Federal Communications Commission DA 08-1186
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Choice Wireless, LC
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File No. EB-07-SE-273
Acct. No. 200832100048
FRN No. 0004250056
ORDER
Adopted:    June 2, 2008 Released:    June 10, 2008
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and Choice Wireless, LC (“Choice”).  The Consent Decree terminates an 
investigation by the Bureau against Choice for possible violation of section 20.19(d)(2) of the 
Commission’s Rules (“Rules”) 1 regarding the inductive coupling hearing aid compatibility requirements.
2. The Bureau and Choice have negotiated the terms of the Consent Decree that resolve this 
matter.  A copy of the Consent Decree is attached hereto and incorporated 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 which terminates 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 Choice 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 section 4(i) of the Communications Act 
of 1934, as amended,2 and sections 0.111 and 0.311 of the Commission’s Rules,3 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 Sylvia Lesse, Esq., Counsel for 
  
1 47 C.F.R. § 20.19(d)(2).
2 47 U.S.C. § 154(i).
3 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 08-1186
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Choice Wireless, LC, Communications Advisory Counsel, LLC, 2154 Wisconsin Avenue, N.W., 
Washington, D.C. 20007. 
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission DA 08-1186
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Choice Wireless, LC
)
)
)
)
)
File No. EB-07-SE-273
Acct. No. 200832100048
FRN No. 0004250056
CONSENT DECREE
The Enforcement Bureau (“Bureau”) and Choice Wireless, LC (“Choice”), by their authorized 
representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau’s 
investigation into whether Choice violated section 20.19(d)(2) of the Commission’s Rules (“Rules”)1
regarding the inductive coupling hearing-aid compatibility requirements.
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. § 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) “Choice Wireless, LC” or “Choice” means Choice Wireless, LC and its 
predecessors-in-interest and successors-in-interest.
(e) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(f) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(g) “Investigation” means the investigation commenced by the Bureau’s August 13, 
2007 Letter of Inquiry (“LOI”)2 regarding whether Choice violated the inductive 
coupling hearing aid requirements of section 20.19(d)(2) of the Rules.3  
(h) “Parties” means Choice and the Bureau.
  
1 47 C.F.R. § 20.19(d)(2).
2See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission to Tim Humpert, President, Choice Wireless, LC, (August 13, 2007) (“August 13, 
2007 LOI”).
3 47 C.F.R. § 20.19(d)(2).
Federal Communications Commission DA 08-1186
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(i) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
2. Pursuant to section 20.19(d)(2) of the Rules,4 carriers were required to offer, by 
September 18, 2006, at least two handset models for each air interface that meet the inductive coupling 
standards for hearing aid compatibility.  
3. On November 17, 2006, Choice submitted a report to the Wireless Telecommunications 
Bureau (“WTB”) that suggested that Choice was not in compliance with section 20.19(d)(2).  After 
referral by the WTB, the Bureau issued an LOI to Choice on August 13, 2007.5 The LOI directed Choice 
to submit a sworn written response to a series of questions regarding its compliance with the inductive 
coupling hearing aid compatibility requirements.  Choice first responded to the LOI on August 28, 2007 
and supplemented its response on November 19 and 30, 2007.6
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 without change, addition, modification, or deletion.
5. Jurisdiction. Choice agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and 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 date on which the Bureau releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau 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 its investigation.  In consideration for the termination of said investigation, Choice 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 this investigation through the Effective 
Date of the Consent Decree, 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 Choice concerning the 
  
