# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File No. EB-07-SE-272       |
|                                |       |                             |
| Cable & Communications         | )     | NAL/Acct. No. 200832100015  |
| Corporation                    |       |                             |
|                                | )     | FRN No. 0001634443          |
| dba Mid-Rivers Cellular        |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

# ORDER

**Adopted: April 3, 2008 Released: April 7, 2008**

By the Chief, Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau ("Bureau") and Cable & Communications
    Corporation dba Mid-Rivers Cellular ("Mid-Rivers Cellular"). The
    Consent Decree terminates an investigation and Notice of Apparent
    Liability for Forfeiture ("NAL") by the Bureau against Mid-Rivers
    Cellular for possible violation of Section 20.19(d)(2) of the
    Commission's Rules ("Rules") regarding its failure 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.

2.  The Bureau and Mid-Rivers Cellular have negotiated the terms of the
    Consent Decree that resolve this matter. 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, which terminates the investigation and
    cancels the NAL.

4.  In the absence of material new evidence relating to this matter, we
    conclude that our investigation raises no substantial or material
    questions of fact as to whether Mid-Rivers Cellular 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,[^1] and
    sections 0.111 and 0.311 of the Commission's Rules,[^2] the Consent
    Decree attached to this Order **IS ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the above-captioned investigation
    **IS TERMINATED** and the Notice of Apparent Liability for
    Forfeiture **IS CANCELLED**.

7.  **IT IS FURTHER ORDERED** that Mid-Rivers Cellular shall make its
    voluntary contribution to the United States Treasury, as specified
    in the Consent Decree, by credit card through the Commission's
    Revenue and Receivables Operations Group at (202) 418-1995, or 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 that Mid-Rivers Cellular will file
    reports with the Commission ninety days, twelve months, and
    twenty-four months after the Effective Date of this Order. Each
    report shall include a compliance certificate from an officer, as an
    agent of Mid-Rivers Cellular, stating that the officer has personal
    knowledge that Mid-Rivers Cellular 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 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 Sylvia Lesse, Esq., Communications Advisory
    Counsel, LLC, 2154 Wisconsin Avenue N.W., Washington, DC 20007, and
    to Gerry Anderson, Cable & Communications Corporation dba Mid-Rivers
    Cellular, 904 C Avenue, P.O. Box 280, Circle, MT 59215.

FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File No. EB-07-SE-272       |
|                                |       |                             |
| Cable & Communications         | )     | NAL/Acct. No. 200832100015  |
| Corporation                    |       |                             |
|                                | )     | FRN No. 0001634443          |
| dba Mid-Rivers Cellular        |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

**CONSENT DECREE**

The Enforcement Bureau ("Bureau") and Cable & Communications Corporation
dba Mid-Rivers Cellular ("Mid-Rivers Cellular" or the "Company"), by
their authorized representatives, hereby enter into this Consent Decree
for the purpose of terminating the Bureau's investigation into whether
Mid-Rivers Cellular violated section 20.19(d)(2) of the Commission's
Rules ("Rules") regarding its failure 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.

**I. DEFINITIONS**

1.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(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) "Compliance Plan" means the program described in this Consent Decree
    at paragraph nine.

(e) "Effective Date" means the date on which the Bureau releases the
    Adopting Order.

(f) "Investigation" means the investigation commenced by the Bureau's
    August 13, 2007 Letter of Inquiry[^3] regarding whether Mid-Rivers
    Cellular violated section 20.19(d)(2) of the 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.[^4]

(g) "Mid-Rivers Cellular" means Cable & Communications Corporation dba
    Mid-Rivers Cellular and its predecessors-in-interest and
    successors-in-interest.

(h) "NAL" means *Cable & Communications Corporation dba Mid-Rivers
    Cellular*, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd
    1622 (Enf. Bur., Spectrum Enf. Div., 2008).

(i) "Order" or "Adopting Order" means an Order of the Bureau adopting
    the terms of this Consent Decree without change, addition, deletion,
    or modification.

(j) "Parties" means Mid-Rivers Cellular and the Bureau.

(k) "Rules" means the Commission's regulations found in Title 47 of the
    Federal Regulations.

**II. BACKGROUND**

2.  Pursuant to section 20.19(d)(2) of the Rules, digital wireless
    service providers were required to offer for sale at least two
    handset models for each air interface offered that meet at least a
    T3 rating for inductive coupling by September 18, 2006.[^5]

3.  On February 11, 2008, the Bureau issued a Notice of Apparent
    Liability for Forfeiture ("NAL")[^6] proposing that Mid-Rivers
    Cellular be held liable for a forfeiture of fifteen thousand dollars
    (\$15,000) 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.

**III. TERMS OF AGREEMENT**

4.  **[Adopting Order]{.underline}.** 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.

5.  **[Jurisdiction]{.underline}.** Mid-Rivers Cellular 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.

6.  **[Effective Date; Violations]{.underline}.** 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.

