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Released: April 11, 2014

Federal Communications Commission

DA 14-403

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-SED-12-00005491
)
Kyocera Communications, Inc.;
)
NAL/Acct. No.: 201332100003
Kyocera Corporation
)
)
FRNs: 0004265831, 0017617366

ORDER

Adopted: April 11, 2014

Released: April 11, 2014

By the Deputy Chief, Enforcement Bureau:
1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has entered into a Consent Decree to conclude its investigation into whether Kyocera
Communications, Inc. (Kyocera) timely filed its digital wireless handset hearing aid compatibility status
report due July 16, 2012. The Bureau’s investigation revealed that Kyocera did not do so. The
Commission’s hearing aid compatibility rules serve to ensure that consumers with hearing loss have
access to advanced telecommunications services. In the attached Consent Decree, Kyocera will
implement a three-year plan to ensure future compliance with these important requirements.
2.
The Bureau and Kyocera 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 into Kyocera’s compliance with the digital wireless handset hearing aid compatibility status
report filing requirements set forth in Section 20.19(i)(1) of the Commission’s rules (Rules).1 .
4.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether Kyocera 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
Act,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order

IS
ADOPTED

.


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

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DA 14-403

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 Yasuhiro Oishi, President, Kyocera
Communications, Inc., 9520 Towne Centre Drive, San Diego, CA 92121, and to Mitchell Lazarus, Esq.,
Fletcher, Heald & Hildreth PLC., Counsel for Kyocera, 1300 North 17th St., 11th Floor, Arlington, VA
22209.
FEDERAL COMMUNICATIONS COMMISSION
David B. Kolker
Deputy Chief, Enforcement Bureau
2

Federal Communications Commission

DA 14-403

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-SED-12-00005491
)
Kyocera Communications, Inc.;
)
NAL/Acct. No.: 201332100003
Kyocera Corporation
)
)
FRNs: 0004265831, 0017617366

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Kyocera
Communications, Inc.,1 by their authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Bureau’s investigation into an apparent violation of Section 20.19(i)(1) of the
Commission’s rules2 pertaining to the digital wireless handset hearing aid compatibility status report
filing requirements.

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 Kyocera
Communications 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, program, and procedures
described in this Consent Decree at paragraph 10.
(g) “Covered Employees” means all employees and agents of Kyocera Communications
who perform, or supervise, oversee, or manage the performance of duties that relate


1 Kyocera Communications, Inc. is an indirect subsidiary of Kyocera Corporation. See Kyocera Corporation,
Corporate Profile, http://global.kyocera.com/company/download/pdf/all_en.pdf (last visited Apr. 12, 2013).
Kyocera Corporation manufactures mobile telephones and other electronic devices. Id. Kyocera Communications,
Inc. “is the sales, marketing and service headquarters for Kyocera - and Sanyo-branded wireless products and
accessories in the Americas.” Kyocera Communications, Inc., Kyocera Corporate Overview, http://www.kyocera-
wireless.com/company-information/overview.htm (last visited Apr. 12, 2013).
2 47 C.F.R. § 20.19(i)(1).

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DA 14-403

to Kyocera Communications’s responsibilities under the Hearing Aid Compatibility
Rules.
(h) “Kyocera Communications” means Kyocera Communications, Inc. and its
predecessors-in-interest and successors-in-interest.
(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, the
marketing or distribution of such handsets to consumers in the United States, and the
annual filing of hearing aid compatibility status reports.
(k) “Investigation” means the Investigation commenced by the Bureau upon a referral
from the Commission’s Wireless Telecommunications Bureau concerning Kyocera
Communications’s apparent failure to file a hearing aid compatibility status report
for the July 1, 2011, through June 30, 2012, reporting period, which culminated in
the issuance of the Notice of Apparent Liability for Forfeiture.
(l) “Notice of Apparent Liability for Forfeiture” or “NAL” means Kyocera
Communications, Inc., Kyocera Corporation, Notice of Apparent Liability for
Forfeiture, 28 FCC Rcd 5987 (Enf. Bur. rel. May 1, 2013).
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Kyocera Communications to implement the
Compliance Plan.
(n) “Parties” means Kyocera Communications 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.3
The Commission established technical standards for radio frequency interference (the M rating) and
inductive coupling (the T rating)4 that digital wireless handsets must meet to be considered compatible


