Federal Communications Commission DA 08-1719
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
IT&E Overseas, Inc. 
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File Nos. EB-07-SE-140 and 
EB-08-SE-121
Acct. Nos. 200732100028 and 
200832100060
FRN No. 0001523125
ORDER
Adopted: July 25, 2008 Released:  July 28, 2008
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and IT&E Overseas, Inc. (“IT&E”).  The Consent Decree terminates an 
investigation and a Notice of Apparent Liability for Forfeiture (“NAL”) by the Bureau against IT&E for 
possible violations of section 20.19(f) of the Commission’s Rules (“Rules”) regarding IT&E’s failure to 
comply with the labeling requirements for digital wireless hearing aid-compatible handsets, and an 
investigation by the Bureau against IT&E for possible violations of section 20.19(d)(2) of the Rules 
regarding IT&E’s failure to offer at least two digital wireless handset models meeting the Commission’s 
standards for inductive coupling by the compliance deadline.
2. The Bureau and IT&E have negotiated the terms of the Consent Decree that resolve these 
matters.  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 and terminating the
investigations and canceling the Notice of Apparent Liability for Forfeiture.  
4. In the absence of material new evidence relating to these matters, we conclude that our 
investigations raise no substantial or material questions of fact as to whether IT&E 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) and 503(b) of the 
Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission’s Rules,2
the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE 
TERMINATED and that the Notice of Apparent Liability for Forfeiture IS CANCELLED.
  
1 47 U.S.C. § 154(i), 503(b).
2 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 08-1719
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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 John A. Prendergast, Esq., Blooston, 
Mordkofsky, Dickens, Duffy & Prendergast, LLP, 2120 L Street, N.W., Suite 300, Washington, DC  
20037 and to John Borlas, IT&E Overseas, Inc., 1010 South Marine Drive, Tamuning, GU  96913.   
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission DA 08-1719
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
IT&E Overseas, Inc.
)
)
)
)
)
)
)
File Nos. EB-07-SE-140 and 
EB-08-SE-121
Acct. Nos. 200732100028 and
200832100060
FRN No. 0001523125
CONSENT DECREE
The Enforcement Bureau (“Bureau”) and IT&E Overseas, Inc. (“IT&E”), by their authorized 
representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau’s 
investigations into whether IT&E violated section 20.19(d)(2) of the Commission’s Rules (“Rules”)1
regarding the inductive coupling hearing aid compatibility handset requirements, and section 20.19(f) of 
the Rules2 regarding the labeling requirements for digital wireless hearing aid-compatible handsets. 
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) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(e) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(f) “Investigations” means the investigation initiated by the Bureau regarding whether 
IT&E violated the hearing aid compatibility labeling requirements in section 
20.19(f) of the Rules culminating in the Notice of Apparent Liability for Forfeiture, 
and the investigation by the Bureau regarding whether IT&E violated the inductive 
coupling hearing aid compatibility handset requirements of section 20.19(d)(2) of 
the Rules.
(g) “IT&E” means IT&E Overseas, Inc. and its corporate predecessors-in-interest and 
corporate successors-in-interest.
  
1 47 C.F.R. § 20.19(d)(2).  
2 47 C.F.R. § 20.19(f).
Federal Communications Commission DA 08-1719
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(h) “NAL” means IT&E Overseas, Inc., Notice of Apparent Liability for Forfeiture, 22 
FCC Rcd 7660 (Enf. Bur., Spectrum Enf. Div. 2007).
(i) “Parties” means IT&E and the Bureau.
(j) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
II. BACKGROUND
2. Pursuant to section 20.19(f) of the Rules, hearing aid-compatible digital wireless handsets 
must clearly display the technical rating on the packaging material of the handset and an explanation of the 
hearing aid compatibility technical rating system must be included in the owner’s manual or as an insert in 
the packaging material for the handset.  Pursuant to section 20.19(d)(2) of the Rules, wireless carriers were 
required to offer at least two handset models for each air interface that meet the inductive coupling 
standards for hearing aid compatibility by September 18, 2006.3
3. On September 16, 2005, IT&E filed a Petition for Temporary Waiver or Temporary Stay4
of the requirements contained in section 20.19(c)(2)(i) of the Rules that IT&E include in its handset 
offerings two handset models per air interface that meet the radio frequency interference standard for 
hearing aid compatibility.5 On April 11, 2007, the Commission granted IT&E’s September 16, 2005 
Petition for Temporary Waiver or Temporary Stay with respect to the requirements of section 
20.19(c)(2)(i),6 but concluded that IT&E had failed to demonstrate unusual or unique circumstances, or the 
existence of any other factor, warranting relief from the associated labeling requirements set forth in 
Section 20.19(f) of the Rules.7 The Commission referred IT&E’s apparent violation of section 20.19(f) of 
the Rules to the Bureau for investigation.  On April 25, 2007, the Bureau issued an NAL proposing that 
IT&E be held liable for a forfeiture of $16,000 under section 503(b)(1)(B) of the Act 8 for its apparent 
violation of section 20.19(f) of the Rules and ordered the Company either to pay the proposed forfeiture or 
file a written response within thirty (30) days of the NAL release date stating why the proposed forfeiture 
should be reduced or canceled.  On May 11, 2007, IT&E filed a Petition for Partial Reconsideration of the 
Commission’s denial of its September 16, 2005 Petition for Temporary Waiver or Temporary Stay with 
  
