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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File Nos.: EB-07-SE-284
In the Matter of ) EB-10-SE-111
Epic Touch Company, Inc. ) Acct. No.: 200832100016
) FRN: 0005599634
)
ORDER
Adopted: February 27, 2012 Released: February 27, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission and Epic Touch Co., Inc. (Epic Touch). The Consent Decree
resolves and terminates the Bureau's investigation into Epic Touch's
compliance with Section 20.19(d)(2) of the Commission's rules (Rules)
concerning the deployment of digital wireless hearing aid-compatible
handsets. The hearing aid compatibility requirements serve to ensure
that consumers with hearing loss have access to advanced
telecommunications services.
2. The Bureau and Epic Touch have negotiated the Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated herein 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 investigation. In the
absence of new material evidence relating to this matter, we conclude
that our investigation raises no substantial or material questions of
fact as to whether Epic Touch possesses the basic qualifications,
including those related to character, to hold or obtain any Commission
license or authorization.
4. We further find that no forfeiture penalty should be imposed in
connection with a companion investigation into Epic Touch's compliance
with Section 20.19(c)(3)(ii) of the hearing aid compatibility rules.
Based on information recently provided by Epic Touch regarding its
wireless handset offerings, we conclude that Epic Touch has
demonstrated that it was in compliance during the requisite period.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and Sections 0.111 and
0.311 of the Commission's rules, the Consent Decree attached to this
Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the proposed forfeiture issued to Epic
Touch in the 2010 NAL WILL NOT BE IMPOSED.
7. IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
8. 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 Robert Boaldin, President, Epic Touch Co., Inc., 610
South Cosmos, Elkhart, KS 67950.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No.: EB-07-SE-284
In the Matter of
) Acct. No.: 200832100016
Epic Touch Company, Inc.
) FRN: 0005599634
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Epic
Touch Company, Inc., by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Enforcement
Bureau's investigation into possible violations of former Section
20.19(d)(2) of the Commission's rules pertaining to the deployment of
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. S:
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. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Epic Touch is subject by virtue of its business activities,
including but not limited to, the Hearing Aid Compatibility Rules.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
g. "Covered Employees" means all employees and agents of Epic Touch who
perform duties, or supervise, oversee, or manage the performance of
duties, that relate to Epic Touch's responsibilities under the Hearing
Aid Compatibility Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "Epic Touch" means Epic Touch Company, Inc. and its
predecessors-in-interest and successors-in-interest.
j. "Hearing Aid Compatibility Rules" means Section 20.19 of the Rules and
other Communications Laws governing digital wireless hearing aid
compatibility, such as the Rules governing the design, selection, or
acquisition of wireless handsets and the marketing or distribution of
such handsets to consumers in the United States.
k. "Investigation" means the investigation commenced by the Bureau's
August 13, 2007 letter of inquiry regarding Epic Touch's compliance
with the Hearing Aid Compatibility Rules, which culminated in the
issuance of the Notice of Apparent Liability for Forfeiture.
l. "Notice of Apparent Liability for Forfeiture" or "NAL" means Epic
Touch Co., Inc., Notice of Apparent Liability for Forfeiture, 23 FCC
Rcd 2831 (Enf. Bur. 2008).
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Epic Touch to
implement the Compliance Plan.
n. "Parties" means Epic Touch and the Bureau, each of which is a "Party".
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
several measures to enhance the ability of consumers with hearing loss
to access digital wireless telecommunications. The Commission
established technical standards for radio frequency interference (the
"M" rating) and inductive coupling (the "T" rating) that digital
wireless handsets must meet to be considered compatible with hearing
aids operating in acoustic coupling and inductive coupling (telecoil)
modes, respectively. For each of these standards, the Commission
further established deadlines by which manufacturers and service
providers were required to offer specified numbers or percentages of
digital wireless handsets per air interface that are compliant with
the relevant standard.
