Enforcement Bureau Adopts Consent Decree with Wireless Handset Provider Terminating Investigation Into Potential HAC Rule Violations

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On December 14, 2011, the Federal Communications Commission’s (“FCC” or “Commission”) Enforcement Bureau (“Bureau”) issued an Order adopting a consent decree between the Bureau and Cross Wireless, LLC d/b/a Sprocket Wireless, LLC (“Cross Wireless”).  The consent decree terminated the Bureau’s investigation into potential violations by Cross Wireless of the Commission’s Hearing Aid Compatibility (“HAC”) rules for wireless handset providers.  As part of the agreement, Cross Wireless will make a voluntary payment of $50,000 to the FCC.

The consent decree also requires Cross Wireless to submit a compliance plan within 60 days of the effective date to help ensure future compliance with the HAC rules.  As part of the compliance plan, the consent decree instructs Cross Wireless to designate a compliance officer to oversee HAC compliance, establish HAC compliance operating procedures, prepare an HAC compliance manual and implement a compliance training program for employees in addition to advertising the availability of hearing aid-compatible digital wireless handsets to customers.  Cross Wireless must also submit regular compliance reports to the Commission.

The FCC’s Order can be found here: HAC Consent Decree Order

The Order clearly shows the Bureau’s continued commitment to enforcement of the Commission’s HAC rules.  Clients with comments or questions regarding this advisory should contact the Attorney assigned to their accounts.

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