Federal Communications Commission DA 08-537
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pine Telephone Company, Inc. d/b/a 
Pine Cellular Phones, Inc.
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File Nos. EB-07-SE-141 and 
EB-07-SE-277
NAL/Acct. No. 200732100033
FRN No. 0001699776
ORDER
Adopted: March 17, 2008 Released:  March 19, 2008
By the Chief, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc. 
(“Pine”).  The Consent Decree terminates an investigation by the Bureau against Pine for possible 
violations of section 20.19(d)(2) of the Commission’s Rules (“Rules”) regarding the inductive coupling 
hearing aid compatibility requirements and an investigation and Notice of Apparent Liability for 
Forfeiture against Pine for possible violations of section 20.19(f) of the Rules regarding the hearing aid 
compatibility labeling requirements.1
2. The Bureau and Pine 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 Pine 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,2 and sections 0.111 and 0.311 of the Rules,3 the Consent 
Decree attached to this Order IS ADOPTED.
  
1 47 C.F.R. § 20.19(d)(2) and (f).  See Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc., Notice of 
Apparent Liability for Forfeiture, 22 FCC Rcd 9205 (Enf. Bur., Spectrum Enf. Div. 2007).
2 47 U.S.C. § 154(i), 503(b).
3 47 C.F.R. §§ 0.111, 0.311.
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6. IT IS FURTHER ORDERED that the above-captioned investigations ARE 
TERMINATED and the Notice of Apparent Liability for Forfeiture in File No. EB-07-SE-141 IS 
CANCELLED.
7. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution to the 
United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument 
payable to the order of the Federal Communications Commission, 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 NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
(payment type code).  
8. IT IS FURTHER ORDERED that Pine will file reports with the Commission ninety 
days after the Effective Date, twelve months after the Effective Date, and 24 months after the Effective 
Date.  Each report shall include a compliance certificate from an officer, as an agent of Pine, stating that 
the officer has personal knowledge that Pine 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 Kathryn S. Berthot, Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554.
9. 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 Michael Bennet, Esq. and Kenneth 
Johnson, Esq., Bennet & Bennet, PLLC, 4350 East West Highway, Suite 201, Bethesda, MD 20814 and 
Jerry Whisenhunt, Pine Telephone Company, Inc. 210 N. Park, P.O. Box 548, Broken Now, OK 74728.   
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission DA 08-537
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pine Telephone Company, Inc. d/b/a
Pine Cellular Phones, Inc.
)
)
)
)
)
File Nos. EB-07-SE-141 and EB-07-SE-277
NAL/Acct. No. 200732100033
FRN No. 0001699776
CONSENT DECREE
The Enforcement Bureau (“Bureau”) and Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc. 
(“Pine”), by their authorized representatives, hereby enter into this Consent Decree for the purpose of 
terminating the Bureau’s investigations into whether Pine violated section 20.19(d)(2) of the 
Commission’s Rules1 regarding inductive coupling hearing aid compatibility requirements and section 
20.19(f) of the Commission’s Rules2 regarding the hearing aid compatibility labeling 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) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(c) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(d) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(e) “Investigations” mean the investigation initiated by the Bureau regarding whether 
Pine 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 commenced by the Bureau’s August13, 2007 Letter of Inquiry3
regarding whether Pine violated the inductive coupling hearing aid compatibility 
requirements of section 20.19(d)(2) of the Rules.
(f) “Pine” means Pine Telephone Company, Inc. d/b/a/ Pine Cellular Phones, Inc. and 
its predecessors-in-interest and successors-in-interest.
(g) “NAL” means Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc., 
Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 9205 (Enf. Bur., Spectrum 
Enf. Div. 2007).   
  
