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Pulse/TeleGuam Pays $280K in HAC Probe; Adopts Robust Compliance Plan

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Released: June 21, 2013

Federal Communications Commission

DA 13-318

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
File No.: EB-10-SE-118
TeleGuam Holdings, LLC,
)
Successor-in-Interest to Pulse Mobile, LLC
)
Acct. No.: 201332100007
)
and
)
FRNs: 0012355764; 0012356218
)
Pulse Mobile, LLC
)
)

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), Pulse Mobile,
LLC (Pulse), and its successor-in-interest, TeleGuam Holdings, LLC (TeleGuam). The Consent Decree
resolves and terminates the Bureau's investigation 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, Pulse, and TeleGuam 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 or material questions of fact as to whether Pulse 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

.

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.

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DA 13-318

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 Robert Haulbrook, President and
Chief Executive Officer, TeleGuam Holdings, LLC, and President and Chief Executive Officer, Pulse
Mobile, LLC, 624 North Marine Corps Drive, Tamuning, Guam 96913, and to Eric J. Branfman, Esq.,
Bingham McCutchen LLP, Counsel for TeleGuam Holdings, LLC and Pulse Mobile, LLC, 2020 K Street,
N.W., Washington, DC 20006-1806.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-318

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
File No.: EB-10-SE-118
TeleGuam Holdings, LLC,
)
Successor-in-Interest to Pulse Mobile, LLC
)
Acct. No.: 201332100007
)
and
)
FRNs: 0012355764; 0012356218
)
Pulse Mobile, LLC
)
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission, Pulse Mobile, LLC, and
its successor-in-interest, TeleGuam Holdings, LLC,1 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 rules2 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 the Companies
are subject by virtue of their business activities, including but not limited to, the
Hearing Aid Compatibility Rules.

1 On July 5, 2012, during the course of the Enforcement Bureau's investigation, Pulse Mobile, LLC and TeleGuam
Holdings, LLC filed an application on FCC Form 603 (FCC Application for Assignments of Authorization and
Transfers of Control) providing notification of the consummation of the pro forma assignment of the licenses held
by Pulse Mobile, LLC to TeleGuam Holdings, LLC effective June 5, 2012. See ULS File No. 0005297441, filed by
Pulse Mobile, LLC (Assignor) and TeleGuam Holdings, LLC (Assignee) (filed July 5, 2012).
2 47 C.F.R. 20.19(c)(3), (d)(3).

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DA 13-318

(f) "Companies" means, collectively, Pulse and TeleGuam.
(g) "Compliance Plan" means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 10.
(h) "Covered Employees" means all employees and agents of the Companies who
perform duties, or supervise, oversee, or manage the performance of duties, relating
to the Companies' 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 digital wireless handsets
and the marketing or distribution of such handsets to consumers in the United States
and its territories.
(k) "Investigation" means the investigation commenced by the Bureau's September 8,
2010 letter of inquiry3 regarding Pulse's deployment of digital wireless hearing aid-
compatible handsets.
(l) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by the Companies to implement the Compliance
Plan.
(m) "Parties" means Pulse, TeleGuam, and the Bureau, each of which is a "Party."
(n) "Pulse" means Pulse Mobile, LLC and its predecessors-in-interest and successors-
in-interest.
(o) "Rules" means the Commission's regulations found in Title 47 of the Code of
Federal Regulations.
(p) "TeleGuam" means TeleGuam Holdings, LLC and its predecessors-in-interest and
successors-in-interest.

