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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-018
                                )     NAL/Acct.          No. 
200232100002
                                )     FRN 0003-7665-32
                                      

                            ORDER

Adopted:  October 8, 2002               Released:    October 
9, 2002

By the Commission:

     1.        In this Order, we adopt a Consent Decree 
terminating the above-captioned proceeding1 regarding 
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''),2 Sections 1.17 and 1.65 of the Rules,3 and the 
supplemental filing requirement set forth in the Commission 
order granting AT&T Wireless a waiver of the E911 Phase II 
rules for its Global System for Mobile 
Communications/General Packet Radio Service network.4
     2.        The Commission and AT&T Wireless have 
negotiated the terms of a Consent Decree that would resolve 
this matter and terminate the above-captioned proceeding.  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 above-
captioned proceeding.
     5.        Accordingly, IT IS ORDERED, pursuant to 
Sections 4(i), 4(j) and 503(b) of the Communications Act of 
1934, as amended,5 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. 
200232100002 and FRN 0003-7665-32.
     7.        IT IS FURTHER ORDERED that the May 20, 2002 
Notice of Apparent Liability for Forfeiture issued to AT&T 
Wireless Services, Inc. IS CANCELLED and the above-captioned 
proceeding 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, Sections 1.17 and 1.65  of 
the Commission's  Rules, 47  C.F.R.   1.17  and 1.65,  and  the 
supplemental filing requirement set forth in the Commission order 
granting AT&T Wireless a waiver  of the E911 Phase II  provisions 
for its Global  System for  Mobile Communications/General  Packet 
Radio Service (``GSM'') network.

                       Statement of Facts

     9.        On October 2, 2001, the Commission adopted an 
order approving AT&T Wireless's plan to deploy a hybrid network 
and handset-based technology called Enhanced Observed Time 
Difference of Arrival (``E-OTD'') across its planned Global 
System for Mobile Communications/General Packet Radio Service 
network and granting AT&T Wireless a temporary, conditional 
waiver of the accuracy requirements for handset-based location 
technologies to permit implementation of this plan.6  The 
Commission granted AT&T Wireless's waiver request subject to the 
following four specific conditions:  (1) that, effective October 
1, 2001, all E-OTD-capable handsets provide ALI with an accuracy 
of 100 meters/67 percent of calls and 300 meters/95 percent of 
calls; (2) that all E-OTD-capable handsets sold and activated on 
or after October 1, 2003 comply with an accuracy of 50 meters/67 
percent of calls and 150 meters/95 percent of calls; (3) that 
AT&T Wireless file Quarterly Reports on its progress and 
compliance with the terms and conditions of its implementation 
plan and the E911 rules beginning February 1, 2002 and continuing 
through November 1, 2003; and (4) that, in the event that its E-
OTD solution fails to comply with the accuracy requirements by 
October 1, 2003, AT&T Wireless propose a solution that does 
comply with those requirements and the other applicable Phase II 
rules.  The Commission also directed AT&T Wireless to make a 
supplemental filing notifying the Commission to the extent that 
unexpected problems affecting its ability to perform arise in the 
period between Quarterly Reports. 
     10.       On May 20, 2002, the Commission released a Notice 
of Apparent Liability for Forfeiture  (``NAL'') following an 
investigation into whether AT&T Wireless violated the E911 Phase 
II rules with respect to its GSM network and whether AT&T 
Wireless made inaccurate statements in its request for a waiver 
of the E911 Phase II rules for its GSM network.7  The NAL found 
AT&T Wireless apparently liable for a $2.2 million forfeiture 
for:  (1) apparently failing to begin selling and activating 
location-capable handsets by October 1, 2001, in willful and 
repeated violation of Section 20.18(g)(1)(i) of the Commission's 
Rules; (2) apparently failing to implement any network or 
infrastructure upgrades necessary to provide E911 Phase II 
service and begin providing service within six months of a valid 
request by a Public Safety Answering Point or by October 1, 2001, 
whichever is later, in willful and repeated violation of Section 
20.18(g)(2) of the Commission's Rules; (3) apparently failing to 
notify the Commission within 30 days that information contained 
in its E911 waiver request was no longer substantially accurate 
or complete in all respects, in willful and repeated violation of 
Section 1.65 of the Commission's Rules; and (4) apparently 
failing to make a supplementary filing notifying the Commission 
that it was not going to comply with the deployment schedule 
requirements set forth in the E911 rules in willful and repeated 
violation of the GSM Waiver Order.  The NAL also noted that the 
Enforcement Bureau was continuing to investigate this matter to 
determine whether AT&T Wireless may have engaged in 
misrepresentation in violation of Section 1.17 of the 
Commission's Rules.  AT&T Wireless filed a response to the NAL on 
June 19, 2002.8
                       Terms of Settlement

