Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Airadigm Pays $260K in HAC Probe; Robust Compliance Plan Required

Download Options

Released: June 21, 2013

Federal Communications Commission

DA 13-1346

Before the

Federal Communications Commission

Washington, DC 20554

)
File Nos.: EB-11-SE-045;
In the Matter of
)
EB-SED-12-00003753
)
Airadigm Communications, Inc.
)
Acct. No.: 201232100010
dba Airfire Mobile
)
)
FRN: 0002701688

ORDER

Adopted: June 21, 2013

Released: June 21, 2013

By the Acting 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 (Commission) and
Airadigm Communications, Inc. dba Airfire Mobile (Airadigm). The Consent Decree resolves
and terminates the Bureau's investigations into possible violations of Sections 20.19(c)(3) and
20.19(d)(3) of the Commission's rules (Rules)1 pertaining to the deployment of digital wireless
hearing aid-compatible handsets.
2.
The Bureau and Airadigm have negotiated the Consent Decree that resolves these
matters. 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 investigations.

4.
In the absence of material new evidence relating to these matters, we conclude
that our investigations raise no substantial or material questions of fact as to whether Airadigm
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), 4(j), and 503(b)
of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3
the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigations

ARE

TERMINATED

.


1 47 C.F.R. 20.19(c)(3), (d)(3).
2 47 U.S.C. 154(i), 154(j), 503(b).
3 47 C.F.R. 0.111, 0.311.

Federal Communications Commission

DA 13-1346

7.

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 Galle, Chief
Executive Officer, Airadigm Communications, Inc. dba Airfire Mobile, 2301Kelbe Drive, P.O.
Box 206, Little Chute, WI 54140-1201, and to Todd Slamowitz, Esq., Lukas, Nace, Gutierrez &
Sachs, LLP, Counsel for Airadigm Communications, Inc. dba Airfire Mobile, 8300 Greensboro
Drive, Suite 1200, McLean, VA 22102.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-1346

Before the

Federal Communications Commission

Washington, DC 20554

)
File Nos.: EB-11-SE-045;
In the Matter of
)
EB-SED-12-00003753
)
Airadigm Communications, Inc.
)
Acct. No.: 201232100010
dba Airfire Mobile
)
)
FRN: 0002701688

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Airadigm
Communications, Inc. dba Airfire Mobile, by their authorized representatives, hereby enter into
this Consent Decree for the purpose of terminating the Enforcement Bureau's investigations into
possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Commission's rules1 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.
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) "Airadigm" means Airadigm Communications, Inc. dba Airfire Mobile and
its predecessors-in-interest and successors-in-interest.
(d) "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
(e) "Commission" and "FCC" mean the Federal Communications Commission
and all of its bureaus and offices.
(f) "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Airadigm is subject by virtue of its business activities, including but
not limited to, the Hearing Aid Compatibility Rules.
(g) "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 11.


1 47 C.F.R. 20.19(c)(3), (d)(3).

Federal Communications Commission

DA 13-1346

(h) "Covered Employees" means all employees and agents of Airadigm who
perform, or supervise, oversee, or manage the performance of, duties that
relate to Airadigm's responsibilities under the Hearing Aid Compatibility
Rules.
(i) "Effective Date" means the date on which the Bureau releases the Adopting
Order.
(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) "Investigations" means (1) the investigation commenced by the Bureau
pertaining to Airadigm's deployment of digital wireless hearing-aid-
compatible handsets during calendar year 2010, which culminated in the
issuance of the NAL; and (2) the investigation commenced by the Bureau's
August 28, 2012 letter of inquiry2 regarding Airadigm's deployment of
digital wireless hearing aid-compatible handsets during calendar year 2011.
(l) "NAL" means the Notice of Apparent Liability and Admonishment issued to
Airadigm on December 23, 2011, which proposed a forfeiture in the amount
of $30,000 for Airadigm's apparent willful and repeated violation of
Sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules, and which
admonished Airadigm for its earlier violation of Section 20.19(c)(3)(ii).3
(m) "Operating Procedures" means the standard, internal operating procedures
and compliance policies established by Airadigm to implement the
Compliance Plan.
(n) "Parties" means Airadigm 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.4 The Commission established technical standards for radio frequency


2 Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Robert Galle, Chief Executive Officer, Airadigm Communications, Inc. dba Airfire Mobile (Aug. 28, 2012)
(on file in EB-SED-12-00003753).
3 Airadigm Communications Inc. dba Airfire Wireless, Notice of Apparent Liability for Forfeiture and
Admonishment, 26 FCC Rcd 16914 (Enf. Bur. 2011).
4 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 Communications Act of
1934, as amended (Act), 47 U.S.C. 610(b)(2)(C). See Section 68.4(a) of the Commission's Rules
2