3. In its November 17, 2006 hearing aid compatibility status report, Epic
Touch listed five digital wireless handset models that it had offered
to consumers. Because none of the five listed handset models met the
T3 rating for inductive coupling, the Wireless Telecommunications
Bureau referred this matter to the Bureau for investigation and
possible enforcement action. On August 12, 2007, the Bureau's Spectrum
Enforcement Division (Division) issued the LOI to Epic Touch,
directing the company to submit a sworn written response to a series
of questions related to Epic Touch's compliance with the hearing
aid-compatible handset deployment requirements set forth in Section
20.19(d)(2) of the Rules. Epic Touch responded to the LOI on September
12, 2007 (LOI Response). In its LOI Response, Epic Touch acknowledged
that it did not offer to consumers at least two T3-rated handset
models by the September 18, 2006 deployment deadline. However, Epic
Touch argued that, as a Tier III carrier, it was "extremely hard ...
to acquire and release updated [h]andsets in a timely manner" because
new handsets were the subject of exclusive arrangements between
manufacturers and larger carriers.
4. On February 28, 2008, the Bureau issued the Notice of Apparent
Liability for Forfeiture against Epic Touch. In the NAL, the Bureau
found Epic Touch apparently liable for a $30,000 forfeiture for
failing to offer to consumers at least two T3-rated handset models by
the September 16, 2006 deployment deadline in willful and repeated
violation of Section 20.19(d)(2) of the Rules. On March 26, 2008, Epic
Touch responded to the Notice of Apparent Liability. In its response,
Epic Touch asserted, among other things, that the company "made
repeated efforts to obtain at least two handsets that would comply
with the FCC's rules", and that "there were no compliant handsets
available . . . to Epic [Touch] in time to meet the FCC's September
2006 regulatory deadline." In the NAL, the Bureau concluded that under
the totality of the circumstances, Epic Touch had not presented
mitigating circumstances that would warrant a downward adjustment of
the forfeiture.
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.
6. Jurisdiction. Epic Touch agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and that the
Bureau 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 Effective Date as defined herein.
As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and
remedies attendant to the enforcement of a Commission order.
8. 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 the
Investigation. In consideration for terminating the Investigation,
Epic Touch 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, 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 Epic
Touch concerning the matters that were the subject of the
Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the
Investigation through the Effective Date, 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 Epic Touch
with respect to Epic Touch's basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Epic Touch shall designate a senior corporate manager
with the requisite corporate and organizational authority to serve as
Compliance Officer and to discharge the duties set forth below. The
person designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that Epic Touch complies with the terms and conditions of the
Compliance Plan and this Consent Decree. In addition to the general
knowledge of the Communications Laws necessary to discharge his/her
duties under this Agreement, the Compliance Officer shall have
specific knowledge of the Hearing Aid Compatibility Rules prior to
assuming his/her duties
10. Compliance Plan. For purposes of settling the matters set forth
herein, Epic Touch agrees that it shall within sixty (60) calendar
days after the Effective Date, develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws and
with the terms and conditions of this Consent Decree. With respect to
the Hearing Aid Compatibility Rules, Epic Touch shall implement the
following procedures:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, Epic Touch shall establish
Operating Procedures that all Covered Employees must follow to help
ensure Epic Touch's compliance with the Hearing Aid Compatibility
Rules. Epic Touch's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that Epic
Touch offers the requisite number or percentage of hearing
aid-compatible digital wireless handsets to consumers as required by
the Hearing Aid Compatibility Rules. Epic Touch also shall develop a
Compliance Checklist that describes the steps that a Covered Employee
must follow to ensure that the inclusion of a new handset model, or
discontinuance of an existing handset offering, will not result in a
violation of the Commission's digital wireless hearing aid-compatible
handset deployment requirements. At a minimum, the Compliance
Checklist shall require Covered Employees to verify the hearing aid
compatibility rating of each existing and proposed handset offering
using the Commission's equipment authorization database.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Hearing Aid Compatibility Rules and set forth the
Operating Procedures that Covered Employees shall follow to help
ensure Epic Touch's compliance with the Hearing Aid Compatibility
Rules. Epic Touch shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. Epic Touch shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. Epic Touch shall establish and implement
a Compliance Training Program on compliance with the Hearing Aid
Compatibility Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of
Epic Touch's obligation to report any noncompliance with the Hearing
Aid Compatibility Rules under paragraph 11 of this Consent Decree and
shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant
to the Compliance Training Program within sixty (60) calendar days
after the Effective Date, except that any person who becomes a
Covered Employee at any time after the Effective Date shall be
trained within thirty (30) calendar days after the date such person
becomes a Covered Employee. Epic Touch shall repeat the compliance
training on an annual basis, and shall periodically review and revise
the Compliance Training Program as necessary to ensure that it
remains current and complete and to enhance its effectiveness.