     11.       For the purposes of this Consent Decree and the 
attached Compliance Plan, 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.
          (i)  ``Deploy'' means installation at the cell site  of 
               all hardware and  base release software  necessary 
               to provide Phase II service. 

     12.       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.
     13.       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.
     14.       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.
     15.       The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between AT&T 
Wireless and the FCC regarding the possible violations addressed 
in the NAL of the E911 Phase II rules for its GSM network, 
Sections 1.17 and 1.65 of the Rules, and the supplemental filing 
requirement set forth in the GSM Waiver Order.  In consideration 
for termination by the Commission of its investigation into 
whether AT&T Wireless has violated the E911 Phase II rules for 
its GSM network, Sections 1.17 and 1.65 of the Rules, and the 
supplemental filing requirement set forth in the GSM Waiver Order 
and for cancellation of the NAL, and in accordance with the terms 
of this Consent Decree, AT&T Wireless agrees to the terms set 
forth herein and in the accompanying and incorporated Compliance 
Plan.  To ensure AT&T Wireless's future compliance with the Act 
and the Commission's rules, AT&T Wireless agrees, effective 
thirty days after the release of the Order, to implement the 
specific measures contained in the attached Compliance Plan.
     16.       In express reliance on the covenants and 
representations in this Consent Decree, the FCC agrees to 
terminate its investigation into whether AT&T Wireless has 
violated the E911 Phase II rules for its GSM network, Sections 
1.17 and 1.65 of the Rules, and the supplemental filing 
requirement set forth in the GSM Waiver Order as addressed in the 
NAL and to cancel the NAL.
     17.       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 on its GSM  network 
               by January 31, 2003.9  In meeting this  benchmark, 
               AT&T Wireless  must  give priority  to  fulfilling 
               pending PSAP requests first.

               (2)  To deploy a Phase II compliant technology  at 
               a minimum of 2,000 cell  sites on its GSM  network 
               by March  31, 2003.   In meeting  this  benchmark, 
               AT&T Wireless  must  give priority  to  fulfilling 
               pending PSAP requests first.

               (3)  To deploy a Phase II compliant technology  at 
               a minimum of 4,000 cell  sites on its GSM  network 
               and provide  Phase II  service at  2,000 of  these 
               sites  by  June   30,  2003.    In  meeting   this 
               benchmark, AT&T  Wireless  must give  priority  to 
               fulfilling pending PSAP requests first.

               (4)  To deploy a Phase II compliant technology  at 
               a minimum of 6,000 cell  sites on its GSM  network 
               by December 31, 2003, if necessary to meet a valid 
               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 on its GSM  network 
               by June 30,  2004, if  necessary to  meet a  valid 
               PSAP request pending  more than six  months as  of 
               that date.

               (6)  For  any valid  PSAP  requests for  Phase  II 
               service  on  its  GSM  network  received  by  AT&T 
               Wireless on  or before  September 30,  2002,  AT&T 
               Wireless  must  provide  its  Phase  II  compliant 
               solution to 100% of those PSAPs' coverage areas or 
               population by November 30, 2003.

