Federal Communications Commission DA 08-610
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Iowa Wireless Services, LLC dba i wireless
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File No. EB-08-SE-111
NAL/Acct. No. 200832100024
FRN # 0002576874
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  March 21, 2008 Released:  March 21, 2008
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Iowa Wireless 
Services, LLC dba i wireless (“i wireless”), a Global System for Mobile Communications (“GSM”) 
carrier encompassing 37 associated Personal Communications Services (“PCS”) licensees providing 
service in Iowa and western Illinois, apparently willfully and repeatedly violated Section 20.19(d)(2)1 of 
the Commission’s Rules (“Rules”) by failing to include in its digital wireless handset offerings at least 
two models that meet the inductive coupling standards for hearing aid compatibility by September 18, 
2006.  For i wireless’s apparent violations, and for the reasons discussed below, we propose a forfeiture in 
the amount of twenty-two thousand five hundred dollars ($22,500).   
II. BACKGROUND
2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted several measures 
to enhance the ability of individuals with hearing disabilities to access digital wireless 
telecommunications.2 The Commission established technical standards that digital wireless handsets must 
meet to be considered compatible with hearing aids operating in acoustic coupling and inductive coupling 
(telecoil) modes.3 Specifically, the Commission adopted a standard for radio frequency interference (the 
  
1 47 C.F.R. § 20.19(d)(2).
2 Section 68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible Telephones, Report and Order, 18 
FCC Rcd 16753 (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) (“Hearing Aid 
Compatibility Reconsideration Order”).  The Commission adopted these requirements for digital wireless 
telephones under the authority of the Hearing Aid Compatibility Act of 1988, codified at Section 710(b)(2)(C) of the 
Communications Act of 1934, as amended, 47 U.S.C. § 610(b)(2)(C).
3 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16777; 47 C.F.R. § 20.19(b)(1), (2).  The Hearing Aid 
Compatibility Order described the acoustic coupling and the inductive (telecoil) coupling modes as follows: 
In acoustic coupling mode, the microphone picks up surrounding sounds, desired and undesired, 
and converts them into electrical signals.  The electrical signals are amplified as needed and then 
converted back into electrical signals.  In telecoil mode, with the microphone turned off, the 
telecoil picks up the audio signal-based magnetic field generated by the voice coil of a dynamic 
speaker in hearing aid-compatible telephones, audio loop systems, or powered neck loops.  The 
hearing aid converts the magnetic field into electrical signals, amplifies them as needed, and 
converts them back into sound via the speaker.  Using a telecoil avoids the feedback that often 
(continued …)
Federal Communications Commission DA 08-610
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“U3” or “M3” rating) to enable acoustic coupling between digital wireless phones and hearing aids 
operating in acoustic coupling mode, and a separate standard (the “U3T” or “T3” rating) to enable 
inductive coupling with hearing aids operating in telecoil mode.4 The Commission further established, 
for each standard, deadlines by which manufacturers and service providers were required to offer 
specified numbers or percentages of digital wireless handsets per air interface5 that are compliant with the 
relevant standard if they did not come under the de minimis exception.6  
3. The Commission required that manufacturers and service providers begin making 
commercially available at least two handset models per air interface that meet the U3 or M3 rating for 
radio frequency interference by September 16, 2005.7 The Commission also required that manufacturers 
and service providers make commercially available at least two handset models per air interface that meet 
the U3T or T3 rating for inductive coupling by September 18, 2006.8 In connection with the offer of 
(Continued from previous page ...)   
results from putting a hearing aid up against a telephone earpiece, can help prevent exposure to 
over amplification, and eliminates background noise, providing improved access to the telephone. 
Id. at 16763.  
4 Section 20.19(b)(1) provides that a wireless handset is deemed hearing aid-compatible for radio frequency 
interference if, at minimum, it receives a U3 rating as set forth in “American National Standard for Methods of 
Measurement of Compatibility between Wireless Communications Devices and Hearing Aids, ANSI C63.19-2001.”  
47 C.F.R. § 20.19(b)(1).  Section 20.19(b)(2) provides that a wireless handset is deemed hearing aid-compatible for 
inductive coupling if, at minimum, it receives a U3T rating as set forth in ANSI C63.19-2001.  47 C.F.R. § 
20.19(b)(2).  On April 25, 2005, the Commission’s Office of Engineering and Technology announced that it would 
also certify handsets as hearing aid-compatible based on the revised version of the standard, ANSI C63.19-2005.  