11. Reporting Noncompliance. Epic Touch shall report any noncompliance
with the Hearing Aid Compatibility Rules and with the terms and
conditions of this Consent Decree within fifteen (15) calendar days
after discovery of such noncompliance. Such reports shall include a
detailed explanation of (i) each instance of noncompliance; (ii) the
steps that Epic Touch has taken or will take to remedy such
noncompliance; (iii) the schedule on which such remedial actions will
be taken; and (iv) the steps that Epic Touch has taken or will take to
prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted to the Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, Room
3-C366, 445 12th Street, S.W. Washington, D.C. 20554, with a copy
submitted electronically to Josh Zeldis at Josh.Zeldis@fcc.gov and to
JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
12. Compliance Reports. Epic Touch shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, and twenty-four (24) months
after the Effective Date.
a. Each compliance report shall include a detailed description of Epic
Touch's efforts during the relevant period to comply with the terms
and conditions of this Consent Decree and the Hearing Aid
Compatibility Rules. In addition, each Compliance Report shall include
a certification by the Compliance Officer, as an agent of and on
behalf of Epic Touch, stating that the Compliance Officer has personal
knowledge that Epic Touch (i) has established and implemented the
Compliance Plan; (ii) has utilized the Operating Procedures since the
implementation of the Compliance Plan; and (iii) is not aware of any
instances of noncompliance with the terms and conditions of this
Consent Decree, including the reporting obligations set forth in
paragraph 11 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules and be subscribed to as true under
penalty of perjury in substantially the form set forth therein.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Epic Touch,
shall provide the Commission with a detailed explanation of the
reason(s) why and describe fully (i) each instance of noncompliance;
(ii) the steps that Epic Touch has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
actions will be taken; and (iii) the steps that Epic Touch has taken
or will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554, with a copy
submitted electronically to Josh Zeldis at Josh.Zeldis@fcc.gov and to
JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
13. Termination Date. Unless stated otherwise, the obligations set forth
in paragraphs 9 through 12 of this Consent Decree shall expire
twenty-four (24) months after the Effective Date
14. 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 Epic Touch 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
complaints 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 Epic Touch with the Communications Laws.
15. Voluntary Contribution. Epic Touch agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
twenty-two thousand five hundred dollars ($22,500). The payment must
be made within thirty (30) calendar days after the Effective Date. 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 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). Epic Touch shall also send
electronic notification to Josh Zeldis at Josh.Zeldis@fcc.gov, JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov, and Samantha Peoples at
Sam.Peoples@fcc.gov on the date said payment is made.
16. Waivers. Epic Touch 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 issues an Adopting
Order as defined herein. Epic Touch 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 Epic Touch nor the Commission shall contest
the validity of the Consent Decree or of the Adopting Order, and Epic
Touch shall waive any statutory right to a trial de novo. Epic Touch
hereby agrees to waive any claims it may have under the Equal Access
to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et seq.,
relating to the matters addressed in this Consent Decree.
17. Invalidity. 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.
18. 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 Epic Touch does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
19. Successors and Assigns. Epic Touch agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
20. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. 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 Communications Laws, and that by
entering into this Consent Decree, Epic Touch does not admit to or
deny any of the violations set forth in the Notice of Apparent
Liability for Forfeiture.
21. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
22. 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.
23. Authorized Representative. The individual signing this Consent Decree
on behalf of Epic Touch represents and warrants that he/she is
authorized by Epic Touch to execute this Consent Decree and to bind
Epic Touch to the obligations set forth herein. The FCC signatory
represents that he is signing this Consent Decree in his official
capacity and that he is authorized to execute this Consent Decree.