               (7)   For  valid  PSAP  requests  received   after 
               September 30,  2002, but  on or  before April  30, 
               2003, AT&T  Wireless  must provide  its  Phase  II 
               compliant solution to 50% of those PSAPs' coverage 
               areas or population by  November 30, 2003, and  to 
               100% of those PSAPs' coverage areas or  population 
               by June 30, 2004.

               (8)  For valid PSAP requests received after  April 
               30, 2003, 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.10

          (d)  Fourth, in  any  market where  AT&T  Wireless  has 
received a  valid  PSAP request  and  has not  yet  deployed  its 
network-based solution,  when  100  percent of  new  digital  GSM 
handsets being activated by  AT&T Wireless are location  capable, 
AT&T  Wireless  may   satisfy  that  request  using  a  Phase  II 
compliant handset-based  technology  to  provide  Phase  II  E911 
service instead of its network-based technology.

          (e)  Fifth, AT&T Wireless agrees  that in the event  it 
fails to comply with any of the benchmarks set forth in paragraph 
9(a)(1) through (5), it will make a voluntary contribution to the 
United States Treasury in  the amount of  $450,000 for the  first 
missed benchmark, $900,000  for the second  missed benchmark  and 
$1,800,000 for the  third missed benchmark  and any  subsequently 
missed benchmarks.  Any such voluntary contribution will be  made 
within thirty (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. 200232100002, 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 10-12, infra.11

          (g)  Seventh, with  its   November  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 GSM network.

     18.       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 regarding its 
GSM network.12
     19.       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 GSM 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 GSM network received after April 30, 
2003 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.13  In addition, the Commission 
will post this information on its website.14  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 
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 has 
               commenced offering service on its GSM network and, 
               if so, on what date it began offering its GSM 
               service; 

               (2) a statement of whether AT&T Wireless's 
               network-based technology for delivering E911 Phase 
               II location information meets the Commission's 
               network-based accuracy requirements of 100 meters 
               for 67 percent of calls and 300 meters for 95 
               percent of calls;

               (3) for the January 31, 2003 benchmark, a 
               statement of whether AT&T Wireless has deployed a 
               Phase II compliant technology at 1,000 cell sites, 
               giving priority to fulfilling pending PSAP 
               requests, and identifying the 1,000 cell sites;

               (4) for the March 31, 2003 benchmark, a statement 
               of whether AT&T Wireless has deployed a Phase II 
               compliant technology at  2,000 cell sites, giving 
               priority to fulfilling pending PSAP requests, and 
               identifying the 2,000 cell sites;

               (5) for the June 30, 2003 benchmarks, a statement 
               of (i) whether AT&T Wireless has deployed a Phase 
               II compliant technology at  4,000 cell sites, 
               giving priority to fulfilling pending PSAP 
               requests, and identifying the 4,000 cell sites, 
               and (ii) whether AT&T Wireless is providing Phase 
               II service at 2,000 of these sites, and 
               identifying the 2,000 cell sites; 

               (6)  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;

               (7)  for the June 30, 2004 benchmark in paragraph 
               9(a)(5), a statement of whether AT&T Wireless has 
               deployed a compliant Phase II technology at 8,000 
               cell sites; 

               (8)  for the June 30, 2004 benchmark in paragraph 
               9(a)(7), a statement of whether, for any valid 
               PSAP requests for Phase II service on its GSM 
               network received by AT&T Wireless after September 
               30, 2002, but on or before April 30, 2003, AT&T 
               Wireless has provided its Phase II compliant 
               solution to 100% of those PSAPs' coverage areas or 
               population; and

               (9)  for any valid PSAP request received after 
               April 30, 2003, 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.15

          (d)  In  addition  to  the  requirements  of  paragraph 
11(b), AT&T Wireless must notify the Commission of the results of 
its validation  tests of  its network-based  location  technology 
within 30  days  of  completion.  Further,  to  the  extent  AT&T 
Wireless anticipates that it will fail to satisfy any one of  the 
conditions herein,  it also  must advise  the Commission  of  the 
problem within 30 days.  Seeking relief from that condition  will 
not, in  and  of itself,  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)  AT&T Wireless must also file a supplemental report 
on December  15,  2003  containing, for  the  November  30,  2003 
benchmark, statements of whether: (i) for any valid PSAP requests 
for Phase II service on its GSM network received by AT&T Wireless 
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;  and (ii)  for any valid  PSAP requests  for 
Phase II service  on its  GSM network received  by AT&T  Wireless 
after September 30, 2002, but on  or before April 30, 2003,  AT&T 
Wireless has provided its Phase  II compliant solution to 50%  of 
those PSAPs' coverage areas or population. 