3 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).
4 As subsequently amended, Section 20.19(b)(1) of the Rules provided 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
2

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DA 14-403

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 interface5 that are compliant with the relevant standard.6 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 2008.7
3.
The Commission also adopted reporting requirements to ensure that it could monitor the
availability of hearing aid-compatible handsets and to provide valuable information to the public
concerning the technical testing and commercial availability of these handsets.8 The Commission initially
required manufacturers and digital wireless service providers to report every six months on efforts toward
compliance with the hearing aid compatibility requirements for the first three years of implementation,
and then annually thereafter through the fifth year of implementation.9 In its 2008 Hearing Aid
Compatibility First Report and Order
, the Commission extended these reporting requirements with
certain modifications on an open-ended basis.10
4.
Kyocera Communications failed to timely file its hearing aid compatibility status report
for the period July 1, 2011, through June 30, 2012. The required report was due to be filed on July 16,




(June 8, 2007). Beginning January 1, 2010, a newly certified handset had to 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) provided that, for the period beginning June 6, 2008, and ending December 31, 2009, a newly
certified wireless handset was deemed hearing aid-compatible for inductive coupling if, at minimum, it met 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 was deemed hearing aid-compatible for inductive coupling if it met 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 remained valid for hearing aid compatibility purposes. A recently adopted further amendment to
Section 20.19(b) of the Rules permits 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).
5 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).
6 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. § 20.19(c), (d).
7 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).
8 See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at 3443, para. 91; see also 47 C.F.R.
§ 20.19(i).
9 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16787, para. 89; see also Wireless Telecommunications
Bureau Announces Hearing Aid Compatibility Reporting Dates for Wireless Carriers and Handset Manufacturers
,
Public Notice, 19 FCC Rcd 4097 (Wireless Tel. Bur. 2004).
10 See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3444–46, paras. 97–99, 101. The extensions of
these reporting requirements became effective on December 13, 2011. See 76 Fed. Reg. 77,415 (Dec. 13, 2011).
The Commission also made clear that these reporting requirements apply to manufacturers and service providers that
meet the de minimis exception. See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3446, para. 99.
3

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DA 14-403

2012.11 Staff from the Commission’s Wireless Telecommunications Bureau (Wireless Bureau) notified
Kyocera Communications of its failure to file the status report on July 24, 2012. The Wireless Bureau
reopened the filing window on September 10, 2012, at which time Kyocera Communications filed its
status report for the reporting period ending June 30, 2012.12 The Wireless Bureau subsequently referred
this matter to the Bureau for investigation and possible enforcement action. On May 1, 2013, the
Bureau’s Spectrum Enforcement Division issued the NAL against Kyocera Communications and Kyocera
Corporation for their apparent willful and repeated violation of Section 20.19(i)(1) of the Rules by
apparently failing to timely file the required hearing aid compatibility status report by July 16, 2012.13

III.

TERMS OF AGREEMENT

5.

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.
6.

Jurisdiction

. Kyocera Communications 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.
7.

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.
8.

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, Kyocera Communications
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 Kyocera
Communications 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 Kyocera Communications
with respect to Kyocera Communications’ basic qualifications, including its character qualifications, to be
a Commission licensee or to hold Commission licenses or authorizations.


11 Manufacturers are required to file their hearing aid compatibility status reports on July 15th of each year. See 47
C.F.R. § 20.19(i)(1). However, because July 15, 2012 fell on a Sunday, the report was due the next business day,
July 16, 2012. See id. § 1.4(e)(1) (defining “holiday” to include Sunday); Id. § 1.4(j) (when a deadline falls on a
holiday, the deadline is extended until the next business day); see also Hearing Aid Compatibility Status Reporting,
http://wireless.fcc.gov/hac.
12 See Kyocera Communications, Inc., Hearing Aid Compatibility Report (Sept. 10, 2012),
http://wireless.fcc.gov/hac_documents/120928/7058833_23.PDF.
13 47 C.F.R. § 20.19(i)(1).
4

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DA 14-403

9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, Kyocera
Communications 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 Kyocera Communications 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.
10.