See OET Clarifies Use of Revised Wireless Phone Hearing Aid Compatibility Standard Measurement Procedures 
and Rating Nomenclature, Public Notice, 20 FCC Rcd 8188 (OET 2005).  On June 6, 2006, the Commission’s 
Wireless Telecommunications Bureau and Office of Engineering and Technology announced that the Commission 
would also certify handsets as hearing aid-compatible based on the revised version of the standard, ANSI C63.19-
2006.  Thus, applicants for certification may rely on either the 2001 version, the 2005 version, or the 2006 version of 
the ANSI C63.19 standard.  See Wireless Telecommunications Bureau and Office of Engineering and Technology 
Clarify Use of Revised Wireless Phone Hearing Aid Compatibility Standard, Public Notice, 21 FCC Rcd 6384 
(WTB/OET 2006).  In addition, since the 2005 version, the ANSI C63.19 technical standard has used an “M” 
nomenclature for the radio frequency interference rating rather than a “U,” and a “T” nomenclature for the handset’s 
inductive coupling rating, rather than a “UT.”  The Commission has approved the use of the “M” and “T” 
nomenclature and considers the M/T and U/UT nomenclatures as synonymous.  See Hearing Aid Compatibility 
Reconsideration Order, 20 FCC Rcd at 11238.
5 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 Dispatch 
Enhanced Network (iDEN), Time Division Multiple Access (TDMA) and Wideband Code Division Multiple Access 
(WCDMA) a/k/a Universal Mobile Telecommunications System (UMTS).
6 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; 47 C.F.R. §§ 20.19(c), (d).  The de minimis 
exception provides that manufacturers or mobile service providers that offer two or fewer digital wireless handset 
models per air interface are exempt from the hearing aid compatibility requirements and manufacturers or service 
providers that offer three digital wireless handset models per air interface must offer at least one compliant model.  
47 C.F.R. § 20.19(e).
7 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; see also 47 C.F.R. § 20.19(c).  
8 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780; see also 47 C.F.R. § 20.19(d).  In addition, on 
February 28, 2008, the Commission released an order that, among other things,: (a) modifies the requirement, 
presently stayed until April 18, 2008, that manufacturers and service providers ensure that 50 percent of their digital 
wireless handset models per air interface meet the U3/M3 (radio frequency) standard, (b) increases the obligation on 
manufacturers and service providers to offer handset models that meet the U3T/T3 (inductive coupling) standard, (c) 
allows service providers other than Tier I carriers an additional three months to meet the new handset deployment 
(continued …)
Federal Communications Commission DA 08-610
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hearing aid-compatible handset models, the Commission further required entities to label the handsets 
with the appropriate technical rating, and to explain the technical rating system in the owner’s manual or 
as part of the packaging material for the handset.9 In order to monitor the availability of these handsets, 
the Commission required manufacturers and digital wireless service providers to report every six months 
on efforts toward compliance with the hearing aid compatibility requirements for the first three years of 
implementation, and then annually thereafter through the fifth year of implementation.10
4. On September 20, 2006, i wireless filed a petition for waiver of Section 20.19(d)(2) of the 
Commission’s Rules.11 In its waiver petition, i wireless noted that, as of the September 18, 2006 
deadline, it had been unable to obtain U3T/T3 (inductive coupling) compliant phones from its handset 
vendors12 and requested a waiver of this requirement.13 In its November 15, 2006 status report, i wireless 
identified two handset models -- the Nokia 6061 and the Motorola V3i -- as hearing-aid compatible 
models that its licensees were offering.14 However, because the Nokia 6061 had not in fact been certified 
as hearing aid compatible for inductive coupling, i wireless had only one compliant handset model as of 
the filing of its November 15, 2006 status report.  In response to a Commission staff inquiry, i wireless 
submitted a supplement on June 28, 2007, stating that as of March 22, 2007, it was offering two inductive 
coupling-compliant handset models, the Motorola RAZR V3 and Nokia 6126h, and that it was therefore 
in full compliance with Section 20.19(d)(2) of the Rules.15
5. On February 27, 2008, the Commission released the February 2008 Inductive Coupling 
Compatibility Waiver Order,16 addressing individually each of 46 waiver petitions filed on behalf of a 
total of 90 Tier III carriers, including i wireless, five Tier II carriers, one Mobile Virtual Network 
Operator, and one handset manufacturer for relief from the hearing aid compatibility requirements for 
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benchmarks, (d) adopts a technology “refresh” requirement for manufacturers, (e) requires service providers to offer 
hearing aid-compatible handsets with different levels of functionality, (f) adopts an updated version of the technical 
standard for measuring hearing aid compatibility, and (g) requires manufacturers and service providers to submit 
annual reports on an open ended basis, beginning January 15, 2009.  See Amendment of the Commission’s Rules 
Governing Hearing Aid-Compatible Mobile Handsets, First Report and Order, FCC 08-68 at ¶¶ 6-13, 34 (released 
February 28, 2008) (“Hearing Aid Compatibility First Report and Order”).  
