Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of DOCOMO Pacific, Inc. ) ) ) ) ) ) File No.: EB-10-SE-109
Acct. No.: 201332100008 FRN: 0004242723
ORDER
Adopted: April 9, 2013 Released: April 9, 2013
By the 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 DOCOMO Pacific, Inc. (DOCOMO). The Consent
Decree resolves and terminates the Bureau's investigation 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 handset models.
2. The Bureau and DOCOMO have negotiated the Consent Decree that resolves
this matter. 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 investigation.
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 DOCOMO 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 investigation IS
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 James W. Hofman, II, DOCOMO Pacific, Inc., 219 South
Marine Corps Drive, Suite 206, Tamuning, GU 96913, and to Todd R.
Slamowitz, Esq., Lucas, Nace, Gutierrez & Sachs, LLP, Counsel for
DOCOMO Pacific, Inc., 8300 Greensboro Drive, Suite 1200, McLean, VA
22102.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of DOCOMO Pacific, Inc. ) ) ) ) ) File No.: EB-10-SE-109
Acct. No.: 201332100008 FRN: 0004242723
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and DOCOMO
Pacific, Inc., by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigation
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 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 DOCOMO 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, program, and
procedures described in this Consent Decree at paragraph 9.
g. "Covered Employees" means all employees and agents of DOCOMO who
perform, or supervise, oversee, or manage the performance of, duties
that relate to DOCOMO's responsibilities under the Hearing Aid
Compatibility Rules.
h. "DOCOMO" means DOCOMO Pacific, Inc. and its predecessors-in-interest
and successors-in-interest.
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. "Investigation" means the Investigation commenced by the Bureau's
September 28, 2010, letter of inquiry^ regarding DOCOMO's deployment
of digital wireless hearing aid-compatible handsets.
l. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by DOCOMO to implement
the Compliance Plan.
m. "Parties" means DOCOMO and the Bureau, each of which is a "Party."
n. "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 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 adopted new compatible handset deployment
benchmarks.^
3. On January 15, 2010, DOCOMO submitted its annual hearing aid
compatibility status report for the January 1, 2009, to December 31,
2009 reporting period.^ On August 12, 2010, the Wireless
Telecommunications Bureau referred DOCOMO's apparent hearing
aid-compatible handset deployment violations to the Bureau for
investigation and possible enforcement action. On September 28, 2010,
the Bureau's Spectrum Enforcement Division issued a letter of inquiry
(LOI) to DOCOMO, directing the company to submit a sworn written
response to a series of questions related to its compliance with
Sections 20.19(c)(3) and 20.19(d)(3) of the Rules.^ DOCOMO responded
to the LOI on October 29, 2010.^ In its LOI Response, DOCOMO asserts
that it was difficult to verify the hearing aid compatibility ratings
of certain of its handset models, and that it obtained handset model
ratings "from the resources at its disposal."^ On December 21, 2012,
DOCOMO submitted updated information regarding its handset offerings
during the January 1, 2009, to December 31, 2009 reporting period.^
The Bureau and DOCOMO entered into tolling agreements to toll the
statute of limitations.^
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. DOCOMO 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, DOCOMO 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
DOCOMO 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 DOCOMO with
respect to DOCOMO's basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission
licenses or authorizations.
8. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, DOCOMO 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 DOCOMO 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.
9. Compliance Plan. For purposes of settling the matters set forth
herein, DOCOMO 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, DOCOMO shall implement the
following procedures:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, DOCOMO shall establish
Operating Procedures that all Covered Employees must follow to help
ensure DOCOMO's compliance with the Hearing Aid Compatibility Rules.
DOCOMO's Operating Procedures shall include internal procedures and
policies specifically designed to ensure that DOCOMO offers the
requisite number or percentage of hearing aid-compatible digital
wireless handset models to consumers as required by the Hearing Aid
Compatibility Rules, and accurately reports its handset offerings in
annual hearing aid compatibility status reports. DOCOMO 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 DOCOMO's compliance with the Hearing Aid Compatibility Rules.
DOCOMO shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains
current and complete. DOCOMO shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. DOCOMO 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
DOCOMO'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. DOCOMO 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.
10. Reporting Noncompliance. DOCOMO 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
DOCOMO 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 DOCOMO 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 Jennifer Burton at Jennifer.Burton@fcc.gov and to
Pamera Hairston at Pamera.Hairston@fcc.gov.
11. Compliance Reports. DOCOMO 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
DOCOMO'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 DOCOMO, stating that the Compliance Officer has personal
knowledge that DOCOMO (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 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 DOCOMO, 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 DOCOMO 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 DOCOMO 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 Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, DC 20554, with a copy
submitted electronically to Jennifer Burton at Jennifer.Burton@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 this Consent Decree shall expire
twenty-four (24) months after the Effective Date.
13. 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 DOCOMO 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 DOCOMO with the Communications Laws.
14. Voluntary Contribution. DOCOMO agrees that it will make a voluntary
contribution to the United States Treasury in the amount of sixty five
thousand dollars ($65,000) within thirty (30) calendar days after the
Effective Date. DOCOMO shall also send electronic notification of
payment to Jennifer Burton at Jennifer.Burton@fcc.gov, Pamera Hairston
at Pamera.Hairston@fcc.gov, and Samantha Peoples at
Sam.Peoples@fcc.gov on the date said payment is made. 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.
15. Waivers. DOCOMO 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. DOCOMO 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 DOCOMO nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and DOCOMO
shall waive any statutory right to a trial de novo. DOCOMO 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.
16. 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.
17. 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 DOCOMO does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
18. Successors and Assigns. DOCOMO agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
19. 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.
20. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
21. 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.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of DOCOMO represents and warrants that he is authorized by
DOCOMO to execute this Consent Decree and to bind DOCOMO 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.
23. 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
_______________________________
James W. Hofman, II
General Counsel
DOCOMO Pacific, Inc.
___________________________
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 Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
FCC Enforcement Bureau, to John Wu, Chief Operations Officer, DOCOMO
Pacific, Inc. (Sept. 28, 2010) (on file in EB-10-SE-109).
^ 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. 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) 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); 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. See 47 C.F.R. S
20.19(e); 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, paras. 35-59 (2010).
^ DocomoPacific, Inc., Hearing Aid Compatibility Report, Docket No. 07-250
(Jan. 15, 2010) at
http://wireless.fcc.gov/hac_documents/100317/DOCOMO%20Pacific,%20Inc._145.PDF.
^ See supra note 2.
^ See Letter from David A. LaFuria, Lukas Nace Gutierrez & Sachs LLP,
Counsel to DOCOMO Pacific, Inc., to Jennifer Burton, Spectrum Enforcement
Division, FCC Enforcement Bureau (Oct. 29, 2010) (LOI Response) (on file
in EB-10-SE-109).
^ Id.
^ See Declaration of James W. Hofman, II, General Counsel, DOCOMO Pacific,
Inc. (Dec. 21, 2012) (on file in EB-10-SE-109).
^ See, e.g., Tolling Agreement Extension, File No. EB-10-SE-109, executed
by and between John D. Poutasse, Acting Chief, Spectrum Enforcement
Division, FCC Enforcement Bureau, and Jay R. Shedd, Chief Executive
Officer, DOCOMO Pacific, Inc. (Feb. 9, 2012) (on file in EB-10-SE-109).
^ 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. SS 1.1501-1.1530.
Federal Communications Commission DA 13-425
2
Federal Communications Commission DA 13-425