Federal Communications Commission

DA 13-1346

interference (the M rating) and inductive coupling (the T rating)5 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 interface6 that are compliant
with the relevant standard.7 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 compatible handset deployment benchmarks beginning in
2008.8
3.
On January 17, 2011, Airadigm submitted its annual hearing aid compatibility
status report for the January 1, 2010 to December 31, 2010 reporting period.9 The Commission's
Wireless Telecommunications Bureau (Wireless Bureau) subsequently referred Airadigm's
apparent hearing aid-compatible handset deployment violations during the January 1, 2010 to
December 31, 2010 reporting period to the Bureau's Spectrum Enforcement Division (Division)
for investigation and possible enforcement action. On December 23, 2011, the Bureau issued the




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).
5 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. 47 C.F.R. 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) of the Rules 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 (WTB/OET 2012).
6 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).
7 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. 20.19(c), (d).
8 See Amendment of the Commission's Rules Governing Hearing Aid-Compatible Mobile Handsets, First
Report and Order, 23 FCC Rcd 3406 (2008) (Hearing Aid Compatibility First Report and Order), Order on
Reconsideration and Erratum, 23 FCC Rcd 7249 (2008).
9 See Airadigm Communications, Inc. Hearing Aid Compatibility Status Report (filed Jan. 17, 2011),
available at http://wireless.fcc.gov/hac_documents/110210/5947902_278.PDF.
3

Federal Communications Commission

DA 13-1346

NAL to Airadigm.10 On January 23, 2012, Airadigm filed a response to the NAL requesting that
the proposed forfeiture be reduced or canceled.11

4.
On January 17, 2012, Airadigm submitted its annual hearing aid compatibility
status report for the January 1, 2011 to December 31, 2011 reporting period.12 The Wireless
Bureau subsequently referred Airadigm's apparent hearing aid-compatible handset deployment
violations during the January 1, 2011 to December 31, 2011 reporting period to the Division for
investigation and possible enforcement action. On August 28, 2012, the Division issued a letter
of inquiry (LOI) to Airadigm, which directed the company to submit a sworn written response to
a series of questions related to its compliance with the Hearing Aid Compatibility Rules.13
5.
Airadigm responded to the LOI on September 17, 2012.14 In its LOI Response,
Airadigm claimed that during the 2011 reporting period, it relied on inaccurate hearing aid
compatibility ratings information provided by its third party vendor.15 The Bureau and Airadigm
entered into a tolling agreement to toll the statute of limitations.16

III.

TERMS OF AGREEMENT

6.

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.
7.

Jurisdiction

. Airadigm 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.
8.

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.


10 See supra note 3.
11 Airadigm Communications, Inc. dba Airfire Mobile, Response to Notice of Apparent Liability for
Forfeiture (Jan. 23, 2012) (on file in EB-11-SE-045).
12 See Airadigm Communications, Inc. Hearing Aid Compatibility Report, (Jan. 17, 2012) available at
http://wireless.fcc.gov/hac_documents/120307/6565414_251.PDF.
13 See supra note 2.
14 See Letter from Todd Slamowitz, Esq., Lukas, Nace, Gutierrez & Sachs, LLP, Counsel for Airadigm
Communications, Inc. dba Airfire Mobile, to Marlene H. Dortch, Secretary, Federal Communications
Commission (Sept. 17, 2012) (on file in EB-SED-00003753) (LOI Response).
15 Id. at 3.
16 See Tolling Agreement, File No. EB-SED-12-00003753, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Robert Galle, Chief Executive
Officer, Airadigm Communications, Inc. dba Airfire Mobile (Aug. 28, 2012).
4

Federal Communications Commission

DA 13-1346

9.

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 Investigations. In consideration for the termination of the
Investigations, Airadigm 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 these Investigations 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 Airadigm concerning the matters that were the subject of the
Investigations. The Bureau also agrees that in the absence of new material evidence it will not
use the facts developed in the Investigations 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 Airadigm with respect to Airadigm's basic qualifications,
including its character qualifications, to be a Commission licensee or to hold Commission
licenses or authorizations.
10.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date,
Airadigm 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 Compliance Officer shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that Airadigm 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.
11.