9 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16785; see also 47 C.F.R. § 20.19(f).  
10 Hearing Aid Compatibility Order, 18 FCC Rcd at 16787; see also Wireless Telecommunications Bureau 
Announces Hearing Aid Compatibility Reporting Dates for Wireless Carriers and Handset Manufacturers, Public 
Notice, 19 FCC Rcd 4097 (Wireless Tel. Bur. 2004).  The Commission will now require service providers to submit 
annual status reports beginning January 15, 2009.  See Hearing Aid Compatibility First Report and Order, FCC 08-
68 at ¶ 13.  Manufacturers will report on January 15, 2009, and then annually beginning July 15, 2009.  Id. at ¶¶ 13, 
101. 
11 Petition of Iowa Wireless Services, LLC dba i wireless and related licensees for Waiver of Section 20.19(d)(2) of 
the Commission’s Rules, WT Docket No. 01-309, September 20, 2006 (“Waiver Petition”).
12 Id. at 2.  i wireless stated that, based on information from its vendors, sometime in October is the earliest that it 
would be able to obtain one inductive coupling-compliant handset model.  Id.
13 Id. at 4.  
14 i wireless Status Report on Hearing Aid Compatible Wireless Devices, WT Docket No. 01-309, November 15, 
2006.
15 Supplement to Petition of Iowa Wireless Services, LLC dba i wireless and related licensees for Waiver of Section
20.19(d)(2) of the Commission’s Rules, WT Docket 01-309, June 28, 2007 (“Waiver Petition Supplement”).   
16 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, FCC 08-67 (released February 27, 
2008) (“February 2008 Inductive Coupling Compatibility Waiver Order”).
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wireless digital telephones.  In its waiver petition, i wireless sought an open-ended waiver until compliant 
handsets became commercially available, citing its inability, as a Tier III carrier, to obtain compliant 
handsets from its vendors.17  
6. The Commission found that i wireless did not meet the requirements to justify a waiver under 
the rules.18 Specifically, the Commission stated that i wireless failed to demonstrate the diligence, unique 
or unusual circumstances, or any other factor that would warrant a grant of the requested waiver pursuant 
to the Section 1.925(b)(3) standard.19 The Commission recognized that i wireless, as a group of Tier III 
carriers with potentially limited inductive coupling-compatible GSM handsets available to it in September 
2006, may well have been unable reasonably to come into compliance by the September 18, 2006 
deadline, or shortly thereafter.20 Nonetheless, the Commission stated that i wireless had failed to 
demonstrate its need for an extension for over six months to come into full compliance with the 
Commission’s Rules, when it took most similarly situated carriers much less time.21 The Commission 
further noted that i wireless did not state why it listed the Nokia 6061 as hearing aid-compatible in its 
November 2006 status report and provided no explanation as to whether or why it believed this handset 
was hearing aid-compatible.22 Accordingly, the Commission denied the waiver petition of i wireless and 
referred its apparent violation to the Enforcement Bureau.
III. DISCUSSION
A. Failure to Offer For Sale Two Hearing-Aid Compatible Handsets
7. Section 20.19(d)(2) of the Rules requires digital wireless service providers to begin 
offering for sale at least two handset models for each air interface that meet at least a T3 rating for 
inductive coupling by September 18, 2006. i wireless admits that it did not offer for sale the required two 
models of inductive coupling-compliant handsets until March 22, 2007.23 Accordingly, we conclude that 
i wireless apparently willfully24 and repeatedly25 failed to comply with Section 20.19(d)(2) of the Rules. 
  
17 i wireless Waiver Petition at 4.