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 interference (the M rating) and inductive

3 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Eric Votaw,
Vice President of Regulatory, Pulse Mobile, LLC (Sept. 8, 2010) (on file in EB-10-SE-118).
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 Act, 47 U.S.C. 610(b)(2)(C). See Section
68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones
, Report and Order, 18 FCC Rcd
16753, 16787, para. 89 (2003); Erratum, 18 FCC Rcd 18047 (2003) (Hearing Aid Compatibility Order); Order on
Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 11221 (2005).
2

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DA 13-318

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 wireless
service providers must 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 15, 2010, Pulse submitted its annual hearing aid compatibility status report
for the January 1, 2009 to December 31, 2009 reporting period.9 Based on that report, on August 13,
2010, the Wireless Telecommunications Bureau referred Pulse's apparent hearing aid-compatible handset
deployment violations to the Bureau for investigation and possible enforcement action. On September 8,
2010, the Bureau's Spectrum Enforcement Division (Division) issued a letter of inquiry10 (LOI) to Pulse,
directing the company to submit a sworn written response to a series of questions related to its
compliance with the Hearing Aid Compatibility Rules. Pulse responded to the LOI on September 27,
2010.11 In its LOI Response, Pulse acknowledged that it did not have hearing aid compatibility
compliance procedures in place in 2009, but stated that it subsequently implemented such compliance

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) 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), Order on Reconsideration and Erratum, 23 FCC Rcd 7249 (2008).
9 Pulse amended its status report on February 8, 2011. See Pulse Mobile, LLC Hearing Aid Compatibility Report,
(Feb. 8, 2011) available at http://wireless.fcc.gov/hac_documents/100317/Pulse_0004093136.PDF.
10 See supra note 3.
11 Letter from Eric Votaw, Vice President of Regulatory, Pulse Mobile, LLC, to Marlene H. Dortch, Secretary,
Federal Communications Commission (Sept. 27, 2010) (on file in EB-10-SE-118) (LOI Response).
3

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DA 13-318

procedures in an effort to comply with the hearing aid-compatible handset deployment requirements on a
going forward basis.12
4.
On November 3, 2010, Pulse voluntarily disclosed to the Division that it apparently did
not comply with the hearing aid-compatible handset deployment requirements during the January 1, 2010
to December 31, 2010 reporting period. On March 21, 2011, the Bureau issued Pulse a second letter of
inquiry,13 to which Pulse responded on March 30, 2011.14 In its Second LOI Response, Pulse indicated
that it reported the hearing aid compatibility ratings of certain of the handset models it offered based on
its interpretation of ratings information provided by the manufacturer and/or distributor of those
handsets.15 The Bureau and Pulse entered into tolling agreements to toll the statute of limitations,16 and
negotiated the terms of this Consent Decree.17 On June 5, 2012, pursuant to a corporate restructuring,
Pulse and TeleGuam consummated the pro forma assignment of the licenses held by Pulse to
TeleGuam.18

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

. The Companies agree that the Bureau has jurisdiction over them 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.

12 LOI Response at 2.
13 Letter from Ricardo M. Durham, Acting Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to
Eric Votaw, Vice President of Regulatory, Pulse Mobile, LLC (Mar. 21, 2011) (on file in EB-10-SE-118).
14 Letter from Eric N. Votaw, Vice President of Regulatory, Pulse Mobile, LLC, to Marlene H. Dortch, Secretary,
Federal Communications Commission (Mar. 30, 2011) (on file in EB-10-SE-118) (Second LOI Response).
15 Id. at 2.
16 See e.g., Tolling Agreement Extension, File No. EB-10-SE-118, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Eric J. Branfman, Counsel for Pulse Mobile,
LLC (Apr. 20, 2012) (on file in EB-10-SE-118).
17 The Bureau analyzed Pulse's possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Rules consistent
with the new base forfeiture calculation methodology set forth in the Commission's recent T-Mobile decision (see
T-Mobile USA, Inc.
, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 4405 (2012)) and applied the statutory
factors set forth in Section 503(b)(2)(E) of the Act. We also took into consideration the fact that the Bureau and
Pulse had engaged in lengthy and productive settlement negotiations over the terms of this Consent Decree prior to
the release of the T-Mobile decision.
18 See supra note 1.
4

