NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) AMERITECH CORPORATION ) File No. ENF-95-13 ) Apparent Liability ) NAL/Acct. No. 516EF0003 for Forfeiture ) ORDER Adopted: October 30, 1996; Released: November 4, 1996 By the Commission: 1. On August 14, 1995, the Commission issued a Notice of Apparent Liability for Forfeiture and Order to Show Cause (NAL) to the Ameritech Corporation. In the NAL, the Commission found that Ameritech had apparently willfully violated Section 214 of the Communications Act of 1934, 47 U.S.C.  214, and the Commission's implementing rule, 47 C.F.R.  63.01, by constructing new communications facilities without first obtaining the necessary authorization from this Commission. The Commission also determined, based on a review of the facts and circumstances surrounding the violation, that Ameritech was apparently liable for a forfeiture in the amount of $200,000. 2. The Commission has reached an agreement with Ameritech that would resolve this proceeding, the terms and conditions of which are contained in the attached Consent Decree. We believe that the public interest would be served by adopting the Consent Decree, the terms of which are hereby incorporated by reference. 3. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), that the Consent Decree, incorporated by reference herein, IS HEREBY ADOPTED. 4. IT IS FURTHER ORDERED that the Acting Secretary SHALL SIGN said Consent Decree on behalf of the Federal Communications Commission. 5. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS HEREBY TERMINATED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) AMERITECH CORPORATION ) File No. ENF-95-13 ) Apparent Liability ) NAL/Acct. No. 516EF0003 for Forfeiture ) CONSENT DECREE 1. On August 14, 1995, the Commission issued a Notice of Apparent Liability for Forfeiture and Order to Show Cause (NAL) to the Ameritech Corporation. In the NAL, the Commission found that Ameritech had apparently willfully violated Section 214 of the Communications Act of 1934, 47 U.S.C.  214, and the Commission's implementing rule, 47 C.F.R.  63.01, by constructing new communications facilities without first obtaining the necessary authorization from this Commission. The Commission also determined, based on a review of the facts and circumstances surrounding the violation, that Ameritech was apparently liable for a forfeiture in the amount of $200,000. 2. For the purposes of this Consent Decree, the following definitions apply: (a) "Commission" means the Federal Communications Commission; (b) "Ameritech" means the Ameritech Corporation, or any other affiliated entity, subsidiary, parent, or successor controlled directly or indirectly by Ameritech; (c) "Order" means the order of the Commission adopting the terms and conditions of this Consent Decree and formally disposing of the above- captioned proceeding. 3. Ameritech admits the jurisdiction of the Commission for the purposes of this Consent Decree and any Order. 4. Ameritech does not admit and specifically denies any and all liability for the allegations that formed the basis of the NAL. 5. Ameritech agrees that upon its signing and the signing by the Commission, the provisions of this Consent Decree shall be incorporated by reference in the Order, described in paragraph 2(c) above, formally adopting this Consent Decree and terminating the proceeding. 6. Ameritech waives any rights, whatsoever, that it may have to seek judicial review or otherwise challenge or contest the validity of the Order, described in paragraph 2(c). 7. In consideration for the termination of this proceeding in accordance with the terms of this Consent Decree, Ameritech agrees to make a non-tax deductible, voluntary contribution to the United States Treasury, without further protest or recourse to a trial de novo, in the amount of $150,000 (one hundred fifty thousand dollars), United States currency, within fourteen (14) days of the date on which the Order is released. Ameritech agrees to make such payment without admitting any alleged violation set forth in the NAL or admitting any other violation of the Communications Act or Commission rules or policy. 8. In light of the covenants and representations contained in paragraphs 3 and 5-7 of this Consent Decree, and in express reliance thereon, the Commission agrees that execution of this Consent Decree shall serve to resolve all issues arising from allegations of violations by Ameritech of the Communications Act of 1934, as amended, and of the Commission's rules, policies, and orders that are the subject of the NAL and based on the fact situation specifically alleged therein. If this Consent Decree is adopted by Order of the Commission, such adoption shall constitute a decision to terminate this enforcement proceeding without any finding of violation or liability on the part of Ameritech. The Commission agrees, in addition, that, in the absence of additional facts, it will not on its own motion institute against Ameritech new proceedings of any kind arising out of conduct on which the NAL was based, or other acts or omissions substantially similar to those on which the NAL was based, if those acts or omissions were committed prior to February 8, 1996. 9. Ameritech agrees that any violation of the Order or of this Consent Decree shall constitute a separate violation of a Commission order, entitling the Commission to execute any rights and remedies attendant to the enforcement of a Commission order. 10. Ameritech and the Commission further agree that the effectiveness of this Consent Decree is expressly contingent upon termination of this enforcement proceeding, issuance of an Order as described herein, and Ameritech's compliance with paragraphs 3, 5-7 above and 11 below of this Consent Decree. If the Consent Decree is not signed by both parties, is not adopted by the Commission, or is otherwise rendered invalid by any court of competent jurisdiction, it shall become null and void and shall not become part of the record in this enforcement proceeding nor may it be used in any fashion by any party in a legal proceeding. 11. If either the Commission or Ameritech brings an action in United States District Court to enforce the terms of the Order, Ameritech and the Commission agree that neither party will contest the validity of the Order, both parties will consent to a judgment incorporating the terms of the Consent Decree, and Ameritech will waive its statutory right to a trial de novo. For: Ameritech Corporation For: Federal Communications Commission /s/ Gary R. Lytle ____________________ Gary R. Lytle William F. Caton Vice President, Federal Relations Acting Secretary 9/27/96 ____________________ Date Date