Federal Communications Commission DA 14-1551 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Certain Notices of Apparent Liability for Forfeiture Issued for Violations of 47 C.F.R. § 20.19(c)–(d) ) ) ) ) ) ) ) File No.: See Appendix NAL/Acct. No.: See Appendix FRN: See Appendix ORDER Adopted: October 27, 2014 Released: October 27, 2014 By the Chief, Enforcement Bureau: 1. We find that no forfeiture penalty should be imposed on the ten wireless service providers identified in the Appendix of this Order (collectively, the Wireless Providers) for previously identified apparent noncompliance with the Commission’s hearing aid-compatible handset deployment rules. The Commission adopted the hearing aid compatibility rules to enhance the ability of consumers with hearing loss to access digital wireless telecommunications. In 2011, the Enforcement Bureau (Bureau) issued Notices of Apparent Liability for Forfeiture (NALs) to the Wireless Providers proposing penalties for their apparent failure to offer to consumers the requisite number of hearing aid-compatible digital wireless handset models during the 2010 reporting period. 1 The findings of apparent violation were based on the hearing aid compatibility status reports that the Wireless Providers filed with the Commission in January 2011. In each of the NALs, the Bureau provided the Wireless Provider an opportunity to show, in writing, why either no forfeiture or a lower forfeiture should be imposed for the apparent violations. Each Wireless Provider filed a response to the respective NAL and averred that its documentation demonstrates that it complied with the hearing aid-compatible handset deployment requirements in 2010. The Wireless Providers’ responses are each supported with a declaration made under penalty of perjury or other appropriate verification. 2. Based on our review of the record, including the Wireless Providers’ responses to the NALs, we find that the Wireless Providers apparently each complied with the hearing aid-compatible handset deployment requirements during the 2010 reporting period. 2 Thus, we find that no forfeiture penalty should be imposed against the Wireless Providers for violation of Section 20.19(c)–(d) of the Commission’s rules. 3 3. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 504(b) of the Communications Act of 1934, as amended, 4 and Sections 0.111, 0.311, and 1.80 of the Commission’s 1 The Appendix identifies the NALs; they include a more complete recitation of the facts of each case and are incorporated herein by reference. 2 We remind all service providers and manufacturers of digital wireless handsets that they must accurately report their handset model offerings in their annual hearing aid compatibility status reports. 47 C.F.R. § 20.19(i). Inaccurate or incomplete reports hamper the Commission’s ability to monitor the deployment of hearing aid- compatible handsets and impede compliance with the hearing aid compatibility rules. The Commission will consider taking separate enforcement action to address the filing of inaccurate or incomplete reports if this problem persists. 3 47 C.F.R. § 20.19(c)–(d) (2010). 