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East Buchanan Telephone Cooperative

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Released: May 9, 2014

Federal Communications Commission

DA 14-625

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

East Buchanan Telephone Cooperative
)
File No.: EB-SED-13-000089061
)
)

NAL/Acct. No.: 201132100011
)
)

FRN: 0002557627

ORDER

Adopted: May 9, 2014

Released: May 9, 2014

By the Acting Chief, Enforcement Bureau:
1.
Based on our review of the record, including the information that East Buchanan
Telephone Cooperative (East Buchanan) provided in response to the Notice of Apparent Liability for
Forfeiture
(NAL) in this proceeding, we find that no forfeiture penalty should be imposed on East
Buchanan for potential noncompliance with the Commission’s hearing aid compatibility rules. The
Commission adopted these rules to enhance the ability of consumers with hearing loss to access digital
wireless telecommunications.
2.
On November 29, 2010, the Enforcement Bureau (Bureau) issued the NAL to East
Buchanan and proposed a $45,000 forfeiture for its apparent failure to provide the requisite number of
hearing aid compatible handsets in 2009 based on the hearing aid compatibility status report it filed on
January 11, 2010.2 In the NAL, the Bureau provided East Buchanan an opportunity to show, in writing,
why either no forfeiture or a lower forfeiture should be imposed. On December 29, 2010, East Buchanan
filed a response to the NAL and explains that inadvertent errors in its hearing aid compatibility status
report for the 2009 reporting period “gave the appearance” that the company had not complied with the
hearing aid-compatible handset deployment requirements.3 East Buchanan avers that a corrected status
report (submitted with its NAL Response) demonstrates that it complied with the hearing aid compatible
handset requirements in 2009.4 Based on the corrected status report, we agree that East Buchanan
apparently complied with such requirements in 2009.5 Thus, we find that no forfeiture should be
imposed.

1 The investigation initiated under File No. EB-10-SE-110 was subsequently assigned File No. EB-SED-13-
00008906. Any future correspondence with the Commission concerning this matter should refer to the new case
number.
2 See East Buchanan Telephone Cooperative, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 16282 (Enf.
Bur. 2010). See also 47 C.F.R. § 20.19(c)(3)(ii), (d)(3)(ii). The NAL includes a more complete recitation of the
facts of this case and is incorporated herein by reference.
3 Response to Notice of Apparent Liability for Forfeiture (Dec. 29, 2010) (on file in EB-SED-13-00008906) (NAL
Response).
4 See id. at 6–7.
5 We remind every filer that it must accurately report its handset offerings in its annual status reports. Inaccurate or
incomplete reports hamper the Commission’s ability to monitor the deployment of hearing aid-compatible handsets
(continued….)

Federal Communications Commission

DA 14-625

3.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i) and 504(b) of the
Communications Act of 1934, as amended,6 and Sections 0.111, 0.311, and 1.80 of the Commission’s
rules,7 the proposed forfeiture in the NAL issued to East Buchanan Telephone Cooperative on November
29, 2010,

WILL NOT BE IMPOSED

.
4.

IT IS FURTHER ORDERED

that a copy of this Order shall be sent by first class mail
and certified mail return receipt requested to East Buchanan Telephone Cooperative and its counsel of
record.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Acting Chief
Enforcement Bureau
(Continued from previous page)
and impede compliance with the hearing aid compatibility rules. The Commission will consider taking separate
enforcement action to address the filing of inaccurate or incomplete reports if this problem persists.
6 47 U.S.C. §§ 154(i), 504(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
2

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