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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
AT&T Wireless Services, Inc.    )    File No. EB-02-TS-002
                                )    NAL/Acct. No. 200232100003
                                )    FRN 0003-7665-32
                                     

                              ORDER

Adopted:  June 12, 2002                 Released:  June 18, 2002

By the Commission:

     1.   In this Order, we adopt a Consent Decree terminating an 
investigation into possible violations by AT&T Wireless Services, 
Inc. (``AT&T Wireless'') of the enhanced 911 (``E911'') Phase  II 
provisions of Section 20.18 of the Commission's Rules (``Rules'') 
with respect to its Time Division Multiple Access network.1

     2.   The Commission and  AT&T Wireless  have negotiated  the 
terms of  a Consent  Decree that  would resolve  this matter  and 
terminate the investigation.   A copy  of the  Consent Decree  is 
attached hereto and incorporated by reference.  

     3.   Based on  the record  before us,  we conclude  that  no 
substantial or material  questions of  fact exist  as to  whether 
AT&T Wireless possesses the basic qualifications, including those 
related to  character,  to hold  or  obtain any  FCC  license  or 
authorization.

     4.   After reviewing  the terms  of the  Consent Decree,  we 
find that the public  interest would be  served by approving  the 
Consent Decree and  terminating the  investigation into  possible 
violations by AT&T Wireless  of the E911  Phase II provisions  of 
Section 20.18 of the Rules.

     5.   Accordingly, IT IS ORDERED, pursuant to Sections  4(i), 
4(j) and 503(b) of the  Communications Act of 1934, as  amended,2 
that the attached Consent Decree IS ADOPTED.
     6.   AT&T Wireless shall make its voluntary contribution  to 
the  United  States  Treasury  by  mailing  a  check  or  similar 
instrument, payable to  the order of  the Federal  Communications 
Commission, to the Federal Communications Commission,  Forfeiture 
Collection Section,  Finance  Branch, P.O.  Box  73482,  Chicago, 
Illinois 60673-7482.  The payment should reference NAL/Acct.  No. 
200232100003 and FRN 0003-7665-32.

     7.   IT IS FURTHER ORDERED that the Commission investigation 
into the matter described herein IS TERMINATED.

     8.   IT IS FURTHER ORDERED that the Secretary SHALL SIGN the 
Consent Decree on behalf of the Commission.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Marlene H. Dorch
                              Secretary
                         CONSENT DECREE

          The Federal  Communications  Commission  (``FCC'')  and 
AT&T Wireless  Services, Inc.  (``AT&T Wireless'')  hereby  enter 
into a  Consent  Decree  resolving possible  violations  by  AT&T 
Wireless of the E911 Phase II provisions of Section 20.18 of  the 
Commission's Rules, 47 C.F.R.  20.18.

                       Statement of Facts

     9.        Under Phase II of  the FCC's wireless E911  rules, 
wireless carriers  are  required  to provide  to  the  designated 
Public Safety Answering Point (``PSAP'') the location of wireless 
911  callers,   a   capability  known   as   Automatic   Location 
Identification (``ALI''),  using handset-based  or  network-based 
location technologies.3   The  rules provide  that  handset-based 
location technologies must provide  the location of wireless  911 
calls with an accuracy of 50  meters for 67 percent of calls  and 
150 meters for 95 percent  of calls.4  Carriers using a  handset-
based solution also  must begin  to offer  one entry-level  model 
with location capability no later than October 1, 2001, and  must 
ensure that 95 percent  of their customers have  location-capable 
handsets no later than December 31, 2005.5

     10.       For carriers  choosing a  network-based  solution, 
the rules provide that the technology must report the location of 
wireless 911 calls with an accuracy of 100 meters for 67  percent 
of calls and  300 meters  for 95  percent of  calls.6  A  carrier 
using a network-based solution must provide ALI to 50 percent  of 
its coverage area, or 50 percent of its population, beginning  on 
October 1, 2001 or within six months of a PSAP request, whichever 
is later, and to 100 percent of callers within 18 months of  that 
request or  by October  1, 2002,  whichever is  later.   Wireless 
carriers subject to the rules were directed to report their Phase 
II plans,  including  the  technologies  they  plan  to  use,  by 
November 9, 2000.7

