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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of General Communication, Inc., d/b/a Alaska DigiTel LLC and
Alaska Wireless Communications, LLC ) ) ) ) ) ) ) ) File Nos.:
EB-SED-13-00009563 EB-SED-12-00003545 NAL/Acct. No.: 201232100014 FRN:
0001570951
Order
Adopted: April 9, 2014 Released: April 9, 2014
By the Acting Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) has entered into a Consent Decree to conclude
its investigation into whether General Communication, Inc., d/b/a
Alaska DigiTel LLC and Alaska Wireless Communications, LLC (GCI),
offered to consumers the required number of hearing aid-compatible
digital wireless handset models during the 2010 and 2011 reporting
periods. GCI has acknowledged that it erroneously relied on handset
model ratings provided by its handset distributors. The Commission's
hearing aid compatibility rules serve to ensure that consumers with
hearing loss have access to advanced telecommunications services. In
the attached Consent Decree, GCI will implement a three-year plan to
ensure future compliance with these important requirements.
2. The Bureau and GCI 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 into
GCI's compliance with Section 20.19(d)(3) of the Commission's rules
(Rules).^ ^
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 GCI 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 Chris Nierman, Director, Federal Regulatory Affairs,
General Communication, Inc., 1350 I Street, N.W., Suite 1260,
Washington D.C. 20005, and to counsel for General Communication, Inc.,
Andrew Morentz, Esq., Telecommunications Law Professionals PLLC, 875
15th St., N.W., Suite 750, Washington D.C. 20005.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of General Communication, Inc., d/b/a Alaska DigiTel LLC and
Alaska Wireless Communications, LLC ) ) ) ) ) ) ) ) File Nos.:
EB-SED-13-00009563 EB-SED-12-00003545 NAL/Acct. No.: 201232100014 FRN:
0001570951
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
General Communication, Inc., d/b/a Alaska DigiTel LLC and Alaska Wireless
Communications, LLC, by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Enforcement
Bureau's investigations into possible violations of Section 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 GCI 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 10.
g. "Covered Employees" means all employees and agents of GCI who perform,
or supervise, oversee, or manage the performance of, duties that
relate to GCI's responsibilities under the Hearing Aid Compatibility
Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "GCI" means General Communication, Inc., d/b/a Alaska DigiTel LLC and
Alaska Wireless Communications, LLC, and its predecessors-in-interest
and successors-in-interest.
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 digital wireless handsets and the marketing or
distribution of such handsets to consumers in the United States.
k. "Investigations" means, collectively, the Bureau's investigation into
GCI's compliance with the Hearing Aid Compatibility Rules during the
2010 reporting period, which culminated in the issuance of the Notice
of Apparent Liability for Forfeiture, and the Bureau's subsequent
investigation into GCI's compliance with the Hearing Aid Compatibility
Rules during the 2011 reporting period.
l. "Notice of Apparent Liability for Forfeiture" or "NAL" means General
Communication, Inc., Notice of Apparent Liability for Forfeiture, 26
FCC Rcd 17042 (Enf. Bur. 2011).
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by GCI to implement the
Compliance Plan.
n. "Parties" means GCI 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
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 released an order that, among other
things, adopted new hearing aid-compatible handset deployment benchmarks
that became effective beginning in 2008.^
1. On January 18, 2011, GCI submitted its hearing aid compatibility
status report for the January 1, 2010, to December 31, 2010, reporting
period.^ Based on its review of that report, the Wireless
Telecommunications Bureau (Wireless Bureau) subsequently referred this
matter to the Bureau for investigation and possible enforcement
action. On December 28, 2011, the Bureau issued the NAL to GCI,
finding that GCI apparently willfully and repeatedly violated Section
20.19(d)(3)(ii) of the Rules^ by failing to offer to consumers the
requisite number of handset models rated T3 or higher.^ In lieu of
filing a response to the NAL, GCI expressed an interest in settlement.
2. On January 17, 2012, GCI submitted its hearing aid compatibility
status report for the January 1, 2011, to December 31, 2011 reporting
period.^ On July 13, 2012, the Wireless Bureau referred this matter to
the Bureau for investigation and possible enforcement action. On
August 16, 2012, the Bureau's Spectrum Enforcement Division issued a
Letter of Inquiry (LOI) to GCI,^ directing GCI to submit a sworn
written response to a series of questions relating to GCI's compliance
with Sections 20.19(c)(3) and 20.19(d)(3) of the Rules.^ GCI responded
to the LOI on September 19, 2012.^ In its LOI Response, GCI stated
that it had difficulty ascertaining the hearing aid compatibility
rating of the handset models it offered, and that it obtained ratings
information from its handset distributors, the FCC Office of
Engineering and Technology (OET) Equipment Authorization Database, and
the handset manufacturer's website.^ In a supplement to its LOI
Response, GCI acknowledged that it erroneously relied on handset
ratings provided by its handset distributors.^ The Bureau and GCI
entered into Tolling Agreements to toll the statute of limitations.^
III. TERMS OF AGREEMENT
3. 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.
