, to Robert Galle, Chief Executive Officer, Airadigm
Communications, Inc. dba Airfire Mobile (Aug. 28, 2012) (on file in
EB-SED-12-00003753).
^ Airadigm Communications Inc. dba Airfire Wireless, Notice of Apparent
Liability for Forfeiture and Admonishment, 26 FCC Rcd 16914 (Enf. Bur.
2011).
^ 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 Communications Act of 1934,
as amended (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. 47 C.F.R. S 20.19(b)(2). Grants of certification
issued before June 6, 2008, under previous versions of ANSI C63.19 remain
valid for hearing aid compatibility purposes. A recently adopted further
amendment to Section 20.19(b) of the Rules 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 (WTB/OET 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) (Hearing
Aid Compatibility First Report and Order), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008).
^ See Airadigm Communications, Inc. Hearing Aid Compatibility Status
Report (filed Jan. 17, 2011), available at
http://wireless.fcc.gov/hac_documents/110210/5947902_278.PDF.
^ See supra note 3.
^ Airadigm Communications, Inc. dba Airfire Mobile, Response to Notice of
Apparent Liability for Forfeiture (Jan. 23, 2012) (on file in
EB-11-SE-045).
^ See Airadigm Communications, Inc. Hearing Aid Compatibility Report,
(Jan. 17, 2012) available at
http://wireless.fcc.gov/hac_documents/120307/6565414_251.PDF.
^ See supra note 2.
^ See Letter from Todd Slamowitz, Esq., Lukas, Nace, Gutierrez & Sachs,
LLP, Counsel for Airadigm Communications, Inc. dba Airfire Mobile, to
Marlene H. Dortch, Secretary, Federal Communications Commission (Sept. 17,
2012) (on file in EB-SED-00003753) (LOI Response).
^ Id. at 3.
^ See Tolling Agreement, File No. EB-SED-12-00003753, executed by and
between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and Robert Galle, Chief Executive Officer, Airadigm
Communications, Inc. dba Airfire Mobile (Aug. 28, 2012).
^ 47 C.F.R. S 1.16.
^ Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat.
1321, 1358 (Apr. 26, 1996).
^ 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. SS 1.1501-1.1530.
Federal Communications Commission DA 13-1346
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Federal Communications Commission DA 13-1346