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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Certain Notices of Apparent Liability for

Forfeiture Issued for Violations of

47 C.F.R. ยง 20.19(c) - (d)








File No.: See Appendix

NAL/Acct. No.: See Appendix

FRN: See Appendix


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

By the Chief, Enforcement Bureau:

We find that no forfeiture penalty should be imposed on the ten wireless service providers identified in the Appendix of this Order (collectively, the Wireless Providers) 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. In 2011, the Enforcement Bureau (Bureau) issued Notices of Apparent Liability for Forfeiture (NALs) to the Wireless Providers proposing penalties for their apparent failure to offer to consumers the requisite number of hearing aid-compatible digital wireless handset models during the 2010 reporting period. The findings of apparent violation were based on the hearing aid compatibility status reports that the Wireless Providers filed with the Commission in January 2011. In each of the NALs, the Bureau provided the Wireless Provider an opportunity to show, in writing, why either no forfeiture or a lower forfeiture should be imposed for the apparent violations. Each Wireless Provider filed a response to the respective NAL and averred that its documentation demonstrates that it complied with the hearing aid-compatible handset deployment requirements in 2010. The Wireless Providers' responses are each supported with a declaration made under penalty of perjury or other appropriate verification.

Based on our review of the record, including the Wireless Providers' responses to the NALs, we find that the Wireless Providers apparently each complied with the hearing aid-compatible handset deployment requirements during the 2010 reporting period. Thus, we find that no forfeiture penalty should be imposed against the Wireless Providers for violation of Section 20.19(c) - (d) 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 the entities identified in the Appendix of this Order WILL NOT BE IMPOSED.

* 4. 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 Wireless Providers identified in the Appendix to this Order and to each Wireless Provider's representative of record.


Travis LeBlanc


Enforcement Bureau



Captioned Service Provider

File Number

NAL Account Number and Date Issued


Toney Turnley

Chief Executive Officer

Kaplan Telephone Company, Inc. dba

Pace Communications

118 North Irving Avenue

P.O. Box 369

Kaplan, LA 70548

Kenneth C. Johnson, Esq.

Bennet & Bennet PLLC

6124 MacArthur Boulevard

Bethesda, MD 20816

EB-SED-13-00009442 (formerly File No.:



Sept. 28, 2011


Robert Martin

Chief Executive Officer

Limitless Mobile LLC (formerly known as

Keystone Wireless, LLC dba

Immix Wireless)

27599 Riverview Center Blvd.

Suite 201

Bonita Springs, FL 34134

Michael Bennet, Esq.

Bennet & Bennet, PLLC

6124 MacArthur Boulevard

Bethesda, MD 20816

EB-SED-13-00009574 (formerly File No.:



Oct. 28, 2011


James Simon

Chief Executive Officer

Missouri RSA 5 Partnership dba

Chariton Valley Wireless Services

P.O. Box 67

Macon, Missouri 63552

Gregory W. Whiteaker, Esq.

Donald L. Herman, Jr., Esq.

Herman & Whiteaker LLC

1875 I Street, N.W.

5[th] Floor

Washington, DC 20006

EB-SED-13-00008832 (formerly File No.:



Oct. 28, 2011


Joel Leonard

Chief Executive Officer

Affordable Phone Services, Inc.

4352 SE 95[th] Street

Ocala, FL 34480

John J. Heitmann, Esq.

Joshua T. Guyan, Esq.

Kelley Drye & Warren LLP

3050 K Street, N.W., Suite 400

Washington, DC 20007

EB-SED-13-00009177 (formerly File No.: EB-11-SE-044)


Dec. 23, 2011


Darrell Seaba

Chief Executive Officer

North Central Wireless LC dba

i wireless

536 N. Main Street

P.O. Box 67

Goldfield, IA 50542

Stephen E. Coran, Esq.

Lerman Senter PLLC

2000 K Street, N.W., Suite 600

Washington, DC 20006

EB-SED-13-00008847 (formerly File No.:



Dec. 23, 2011


Richard Stupansky Jr.

Chief Executive Officer

iSmart Mobile, LLC dba

Big Sky Mobile

23500 Mercantile Road

Suite B

Beachwood, OH 44122

Thomas F. Bardo, Esq.

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W.

Suite 900

Washington, DC 20036

EB-SED-13-00009484 (formerly File No.:



Dec. 23, 2011


Centennial Communications Corporation, wholly-owned subsidiary of AT&T, Inc.

Robert Vitanza

General Attorney

AT&T Services, Inc.

208 S. Akard Street, Rm. 3110

Dallas, TX 75202

EB-SED-13-00009492 (formerly File No.:



Dec. 29, 2011


Marshall Aronow

Chief Executive Officer

Metropolitan Telecommunications

Holding Company dba MetTel

55 Water Street, 32nd Floor

New York, NY 10041

Linda G. McReynolds, Esq.

Marashlian & Donahue, LLC

1420 Springhill Road, Suite 401

McLean, VA 22102

EB-SED-13-00009472 (formerly File No.:



Dec. 29, 2011


Steven Tourje

Chief Executive Officer

NEP Cellcorp, Inc.

720 Main Street

P.O. Box D

Forest City, PA 18421

Kenneth C. Johnson, Esq.

Bennet & Bennet PLLC

6124 MacArthur Boulevard

Bethesda, MD 20816


(formerly File No.:



Dec. 28, 2011


Carl Koehn Jr.

Chief Executive Officer

Maximum Communications Cellular, LLC

3717 23[rd] Street South

Suite 201

St. Cloud, MN 56301


(formerly File No.:



Dec. 28, 2011