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DA 13-318

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 the termination of the Investigation, the Companies
agree to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts developed in the Investigation
through the Effective Date, or the existence of this Consent Decree, to institute on its own motion any
new proceeding, formal or informal, or take any action on its own motion against Pulse 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 Pulse with respect to its basic qualifications, including its
character qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.
9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, the
Companies 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 the Companies comply 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, the Companies
agree that they 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, the
Companies shall implement the following procedures:
(a)

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60)
calendar days after the Effective Date, the Companies shall establish Operating
Procedures that all Covered Employees must follow to help ensure the Companies'
compliance with the Hearing Aid Compatibility Rules. The Companies' Operating
Procedures shall include internal procedures and policies specifically designed to
ensure that the Companies offer the requisite number or percentage of hearing aid-
compatible digital wireless handset models to consumers as required by the
Hearing Aid Compatibility Rules. The Companies 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 the Companies' compliance with the
Hearing Aid Compatibility Rules. The Companies shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth
5

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DA 13-318

therein remains current and complete. The Companies shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. The Companies 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 the Companies' obligation to report any
noncompliance with the Hearing Aid Compatibility Rules under paragraph 11 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. The Companies 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

. The Companies 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 the Companies have taken or will
take to remedy such noncompliance; (iii) the schedule on which such remedial actions will be taken; and
(iv) the steps that the Companies have 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.
12.

Compliance Reports

. The Companies shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective
Date, and twenty-four (24) months after the Effective Date.
(a)
Each Compliance Report shall include a detailed description of the Companies'
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 the Companies, stating that the Compliance Officer has
personal knowledge that the Companies (i) have established and implemented the
Compliance Plan; (ii) have utilized the Operating Procedures since the
implementation of the Compliance Plan; and (iii) are 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
Rules19 and be subscribed to as true under penalty of perjury in substantially the
form set forth therein.

19 47 C.F.R. 1.16.
6

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DA 13-318

(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of the Companies, 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 the Companies have taken or
will take to remedy such noncompliance, including the schedule on which
proposed remedial actions will be taken; and (iii) the steps that the Companies have
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, 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.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 9 through
12 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
14.

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 the Companies or their 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 the Companies with the
Communications Laws.
15.

Voluntary Contribution

. The Companies agree to make a single voluntary contribution
to the United States Treasury in the amount of two hundred and eighty thousand dollars ($280,000)
(Voluntary Contribution) within thirty (30) calendar days after the Effective Date. The Companies are
jointly and severally liable for the payment of the Voluntary Contribution. The Companies 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.20 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

20 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 13-318

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.
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.
16.

Waivers

. The Companies waive any and all rights they 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. The Companies shall retain the right to challenge Commission interpretation of the Consent
Decree or any terms contained herein. If any Party (or the United States on behalf of the Commission)
brings a judicial action to enforce the terms of the Adopting Order, neither the Companies nor the
Commission shall contest the validity of the Consent Decree or of the Adopting Order, and the
Companies shall waive any statutory right to a trial de novo. The Companies hereby agree to waive any
claims they may have under the Equal Access to Justice Act21 relating to the matters addressed in this
Consent Decree.
17.

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.
18.

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 the Companies do not expressly
consent) that provision will be superseded by such Rule or Commission order.
19.

Successors and Assigns

. The Companies agree that the provisions of this Consent
Decree shall be binding on their successors, assigns, and transferees.
20.

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.
21.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of the Parties.
22.

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.
23.

Authorized Representative

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

21 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 1.530.
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to bind TeleGuam to the obligations set forth herein. The individual signing this Consent Decree on
behalf of Pulse represents and warrants that he is authorized by Pulse to execute this Consent Decree and
to bind Pulse 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.
24.

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 Haulbrook
President and Chief Executive Officer
TeleGuam Holdings, LLC
______________________________
Date
________________________________
Robert Haulbrook
President and Chief Executive Officer
Pulse Mobile, LLC
______________________________
Date
9

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