Skip Navigation

Federal Communications Commission

English Display Options

Commission Document Attachment

DA-12-1381A2

Federal Communications Commission

DA 12-1381

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No.: EB-09-SE-149
In the Matter of
)
)
Acct. No.: 201232100038
HTC America, Inc.; HTC Corporation
)
)
FRN: 0018941682

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission, HTC America, Inc., a
subsidiary of HTC Corporation, and HTC Corporation by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into
possible violations of Sections 20.19(c)(1) and 20.19(d)(1) of the Commission’s rules1 pertaining to the
deployment of digital wireless hearing aid-compatible handset models.

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. § 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 HTC 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 and compliance program
described in this Consent Decree at paragraph 8.
(g) “Covered Employees” means all employees and agents of HTC who perform, or
supervise, oversee, or manage the performance of, duties that relate to HTC’s
responsibilities under the Hearing Aid Compatibility Rules, but excludes those
employees or agents of HTC who perform factory labor associated with the
manufacture and assembly of digital wireless handsets, those solely involved in the
sales and marketing of digital wireless handsets for distribution outside the United
States and its territories, and those agents, if any, who perform independent testing of
HTC’s digital wireless handsets.


1 47 C.F.R. § 20.19(c)(1), (d)(1).

Federal Communications Commission

DA 12-1381

(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 wireless handsets and the
marketing or distribution of such handsets within the United States and its territories.
(j) “HTC” means HTC America, Inc. and HTC Corporation, as well as their
predecessors-in-interest and successors-in-interest.
(k) “Investigation” means the investigation initiated by the Bureau in response to a
referral from the Wireless Telecommunications Bureau regarding possible violations
of Sections 20.19(c)(1) and 20.19(d)(1) of the Rules.
(l) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by HTC to implement the Compliance Plan.
(m) “Parties” means HTC and the Bureau, each of which is a “Party.”
(n) “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.2 The
Commission established technical standards for radio frequency interference (the M rating) and inductive
coupling (the T rating)3 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


2 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. § 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, para. 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).
3 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. § 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. See id. § 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. A recently adopted further
amendment to Section 20.19(b) will permit manufacturers to test handsets for hearing aid compatibility using the
2011 version of the ANSI standard (ANSI C63.19-2011) as an alternative to ANSI C63.19-2007. See Amendment of
the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets
, Third Report and Order, 27 FCC
Rcd 3732 (2012).
2

Federal Communications Commission

DA 12-1381

providers must offer specified numbers or percentages of digital wireless handsets per air interface4 that
are compliant with the relevant standard.5 In February 2008, as part of a comprehensive reconsideration
of the effectiveness of the Hearing Aid Compatibility Rules, the Commission released an order that,
among other things, adopted new hearing aid-compatible handset deployment benchmarks beginning in
2008.6
3.
HTC Corporation designs and manufacturers handheld wireless telecommunications
devices, including digital wireless handsets. HTC America, Inc., a wholly-owned subsidiary of HTC
Corporation, represents that it controls the sales and marketing of such digital wireless handsets in the
United States. HTC Corporation’s hearing aid compatibility status report covering the period July 1,
2008 through December 31, 2008 was filed on January 15, 2009.7 HTC Corporation’s hearing aid
compatibility status report covering the period January 1, 2009 through June 30, 2009 was filed on July
15, 2009.8 On November 25, 2009, the Wireless Telecommunications Bureau referred HTC’s apparent
hearing aid-compatible handset deployment violations to the Bureau’s Spectrum Enforcement Division
(Division) for investigation and possible enforcement action. HTC Corporation’s hearing aid
compatibility status report for the period covering July 1, 2009 through June 30, 2010 was filed on July
15, 2010.9 HTC Corporation’s hearing aid compatibility status report for the period covering July 1, 2010
through June 30, 2011 was filed on July 14, 2011.10 HTC asserts that the company is now fully compliant
with the hearing aid-compatible handset deployment requirements and that, as of June 2012, all handset
models offered by HTC met or exceeded both the M3 and T3 rating for hearing aid compatibility.11 The


