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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

OK-5 Licensee Co., LLC

Oklahoma Independent RSA 5 Partnership

TX-10 Licensee Co., LLC

dba Cellular One














File No.: EB-SED-13-00009169

NAL/Acct. No.: 201032100041

FRN: 0017697053

File No.: EB-SED-13-00009172

NAL/Acct. No.: 201032100039

FRN: 0010698959

File No.: EB-SED-13-00009174

NAL/Acct. No.: 201032100040

FRN: 0017697038


Adopted: October 27, 2014 Released: October 27, 2014

By the Chief, Enforcement Bureau:

We find that no forfeiture penalty should be imposed on OK-5 Licensee Co., LLC; on Oklahoma Independent RSA 5 Partnership; or on TX-10 Licensee Co., LLC dba Cellular One (collectively, the OK-TX Carriers) for previously identified apparent noncompliance with the Commission's hearing aid-compatible handset deployment rules. The Commission adopted the hearing aid compatibility rules to enhance the ability of consumers with hearing loss to access digital wireless telecommunications. On August 30, 2010, the Enforcement Bureau (Bureau) issued Notices of Apparent Liability for Forfeiture (NALs) to the OK-TX Carriers proposing a $15,000 penalty against each entity for apparently failing to offer to consumers the requisite number of hearing aid-compatible handsets during the 2009 reporting period. The findings of apparent violation were based on the hearing aid compatibility status reports filed by the OK-TX Carriers on January 14, 2010. In each of the NALs, the Bureau provided the OK-TX Carriers an opportunity to show, in writing, why either no forfeiture or a lower forfeiture should be imposed for the apparent violations. On September 29, 2010, the OK-TX Carriers collectively filed a single response to the NALs, explaining that they are affiliated companies under common ownership, management, and control, and that they are operated as a single unit. As such, and for administrative efficiency, we are consolidating our resolution of these cases into a single proceeding. The OK-TX Carriers assert, under penalty of perjury, that each carrier was in compliance with the Commission's handset deployment requirements throughout the 2009 reporting period because three Motorola handset models that each offered from April 2009 until the end of that year were incorrectly reported as a single handset model on each entity's 2009 hearing aid compatibility status report.

Based on our review of the record, including the OK-TX Carriers' NAL Response, we find that the OK-TX Carriers apparently each complied with the hearing aid-compatible handset deployment requirements during the 2009 reporting period. Thus, we find that no forfeiture penalty should be imposed against the OK-TX Carriers for violation of Section 20.19(c)(3)(ii) of the Commission's rules.

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, the proposed forfeitures in the NALs issued to OK-5 Licensee Co., LLC; Oklahoma Independent RSA 5 Partnership; and TX-10 Licensee, LLC dba Cellular One on August 30, 2010, WILL NOT BE IMPOSED.

IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to each of the captioned entities and their respective counsel of record.


Travis LeBlanc


Enforcement Bureau