24. 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.
________________________________
John D. Poutasse
Acting Chief
Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
________________________________
Bob Boaldin
President
Epic Touch Inc.
______________________________
Date
47 C.F.R. S: 20.19(d)(2) (2006).
See Epic Touch Co., Inc., Notice of Apparent Liability for Forfeiture, 23
FCC Rcd. 2831 (Enf. Bur. 2008).
See Epic Touch Co., Inc., Notice of Apparent Liability for Forfeiture, 25
FCC Rcd 17854 (Enf. Bur. 2010) (2010 NAL).
See Letter from Tony S. Lee, Counsel, Epic Touch Company, Inc., to Marlene
H. Dortch, Secretary, FCC (filed Mar. 21, 2011) (on file in EB-10-SE-111)
(explaining that a comprehensive review of Epic Touch's sales records
revealed additional handset offerings not previously identified or
reported to the FCC and submitting point of sale and inventory statements
to demonstrate compliance).
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 20.19(d)(2)(2006).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to Troy Barnett,
Epic Touch Company, Inc. (Aug. 13, 2007) (LOI).
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 Act, 47 U.S.C. S: 610(b)(2)(C). See Section
68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
Telephones, Report and Order, 18 FCC Rcd 16753, 16787 P: 89 (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).
As subsequently amended, Section 20.19(b)(1) provides that, for the period
beginning June 6, 2008 and ending December 31, 2009, a newly certified
wireless handset is deemed hearing aid-compatible for radio frequency
interference if, at minimum, it meets the M3 rating associated with the
technical standard set forth in either the standard document "American
National Standard Methods of Measurement of Compatibility between Wireless
Communication Devices and Hearing Aids," ANSI C63.19-2006 (June 12, 2006)
or ANSI C63.19-2007 (June 8, 2007). Beginning January 1, 2010, a newly
certified handset must meet at least an M3 rating under ANSI C63.19-2007
to be considered hearing aid-compatible for radio frequency interference.
47 C.F.R. S: 20.19(b)(1). Section 20.19(b)(2) provides that, for the
period beginning June 6, 2008 and ending December 31, 2009, a newly
certified wireless handset is deemed hearing aid-compatible for inductive
coupling if, at minimum, it meets the T3 rating associated with the
technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007,
and beginning January 1, 2010, it is deemed hearing aid-compatible for
inductive coupling if it meets at least a T3 rating under ANSI
C63.19-2007. 47 C.F.R. S: 20.19(b)(2). Grants of certification issued
before June 6, 2008, under previous versions of ANSI C63.19 remain valid
for hearing aid compatibility purposes.
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 Digital Enhanced Network (iDEN)
and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
Telecommunications System (UMTS).
See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47
C.F.R. S: 20.19(c), (d).
See Alliance for Telecommunications Industry Solutions, Inc., Hearing Aid
Compatibility Compliance Efforts Status Report #6 (filed Nov. 17, 2006, in
WT Docket No. 01-309). Alliance for Telecommunications Industry Solutions,
Inc. filed the report on behalf of Epic Touch.
See supra note 2.
See 47 C.F.R. S: 20.19(d)(2) (2006) (requiring each provider of public
mobile service to include in its handset offerings at least two T3-rated
handset models per air interface by no later than September 18, 2006).
Letter from Troy Barnett, Epic Touch Company, Inc., to Kathryn S. Berthot,
Chief, Spectrum Enforcement Bureau, Federal Communications Commission
(Sept. 10, 2007).
Id. at 1.
Id.
NAL at 2835-36, para.12.
Letter from James Troup, Counsel for Epic Touch Company, Inc., to Marlene
H. Dortch, Secretary, Federal Communications Commission (Mar. 26, 2008).
Id. at 2-3.
NAL at 2836, para. 13 (recognizing typical delays experienced by Tier III
carriers, but noting that other Tier III carriers achieved full compliance
within a few months of the deadline).
47 C.F.R. S: 1.16.
Federal Communications Commission DA 12-285
4
Federal Communications Commission DA 12-285