     11.       On November  9,  2000,  AT&T  Wireless  filed  its 
report on its plans for implementation of E911 Phase II  service.  
In its report, AT&T Wireless stated that it was not in a position 
to choose between a handset and network overlay solution and that 
it would  file an  amended  report.  On  December 6,  2000,  AT&T 
Wireless filed an Amended  E911 Phase II  Report stating that  it 
planned  to  implement   a  hybrid   network  and   handset-based 
technology called Enhanced  Observed Time  Difference of  Arrival 
(``E-OTD'') across its  Global System  for Mobile  Communications 
(``GSM'')/General Packet Radio Service (``GPRS'') network.8  AT&T 
Wireless did  not commit  to the  use of  a particular  Phase  II 
technology with  respect to  its  Time Division  Multiple  Access 
(``TDMA'') network.9

     12.       On April 4, 2001, AT&T Wireless requested a waiver 
of  the E911  Phase  II  rules  to  permit  it  to  deploy  E-OTD 
throughout its  GSM  air  interface network  and  a  switch-based 
technology  called   Mobile-Assisted  Network   Location   System 
(``MNLS'') for its  TDMA network.10   AT&T Wireless  supplemented 
its filing  on May  31 and  June 12,  2001, providing  additional 
information on its plans for complying with Phase II requirements 
using MNLS.  On June 13,  2001, AT&T Wireless personnel met  with 
the  staff  of  the  FCC's  Wireless  Telecommunications   Bureau 
(``WTB'') to discuss MNLS.  It provided additional data on  field 
test results of network-based solutions for TDMA on July 2,  July 
10, and  August  2, 2001.   On  July 23,  2001,  AT&T  Wireless's 
technical personnel participated  in a conference  call in  which 
they answered questions regarding MNLS from staff of the WTB  and 
the FCC's Office of Engineering (``OET''), and on July 27,  2001, 
AT&T Wireless met with WTB and  OET staff to further discuss  the 
waiver request.  On  August 6,  2001, AT&T  Wireless submitted  a 
written proposal for complying  with Phase II requirements  using 
MNLS, including specific milestones.   A meeting to discuss  this 
proposal and other aspects  of the waiver  request was held  with 
WTB on  August 30,  2001.  On  September 6,  2001, AT&T  Wireless 
conducted a  field demonstration  of  MNLS in  Orlando,  Florida, 
which WTB and OET staff observed on site.  On September 17, 2001, 
AT&T Wireless filed  a letter substantially  amending its  waiver 
request  with  respect  to  its  TDMA  network.11   In  lieu   of 
implementing MNLS  as its  E911 Phase  II solution  for its  TDMA 
network,  AT&T  Wireless  sought  permission  to  deploy   either 
TruePosition's or Grayson Wireless's (Grayson's) network  overlay 
technology.  The WTB  sought comments on  the waiver and  amended 
waiver requests.12   The comment  period  on the  amended  waiver 
request closed on October 11,  2001.  The amended waiver  request 
regarding  AT&T  Wireless's   TDMA  network   is  pending.    The 
Commission recently  approved, with  conditions, AT&T  Wireless's 
request to deploy E-OTD throughout its GSM network.13

     13.       The Enforcement Bureau has begun an  investigation 
into whether AT&T Wireless was in compliance with the E911  Phase 
II rules,  47  C.F.R.    20.18, with  respect  to  its  TDMA  or 
TDMA/Advanced Mobile Phone Service (``AMPS'') network on or after 
October 1, 2001.

