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Cordova to Pay $35,000 and Implement 3-Yr Compliance Plan in HAC Case

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Released: September 13, 2013
Federal Communications Commission

DA 13-1857

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-SED-13-000092391
)
Cordova Wireless Communications, LLC
)
Acct. No.: 201332100013
)
)
FRN: 0004333589
)

ORDER

Adopted: September 13, 2013

Released: September 13, 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 Cordova
Wireless Communications, LLC (Cordova). The Consent Decree resolves and terminates the Bureau's
investigation into Cordova's possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the
Commission's rules2 (Rules) pertaining to the deployment of digital wireless hearing aid-compatible
handset models.
2.
The Bureau and Cordova have negotiated the Consent Decree that resolves this matter. 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
investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial material questions of fact as to whether Cordova 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,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent
Decree attached to this Order

IS ADOPTED

.

1 The investigation initiated under File No. EB-11-SE-048 was subsequently assigned File No. EB-SED-13-
00009239.
2 47 C.F.R. 20.19(c)(3), (d)(3).
3 47 U.S.C. 154(i), 154(j), 503(b).
4 47 C.F.R. 0.111, 0.311.

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6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.
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 Paul Kelly, General Manager and
Chief Executive Officer, Cordova Wireless Communications, LLC, P.O. Box 438, 621 2nd Street,
Cordova, AK 99574, and to Michael Bennet, Esq., Bennet & Bennet, PLLC, Counsel for Cordova
Wireless Communications, LLC, 6124 MacArthur Boulevard, Bethesda, MD 20816.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-1857

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-SED-13-000092391
)
Cordova Wireless Communications, LLC
)
Acct. No.: 201332100013
)
)
FRN: 0004333589

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Cordova Wireless
Communications, LLC (formerly, Cordova Wireless Communications, Inc.),2 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)(3) and 20.19(d)(3) of the
Commission's rules3 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) "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 Cordova is
subject by virtue of its business activities, including but not limited to, the Hearing
Aid Compatibility Rules.

1 The investigation initiated under File No. EB-11-SE-048 was subsequently assigned File No. EB-SED-13-
00009239. Any future correspondence with the FCC concerning this matter should reflect the new case number.
2 This investigation was initiated against Cordova Wireless Communications, Inc. Effective February 13, 2013,
Cordova Wireless Communications, Inc. became a limited liability company under the name Cordova Wireless
Communications, LLC. See ULS File No. 0005817142, filed by Cordova Wireless Communications, Inc.
(Assignor) and Cordova Wireless Communications, LLC (Assignee) (filed June 12, 2013) (providing notification of
the consummation of the pro forma assignment of the licenses held by Cordova Wireless Communications, Inc. to
Cordova Wireless Communications, LLC, effective February 13, 2013).
3 47 C.F.R. 20.19(c)(3), (d)(3).

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(f) "Compliance Plan" means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 9.
(g) "Cordova" means Cordova Wireless Communications, LLC and its predecessors-in-
interest and successors-in-interest.
(h) "Covered Employees" means all employees and agents of Cordova who perform, or
supervise, oversee, or manage the performance of, duties that relate to Cordova'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) "Investigation" means the investigation commenced by the Bureau's October 6,
2011 letter of inquiry4 regarding Cordova's compliance with the Hearing Aid
Compatibility Rules.
(l) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by Cordova to implement the Compliance Plan.
(m) "Parties" means Cordova 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.5 The
Commission established technical standards for radio frequency interference (the M rating) and inductive
coupling (the T rating)6 that digital wireless handsets must meet to be considered compatible with hearing

4 See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Michael Bennet, Esq., Bennet & Bennet, PLLC, Counsel for Cordova Wireless Communications, Inc. (Oct. 6, 2011)
(on file in EB-SED-13-00009239).
5 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 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).
6 As subsequently amended, Section 20.19(b)(1) of the Rules 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
2

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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 must offer specified numbers or percentages of digital wireless handsets per air interface7 that
are compliant with the relevant standard.8 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 that became
effective beginning in 2008.9
3.
On January 12, 2011, Cordova submitted its annual hearing aid compatibility status
report for the January 1, 2010 to December 31, 2010 reporting period.10 Based on its review of that
report, the Wireless Telecommunications Bureau subsequently referred Cordova's apparent hearing aid-
compatible handset deployment violations to the Bureau for investigation and possible enforcement
action. On October 6, 2011, the Bureau's Spectrum Enforcement Division (Division) issued the letter of
inquiry (LOI) to Cordova,11 directing the company to submit a sworn written response to a series of
questions related to Cordova's compliance with the hearing aid-compatible handset deployment
requirements set forth in Section 20.19 of the Rules. Cordova responded to the LOI on November 7,
2011.12 In its LOI Response, Cordova states that it ascertained the hearing aid compatibility rating of the
handset models it offers from the handset's packaging and from the secondary market vendor that
supplies Cordova's handsets.13 According to Cordova, since its receipt of the LOI, the company has
modified its procedures for monitoring and reporting Cordova's compliance with the hearing aid-
compatible handset deployment requirements, and is working with counsel to help ensure future
compliance with such requirements.14 Cordova also provided detailed documentation relating to its

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. 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) 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).
7 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).
8 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. 20.19(c), (d).
9 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).
10 Cordova Wireless Communications, Inc. Hearing Aid Compatibility Status Report (filed Jan. 12, 2011), available
at
http://wireless.fcc.gov/hac_documents/110210/5938035_163.PDF.
11 See supra note 4.
12 Letter from Michael R. Bennet, Esq., Bennet & Bennet, PLLC, Counsel for Cordova Wireless Communications,
Inc., to John D. Poutasse, Acting Chief, and Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division, FCC
Enforcement Bureau (Nov. 7, 2011) (on file in EB-SED-13-00009239) (LOI Response).
13 Id. at 4.
14 Id. at 4-5.
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financial status.15 The Bureau and Cordova entered into tolling agreements to toll the statute of
limitations,16 and negotiated the terms of this Consent Decree.17