4 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).
5 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. § 20.19(c), (d).
6 See Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets, First Report and
Order, 23 FCC Rcd 3406 (2008), Order on Reconsideration and Erratum, 23 FCC Rcd 7249 (2008). These handset
deployment requirements do not apply to service providers and manufacturers that meet the de minimis exception.
The de minimis exception provides that manufacturers or mobile service providers that offer two or fewer digital
wireless handset models per air interface are exempt from the hearing aid compatibility requirements, and
manufacturers or service providers that offer three digital wireless handset models per air interface must offer at
least one compliant model. 47 C.F.R. § 20.19(e). Effective September 10, 2012, the de minimis exception will not
be available to manufacturers or mobile service providers that do not meet the definition of a “small entity”
beginning two years after their initial offerings. 47 C.F.R. § 20.19(e)(1)(ii); see also Amendment of the
Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets
, Policy Statement and Second Report and
Order and Further Notice of Proposed Rulemaking, 25 FCC Rcd 11167, 11180-11189 paras. 35-59 (2010).
7 HTC Corporation, Hearing Aid Compatibility Status Report (filed Jan. 15, 2009) available at
http://fjallfoss.fcc.gov/ecfs/document/view?id=6520193732. " title="http://fjallfoss.fcc.gov/ecfs/document/view?id=6520193732. ">http://fjallfoss.fcc.gov/ecfs/document/view?id=6520193732. 
8 HTC Corporation, Hearing Aid Compatibility Status Report (filed July 15, 2009) available at
http://wireless.fcc.gov/hac_documents/090721/HTC%20Corporation_16.PDF" title="http://wireless.fcc.gov/hac_documents/090721/HTC%20Corporation_16.PDF">http://wireless.fcc.gov/hac_documents/090721/HTC%20Corporation_16.PDF.
9 HTC Corporation, Hearing Aid Compatibility Status Report (filed July 15, 2010) available at
http://wireless.fcc.gov/hac_documents/100720/HTC%20Corporation_22.PDF" title="http://wireless.fcc.gov/hac_documents/100720/HTC%20Corporation_22.PDF">http://wireless.fcc.gov/hac_documents/100720/HTC%20Corporation_22.PDF.
10 HTC Corporation, Hearing Aid Compatibility Status Report (filed July 14, 2011) available at
http://wireless.fcc.gov/hac_documents/110720/6229629_4.PDF" title="http://wireless.fcc.gov/hac_documents/110720/6229629_4.PDF">http://wireless.fcc.gov/hac_documents/110720/6229629_4.PDF.
11 See Letter from Amy Wolverton, Executive Director of Public Policy and Government Affairs, HTC America,
Inc., to John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (July 29, 2012) (on file
in EB-09-SE-149).
3

Federal Communications Commission

DA 12-1381

Bureau and HTC entered into tolling agreements to toll the statute of limitations,12 and negotiated the
terms of this Consent Decree.13

III.

TERMS OF AGREEMENT

4.

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.
5.

Jurisdiction

. HTC 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.
6.

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.
7.

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 the termination of the Investigation, HTC 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 the 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 HTC 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 HTC with respect to HTC’s basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
8.

Compliance Plan

. For purposes of settling the matters set forth herein, HTC agrees that
it shall within sixty (60) calendar days after the Effective Date, develop and implement a Compliance
Plan to help ensure future compliance with the Communications Laws, including the Hearing Aid
Compatibility Rules, and with the terms and conditions of this Consent Decree. The Compliance Plan
shall include, without limitation, the following components:


12 See, e.g., Tolling Agreement Extension, executed by and between John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau, and Amy Wolverton, Executive Director of Public Policy and
Government Affairs, HTC America, Inc. (July 20, 2012) (on file in EB-09-SE-149).
13 The Bureau analyzed HTC’s possible violations of Sections 20.19(c)(1) and 20.19(d)(1) of the Rules consistent
with the new base forfeiture calculation methodology set forth in the Commission’s recent T-Mobile decision (see
T-Mobile USA, Inc.
, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 4405 (2012)) and applied the statutory
factors set forth in Section 503(b)(2)(E) of the Act. We also took into consideration the fact that the Parties had
engaged in lengthy and productive settlement negotiations over the terms of this Consent Decree and were nearing
agreement prior to the release of the T-Mobile decision.
4

Federal Communications Commission

DA 12-1381

(a)

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, HTC
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 HTC 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 Consent
Decree, the Compliance Officer shall have specific knowledge of the Hearing Aid
Compatibility Rules prior to assuming his/her duties.
(b)

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, HTC shall establish Operating Procedures that all
Covered Employees must follow to help ensure HTC’s compliance with the Hearing
Aid Compatibility Rules. HTC’s Operating Procedures shall include internal
procedures and policies specifically designed to ensure that HTC offers the requisite
number or percentage of hearing aid-compatible digital wireless handset models as
required by the Hearing Aid Compatibility Rules. HTC 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 model 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 the Compliance Officer and those Covered
Employees responsible for the selection of digital wireless handset models to be
marketed for use in the United States or its territories to verify the hearing aid
compatibility rating of each existing and proposed handset offering using the
Commission’s equipment authorization database.
(c)

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 HTC’s compliance with the Hearing Aid Compatibility Rules. HTC shall
periodically review and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. HTC shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(d)

Compliance Training Program

. HTC 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 HTC’s obligation to report any noncompliance with
the Hearing Aid Compatibility Rules under paragraph 10 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. HTC 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.
5

Federal Communications Commission

DA 12-1381

9.