4. Jurisdiction. GCI 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.
5. 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.
6. Termination of Investigations. 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, GCI agrees to the terms, conditions, and procedures
contained herein. The Bureau further 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 new proceeding,
formal or informal, or take any action on its own motion against GCI
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 GCI with respect to GCI's basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
7. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, GCI 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 GCI 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.
8. Compliance Plan. For purposes of settling the matters set forth
herein, GCI 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, GCI shall implement the following
procedures:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, GCI shall establish Operating
Procedures that all Covered Employees must follow to help ensure
GCI's compliance with the Hearing Aid Compatibility Rules. GCI's
Operating Procedures shall include internal procedures and policies
specifically designed to ensure that GCI offers to consumers the
requisite number or percentage of digital wireless hearing
aid-compatible handset models, as required by the Hearing Aid
Compatibility Rules, and accurately reports its handset offerings in
its annual hearing aid compatibility status reports. GCI 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(s) of each existing and
proposed handset model offering using the OET 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 GCI's compliance with the Hearing Aid Compatibility Rules. GCI
shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains
current and complete. GCI shall distribute any revisions to the
Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. GCI 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
GCI's obligation to report any noncompliance with the Hearing Aid
Compatibility Rules under paragraph 11 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. GCI 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.
d. Quarterly Compliance Audits. The Compliance Officer shall conduct
audits of GCI's compliance with the hearing aid-compatible handset
deployment requirements on a quarterly basis. As part of each
Compliance Audit, the Compliance Officer shall ascertain the hearing
aid compatibility rating of each handset model offered by GCI using
the OET Equipment Authorization Database. If at any time GCI
determines that its handset model offerings do not comply with the
deployment benchmarks set forth in the Hearing Aid Compatibility
Rules, GCI shall promptly adjust its handset model offerings so as to
come into compliance with the deployment benchmarks, and shall report
such noncompliance in accordance with the requirements of paragraph
11 of this Consent Decree.
9. Reporting Noncompliance. GCI 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
GCI 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 GCI 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 Nissa
Laughner at Nissa.Laughner@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
10. Compliance Reports. GCI 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 GCI'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 GCI, stating that the Compliance Officer has personal knowledge
that GCI (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 11 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 GCI, 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 GCI 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 GCI 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 Nissa Laughner at Nissa.Laughner@fcc.gov
and to Pamera Hairston at Pamera.Hairston@fcc.gov.
11. Termination Date. Unless stated otherwise, the requirements of
paragraphs 9 through 12 of this Consent Decree shall expire thirty-six
(36) months after the Effective Date.
12. 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 GCI 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 GCI with the Communications Laws.
13. Voluntary Contribution. GCI agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one
hundred twenty-five thousand dollars ($125,000) within thirty (30)
calendar days after the Effective Date. GCI shall also send electronic
notification of payment to Nissa Laughner at Nissa.Laughner@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 GCI should follow based on the form
of payment it selects:
* 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 GCI has questions regarding payment procedures, it should contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
14. Waivers. GCI 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. GCI 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 GCI nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and GCI shall
waive any statutory right to a trial de novo. GCI 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.
15. 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.
16. 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 GCI does not expressly consent)
that provision will be superseded by such Rule or Commission order.
17. Successors and Assigns. GCI agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
18. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the 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.
19. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
20. 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.
21. Authorized Representative. The individual signing this Consent Decree
on behalf of GCI represents and warrants that he is authorized by GCI
to execute this Consent Decree and to bind GCI 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.
22. 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.
________________________________
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
_______________________________
Chris Nierman
Director, Federal Regulatory Affairs
General Communication, Inc.
___________________________
Date
^ The investigations initiated under File Nos. EB-10-SE-117 and
EB-11-SE-049 were subsequently assigned File Nos. EB-SED-13-00009563 and
EB-SED-12-00003545, respectively. Any future correspondence with the FCC
concerning these matters should reflect the new case numbers.