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

. Cordova 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 terminating the Investigation, Cordova 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, 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 Cordova 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 Cordova with respect to Cordova's basic qualifications, including its character
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
8.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, Cordova
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 Cordova complies with the terms and conditions of the Compliance Plan and this

15 See E-mail from Michael R. Bennet, Esq., Bennet & Bennet, PLLC, Counsel for Cordova Wireless
Communications, Inc., to Kathy Harvey, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement
Bureau (May 31, 2012) (on file in EB-SED-13-00009239).
16 See, e.g., Tolling Agreement Extension, executed by and between John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau, and Paul Kelly, Chief Executive Officer, Cordova Wireless
Communications, Inc. (Apr. 30, 2013) (on file in EB-SED-13-00009239).
17 The Bureau analyzed Cordova's possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Rules
consistent with the 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, 47 U.S.C. 503(b)(2)(E). We carefully considered the
nature and circumstances of the violation as well as Cordova's ability to pay.
4

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Consent Decree. In addition to the general knowledge of the Communications Laws necessary to
discharge his/her duties under this Agreement, the Compliance Officer shall have specific knowledge of
the Hearing Aid Compatibility Rules prior to assuming his/her duties.
9.

Compliance Plan

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

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, Cordova shall establish Operating Procedures that all
Covered Employees must follow to help ensure Cordova's compliance with the
Hearing Aid Compatibility Rules. Cordova's Operating Procedures shall include
internal procedures and policies specifically designed to ensure that Cordova offers
the requisite number or percentage of hearing aid-compatible digital wireless handset
models to consumers as required by the Hearing Aid Compatibility Rules, and
accurately reports its handset offerings in its annual hearing aid compatibility status
reports. Cordova 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 the Hearing Aid Compatibility
Rules and set forth the Operating Procedures that Covered Employees shall follow to
help ensure Cordova's compliance with the Hearing Aid Compatibility Rules.
Cordova shall periodically review and revise the Compliance Manual as necessary to
ensure that the information set forth therein remains current and complete. Cordova
shall distribute any revisions to the Compliance Manual promptly to all Covered
Employees.
(c)

Compliance Training Program

. Cordova 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 Cordova'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. Cordova 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

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10.

Reporting Noncompliance

. Cordova shall report any future 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 Cordova 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 Cordova 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.
11.

Compliance Reports

. Cordova 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 Cordova'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 Cordova, stating that the Compliance Officer has personal knowledge that
Cordova (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 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
Rules18 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 Cordova, 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 Cordova 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 Cordova 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.
12.

Termination Date

. Unless stated otherwise, the obligations set forth in paragraphs 8
through 11 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.

18 47 C.F.R. 1.16.
6

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13.

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 Cordova 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 Cordova with the Communications
Laws.
14.

Voluntary Contribution

. Cordova agrees that it will make a voluntary contribution to
the United States Treasury in the amount of thirty five thousand dollars ($35,000) (Voluntary
Contribution), such Voluntary Contribution to be made in three installments (each, an Installment
Payment). The first Installment Payment in the amount of eleven thousand six hundred and sixty-seven
dollars ($11,667) is due within thirty (30) calendar days after the Effective Date. The second Installment
Payment in the amount of eleven thousand six hundred and sixty-seven dollars ($11,667) is due on or
before January 17, 2014. The third and final Installment Payment in the amount of eleven thousand six
hundred and sixty-six dollars ($11,666) is due on or before April 18, 2014. Cordova shall make the first
and all subsequent Installment Payments in United States Dollars without further demand or notice by the
dates specified above. Cordova acknowledges and agrees that upon execution of this Consent Decree the
Voluntary Contribution and each Installment Payment shall become a "Claim" or "Debt" as defined in 31
U.S.C. 3701(b)(1). Upon an Event of Default (as defined below), all procedures for collection as
permitted by law may, at the Commission's discretion, be initiated. Cordova shall also send electronic
notification of each Installment Payment on the date said payment is made to Kathy Harvey at
Kathy.Harvey@fcc.gov, Pamera Hairston at Pamera.Hairston@fcc.gov, and Samantha Peoples at
Sam.Peoples@fcc.gov. 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 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:

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.

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.

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.

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

Event of Default

. Cordova agrees that an Event of Default shall occur upon the failure
by Cordova to pay the full amount of any Installment Payment on or before the due dates specified in this
Consent Decree.
16.

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 interest and penalties
permitted under 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 Cordova.
17.

Waivers

. Cordova 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. Cordova 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 Cordova nor the Commission shall
contest the validity of the Consent Decree or of the Adopting Order, and Cordova shall waive any
statutory right to a trial de novo. Cordova hereby agrees to waive any claims it may have under the Equal
Access to Justice Act20 relating to the matters addressed in this Consent Decree.
18.

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.
19.

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 Cordova does not expressly
consent) that provision will be superseded by such Rule or Commission order.
20.

Successors and Assigns

. Cordova agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
21.

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.
22.

Modifications

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

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.
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23.

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.
24.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Cordova represents and warrants that he is authorized by Cordova to execute this Consent Decree and to
bind Cordova 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.
25.

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
________________________________
Paul Kelly
General Manager and Chief Executive Officer
Cordova Wireless Communications, LLC
______________________________
Date
9

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