4 47 C.F.R. § 20.19(d)(2).
5 See August 13, 2007 LOI.  
6 See Letter from Sylvia Lesse, Esq., Counsel for Choice Wireless, LC, to Marlene H. Dortch, Secretary, Federal 
Communications Commission (August 28, 2007); Letter from Sylvia Lesse, Esq., Counsel for Choice Wireless, LC, 
to Marlene H. Dortch, Secretary, Federal Communications Commission (November 19, 2007); Letter from Sylvia 
Lesse, Esq., Counsel for Choice Wireless, LC, to Marlene H. Dortch, Secretary, Federal Communications 
Commission (November 30, 2007).
Federal Communications Commission DA 08-1186
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matters that were the subject of the investigation.  The Bureau also agrees that it will not use the facts 
developed in this investigation through the Effective Date of this Consent Decree, 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 Choice with respect to Choice’s basic qualifications, including its character 
qualifications, to be a Commission licensee or authorized common carrier.  
8. Compliance Plan. For purposes of settling the matters set forth herein, Choice agrees to 
maintain a Compliance Plan related to future compliance with the Act, the Commission’s Rules, and the 
Commission’s Orders.  The Plan will include, at a minimum, the following components: 
(a) Compliance Officer.  The duties of Choice’s Sales and Marketing Director (“Director”) will 
be expanded to include responsibility to ensure that all retail sales items meet the 
requirements of the Act, the Rules, and the Commission’s Orders.  The Director shall, at a 
minimum:
i) Regularly review available resources to ascertain regulatory requirements;
ii) Provide recommendations to senior management regarding methods of achieving 
compliance;
iii) Establish and maintain vendor communications to ensure that Choice’s requirements are 
understood and honored; and
iv) Establish, implement, and maintain procedures for ensuring that vendor deliveries 
comply with Commission requirements.
(b) Training.  The Director will be responsible for ensuring that all Choice retail staff receives 
training regarding the hearing aid compatibility capabilities of the handsets Choice offers for 
sale.  Such training will be completed within ninety (90) days of the Effective Date, and any 
new employees will receive training within sixty (60) days of their employment.
(c) Consumer Outreach.  Under the supervision of the Director, Choice’s hearing aid 
compatibility outreach efforts will be expanded to include the preparation, and revision as 
necessary, of a brochure that will be distributed in all Choice retail outlets.  The brochure will 
explain hearing-aid compatibility standards for mobile phones; describe issues that can arise 
from the use of hearing aids with mobile phones; and list compliant models of hearing-aid 
compatible mobile phones.
(d) Compliance Reports.  Choice will file compliance reports with the Commission ninety (90) 
days after the Effective Date, twelve (12) months after the Effective Date, and twenty-four 
(24) months after the Effective Date.  Each report shall include a compliance certificate from 
an officer, as an agent of Choice, stating that the officer has personal knowledge that Choice 
has established operating procedures intended to ensure compliance with this Consent 
Decree, together with an accompanying statement explaining the basis for the officer’s 
compliance certification.  All reports shall be submitted to Chief, Spectrum Enforcement 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554.  All reports shall also be submitted electronically to Kevin Pittman 
at Kevin.Pittman@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
(e) Termination Date.  Unless stated otherwise, the requirements of this Consent Decree will 
expire twenty-four (24) months from the Effective Date.
9. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree 
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to 
Federal Communications Commission DA 08-1186
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section 208 of the Act against Choice 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 complaint 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 Choice of the Act, the rules, or the 
Order.
10. Voluntary Contribution. Choice agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of twenty-four thousand dollars ($24,000). The payment will be 
made within thirty (30) days after the Effective Date of the Adopting Order.  The payment must be made 
by check or similar instrument, payable to the order of the Federal Communications Commission.  The 
payment must include the Account Number and FRN Number referenced in the caption to the Adopting 
Order.  Payment by check or money order may be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.  Payment 
by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account 
number 27000001.  For payment by credit card, an 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).  Choice shall also 
send electronic notification on the date said payment is made to Kevin Pittman at Kevin.Pittman@fcc.gov 
and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
11. Waivers. Choice 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 Adopting Order adopts the Consent Decree without 
change, addition, modification, or deletion.  Choice 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 
Choice nor the Commission shall contest the validity of the Consent Decree or the Adopting Order, and 
Choice shall waive any statutory right to a trial de novo.  Choice hereby agrees to waive any claims it may 
otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., 
relating to the matters addressed in this Consent Decree.
12. Severability. The Parties agree that if any of the provisions of the Adopting Order or the 
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate 
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting 
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable 
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced 
accordingly.  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.
13. 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 Choice does not expressly 
consent) that provision will be superseded by such Commission rule or Order.
14. Successors and Assigns. Choice agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.  
Federal Communications Commission DA 08-1186
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15. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  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 requirements of the Act or the Commission’s Rules and 
Orders.
16. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
17. 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.
18. Authorized Representative. Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
19. 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.
_______________________________
Kris Anne Monteith
Chief
Enforcement Bureau 
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Date
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Alan Rohmer
President
Choice Wireless, LC  
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Date