18 See 47 C.F.R. § 1.925(b)(3).
19 February 2008 Inductive Coupling Compatibility Waiver Order at 44.
20 Id.
21 Id.
22 Id.  
23 See i wireless Waiver Petition Supplement at 1.  
24 Section 312(f)(1) of the Act defines “willful” as “the conscious and deliberate commission or omission of [any] 
act, irrespective of any intent to violate” the law. 47 U.S.C. § 312(f)(1).  The legislative history of Section 312(f)(1) 
of the Act clarifies that this definition of willful applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 
97-765, 97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the term in the Section 503(b) 
context.  See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 
(1991), recon. denied, 7 FCC Rcd 3454 (1992) (“Southern California”).  
25 Section 312(f)(2) of the Act, which also applies to forfeitures assessed pursuant to Section 503(b) of the Act, 
provides that “[t]he term ‘repeated,’ … means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.”  47 U.S.C. § 312(f)(2).  See Callais Cablevision, 
Inc., Notice of Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern California, 6 FCC Rcd 
at 4388.
Federal Communications Commission DA 08-610
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B. Proposed Forfeiture
8. Under Section 503(b)(1)(B) of the Act, any person who is determined by the Commission 
to have willfully or repeatedly failed to comply with any provision of the Act or any rule, regulation, or 
order issued by the Commission shall be liable to the United States for a forfeiture penalty.26 To impose 
such a forfeiture penalty, the Commission must issue a notice of apparent liability and the person against 
whom such notice has been issued must have an opportunity to show, in writing, why no such forfeiture 
penalty should be imposed.27 The Commission will then issue a forfeiture if it finds by a preponderance 
of the evidence that the person has violated the Act or a Commission rule.28  We conclude under this 
standard that i wireless is apparently liable for forfeiture for its apparent willful and repeated violation of 
Section 20.19(d)(2) of the Rules.
9. Under Section 503(b)(2)(B) of the Act,29 we may assess a common carrier a forfeiture of 
up to $130,000 for each violation, or for each day of a continuing violation up to a maximum of 
$1,325,000 for a single act or failure to act.  In exercising such authority, we are required to take into 
account “the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, 
the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice 
may require.”30
10. The Commission’s Forfeiture Policy Statement31 and Section 1.80 of the Rules do not 
establish a base forfeiture amount for violations of the hearing aid-compatible handset requirements set 
forth in Section 20.19 of the Rules.  The fact that the Forfeiture Policy Statement does not specify a base 
amount does not indicate that no forfeiture should be imposed.  The Forfeiture Policy Statement states 
that “... any omission of a specific rule violation from the ... [forfeiture guidelines] ... should not signal 
that the Commission considers any unlisted violation as nonexistent or unimportant.32 The Commission 
retains the discretion, moreover, to depart from the Forfeiture Policy Statement and issue forfeitures on a 
case-by-case basis, under its general forfeiture authority contained in Section 503 of the Act.33  
11. In determining the appropriate forfeiture amount for violation of the hearing aid 
compatibility handset requirements, we take into account that these requirements serve to ensure that 
  
26 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).  
27 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f). 
28 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002).  
29 47 U.S.C. § 503(b)(2)(B).  The Commission twice amended Section 1.80(b)(3) of the Rules, 47 C.F.R. § 
1.80(b)(3), to increase the maxima forfeiture amounts, in accordance with the inflation adjustment requirements 
contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. § 2461.  See Amendment of Section 1.80 of 
the Commission’s Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 15 FCC Rcd 18221 (2000) 
(adjusting the maximum statutory amounts from $100,000/$1,000,000 to $120,000/$1,200,000); Amendment of 
Section 1.80 of the Commission’s Rules and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 19 FCC 
Rcd 10945 (2004) (adjusting the maximum statutory amounts from $120,000/$1,200,000 to $130,000/$1,325,000); 
see also 47 C.F.R. § 1.80(c).  
30 47 U.S.C. § 503(b)(2)(E).  See also 47 C.F.R. § 1.80(b)(4), Note to paragraph (b)(4): Section II. Adjustment 
Criteria for Section 503 Forfeitures.
31 See The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate 
the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“Forfeiture Policy 
Statement”).
