Federal Communications Commission DA 13-1346
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Airadigm Communications, Inc.
dba Airfire Mobile
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)
)
)
)
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File Nos.:  EB-11-SE-045; 
EB-SED-12-00003753
Acct. No.:  201232100010
FRN:  0002701688
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) and 
Airadigm Communications, Inc. dba Airfire Mobile (Airadigm).  The Consent Decree resolves 
and terminates the Bureau’s investigations 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 and Airadigm have negotiated the Consent Decree that resolves these 
matters.  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 investigations.
 
4. In the absence of material new evidence relating to these matters, we conclude 
that our investigations raise no substantial or material questions of fact as to whether Airadigm 
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.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE 
TERMINATED.
  
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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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 Galle, Chief 
Executive Officer, Airadigm Communications, Inc. dba Airfire Mobile, 2301Kelbe Drive, P.O. 
Box 206, Little Chute, WI 54140-1201, and to Todd Slamowitz, Esq., Lukas, Nace, Gutierrez & 
Sachs, LLP, Counsel for Airadigm Communications, Inc. dba Airfire Mobile, 8300 Greensboro 
Drive, Suite 1200, McLean, VA 22102.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Federal Communications Commission DA 13-1346
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Airadigm Communications, Inc.
dba Airfire Mobile
)
)
)
)
)
)
File Nos.:  EB-11-SE-045; 
EB-SED-12-00003753
Acct. No.:  201232100010
FRN:  0002701688
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Airadigm 
Communications, Inc. dba Airfire Mobile, by their authorized representatives, hereby enter into 
this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigations into 
possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Commission’s rules1 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) “Airadigm” means Airadigm Communications, Inc. dba Airfire Mobile and 
its predecessors-in-interest and successors-in-interest.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(e) “Commission” and “FCC” mean the Federal Communications Commission 
and all of its bureaus and offices.
(f) “Communications Laws” means collectively, the Act, the Rules, and the 
published and promulgated orders and decisions of the Commission to 
which Airadigm is subject by virtue of its business activities, including but 
not limited to, the Hearing Aid Compatibility Rules.
(g) “Compliance Plan” means the compliance obligations, program, and 
procedures described in this Consent Decree at paragraph 11.
  
1 47 C.F.R. § 20.19(c)(3), (d)(3).
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(h) “Covered Employees” means all employees and agents of Airadigm who 
perform, or supervise, oversee, or manage the performance of, duties that 
relate to Airadigm’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) “Investigations” means (1) the investigation commenced by the Bureau 
pertaining to Airadigm’s deployment of digital wireless hearing-aid-
compatible handsets during calendar year 2010, which culminated in the 
issuance of the NAL; and (2) the investigation commenced by the Bureau’s 
August 28, 2012 letter of inquiry2 regarding Airadigm’s deployment of 
digital wireless hearing aid-compatible handsets during calendar year 2011. 
(l) “NAL” means the Notice of Apparent Liability and Admonishment issued to 
Airadigm on December 23, 2011, which proposed a forfeiture in the amount 
of $30,000 for Airadigm’s apparent willful and repeated violation of 
Sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules, and which 
admonished Airadigm for its earlier violation of Section 20.19(c)(3)(ii).3
(m) “Operating Procedures” means the standard, internal operating procedures 
and compliance policies established by Airadigm to implement the 
Compliance Plan.
(n) “Parties” means Airadigm 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.4 The Commission established technical standards for radio frequency 
  