                       Terms of Settlement

     14.       For the  purposes  of  this  Consent  Decree,  the 
following definitions shall apply:

          (a)  ``FCC''  or  ``Commission''   means  the   Federal 
Communications Commission.
          (b)  ``Parties'' means AT&T Wireless Services, Inc. and 
               the Federal Communications Commission.
          (c)  ``AT&T Wireless''  means AT&T  Wireless  Services, 
               Inc., its  subsidiaries,  and  any  successors  or 
               assigns.
          (d)  ``Adopting Order''  means  an  order  of  the  FCC 
               adopting this Consent Decree.
          (e)  ``Effective Date'' means the date on which the FCC 
               releases the Adopting Order.
          (f)  ``Rules'' means the Commission's regulations found 
               in Title 47 of the Code of Federal Regulations.
          (g)  ``Act'' means the Communications  Act of 1934,  as 
               amended, 47 U.S.C.  151 et seq.
          (h)  ``Valid  PSAP  Request''  means  a  Public  Safety 
               Answering Point (``PSAP'') request for Phase I  or 
               Phase II service  as defined  in the  Commission's 
               rules  governing  E911  and  any  orders  of   the 
               Commission interpreting such rules.

     15.       The Parties  agree  that the  provisions  of  this 
Consent Decree shall be subject to  final approval by the FCC  by 
incorporation of  such provisions  by  reference in  an  Adopting 
Order.

     16.       The Parties agree that  this Consent Decree  shall 
become effective  on  the date  on  which the  FCC  releases  the 
Adopting Order.   Upon  release,  the  Adopting  Order  and  this 
Consent Decree shall have the same force and effect as any  other 
order of the  Commission and any  violation of any  term of  this 
Consent Decree shall constitute a violation of a Commission order 
entitling the FCC to exercise any and all rights and to seek  any 
and all  remedies authorized  by  law for  the enforcement  of  a 
Commission order.

     17.       AT&T Wireless agrees that the FCC has jurisdiction 
over the  matters  contained  in  this  Consent  Decree  and  the 
authority to enter into and adopt this Consent Decree.

     18.       The  Parties  agree  and  acknowledge  that   this 
Consent Decree shall constitute  a final settlement between  AT&T 
Wireless and the  FCC regarding possible  violations of the  E911 
Phase II rules for its TDMA or TDMA/AMPS network with respect  to 
the October 1, 2001  deadline.  In consideration for  termination 
by the Commission of its investigation into whether AT&T Wireless 
has violated the E911  Phase II rules for  its TDMA or  TDMA/AMPS 
network with  respect to  the October  1, 2001  deadline, and  in 
accordance with the terms of  this Consent Decree, AT&T  Wireless 
agrees to the terms set forth herein.14

     19.       In  express   reliance   on  the   covenants   and 
representations  in  this  Consent  Decree,  the  FCC  agrees  to 
terminate its investigation without  any finding of liability  on 
the part of AT&T Wireless.

     20.       AT&T Wireless agrees to comply with the E911 Phase 
II rules modified as follows:

          (a)  First, AT&T Wireless agrees:

               (1)  To deploy a Phase II compliant technology  at 
               a minimum  of 1,000  cell  sites by  November  15, 
               2002.

               (2)  To deploy a Phase II compliant technology  at 
               a minimum of 2,000 cell sites and provide Phase II 
               service at all these sites by December 31, 2002.

               (3)  To deploy a Phase II compliant technology  at 
               a minimum of 4,000 cell sites and provide Phase II 
               service at all these sites by June 30, 2003.

               (4)  To deploy a Phase II compliant technology  at 
               a minimum  of 6,000  cell  sites by  December  31, 
               2003, if necessary to meet a PSAP request  pending 
               more than six months as of that date. 

               (5)  To deploy a Phase II compliant technology  at 
               a minimum of 8,000 cell sites by June 30, 2004, if 
               necessary to meet a PSAP request pending more than 
               six months as of that date. 

               (6) For  any  valid  PSAP requests  for  Phase  II 
               service on its TDMA or TDMA/AMPS network  received 
               by AT&T Wireless on  or before February 28,  2002, 
               AT&T Wireless must provide its Phase II  compliant 
               solution to 100% of those PSAPs' coverage areas or 
               population by April 1, 2003.

               (7)  For  valid   PSAP  requests  received   after 
               February 28, 2002, but on or before September  30, 
               2002, AT&T  Wireless  must provide  its  Phase  II 
               compliant solution to 50% of those PSAPs' coverage 
               areas or population by April 1, 2003, and to  100% 
               of those PSAPs'  coverage areas  or population  by 
               November 30, 2003.

               (8)   For  valid  PSAP  requests  received   after 
               September 30, 2002, AT&T Wireless must provide its 
               Phase II compliant service to 50% of those  PSAPs' 
               coverage areas or population within six months  of 
               receipt of  such  request  and to  100%  of  those 
               PSAPs' coverage  areas  or  population  within  15 
               months of receipt of a PSAP request.  

          (b)  Second,   AT&T    Wireless   agrees    that    its 
classification of a PSAP request as invalid will not insulate  it 
from enforcement  action if  the Commission  determines that  the 
request was valid.

          (c)  Third, AT&T Wireless states that it is relying  on 
vendor representations in agreeing to the deployment schedule set 
forth herein and  for its  belief that  a network-based  solution 
will satisfy the Commission's accuracy requirements.

          (d)  Fourth,  AT&T  Wireless  represents  that  it  has 
completed its Lucent switch upgrades by April 1, 2002, and agrees 
that it  must complete  all other  switch upgrades  by August  1, 
2002.

          (e)  Fifth, AT&T Wireless agrees  that in the event  it 
fails to comply with any of the benchmarks set forth in paragraph 
12(a)(1) through (5),  it will make  a voluntary contribution  to 
the United  States Treasury  in the  amount of  $300,000 for  the 
first missed benchmark, $600,000 for the second missed  benchmark 
and  $1,200,000   for  the   third  missed   benchmark  and   any 
subsequently missed benchmarks.  Any such voluntary  contribution 
will be made  within 30 days  of the missed  benchmark or  within 
five business days of a Commission decision denying a request  to 
modify the benchmark date, whichever is later, by mailing a check 
or similar  instrument,  payable  to the  order  of  the  Federal 
Communications  Commission,   to   the   Federal   Communications 
Commission, Forfeiture Collection  Section, Finance Branch,  P.O. 
Box 73482,  Chicago,  Illinois 60673-7482.   The  payment  should 
reference NAL/Acct. No. 200232100003, as well as AT&T  Wireless's 
FCC Registration Number (``FRN'') 0003-7665-32.

          (f)  Sixth, AT&T Wireless must file Quarterly  Reports, 
on its progress and compliance  with the terms and conditions  of 
the Consent Decree and the wireless  E911 rules, as set forth  in 
paragraphs 13-16, infra.15

          (g)  Seventh, with its August 1, 2002 Quarterly Report, 
AT&T Wireless must submit a Phase II rollout plan describing  how 
it will prioritize PSAP requests  and deploy Phase II service  in 
its TDMA and TDMA/AMPS network.

     21.       To assist in monitoring and enforcing each of  the 
conditions imposed  on AT&T  Wireless,  AT&T Wireless  must  file 
Quarterly Reports with  the Chief of  the Enforcement Bureau  and 
the Chief of the Wireless Telecommunications Bureau.16

     22.       Specifically, the Quarterly  Reports must  include 
the following information:

          (a)  The Report must include information on all pending 
Phase I and Phase II requests in AT&T Wireless's TDMA and 
TDMA/AMPS network, including the name of the PSAP, the date the 
request was received by the carrier, whether or not AT&T Wireless 
considers it valid, and its status.  To the extent any PSAP 
request for Phase II service in AT&T Wireless's TDMA or TDMA/AMPS 
network received after September 30, 2002 has been pending for 
more than six months, AT&T Wireless must identify the specific 
reasons underlying the failure to provide the requested service, 
the steps AT&T Wireless has taken to resolve the problems, and 
the anticipated date of full completion of the work necessary to 
deliver the requested information to the PSAP in question.  If 
AT&T Wireless believes there are questions concerning a PSAP's 
compliance with the conditions necessary for a valid Phase I or 
II request, such as its readiness to receive and utilize Phase I 
or Phase II information, it should identify specifically the 
question and the efforts it has undertaken, including the 
communications it has had with the PSAP, to resolve the question.  
AT&T Wireless agrees to serve this report on the Association of 
Public-Safety Communications Officials-International, Inc., the 
National Emergency Number Association, and the National 
Association of State Nine One One Administrators.17  In addition, 
the Commission will post this information on its website.18  The 
Parties agree that the Wireless Telecommunications Bureau may 
require any additional steps necessary to ensure PSAP access to 
this information.  

          (b)  Each Quarterly Report also must contain statements 
regarding whether AT&T Wireless has met each deployment benchmark 
and any other condition falling due in the period immediately 
preceding the Quarterly Report, and, if not, the reasons for its 
failure to comply.  Each Quarterly Report must contain:  

               (1) a statement of whether AT&T Wireless's Phase 
          II service meets the Commission's network-based 
          accuracy requirements of 100 meters for 67 percent of 
          calls and 300 meters for 95 percent of calls; 

               (2) for the August 1, 2002 benchmark, a statement 
          of whether AT&T Wireless has completed its switch 
          upgrades; 

               (3) for the November 15, 2002 benchmark, a 
          statement of whether AT&T Wireless has deployed a Phase 
          II compliant technology at 1,000 cell sites;

               (4) for the December 31, 2002 benchmark, a 
          statement of whether AT&T Wireless has deployed a Phase 
          II compliant technology at 2,000 cell sites and whether 
          AT&T Wireless is providing Phase II service at these 
          sites;

               (5) for the April 1, 2003 benchmarks, statements 
          of whether: (i) for any valid PSAP requests for Phase 
          II service on its TDMA or TDMA/AMPS network received by 
          AT&T Wireless on or before February 28, 2002, AT&T 
          Wireless has provided its Phase II compliant solution 
          to 100% of those PSAPs' coverage areas or population; 
          and (ii) for any valid PSAP requests for Phase II 
          service on its TDMA or TDMA/AMPS network received by 
          AT&T Wireless after February 28, 2002, but on or before 
          September 30, 2002, AT&T Wireless has provided its 
          Phase II compliant solution to 50% of those PSAPs' 
          coverage areas or population;

               (6) for the June 30, 2003 benchmark, a statement 
          of whether AT&T Wireless has deployed a compliant Phase 
          II technology at 4,000 cell sites;

               (7) for the November 30, 2003 benchmark, a 
          statement of whether, for any valid PSAP requests for 
          Phase II service on its TDMA or TDMA/AMPS network 
          received by AT&T Wireless after February 28, 2002, but 
          on or before September 30, 2002, AT&T Wireless has 
          provided its Phase II compliant solution to 100% of 
          those PSAPs' coverage areas or population; 

               (8) for the December 31, 2003 benchmark, a 
          statement of whether AT&T Wireless has deployed a 
          compliant Phase II technology at 6,000 cell sites;

               (9) for the June 30, 2004 benchmark, a statement 
          of whether AT&T Wireless has deployed a compliant Phase 
          II technology at 8,000 cell sites; and

               (10) for any valid PSAP request received after 
          September 30, 2002, a statement of whether AT&T 
          Wireless has provided its Phase II compliant service to 
          50% of those PSAPs' coverage areas or population within 
          six months of receipt of the request and to 100% of 
          those PSAPs' coverage areas or population within 15 
          months of receipt of the request. 

          (c)  AT&T Wireless must support each Quarterly Report 
with an affidavit, from an officer or director of AT&T Wireless, 
attesting to the truth and accuracy of the report.19

          (d)  To the extent  AT&T Wireless  anticipates that  it 
will fail to satisfy  any one of the  conditions, it must  advise 
the  Commission  of  the  problem.   Seeking  relief  from   that 
condition  will  not   insulate  AT&T   Wireless  from   possible 
enforcement in cases where AT&T Wireless has violated a condition 
of this Consent Decree.  AT&T Wireless agrees that the Commission 
will not  entertain  requests  for additional  relief  that  seek 
changes  in  the  conditions   of  this  Consent  Decree   absent 
extraordinary circumstances.  

          (e)  To the extent  that AT&T  Wireless cannot  provide 
the  information  required  under  this  paragraph  in  its  next 
Quarterly Report following the respective benchmark, it must file 
with the Chief,  Enforcement Bureau, a  request for extension  of 
time to  file the  required information.   Such request  must  be 
filed as early  as possible  before the  Quarterly Report  filing 
date, but not later than 10 business days prior to the  Quarterly 
Report filing date.  The request must specify the reasons for the 
request.

          (f)  AT&T Wireless's Quarterly Reports are due February 
1, May 1, August 1, and November 1 of each year, beginning August 
1, 2002 and continuing  through February 1,  2006. To the  extent 
that AT&T Wireless cannot provide any of the information filed in 
its final  report,  it  must file  with  the  Chief,  Enforcement 
Bureau, a  request for  extension of  time to  file the  required 
information in accordance with the procedures set forth above.

     23.       The Parties agree that the Chiefs of the  Wireless 
Telecommunications Bureau and the Enforcement Bureau may  require 
AT&T Wireless to provide additional information in its  Quarterly 
Reports, in order to evaluate AT&T Wireless's compliance with the 
terms and conditions of the  Consent Decree, and its progress  in 
deploying Phase I and Phase II E911 services.

     24.       To the extent unexpected problems arise  affecting 
AT&T Wireless's ability  to perform any  of the requirements  set 
forth in  paragraph 12(a)  in the  period between  reports,  AT&T 
Wireless agrees to notify the Commission through a  supplementary 
filing to be filed within 30 days of AT&T Wireless's discovery of 
the problem.   This  supplemental filing  must  include  specific 
details regarding  the  problems AT&T  Wireless  has  encountered 
affecting its ability to comply with the benchmark requirements.

     25.       AT&T Wireless agrees that it is required to comply 
with each individual condition of this Consent Decree,  including 
the  reporting  requirements  set  forth  above.   Each  specific 
condition and Quarterly  Report is  a separate  condition of  the 
Consent Decree as approved.   In addition, AT&T Wireless  remains 
subject to all  other requirements of  the Commission's  wireless 
E911 rules apart from those specifically modified in this Consent 
Decree,  and   ultimately  responsible   for  providing   timely, 
compliant Phase II  service.  To  the extent  that AT&T  Wireless 
fails to satisfy any condition or Commission rule, in the absence 
of Commission alteration  of the  condition or rule,  it will  be 
deemed noncompliant and referred to the Commission's  Enforcement 
Bureau  for  possible  action,  including  but  not  limited   to 
revocation of the relief, a requirement to deploy an  alternative 
ALI technology, letters of admonishment or forfeitures.  At  that 
time, an assertion  that a vendor,  manufacturer or other  entity 
was  unable  to  supply   compliant  products  will  not   excuse 
noncompliance.  However, AT&T Wireless's ``concrete and  timely'' 
actions taken with a vendor, manufacturer or other entity may  be 
considered as possible mitigation factors in such an  enforcement 
context.  To  the  extent that  the  Commission, in  response  to 
petitions  for  reconsideration  pending   in  Revision  of   the 
Commission's Rules  to  Ensure Compatibility  with  Enhanced  911 
Emergency  Calling  Systems,   Request  for   Waiver  by   Nextel 
Communications, Inc., 16  FCC Rcd 18277  (2001), Revision of  the 
Commission's Rules  to  Ensure Compatibility  with  Enhanced  911 
Emergency  Calling  Systems,  Request  for  Waiver  by   Cingular 
Wireless LLC,  16  FCC  Rcd  18305 (2001),  or  Revision  of  the 
Commission's Rules  to  Ensure Compatibility  with  Enhanced  911 
Emergency  Calling  Systems,  Request   for  Waiver  by   Verizon 
Wireless, 16  FCC Rcd  18364 (2001),  or in  connection with  any 
court order on  review of those  proceedings, imposes a  standard 
regarding compliance  and enforcement  action that  is  different 
than set forth in this  Consent Decree, that subsequent  standard 
shall apply.