32 Forfeiture Policy Statement, 12 FCC Rcd at 17099.  
33 See id.
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individuals with hearing disabilities have access to digital wireless telecommunications services.  In 
adopting the hearing aid compatibility rules, the Commission underscored the strong and immediate need 
for such access, stressing that individuals with hearing impairments should not be denied the public safety 
and convenience benefits of digital wireless telephony.34 Moreover, as the Commission has noted, the 
demand for hearing aid-compatible handsets is likely to increase with the growing reliance on wireless 
technology and with the increasing median age of our population.35
12. We note that in a recent decision, a base forfeiture amount of $15,000 per handset was 
established for violations of the hearing aid compatibility handset requirements.36 This base forfeiture 
amount was based on a determination that a significantly higher base forfeiture amount is warranted for 
violations of the hearing aid compatibility handset requirements than for violations of the labeling 
requirements for wireless hearing aid-compatible handsets.37 In reaching this determination, we found 
that a violation of the labeling requirements, while serious because it deprives hearing aid users from 
making informed choices, is less egregious than a violation of the handset requirements because failure to 
make compliant handsets available actually deprives hearing aid users from accessing digital wireless 
communications.38 Further, because providers were required to offer at least two handset models that 
meet at least a T3 rating for inductive coupling, we determined that a proposed forfeiture for violation of 
these requirements should be applied on a per handset basis.  Accordingly, we impose a base forfeiture 
amount of $15,000 per handset for violation of the hearing aid compatibility handset requirements.  
13. i wireless did not offer any handsets that met the T3 rating for inductive coupling by 
September 18, 2006.  i wireless began offering one inductive coupling-compliant handset sometime 
between October 2006 and November 15, 2006, and did not come into full compliance by offering a 
second inductive coupling-compliant handset until March 22, 2007.  Further, while i wireless sought a 
waiver of the September 18, 2006 deadline, it did not make a showing of good faith, diligent efforts to 
come into compliance even by January 1, 2007, as other Tier III carriers did, and the Commission, 
therefore, denied the waiver request.39 Although i wireless’s failure to offer two handsets that meet the 
FCC’s inductive coupling compatibility requirements is a continuing violation for purposes of 
determining an appropriate forfeiture, we exercise our prosecutorial discretion in light of the limited 
  
34 Hearing Aid Compatibility Order, 18 FCC Rcd at 16755.
35 Id. at 16756 (noting that approximately one in ten Americans, 28 million, have some level of hearing loss, that the 
proportion increases with age, and that the number of those affected will likely grow as the median age increases).  
See also Report on the Status of Implementation of the Commission’s Hearing Aid Compatibility Requirements, 
Report, 22 FCC Rcd 17709, 17719 (2007) (noting, just four years later, that the number of individuals with hearing 
loss in the United States was “at an all time high of 31 million – with that number expected to reach approximately 
40 million at the end of this decade”).
36 See South Canaan Cellular Communications Company, L.P., Notice of Apparent Liability for Forfeiture, 23 FCC 
Rcd 20, 24-25 (Enf. Bur., Spectrum Enf. Div. 2008) (“South Canaan”).
37 The Enforcement Bureau has established a base forfeiture amount of $8,000 for violation of the labeling 
requirements for wireless hearing aid-compatible handsets.  See e.g., South Central Utah Telephone Association, 
Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 19251 ¶ 10 (Enf. Bur., Spectrum Enf. Div. 2007), 
response pending; Pine Telephone Company, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 9205, 
9210 (Enf. Bur., Spectrum Enf. Div. 2007), response pending; IT&E Overseas, Inc., Notice of Apparent Liability for 
Forfeiture, 22 FCC Rcd 7660, 7665 (Enf. Bur., Spectrum Enf. Div. 2007), response pending.
38 South Canaan, 23 FCC Rcd at 24.
39 February 2008 Inductive Coupling Compatibility Waiver Order at ¶ 44.   
Federal Communications Commission DA 08-610
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period of time of the violation and decline to assess a forfeiture on a continuing violation basis in this 
case.40  
14. As explained above, we have determined that a proposed forfeiture for violation of the 
hearing aid compatibility handset requirements should be applied on a per handset basis.  Because i 
wireless began offering for sale the first inductive coupling-compliant handset model sometime between 
October 2006 and November 15, 2006, we note that the statute of limitations for proposing a forfeiture for 
the first handset model has expired.41 We also note that although i wireless is a Tier III carrier, i.e., a 
wireless radio service provider with 500,000 or fewer subscribers,42 it is not a typical Tier III carrier.  i 
wireless is comprised of and has the financial support of 37 associated PCS licensees and is owned by 
subsidiaries of T-Mobile USA and Iowa Network Services.  As such, we take into account i wireless’s 
size and ability to pay a forfeiture in determining the appropriate forfeiture amount. As the Commission 
made clear in the Forfeiture Policy Statement, large or highly profitable communications entities could 
expect forfeitures significantly higher than those reflected in the base amounts.43 In view of i wireless’s 
comparative size and ability to pay, we believe that an upward adjustment of the base forfeiture in the 
amount of $7,500 appropriate.  Accordingly, we find i wireless apparently liable for a $22,500 forfeiture 
for failing to fully comply with the inductive coupling compatibility requirements in willful and repeated 
violation of Section 20.19(d)(2).44  
IV. ORDERING CLAUSES
  
40 We caution i wireless and other carriers that future enforcement actions may consider all failures to comply with 
our hearing aid compatibility rules, including the inductive coupling requirements, as continuing violations for 
purposes of calculating appropriate forfeiture amounts.    
