FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 9,145
x, 8850-9847 p. ; 28 cm.View a full description of this book.
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Federal Communications Commission DA 12-1274
(h) "Effective Date" means the date on which the Bureau releases the Adopting
Order.
(i) "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 digital wireless
handsets and the marketing or distribution of such handsets to consumers in the
United States.
(j) "Investigations" means collectively, the 2008 Reporting Period Investigation and
the 2009 Reporting Period Investigation.
(k) "NAL" means the Notice of Apparent Liability for Forfeiture issued by the
Commission against Smith Bagley on November 25, 2009.2
(1) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by Smith Bagley to implement the Compliance
Plan.
(m) "Parties" means Smith Bagley and the Bureau, each of which is a "Party."
(n) "Rules" means the Commission's regulations found in Title 47 of the Code
Federal Regulations.
(o) "Smith Bagley" means Smith Bagley, Inc. dba Cellular One and its predecessors-
in-interest and successors-in-interest.
(p) "2008 Reporting Period Investigation" means the investigation initiated by the
Bureau regarding Smith Bagley's deployment of digital wireless hearing aid-
compatible handset models during the July 1, 2008, to December 31, 2008,
reporting period, which culminated in the issuance of the NAL.
(q) "2009 Reporting Period Investigation" means the investigation commenced by
the Bureau's October 1, 2010, letter of inquiry3 regarding Smith Bagley's
deployment of digital wireless hearing aid-compatible handset models during the
January 1, 2009, to December 31, 2009, reporting period.
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.4 The
2 See Smith Bagley, Inc. dba Cellular One of NE Arizona, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd
14113 (Enf. Bur. 2009).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Zechariah H. Crook, Handset Development Coordinator, Smith Bagley, Inc. (Oct. 1, 2010) (on file in EB-10-SE-
121).
4 The Commission adopted these requirements for digital wireless telephones under the authority of the Hearing Aid
Compatibility Act of 1988, Pub. L. No. 100-394, 102 Stat. 976 (codified at 47 U.S.C. 609 note, 610, 610 note).
See Section 684(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, Report and Order,
18 FCC Rcd 16753, 16787, para. 89 (2003); Erratum, 18 FCC Red 18047 (2003) (Hearing Aid Compatibility
Order); Order on Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Red 11221 (2005).9145
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133015/m1/312/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.