7.  **[Termination of Investigation]{.underline}.** 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 investigation and to cancel its NAL. In consideration
    for the termination of said investigation and cancellation of the
    NAL, Mid-Rivers Cellular 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 Mid-Rivers
    Cellular 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 Mid-Rivers Cellular with
    respect to Mid-Rivers Cellular's basic qualifications, including its
    character qualifications, to be a Commission licensee or authorized
    common carrier.

8.  **[Section 208 Complaints; Subsequent Investigations]{.underline}.**
    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 Mid-Rivers Cellular 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 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 Mid-Rivers Cellular of the Act, the rules, or the
    Order.

9.  **[Compliance Plan]{.underline}.** For purposes of settling the
    matters set forth herein, Mid-Rivers Cellular agrees to create
    within 30 days and 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:

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(a) **Wireless Services Coordinator.** Mid-Rivers Cellular has
    designated a wireless services coordinator, who will be familiar
    with the FCC's hearing aid compatibility regulations and associated
    selling and labeling benchmarks. The designated coordinator 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 wireless services coordinator will
    ensure that hearing aid compatibility regulations are understood and
    implemented. The designated coordinator will be responsible for
    ensuring that all Mid-Rivers Cellular retail staff receives training
    regarding the hearing aid compatibility capabilities of the handsets
    Mid-Rivers Cellular offers for sale. Such training will ensure that
    retail staff is able to demonstrate the operation of hearing
    aid-compatible handsets and to direct customers to additional
    sources of information. 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) **Purchasing.** The designated wireless services coordinator will
    develop and institute procedures for ensuring that vendor deliveries
    are compliant with hearing aid compatibility requirements. Under the
    supervision of the wireless services coordinator, the purchasing and
    supply supervisor will ensure that sufficient numbers of hearing
    aid-compatible handset models are purchased and in inventory to meet
    FCC hearing aid compatibility requirements. The supervisor will
    contact vendors regularly to discuss and confirm equipment
    compliance requirements, and will regularly review the company's
    compliance status with supervisors.

(d) **Consumer Outreach.** Mid-Rivers Cellular will ensure that each
    retail outlet is stocked with the company-developed hearing aid
    compatibility information sheet designed to educate customers in
    their selection of handsets. Mid-Rivers Cellular will coordinate
    with area audiologists and area medical facilities to arrange for
    display and/or dissemination of information sheets in retail hearing
    aid establishments.

(e) **Compliance Reports.** Mid-Rivers Cellular will file compliance
    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 Mid-Rivers Cellular, stating that
    the officer has personal knowledge that Mid-Rivers Cellular 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 12^th^ Street, S.W., Washington, D.C. 20554.

(f) **Termination Date.** Unless stated otherwise, the requirements of
    this Consent Decree will expire 24 months from the Effective Date.

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10. **[Voluntary Contribution]{.underline}.** Mid-Rivers Cellular agrees
    that it will make a voluntary contribution to the United States
    Treasury in the amount of \$12,000. 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
    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).

11. **[Waivers]{.underline}.** Mid-Rivers Cellular 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. Mid-Rivers Cellular 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 Mid-Rivers Cellular nor the Commission shall
    contest the validity of the Consent Decree or the Adopting Order,
    and Mid-Rivers Cellular shall waive any statutory right to a trial
    *de novo*. Mid-Rivers Cellular 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.

12. **[Severability]{.underline}.** 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.

13. **[Subsequent Rule or Order]{.underline}.** 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 Mid-Rivers Cellular does not expressly consent) that provision
    will be superseded by such Commission rule or Order.

14. **[Successors and Assigns]{.underline}.** Mid-Rivers Cellular agrees
    that the provisions of this Consent Decree shall be binding on its
    successors, assigns, and transferees.

15. **[Final Settlement]{.underline}.** 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.

16. **[Modifications]{.underline}.** This Consent Decree cannot be
    modified without the advance written consent of both Parties.

17. **[Paragraph Headings]{.underline}.** 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.

18. **[Authorized Representative]{.underline}.** Each party represents
    and warrants to the other that it has full power and authority to
    enter into this Consent Decree.

19. **[Counterparts]{.underline}.** 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                              |                                   |
|                                   |                                   |
| **                                |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |                                   |
|                                   |                                   |
| Gerry Anderson                    |                                   |
|                                   |                                   |
| General Manager                   |                                   |
|                                   |                                   |
| Cable & Communications            |                                   |
| Corporation                       |                                   |
|                                   |                                   |
| dba Mid-Rivers Cellular           |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
+-----------------------------------+-----------------------------------+

[^1]: 47 U.S.C. § 154(i), 503(b).

[^2]: 47 C.F.R. §§ 0.111, 0.311.

[^3]: *See* Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, to Gerry Anderson, Cable &
    Communications Corporation dba Mid-Rivers Cellular (August 13,
    2007).

[^4]: 47 C.F.R. § 20.19(d)(2).

[^5]: *Id*.

[^6]: *Cable & Communication Corporation dba Mid-Rivers Cellular*,
    Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 1622 (Enf.
    Bur., Spectrum Enf. Div., 2008).