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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)
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File No.: See Appendix
NAL/Acct. No.: See Appendix
FRN: See Appendix
ORDER
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.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
APPENDIX
NOTICES OF APPARENT LIABILITY
Captioned Service Provider
File Number
NAL Account Number and Date Issued
FRN
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.:
EB-11-SE-052)
201132100036
Sept. 28, 2011
0001714146
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.:
EB-11-SE-053)
201232100001
Oct. 28, 2011
0019600535
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.:
EB-11-SE-057)
201232100002
Oct. 28, 2011
002535532
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)
201232100008
Dec. 23, 2011
0017950569
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.:
EB-11-SE-059)
201232100009
Dec. 23, 2011
0005665310
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.:
EB-11-SE-050)
201232100012
Dec. 23, 2011
0019107051
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.:
EB-11-SE-047)
201232100013
Dec. 29, 2011
0009631136
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.:
EB-11-SE-056)
201232100015
Dec. 29, 2011
0009806019
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
EB-SED-13-00008843
(formerly File No.:
EB-11-SE-058)
201232100016
Dec. 28, 2011
0014802284
Carl Koehn Jr.
Chief Executive Officer
Maximum Communications Cellular, LLC
3717 23[rd] Street South
Suite 201
St. Cloud, MN 56301
EB-SED-13-00011331
(formerly File No.:
EB-11-SE-055)
201232100018
Dec. 28, 2011
0019130319