4 47 U.S.C. §§ 154(i), 504(b). Federal Communications Commission DA 14-1551 2 rules, 5 the proposed forfeitures in the NALs issued to the entities identified in the Appendix of this Order WILL NOT BE IMPOSED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to each of the Wireless Providers identified in the Appendix to this Order and to each Wireless Provider’s representative of record. FEDERAL COMMUNICATIONS COMMISSION Travis LeBlanc Chief Enforcement Bureau 5 47 C.F.R. §§ 0.111, 0.311, 1.80. Federal Communications Commission DA 14-1551 3 APPENDIX NOTICES OF APPARENT LIABILITY Captioned Service Provider File Number NAL Account Number and Date Issued FRN Toney Turnley Chief Executive Officer Kaplan Telephone Company, Inc. dba Pace Communications 118 North Irving Avenue P.O. Box 369 Kaplan, LA 70548 Kenneth C. Johnson, Esq. Bennet & Bennet PLLC 6124 MacArthur Boulevard Bethesda, MD 20816 EB-SED-13-00009442 (formerly File No.: EB-11-SE-052) 201132100036 Sept. 28, 2011 0001714146 Robert Martin Chief Executive Officer Limitless Mobile LLC (formerly known as Keystone Wireless, LLC dba Immix Wireless) 27599 Riverview Center Blvd. Suite 201 Bonita Springs, FL 34134 Michael Bennet, Esq. Bennet & Bennet, PLLC 6124 MacArthur Boulevard Bethesda, MD 20816 EB-SED-13-00009574 (formerly File No.: EB-11-SE-053) 201232100001 Oct. 28, 2011 0019600535 James Simon Chief Executive Officer Missouri RSA 5 Partnership dba Chariton Valley Wireless Services P.O. Box 67 Macon, Missouri 63552 Gregory W. Whiteaker, Esq. Donald L. Herman, Jr., Esq. Herman & Whiteaker LLC 1875 I Street, N.W. 5 th Floor Washington, DC 20006 EB-SED-13-00008832 (formerly File No.: EB-11-SE-057) 201232100002 Oct. 28, 2011 002535532 Federal Communications Commission DA 14-1551 4 Captioned Service Provider File Number NAL Account Number and Date Issued FRN Joel Leonard Chief Executive Officer Affordable Phone Services, Inc. 4352 SE 95 th Street Ocala, FL 34480 John J. Heitmann, Esq. Joshua T. Guyan, Esq. Kelley Drye & Warren LLP 3050 K Street, N.W., Suite 400 Washington, DC 20007 EB-SED-13-00009177 (formerly File No.: EB-11-SE-044) 201232100008 Dec. 23, 2011 0017950569 Darrell Seaba Chief Executive Officer North Central Wireless LC dba i wireless 536 N. Main Street P.O. Box 67 Goldfield, IA 50542 Stephen E. Coran, Esq. Lerman Senter PLLC 2000 K Street, N.W., Suite 600 Washington, DC 20006 EB-SED-13-00008847 (formerly File No.: EB-11-SE-059) 201232100009 Dec. 23, 2011 0005665310 Richard Stupansky Jr. Chief Executive Officer iSmart Mobile, LLC dba Big Sky Mobile 23500 Mercantile Road Suite B Beachwood, OH 44122 Thomas F. Bardo, Esq. Nelson Mullins Riley & Scarborough LLP 101 Constitution Avenue, N.W. Suite 900 Washington, DC 20036 EB-SED-13-00009484 (formerly File No.: EB-11-SE-050) 201232100012 Dec. 23, 2011 0019107051 Centennial Communications Corporation, wholly-owned subsidiary of AT&T, Inc. Robert Vitanza General Attorney AT&T Services, Inc. 208 S. Akard Street, Rm. 3110 Dallas, TX 75202 EB-SED-13-00009492 (formerly File No.: EB-11-SE-047) 201232100013 Dec. 29, 2011 0009631136 Federal Communications Commission DA 14-1551 5 Captioned Service Provider File Number NAL Account Number and Date Issued FRN Marshall Aronow Chief Executive Officer Metropolitan Telecommunications Holding Company dba MetTel 55 Water Street, 32nd Floor New York, NY 10041 Linda G. McReynolds, Esq. Marashlian & Donahue, LLC 1420 Springhill Road, Suite 401 McLean, VA 22102 EB-SED-13-00009472 (formerly File No.: EB-11-SE-056) 201232100015 Dec. 29, 2011 0009806019 Steven Tourje Chief Executive Officer NEP Cellcorp, Inc. 720 Main Street P.O. Box D Forest City, PA 18421 Kenneth C. Johnson, Esq. Bennet & Bennet PLLC 6124 MacArthur Boulevard Bethesda, MD 20816 EB-SED-13-00008843 (formerly File No.: EB-11-SE-058) 201232100016 Dec. 28, 2011 0014802284 Carl Koehn Jr. Chief Executive Officer Maximum Communications Cellular, LLC 3717 23 rd Street South Suite 201 St. Cloud, MN 56301 EB-SED-13-00011331 (formerly File No.: EB-11-SE-055) 201232100018 Dec. 28, 2011 0019130319