Compliance Plan

. For purposes of settling the matters set forth herein,
Airadigm 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, Airadigm shall implement the following procedures:
(a)

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60)
calendar days after the Effective Date, Airadigm shall establish Operating
Procedures that all Covered Employees must follow to help ensure
Airadigm's compliance with the Hearing Aid Compatibility Rules.
Airadigm's Operating Procedures shall include internal procedures and
policies specifically designed to ensure that Airadigm offers the requisite
number or percentage of hearing aid-compatible digital wireless handset
models to consumers as required by the Hearing Aid Compatibility Rules.
Airadigm 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 Covered Employees to verify the hearing
aid compatibility rating of each existing and proposed handset model
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
5

Federal Communications Commission

DA 13-1346

the Hearing Aid Compatibility Rules and set forth the Operating Procedures
that Covered Employees shall follow to help ensure Airadigm's compliance
with the Hearing Aid Compatibility Rules. Airadigm shall periodically
review and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. Airadigm shall
distribute any revisions to the Compliance Manual promptly to all Covered
Employees.
(c)

Compliance Training Program

. Airadigm 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
Airadigm's obligation to report any noncompliance with the Hearing Aid
Compatibility Rules under paragraph 12 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. Airadigm 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.
12.

Reporting Noncompliance

. Airadigm 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 Airadigm 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 Airadigm 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, DC 20554, with a copy submitted electronically to
Kathy Harvey at Kathy.Harvey@fcc.gov and to Pamera Hairston at Pamera.Hairston@fcc.gov.
13.

Compliance Reports

. Airadigm shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve (12) months after the
Effective Date, twenty-four (24) months after the Effective Date, and thirty-six (36) months after
the Effective Date.
(a) Each Compliance Report shall include a detailed description of Airadigm'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 Airadigm, stating that the
Compliance Officer has personal knowledge that Airadigm (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 12 hereof.
6

Federal Communications Commission

DA 13-1346

(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 Rules17 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 Airadigm, 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 Airadigm
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
Airadigm 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, DC 20554, with a copy
submitted electronically to Kathy Harvey at Kathy.Harvey@fcc.gov and to
Pamera Hairston at Pamera.Hairston@fcc.gov.
14.

Termination Date

. The obligations set forth in paragraphs 10 through 13 of this
Consent Decree shall expire thirty-six (36) months after the Effective Date.
15.

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 Airadigm 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
Airadigm with the Communications Laws.
16.

Voluntary Contribution

. Airadigm agrees that it will make a voluntary
contribution to the United States Treasury in the amount of two hundred and sixty thousand
dollars ($260,000) (Voluntary Contribution) within ninety (90) calendar days after the Effective
Date. Airadigm acknowledges and agrees that upon execution of this Consent Decree, the
voluntary contribution shall become a "Claim" or "Debt" as defined in 31 U.S.C. 3701(b)(1).18
Upon an Event of Default (as defined below), all procedures for collection as permitted by law
may, at the Commission's discretion, be initiated. Airadigm shall also send electronic
notification of payment to Kathy Harvey at Kathy.Harvey@fcc.gov, Pamera Hairston at
Pamera.Hairston@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.19


17 47 C.F.R. 1.16.
18 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
19 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

Federal Communications Commission

DA 13-1346

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:
Y
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.
Y
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.
Y
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.
17.

Event of Default

. Airadigm agrees that an Event of Default shall occur upon the
failure by Airadigm to pay the full amount of the Voluntary Contribution on or before the due
date specified in this Consent Decree.
18.

Interest, Charges for Collection, and Acceleration of Maturity Date

. After
an Event of Default has occurred under this Consent Decree, the then unpaid amount of the
Voluntary Contribution shall accrue interest, computed using the rate of the U.S. Prime Rate in
effect on the date of the Event of Default plus 4.75 percent, from the date of the Event of Default
until payment in full. Upon an Event of Default, the then unpaid amount of the Voluntary
Contribution, together with interest, as aforesaid, any penalties permitted and/or required by the
law, including but not limited to 31 U.S.C. 3717 and administrative charge(s), plus the costs of
collection, litigation, and attorneys' fees, shall become immediately due and payable, without
notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by
Airadigm.
19.

Waivers

. Airadigm 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. Airadigm 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 Airadigm nor the Commission shall contest the validity of the Consent Decree or of the
Adopting Order, and Airadigm shall waive any statutory right to a trial de novo. Airadigm hereby
8

Federal Communications Commission

DA 13-1346

agrees to waive any claims it may have under the Equal Access to Justice Act20 relating to the
matters addressed in this Consent Decree.
20.

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.
21.

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 Airadigm does
not expressly consent) that provision will be superseded by such Rule or Commission order.
22.

Successors and Assigns

. Airadigm agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
23.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree
shall constitute a final settlement between the Parties with respect to these Investigations. 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.
24.

Modifications

. This Consent Decree cannot be modified without the advance
written consent of both Parties.
25.

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.
26.

Authorized Representative

. The individual signing this Consent Decree on
behalf of Airadigm represents and warrants that he is authorized by Airadigm to execute this
Consent Decree and to bind Airadigm 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.


20 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.
9

Federal Communications Commission

DA 13-1346

27.

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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
Robert Galle
Chief Executive Officer
Airadigm Communications, Inc. dba Airfire Mobile
________________________________
Date
10

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, Word Document, 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.