Compliance Plan

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

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, Kyocera Communications shall establish Operating
Procedures that all Covered Employees must follow to help ensure Kyocera
Communications’s compliance with the Hearing Aid Compatibility Rules, including
the timely filing of annual hearing aid compatibility status reports. Kyocera
Communications’s Operating Procedures shall include internal procedures and
policies specifically designed to ensure that Kyocera Communications 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 timely submitted annual hearing aid
compatibility status reports. Kyocera Communications 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 Kyocera Communications’s compliance with the Hearing Aid
Compatibility Rules, and shall set forth procedures for timely submittal of hearing aid
compatibility status reports. Kyocera Communications shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth
therein remains current and complete. Kyocera Communications shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. Kyocera Communications 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 Kyocera
Communications’s obligation to report any noncompliance with the Hearing Aid
Compatibility Rules under paragraph 11 of this Consent Decree and shall be
5

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DA 14-403

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. Kyocera Communications 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.
11.

Reporting Noncompliance

. Kyocera Communications 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 Kyocera
Communications 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 Kyocera Communications 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
Jason Koslofsky at Jason.Koslofsky@fcc.gov and to Pamera Hairston at Pamera.Hairston@fcc.gov.
12.

Compliance Reports

. Kyocera Communications 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 Kyocera
Communications’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 Kyocera Communications, stating that the
Compliance Officer has personal knowledge that Kyocera Communications (i) has
established and implemented the Compliance Plan; (ii) has utilized the Operating
Procedures since the implementation of the Compliance Plan; (iii) has timely filed
any required annual hearing aid compatibility status report coming due since the last
Compliance Report; 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 11 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 Kyocera Communications, 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 Kyocera Communications has
taken or will take to remedy such noncompliance, including the schedule on which


14 47 C.F.R. § 1.16.
6

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proposed remedial actions will be taken; and (iii) the steps that Kyocera
Communications 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 Jason
Koslofsky at Jason.Koslofsky@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
13.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 9 through 12
of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
14.

Voluntary Contribution

. Kyocera Communications agrees that it will make a voluntary
contribution to the United States Treasury in the amount of twelve thousand dollars ($12,000) within
thirty (30) calendar days after the Effective Date. Kyocera Communications shall also send electronic
notification of payment to Jason Koslofsky at Jason.Koslofsky@fcc.gov, Pamera Hairston at
Pamera.Hairston@fcc.gov, and to 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 FRNs 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 Kyocera Communications
should follow based on the form of payment it selects:
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 Kyocera Communications has questions regarding payment procedures, it should contact the Financial
Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15.

Waivers

. Kyocera Communications 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


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

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DA 14-403

defined herein. Kyocera Communications 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 Kyocera
Communications nor the Commission shall contest the validity of the Consent Decree or of the Adopting
Order, and Kyocera Communications shall waive any statutory right to a trial de novo. Kyocera
Communications 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.
16.

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.
17.

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 Kyocera Communications does
not expressly consent) that provision will be superseded by such Rule or Commission order.
18.

Successors and Assigns

. Kyocera Communications agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and transferees.
19.

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.
20.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
21.

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.
22.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Kyocera Communications represents and warrants that (i) Kyocera Communications has ultimate
authority and control over, and responsibility for, compliance with the Hearing Aid Compatibility Rules
with respect to handset models offered within the United States that are manufactured by Kyocera
Communications, Kyocera Corporation, and any other subsidiary or related company within Kyocera
Corporation’s corporate structure; and (ii) he/she is authorized by Kyocera Communications to execute
this Consent Decree and to bind Kyocera Communications 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.


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

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23.

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.
________________________________
David B. Kolker
Deputy Chief
Enforcement Bureau
________________________________
Date
_______________________________
Yasuhiro Oishi
President
Kyocera Communications, Inc.
________________________________
Date
9

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