41 See 47 U.S.C.  § 503(b)(6); 47 C.F.R. § 1.80(c)(3).
42 See Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling 
Systems, Phase II Compliance Deadlines for Non-Nationwide CMRS Carriers, Order to Stay, 17 FCC Rcd 14841, 
14847 (2002).
43 Specifically, the Commission stated:
[O]n the other end of the spectrum of potential violations, we recognize that for large or highly profitable 
communication entities, the base forfeiture amounts ... are generally low. In this regard, we are mindful 
that, as Congress has stated, for a forfeiture to be an effective deterrent against these entities, the forfeiture 
must be issued at a high level .... For this reason, we caution all entities and individuals that, independent 
from the uniform base forfeiture amounts ..., we intend to take into account the subsequent violator's ability 
to pay in determining the amount of a forfeiture to guarantee that forfeitures issued against large or highly 
profitable entities are not considered merely an affordable cost of doing business. Such large or highly 
profitable entities should expect in this regard that the forfeiture amount set out in a Notice of Apparent 
Liability against them may in many cases be above, or even well above, the relevant base amount. 
Forfeiture Policy Statement, 12 FCC Rcd at 17099-100.
44 Under Section 503(b)(6) of the Act, 47 U.S.C. § 503(b)(6), we are prohibited from assessing a forfeiture for a 
violation that occurred more than a year before the issuance of a notice of apparent liability for forfeiture.  Section 
503(b)(6) does not, however, bar us from considering i wireless’s prior conduct in determining the appropriate 
forfeiture amount for violations that occurred within the one-year statutory period.  See Behringer USA, Inc., Notice 
of Apparent Liability for Forfeiture and Order, 21 FCC Rcd 1820, 1827 (2006), forfeiture ordered, 22 FCC Rcd 
10451 (2007) (forfeiture paid); Globcom, Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability 
for Forfeiture, 18 FCC Rcd 19893, 19903 (2003), forfeiture ordered, Forfeiture Order, 21 FCC Rcd 4710 (2006);
Roadrunner Transportation, Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671-71 (2000); Cate Communications 
Corp., Memorandum Opinion and Order, 60 RR 2d 1386, 1388 (1986); Eastern Broadcasting Corp., Memorandum 
Opinion and Order, 10 FCC 2d 37, 37-38 (1967) recon. denied, 11 FCC 2d 193, 195 (1967).  Accordingly, while we 
take into account the continuous nature of the violations in determining the appropriate forfeiture amount, our 
proposed forfeiture relates only to i wireless’s apparent violations that have occurred within the past year.
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15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 
1.80 of the Rules, Iowa Wireless Services, LLC dba i wireless IS NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred dollars 
($22,500) for willful and repeated violation of Section 20.19(d)(2) of the Rules. 
16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty 
days of the release date of this Notice of Apparent Liability for Forfeiture, Iowa Wireless Services, LLC 
dba i wireless SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed forfeiture.  
17. Payment of the forfeiture 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 above.  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).  Requests for full payment under an installment plan should be 
sent to:  Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 
or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 
18. The response, if any, must be mailed to the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN: Enforcement 
Bureau – Spectrum Enforcement Division, and must include the NAL/Acct. No. referenced in the caption.
19. The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the petitioner submits:  (1) federal tax returns for the most recent three-
year period; (2) financial statements prepared according to generally accepted accounting practices; or (3) 
some other reliable and objective documentation that accurately reflects the petitioner’s current financial 
status.  Any claim of inability to pay must specifically identify the basis for the claim by reference to the 
financial documentation submitted.
20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by first class mail and certified mail return receipt requested to Michael S. 
Haskins, Chief Operating Officer, Iowa Wireless Services, LLC dba i wireless, 4135 N.W. Urbandale 
Drive, Urbandale, Iowa 50322.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau