Overview of Enforcement Action
On December 28, 2011, the Federal Communications Commission Enforcement Bureau released a Notice of Apparent Liability for Forfeiture (DA 11-2080) against Maximum Communications Cellular, LLC (MaxCell). The Bureau proposed a forfeiture penalty of $30,000 for apparent willful and repeated violations of Section 20.19(c)(3)(ii) of the Commission's rules.
MaxCell, a Tier III wireless carrier operating in Minnesota, failed to offer the required number or percentage of digital wireless handset models meeting hearing aid compatibility standards on its Global System for Mobile Communications (GSM) and Wideband Code Division Multiple Access (WCDMA) air interfaces during November and December 2010.
- Carrier: Maximum Communications Cellular, LLC
- File Number: EB-11-SE-055
- NAL/Acct. No.: 201232100018
- Proposed Penalty: $30,000
- Rule Violated: 47 C.F.R. ยง 20.19(c)(3)(ii)
Hearing Aid Compatibility Handset Deployment Rules
Under Commission rules established to guarantee access to digital wireless services for individuals with hearing loss, service providers are subject to specific handset deployment benchmarks. Handsets are rated for acoustic coupling using radio frequency interference standards, where an M3 rating represents the minimum compliant standard under ANSI C63.19.
Beginning May 15, 2010, non-Tier I service providers were required to ensure that either at least 50% of the handset models offered per digital air interface, or at least ten handset models per air interface, met or exceeded the M3 rating.
- Deployment standards apply independently across each digital air interface offered by a carrier.
- Non-Tier I service providers offering more than two or three handset models must maintain specified compliant percentages to prevent exclusion of hearing aid users.
Investigation and Findings of Non-Compliance
MaxCell filed its annual hearing aid compatibility status report on January 17, 2011, covering the 2010 calendar year. Following a referral from the Wireless Telecommunications Bureau, the Enforcement Bureau investigated MaxCell's offerings and cross-referenced device ratings with the FCC Office of Engineering and Technology Equipment Authorization System.
The review established that in November and December 2010, MaxCell offered a total of 11 handset models across both the GSM and WCDMA air interfaces. Under the 50% benchmark requirement, MaxCell was required to offer at least six M3-rated compliant handset models for each interface. However, the company made available only five compliant models per interface, missing the minimum requirement by one handset model on both GSM and WCDMA networks.
- Total handset models offered in November and December 2010: 11 models.
- Required M3-rated models per air interface: 6 models (at least 50%).
- Compliant M3-rated models actually offered: 5 models on GSM, 5 models on WCDMA.
- Handset shortfall: 1 model on GSM and 1 model on WCDMA.
Forfeiture Calculation and Next Steps
The Commission's established base forfeiture for failing to offer the required number of hearing aid-compatible handset models is $15,000 per handset shortfall per air interface. Because MaxCell fell short by one model on the GSM interface and one model on the WCDMA interface in December 2010, the Enforcement Bureau assessed two separate $15,000 base forfeitures, totaling $30,000.
MaxCell was granted 30 calendar days from the release date of the order to either pay the full forfeiture amount or submit a written statement requesting reduction or cancellation supported by appropriate documentation.
- GSM air interface shortfall forfeiture: $15,000
- WCDMA air interface shortfall forfeiture: $15,000
- Total proposed penalty: $30,000
- Response timeline: 30 calendar days from December 28, 2011