     26.       AT&T  Wireless   agrees   to  make   a   voluntary 
contribution to the United States  Treasury in the amount of  One 
Hundred Thousand Dollars ($100,000) within thirty (30) days after 
the effective date  of the  Adopting Order.   AT&T Wireless  will 
make this  contribution without  further protest  or recourse  by 
mailing a check or  similar instrument, payable  to the order  of 
the   Federal   Communications   Commission,   to   the   Federal 
Communications Commission, Forfeiture Collection Section, Finance 
Branch,  P.O.  Box  73482,  Chicago,  Illinois  60673-7482.   The 
payment should reference NAL/Acct. No. 200232100003 and FRN 0003-
7665-32.

     27.       The FCC agrees that it will not institute, on  its 
own motion, any new proceeding,  formal or informal, or take  any 
action on its own motion  against AT&T Wireless for violation  of 
the E911 Phase II rules for its TDMA or TDMA/AMPS network  except 
as consistent with  the provisions of  this Consent Decree.   The 
FCC also agrees  that, in  the absence of  material new  evidence 
related to this matter,  it will not use  the facts developed  in 
this proceeding through the effective date of this Consent Decree 
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  AT&T Wireless with  respect to its  basic 
qualifications, including the character  qualifications, to be  a 
Commission  licensee.   Nothing  in  this  Consent  Decree  shall 
prevent  the   FCC  from   instituting  new   investigations   or 
enforcement  proceedings  against   AT&T  Wireless  pursuant   to 
Sections 4(i), 403 and 503 of the Act, 47 U.S.C.  4(i), 403 and 
503, in the event of any alleged future misconduct, for violation 
of this Consent  Decree, or for  violation of the  E911 Phase  II 
rules consistent with the provisions of this Consent Decree.

     28.       Nothing in this Consent  Decree shall prevent  the 
FCC from adjudicating complaints filed pursuant to Section 208 of 
the  Act,  47  U.S.C.    208,  against  AT&T  Wireless  or   its 
subsidiaries for alleged violations of Section 20.18 of the Rules 
as modified by  this Consent  Decree, or  for any  other type  of 
alleged misconduct,  regardless  of  when  such  misconduct  took 
place.  If any such complaint is made, the FCC's adjudication  of 
that complaint will be  based solely on  the record developed  in 
that proceeding. 

     29.       AT&T Wireless  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 
Adopting Order adopts the Consent Decree without change, addition 
or modification.

     30.       If either Party (or the United States on behalf of 
the FCC) brings  a judicial action  to enforce the  terms of  the 
Adopting Order, neither AT&T Wireless  nor the FCC shall  contest 
the validity of the  Consent Decree or  Adopting Order, and  AT&T 
Wireless and the FCC shall waive  any statutory right to a  trial 
de novo with respect to any matter upon which the Adopting  Order 
is based and shall consent to a judgment incorporating the  terms 
of this Consent Decree.

     31.       AT&T Wireless agrees  to waive any  claims it  may 
otherwise have under the Equal Access to Justice Act, 5 U.S.C.   
504 and  47 C.F.R.   1.1501  et seq.,  relating to  the  matters 
discussed in this Consent Decree.

     32.       In the event that this Consent Decree is  rendered 
invalid by  any court  of  competent jurisdiction,  this  Consent 
Decree shall become  null and  void and may  not be  used in  any 
manner in any legal proceeding.

     33.       The Parties 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  requirements of  the Act  and the  Rules, 
including Section 20.18  of the  Rules.  The  Parties agree  that 
this Consent Decree is for  settlement purposes only and that  by 
agreeing to this Consent Decree, AT&T Wireless does not admit any 
liability for violating Commission  rules in connection with  the 
matters that are the subject of this Consent Decree.

     34.       The  Parties  agree  that  any  provision  of  the 
Consent Decree  that  would  require  AT&T  Wireless  to  act  in 
violation of a  future rule  or order adopted  by the  Commission 
will be superseded  by such  Commission rule or  order.  In  this 
regard, the Parties agree that any Commission rule or order  that 
is more  stringent  than  any provision  of  the  Consent  Decree 
supersedes such provision of the Consent Decree.

     35.       This Consent Decree may be signed in counterparts.


For the Federal Communications Commission         For AT&T 
Wireless Services, Inc.