^ The hearing aid compatibility status report that General Communication,
Inc. (FRN 0001570951) filed on January 18, 2011, for the January 1, 2010,
to December 31, 2010, reporting period (see General Communication, Inc.,
Hearing Aid Compatibility Status Report (filed Jan. 18, 2011), available
at http://wireless.fcc.gov/hac_documents/ 110210/5951300_315.PDF), which
formed the basis for the Notice of Apparent Liability for Forfeiture
issued to the company on December 28, 2011 (see General Communication,
Inc., Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 17042 (Enf.
Bur. 2011)), incorrectly referenced the FRN for General Communication
Corporation (000156880), a subsidiary of General Communication, Inc. An
Erratum to this Notice of Apparent Liability for Forfeiture corrects the
FRN for General Communication, Inc. to "0001570951." See General
Communication, Inc., Erratum, DA 14-406 (Enf. Bur. April 8, 2014).
^ 47 C.F.R. S 20.19(d)(3).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ The investigations initiated under File Nos. EB-10-SE-117 and
EB-11-SE-049 were subsequently assigned File Nos. EB-SED-13-00009563 and
EB-SED-12-00003545, respectively. Any future correspondence with the FCC
concerning these matters should reflect the new case numbers.
^ The hearing aid compatibility status report that General Communication,
Inc. (FRN 0001570951) filed on January 18, 2011, for the January 1, 2010,
to December 31, 2010, reporting period (see infra note 9), which formed
the basis for the Notice of Apparent Liability for Forfeiture issued to
the company on December 28, 2011 (see infra note 11), incorrectly
referenced the FRN for General Communication Corporation (000156880), a
subsidiary of General Communication Inc. An Erratum to this Notice of
Apparent Liability for Forfeiture corrects the FRN for General
Communication, Inc. to "0001570951." See General Communication, Inc.,
Erratum, DA 14-406 (Enf. Bur. April 8, 2014).
^ 47 C.F.R. S 20.19(d)(3).
^ The Commission adopted these requirements for digital wireless
telephones under the authority of the Hearing Aid Compatibility Act of
1988, Pub. L. No. 100-394, 102 Stat. 976 (codified at 47 U.S.C. S S 609
note, 610, 610 note). 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) of the Rules provided 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 had to 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) of the Rules provided that, for the period beginning
June 6, 2008, and ending December 31, 2009, a newly certified wireless
handset was deemed hearing aid-compatible for inductive coupling if, at
minimum, it met 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 was deemed hearing aid-compatible for inductive coupling if it
met 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 remained valid for hearing aid compatibility purposes. A
recently adopted further amendment to Section 20.19(b) of the Rules
permits 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).
^ See General Communication, Inc., Hearing Aid Compatibility Status Report
(filed Jan. 18, 2011), available at
http://wireless.fcc.gov/hac_documents/110210/5951300_315.PDF.
^ 47 C.F.R. S 20.19(d)(3)(ii).
^ See NAL, 26 FCC Rcd at 17045-46, para. 5.
^ See General Communication, Inc., Hearing Aid Compatibility Status Report
(filed Jan. 17, 2012), available at
http://wireless.fcc.gov/hac_documents/120307/6567330_284.PDF.
^ See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division,
FCC Enforcement Bureau, to Chris Nierman, Director, Federal Regulatory
Affairs, General Communication, Inc. (Aug. 16, 2012) (on file in
EB-SED-12-0003545).
^ See id. at 1; see also 47 C.F.R. S 20.19(c)(3) & (d)(3).
^ See Letter from Chris Nierman, Director, Federal Regulatory Affairs,
General Communication, Inc., to Nissa Laughner, Attorney Advisor, Spectrum
Enforcement Division, FCC Enforcement Bureau (Sept. 19, 2012) (LOI
Response) (on file in EB-SED-12-0003545).
^ See id. at 2-3.
^ See Letter from Chris Nierman, Director, Federal Regulatory Affairs,
General Communication, Inc., to Nissa Laughner, Attorney Advisor, Spectrum
Enforcement Division, FCC Enforcement Bureau at 2 (Jan. 11, 2013) (on file
in EB-SED-12-0003545).
^ See, e.g., Tolling Agreement Extension, entered into between John D.
Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau,
and Chris Nierman, Director, Federal Regulatory Affairs, General
Communication, Inc. (Sept. 11, 2013) (on file in EB-SED-12-00003545).
^ 47 C.F.R. S 1.16.
^ 47 U.S.C. S 208.
^ 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.
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