3 See Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Report and Order, 
18 FCC Rcd 16753, 16780 (2003); see also 47 C.F.R. § 20.19(d) (2006). In February 2008, the Commission 
amended section 20.19 of the Rules to, among other things, establish new benchmarks for offering inductive 
coupling-capable handsets going forward.  See Amendment of the Commission’s Rules Governing Hearing Aid-
Compatible Handsets, First Report and Order, 23 FCC Rcd 3406 (2008). 
4 Petition for Temporary Waiver or Temporary Stay, filed by IT&E Overseas, Inc., WT Docket No. 01-309, 
September 16, 2005 at 1.
5 Petition for Temporary Waiver or Temporary Stay, filed by IT&E Overseas, Inc., WT Docket No. 01-309, 
September 16, 2005 at 1.
6 Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Petitions for Waiver of 
Section 20.19 of the Commission's Rules, Memorandum Opinion and Order, 22 FCC Rcd 7171, 7193  ¶ 51 (2007).
7 Id.
8 47 U.S.C. § 503(b)(1)(B). 
Federal Communications Commission DA 08-1719
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respect to the requirements of section 20.19(f) of the Rules.9 On May 24, 2007, IT&E also filed a 
Response to Notice of Apparent Liability for Forfeiture10 with respect to the Bureau’s NAL.
4. On September 13, 2006, IT&E filed its Petition for Temporary Waiver or Temporary 
Stay, up to and including September 18, 2007, of the requirements contained in section 20.19(d)(2) of the 
Rules that IT&E include in its handset offerings at least two handset models per air interface that comply 
with the inductive coupling standard for hearing aid compatibility set forth in section 20.19(b)(2) of the 
Rules.11 On February 27, 2008, the Commission denied IT&E’s September 13, 2006 Petition for 
Temporary Waiver or Temporary Stay of the requirements of section 20.19(d)(2) of the Rules,12 and 
referred IT&E’s apparent violation to the Bureau for investigation.  On March 28, 2008, IT&E filed a 
Petition for Reconsideration of the Commission’s denial of its September 13, 2006 Petition for Temporary 
Waiver or Temporary Stay of the requirements of section 20.19(d)(2) of the Rules.13
5. On April 4, 2008, IT&E Overseas, Inc. and PTI Pacifica Inc. filed applications for the 
assignment from IT&E to PTI Pacifica of IT&E’s wireless licenses, including its broadband Personal 
Communications Service and Local Multipoint Distribution Service licenses in Guam and the 
Commonwealth of the Northern Mariana Islands, as well as private microwave licenses on Guam.14  
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction. IT&E 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.
8. 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.
9. 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 
its investigations and to cancel the NAL.  In consideration for the termination of said investigations and 
  
9 Petition for Partial Reconsideration, filed by IT&E Overseas, Inc., WT Docket No. 01-309, May 11, 2007.  
10 Response to Notice of Apparent Liability for Forfeiture, filed by IT&E Overseas, Inc., May 24, 2007.
11 Petition for Temporary Waiver or Temporary Stay, filed by IT&E Overseas, Inc., WT Docket No. 01-309. 
September 13, 2006 at 1.
12 See Section 68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible Telephones, Petitions for 
Waiver of Section 20.19 of the Commission’s Rules, Memorandum Opinion and Order, 23 FCC Rcd 3352, 3365-66 ¶ 
23-25 (2008).
13 Petition for Reconsideration, filed by IT&E Overseas, Inc., WT Docket No. 01-309, March 28, 2008.
14 See Application for Assignments of Authorization from IT&E Overseas, Inc. (assignor) to PTI Pacifica Inc. 
(assignee), File No. 000356838, April 4, 2008; Amendments to Application, FCC File No. 00356838, April 10, 
2008 and May 2, 2008.  
Federal Communications Commission DA 08-1719
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cancellation of the NAL, IT&E 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 the investigations 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 IT&E concerning the matters that were the subject of the investigations.  
The Bureau also agrees that it will not use the facts developed in the investigations 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 IT&E with respect to IT&E’s 
basic qualifications, including its character qualifications, to be a Commission licensee or authorized 
common carrier.  
10. 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 IT&E 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 IT&E with the Act, the Rules, or Commission Orders.  
11. Voluntary Contribution.  IT&E agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of $54,000. The payment will be made within 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 
Numbers 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 numbers in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  IT&E shall also send electronic notification on the date said
payment is made to Nissa Laughner at Nissa.Laughner@fcc.gov and to Ricardo M. Durham at 
Ricardo.Durham@fcc.gov.
12. Waivers.  IT&E 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 adopts the Consent Decree without change, addition, 
modification, or deletion.  IT&E 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 IT&E nor the 
Commission shall contest the validity of the Consent Decree or the Adopting Order, and IT&E shall waive 
any statutory right to a trial de novo.  IT&E 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.  
13. Withdrawal. IT&E agrees to request withdrawal of its pending May 11, 2007 Petition 
for Partial Reconsideration of the Commission’s denial of IT&E’s September 16, 2005 Petition for 
Temporary Waiver or Temporary Stay with respect to the waiver of the requirements of section 20.19(f) of 
the Rules, and its pending March 28, 2008 Petition for Reconsideration of the Commission’s denial of 
IT&E’s September 13, 2006 Petition for Temporary Waiver or Temporary Stay of the requirements of 
section 20.19(d)(2) of the Rules, within five (5) business days of the Effective Date.  In addition, IT&E 
agrees to request withdrawal of its May 24, 2007 Response to Notice of Apparent Liability for Forfeiture 
with respect to the Bureau’s NAL, within five (5) business days of the Effective Date.
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14. 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.
15. 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 IT&E does not expressly consent) 
that provision will be superseded by such Commission rule or Order.
16. Successors and Assigns. IT&E agrees that the provisions of this Consent Decree shall 
be binding on its corporate successors, assigns, and transferees.  
17. 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.  
18. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
19. 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.
20. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
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21. 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.
_______________________________
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau 
________________________________
Date
________________________________
John Borlas
President
IT&E Overseas, Inc.
________________________________
Date