1 47 C.F.R. § 20.19(d)(2).  
2 47 C.F.R. § 20.19(f).
3 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division Enforcement Bureau to Jerry Whisenhunt, 
Pine Telephone Company (August 13, 2007).  
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(h) “Order” or “Adopting Order” means an Order of the Bureau adopting the terms of 
this Consent Decree without change, addition, deletion, or modification.
(i) “Parties” means Pine 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, wireless digital handsets that are hearing aid 
compatible 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, carriers are required to offer at least two handset models for each air interface that meet the 
inductive coupling standards for hearing aid compatibility.
3. On May 22, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture 
(“NAL”)4 proposing that Pine be held liable for a forfeiture of $16,000 under section 503(b)(1)(B) of the 
Act, 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.   
4. On August 13, 2007, the Bureau issued a letter of inquiry (LOI) to Pine.5 The August 13, 
2007 LOI directed Pine, among other things, to submit a sworn written response to a series of questions 
relating to  its compliance with the inductive coupling hearing aid compatibility requirements.  Pine 
responded to the August 13, 2007 LOI on August 24, 2007.6  
III. TERMS OF AGREEMENT
5. 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.
6. Jurisdiction. Pine 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.
7. 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.
  
4 See Pine Telephone Company, Inc. d/b/a Pine Cellular Phones, Inc., Notice of Apparent Liability for Forfeiture, 
22 FCC Rcd 9205 (Enf. Bur., Spectrum Enf. Div. 2007).  
5 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division Enforcement Bureau to Jerry 
Whisenhunt, Pine Telephone Company (August 13, 2007).  
6 See Letter from Michael Bennet, Esq. and Kenneth Johnson, Esq., Bennet & Bennet, PLLC to Kathryn S. Berthot, 
Chief, Spectrum Enforcement Division Enforcement Bureau (August 24, 2007).  
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8. 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 its NAL.  In consideration for the termination of said investigations and 
cancellation of the NAL, Pine 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 Pine concerning the 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 Pine with respect to Pine’s 
basic qualifications, including its character qualifications, to be a Commission licensee or authorized 
common carrier.  
9. Compliance Plan.  For purposes of settling the matters set forth herein, Pine 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. Pine has designated its Cellular Manager as its hearing aid 
compatibility compliance officer.  The designated hearing aid compatibility compliance 
officer will be familiar with the FCC’s hearing aid compatibility regulations and associated 
selling and labeling benchmarks.  The designated hearing aid compatibility compliance 
officer will also review the FCC’s hearing aid compatibility regulations on a monthly basis in 
order to stay abreast of pending benchmarks and any new hearing aid compatibility 
requirements.  
b Training. The designated hearing aid compatibility compliance officer will be responsible 
for ensuring that all Pine retail staff receives training regarding the hearing aid compatibility 
capabilities of the handsets Pine offers for sale.  Such training will be completed within 
ninety days of the Effective Date and any new employees will receive training within sixty 
days of their employment.
c Consumer Outreach. Pine will advertise the availability of hearing aid-compatible handsets 
to ensure that all of its retail customers are aware that hearing aid-compatible handsets are 
available.  
d Compliance Reports. Pine 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 Pine, stating that the officer has personal knowledge that Pine 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 Kathryn S. Berthot, Chief, Spectrum 
Enforcement Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554.
e Termination Date. Unless stated otherwise, the requirements of this Consent Decree will 
expire twenty-four (24) months from the Effective Date.
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 Pine 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 
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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 Pine with the Act, the Rules, or the Order.  
11. Voluntary Contribution.  Pine agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of $33,000.  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 NAL/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 NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).    
12. Waivers.  Pine 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 Order adopting this Consent Decree, provided the Bureau issues an Order adopting the 
Consent Decree without change, addition, modification, or deletion.  Pine 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 Pine nor the Commission shall contest the validity of the Consent Decree or the Adopting 
Order, and Pine shall waive any statutory right to a trial de novo.  Pine 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. 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.
14. 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 Pine does not expressly consent) 
that provision will be superseded by such Commission rule or Order.
15. Successors and Assigns. Pine agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.  
16. 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.  
17. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
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18. 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.
19. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
20. 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 
________________________________
Date
________________________________
Roy Shiro
Cellular Manager 
Pine Telephone Company, Inc. d/b/a
Pine Cellular Phones, Inc.  
________________________________
Date