2 Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to 
Robert Galle, Chief Executive Officer, Airadigm Communications, Inc. dba Airfire Mobile (Aug. 28, 2012)
(on file in EB-SED-12-00003753).
3 Airadigm Communications Inc. dba Airfire Wireless, Notice of Apparent Liability for Forfeiture and 
Admonishment, 26 FCC Rcd 16914 (Enf. Bur. 2011).
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 Communications Act of 
1934, as amended (Act), 47 U.S.C. § 610(b)(2)(C).  See Section 68.4(a) of the Commission’s Rules 
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interference (the M rating) and inductive 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 service providers were required to 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 17, 2011, Airadigm submitted its annual hearing aid compatibility 
status report for the January 1, 2010 to December 31, 2010 reporting period.9 The Commission’s 
Wireless Telecommunications Bureau (Wireless Bureau) subsequently referred Airadigm’s 
apparent hearing aid-compatible handset deployment violations during the January 1, 2010 to 
December 31, 2010 reporting period to the Bureau’s Spectrum Enforcement Division (Division) 
for investigation and possible enforcement action.  On December 23, 2011, the Bureau issued the 
    
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).
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) 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).
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) (Hearing Aid Compatibility First Report and Order), Order on 
Reconsideration and Erratum, 23 FCC Rcd 7249 (2008).
9 See Airadigm Communications, Inc. Hearing Aid Compatibility Status Report (filed Jan. 17, 2011), 
available at http://wireless.fcc.gov/hac_documents/110210/5947902_278.PDF.
Federal Communications Commission DA 13-1346
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NAL to Airadigm.10 On January 23, 2012, Airadigm filed a response to the NAL requesting that 
the proposed forfeiture be reduced or canceled.11
 
4. On January 17, 2012, Airadigm submitted its annual hearing aid compatibility 
status report for the January 1, 2011 to December 31, 2011 reporting period.12 The Wireless 
Bureau subsequently referred Airadigm’s apparent hearing aid-compatible handset deployment 
violations during the January 1, 2011 to December 31, 2011 reporting period to the Division for 
investigation and possible enforcement action.  On August 28, 2012, the Division issued a letter 
of inquiry (LOI) to Airadigm, which directed the company to submit a sworn written response to 
a series of questions related to its compliance with the Hearing Aid Compatibility Rules.13  
5. Airadigm responded to the LOI on September 17, 2012.14 In its LOI Response, 
Airadigm claimed that during the 2011 reporting period, it relied on inaccurate hearing aid 
compatibility ratings information provided by its third party vendor.15 The Bureau and Airadigm 
entered into a tolling agreement to toll the statute of limitations.16
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction.  Airadigm 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.
8. 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.
  