Outreach Program on Hearing Aid Compatibility

. As part of its efforts to comply
with the Hearing Aid Compatibility Rules and to consider the needs of the hearing disabled community
early in the product design process, HTC shall, within sixty (60) calendar days after the Effective Date,
establish and implement a comprehensive hearing aid compatibility outreach program to individuals with
hearing disabilities and to a wide range of organizations that represent the hearing disabled. The purpose
of the outreach program will be to gain insight into the mobile handset communications needs of
individuals with hearing disabilities and how HTC can address those needs in the design of its digital
wireless handset models. HTC shall conduct these hearing aid compatibility outreach efforts on at least a
quarterly basis during the term of this Consent Decree. HTC’s hearing aid compatibility outreach
program shall include outreach efforts such as focus groups, surveys, consultations, and other appropriate
contacts with disability group leaders, individuals with hearing disabilities and/or their representatives.
10.

Reporting Noncompliance

. HTC 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 HTC 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 HTC 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 Linda Nagel at Linda.Nagel@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
11.

Compliance Reports

. HTC 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 HTC’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
HTC, stating that the Compliance Officer has personal knowledge that HTC (i) has
established and implemented the Compliance Plan; (ii) has utilized the Operating
Procedures since the implementation of the Compliance Plan; (iii) has established
and implemented the outreach program described in paragraph 9 of this Consent
Decree; and (iv) 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 10 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
Rules14 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 HTC, 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 HTC 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 HTC has taken or will take to prevent the recurrence of


14 47 C.F.R. § 1.16.
6

Federal Communications Commission

DA 12-1381

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 Linda
Nagel at Linda.Nagel@fcc.gov and to Pamera Hairston at Pamera.Hairston@fcc.gov.
12.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 8 through
11 of the Consent Decree shall expire twenty-four (24) months after the Effective Date.
13.

Voluntary Contribution

. HTC agrees that it will make a voluntary contribution to the
United States Treasury in the amount of five hundred and fifteen thousand dollars ($515,000) within
thirty (30) calendar days after the Effective Date. HTC shall also send electronic notification of payment
to Linda Nagel at Linda.Nagel@fcc.gov, Pamera Hairston at Pamera.Hariston@fcc.gov, and Samantha
Peoples at Sam.Peoples@fcc.gov on the date said payment is made. The payment must be made by check
or similar instrument, wire transfer, or credit card, and must include the NAL/Account number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice)
must be submitted.15 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). Below
are additional instructions you should follow based on the form of payment you select:
Ÿ
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
Ÿ
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.
Ÿ
Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If you have questions regarding payment procedures, please contact the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
14.

Waivers

. HTC 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. HTC
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 HTC nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and HTC shall waive any statutory right to a


15 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf" title="http://www.fcc.gov/Forms/Form159/159.pdf">http://www.fcc.gov/Forms/Form159/159.pdf.
7

Federal Communications Commission

DA 12-1381

trial de novo. HTC hereby agrees to waive any claims it may have under the Equal Access to Justice
Act16 relating to the matters addressed in this Consent Decree.
15.

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.
16.

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 HTC does not expressly consent)
that provision will be superseded by such Rule or Commission order.
17.

Successors and Assigns

. HTC agrees that the provisions of this Consent Decree shall be
binding on its successors, assigns, and transferees.
18.

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.
19.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
20.

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.
21.

Authorized Representative

. The individual signing this Consent Decree on behalf of
HTC represents and warrants that he is authorized by HTC to execute this Consent Decree and to bind
HTC to the obligations set forth herein. The FCC signatory represents that she is signing this Consent
Decree in her official capacity and that she is authorized to execute this Consent Decree.


16 Equal Access to Justice Act, Pub L. No 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also 47
C.F.R. §§ 1.1501-1.1530.
8

Federal Communications Commission

DA 12-1381

22.

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.
_______________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Brooks Larsen
Vice President & Associate General Counsel
HTC America, Inc.,
on behalf of and as authorized by HTC America,
Inc. and HTC Corporation
________________________________
Date
9

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, , or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.