______________________________                    
______________________________
Marlene H. Dortch                            Douglas I. Brandon
Secretary                               Vice President, External 
Affairs & Law                                     
______________________________                    
______________________________
Date                                    Date



_________________________

  1 47 C.F.R.  20.18.

  2 47 U.S.C.  154(i), 154(j) and 503(b).

  3   See  Revision   of  the   Commission's  Rules   to   Ensure 
Compatibility with  Enhanced 911  Emergency Calling  Systems,  CC 
Docket No.  94-102,  Report  and  Order  and  Further  Notice  of 
Proposed Rulemaking, 11 FCC Rcd 18676 (1996).

  4 47 C.F.R.  20.18(h)(2).

  5 47 C.F.R.  20.18(g).

  6 47 C.F.R.  20.18(h)(1).

  7 47 C.F.R.  20.18(i).

  8 AT&T  Wireless Services, Inc. Amended  E911 Phase II  Report, 
at 7 (December 6, 2000).

  9 Id.

  10  AT&T Wireless  Services, Inc.,  Request for  Waiver of  the 
E911 Phase  II Location  Technology Implementation  Rules,  filed 
April 4, 2001.

  11 Letter  from Douglas I. Brandon,  Vice President -  External 
Affairs & Law,  AT&T Wireless  Services, Inc.  to Thomas  Sugrue, 
Chief, Wireless Telecommunications Bureau, Federal Communications 
Commission, CC Docket No. 94-102, filed September 17, 2001.

  12 Public  Notice, ``WTB Seeks Comment  on Wireless E911  Phase 
II Waiver Request  Filed By  AT&T Wireless  Services, Inc.,''  CC 
Docket No. 94-102, 16  FCC Rcd 7890  (WTB, 2001); Public  Notice, 
``WTB Seeks  Comment on  Wireless E911  Phase II  Waiver  Request 
Filed by AT&T Wireless Services, Inc.'' CC Docket No. 94-102,  16 
FCC Rcd 16820 (WTB, 2001).

  13 Revision of  the Commission's Rules to Ensure  Compatibility 
with Enhanced 911  Emergency Calling Systems,  CC Docket No.  94-
102, Order, 16 FCC Rcd 18253 (2001).

  14 Because AT&T Wireless represents that it expects to have  no 
analog-only customers by the end  of 2001, except for a  relative 
handful of  customers who  are highly-resistant  to migrating  to 
digital  service,  on  the  basis  of  this  representation,  the 
Commission agrees not to  investigate AT&T Wireless for  possible 
violation of the E911 Phase II Rules for its analog-only network.  
See Partial Response of AT&T Wireless Services, Inc. to Order  of 
the Wireless Telecommunications Bureau, CC Docket No. 94-102 at 3 
(May 30, 2001).

  15 These requirements are  in addition to, and not in lieu  of, 
the Quarterly Report  requirements set forth  in the October  12, 
2001 order approving AT&T  Wireless's compliance plan and  waiver 
request for its GSM network.  AT&T Wireless may, however, combine 
the information required with respect to its GSM network and  its 
TDMA/AMPS networks into a single Quarterly Report.

  16  Each  of  the  conditions  imposed  on  AT&T  Wireless   as 
described in this Consent Decree pertains only to AT&T Wireless's 
TDMA and TDMA/AMPS network.

  17 AT&T  Wireless should serve the  Executive Director of  each 
organization as well as its  counsel, to the extent such  counsel 
has been identified in the record in response to AT&T  Wireless's 
request for relief.

  18 See .

  19 See  47 C.F.R.  1.16.   As required by Section  20.18(h)(1) 
of  the   Commission's  Rules,   AT&T  Wireless's   network-based 
technology for delivering E911 Phase II location information must 
meet the following standards  for location accuracy:  100  meters 
for 67 percent  of calls,  300 meters  for 95  percent of  calls.  
AT&T Wireless will derive  its network-wide location accuracy  by 
selecting the 67 percent and  95 percent accuracy numbers from  a 
set of test data weighted in accordance with OET Bulletin No. 71, 
Guidelines for  Testing and  Verifying the  Accuracy of  Wireless 
E911 Location Systems, Apr. 12, 2000.