10 See supra note 3.
11 Airadigm Communications, Inc. dba Airfire Mobile, Response to Notice of Apparent Liability for 
Forfeiture (Jan. 23, 2012) (on file in EB-11-SE-045).
12 See Airadigm Communications, Inc. Hearing Aid Compatibility Report, (Jan. 17, 2012) available at
http://wireless.fcc.gov/hac_documents/120307/6565414_251.PDF.
13 See supra note 2.
14 See Letter from Todd Slamowitz, Esq., Lukas, Nace, Gutierrez & Sachs, LLP, Counsel for Airadigm 
Communications, Inc. dba Airfire Mobile, to Marlene H. Dortch, Secretary, Federal Communications 
Commission (Sept. 17, 2012) (on file in EB-SED-00003753) (LOI Response).
15 Id. at 3.
16 See Tolling Agreement, File No. EB-SED-12-00003753, executed by and between John D. Poutasse, 
Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Robert Galle, Chief Executive 
Officer, Airadigm Communications, Inc. dba Airfire Mobile (Aug. 28, 2012).
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9. 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 Investigations.  In consideration for the termination of the 
Investigations, Airadigm 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 these Investigations 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 Airadigm concerning the matters that were the subject of the 
Investigations.  The Bureau also agrees that in the absence of new material evidence it will not 
use the facts developed in the Investigations 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 Airadigm with respect to Airadigm’s basic qualifications, 
including its character qualifications, to be a Commission licensee or to hold Commission 
licenses or authorizations.  
10. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, 
Airadigm 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 Compliance Officer shall be responsible for developing, implementing, and 
administering the Compliance Plan and ensuring that Airadigm 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.
11. Compliance Plan.  For purposes of settling the matters set forth herein, 
Airadigm 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, Airadigm shall implement the following procedures:
(a) Operating Procedures on Hearing Aid Compatibility.  Within sixty (60) 
calendar days after the Effective Date, Airadigm shall establish Operating 
Procedures that all Covered Employees must follow to help ensure 
Airadigm’s compliance with the Hearing Aid Compatibility Rules.  
Airadigm’s Operating Procedures shall include internal procedures and 
policies specifically designed to ensure that Airadigm offers the requisite 
number or percentage of hearing aid-compatible digital wireless handset 
models to consumers as required by the Hearing Aid Compatibility Rules. 
Airadigm 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 
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the Hearing Aid Compatibility Rules and set forth the Operating Procedures 
that Covered Employees shall follow to help ensure Airadigm’s compliance 
with the Hearing Aid Compatibility Rules.  Airadigm shall periodically 
review and revise the Compliance Manual as necessary to ensure that the 
information set forth therein remains current and complete.  Airadigm shall 
distribute any revisions to the Compliance Manual promptly to all Covered 
Employees.
(c) Compliance Training Program.  Airadigm 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 
Airadigm’s obligation to report any noncompliance with the Hearing Aid 
Compatibility Rules under paragraph 12 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.  Airadigm 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.  
12. Reporting Noncompliance.  Airadigm 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 Airadigm 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 Airadigm 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.
13. Compliance Reports.  Airadigm 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 Airadigm’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 Airadigm, stating that the 
Compliance Officer has personal knowledge that Airadigm (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 12 hereof.
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(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 Rules17 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 Airadigm, 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 Airadigm 
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 
Airadigm 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.
14. Termination Date.  The obligations set forth in paragraphs 10 through 13 of this 
Consent Decree shall expire thirty-six (36) months after the Effective Date.
15. 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 Airadigm 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 
Airadigm with the Communications Laws.
16. Voluntary Contribution.  Airadigm agrees that it will make a voluntary 
contribution to the United States Treasury in the amount of two hundred and sixty thousand 
dollars ($260,000) (Voluntary Contribution) within ninety (90) calendar days after the Effective 
Date.  Airadigm acknowledges and agrees that upon execution of this Consent Decree, the 
voluntary contribution shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).18  
Upon an Event of Default (as defined below), all procedures for collection as permitted by law 
may, at the Commission’s discretion, be initiated.  Airadigm 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.19  
  
17 47 C.F.R. § 1.16.
18 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
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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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.
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.
17. Event of Default.  Airadigm agrees that an Event of Default shall occur upon the 
failure by Airadigm to pay the full amount of the Voluntary Contribution on or before the due 
date specified in this Consent Decree.
18. 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 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 
Airadigm.
19. Waivers.  Airadigm 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.  Airadigm 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 Airadigm nor the Commission shall contest the validity of the Consent Decree or of the 
Adopting Order, and Airadigm shall waive any statutory right to a trial de novo.  Airadigm hereby 
Federal Communications Commission DA 13-1346
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agrees to waive any claims it may have under the Equal Access to Justice Act20 relating to the 
matters addressed in this Consent Decree.
20. 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.
21. 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 Airadigm does 
not expressly consent) that provision will be superseded by such Rule or Commission order.
22. Successors and Assigns.  Airadigm agrees that the provisions of this Consent 
Decree shall be binding on its successors, assigns, and transferees.  
23. Final Settlement.  The Parties agree and acknowledge that this Consent Decree 
shall constitute a final settlement between the Parties with respect to these Investigations.  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.
24. Modifications.  This Consent Decree cannot be modified without the advance 
written consent of both Parties.
25. 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.
26. Authorized Representative.  The individual signing this Consent Decree on 
behalf of Airadigm represents and warrants that he is authorized by Airadigm to execute this 
Consent Decree and to bind Airadigm 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.
  
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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27. 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 Galle
Chief Executive Officer
Airadigm Communications, Inc. dba Airfire Mobile
________________________________
Date