          (f)  To the  extent 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 
generally no later than 10  business days prior to the  Quarterly 
Report filing date.  The request must specify the reasons for the 
request.

          (g)  AT&T Wireless's Quarterly Reports are due February 
1, May  1, August  1,  and November  1  of each  year,  beginning 
November 1, 2002 and continuing through February 1, 2006.  To the 
extent that AT&T Wireless cannot  provide any of the  information 
required 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.

     20.       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' compliance with the 
terms and conditions of the Consent Decree, and its progress in 
deploying Phase I and Phase II E911 services.
     21.       To the extent unexpected problems arise affecting 
AT&T Wireless's ability to perform any of the requirements set 
forth in paragraph 9(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.
     22.       As of the effective date hereof, this Consent 
Decree shall supersede the GSM Waiver Order and the requirements 
contained therein and such Order and requirements shall be of no 
force or effect.
     23.       The Parties agree that the terms of the 
accompanying Compliance Plan are incorporated into this Consent 
Decree.
     24.       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 and the terms of the 
accompanying Compliance Plan.  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.
     25.       AT&T Wireless agrees to make a voluntary 
contribution to the United States Treasury in the amount of Two 
Million Dollars ($2,000,000) within thirty (30) days after the 
Effective Date.  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. 
200232100002 and FRN 0003-7665-32.
     26.       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 the possible 
violations addressed in the NAL of the E911 Phase II rules for 
its GSM network, Sections 1.17 and 1.65 of the Rules, and the 
supplemental filing requirement set forth in the GSM Waiver 
Order.  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.
     27.       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. 
     28.       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.
     29.       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.
     30.       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.
     31.       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.
     32.       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 Sections 1.17, 1.65 and  20.18 of the Rules, and the 
supplemental filing requirement set forth in the GSM Waiver 
Order.  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 or deny any liability for 
violating Commission rules in connection with the matters that 
are the subject of this Consent Decree.
     33.       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.     34.        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

                         COMPLIANCE PLAN

1.   Compliance Officer.  Within 30 days of the Effective Date, 
AT&T Wireless will appoint an E911 Compliance Officer 
(``Compliance Officer''), who will administer the compliance 
program described below.  The Compliance Officer also will 
supervise AT&T Wireless's compliance with the FCC's E911 rules 
and the requirements of this consent decree, including the need 
to keep the FCC apprised in a timely manner of developments 
affecting compliance with all E911 rules and requirements.

2.   Written Advisory.  Within 60 days of the Effective Date, the 
Compliance Officer will send a written advisory on the E911 
rules, the requirements of this consent decree, and sections 1.17 
and 1.65 of the FCC's rules to (1) each officer of AT&T Wireless, 
(2) each employee in AT&T Wireless's External Affairs Group, and 
(3) all employees, contractors, consultants, and any other 
persons or entities associated with AT&T Wireless who have or 
will have E911-related responsibilities for or on behalf of AT&T 
Wireless.  The written advisory shall be substantially in the 
form of Attachment A hereto.

3.   Non-Compliance Admonition.  Distributed with the advisory 
shall be a written admonition that (1) non-compliance with the 
FCC's E911 rules, this consent decree, or section 1.17 or 1.65 of 
the FCC's rules in connection with AT&T Wireless's E911 
deployment, or (2) the failure to report information about non-
compliance or possible non-compliance to the Compliance Officer 
within ten (10) business days after receiving such information, 
will result, in every case, in disciplinary action, which may 
include dismissal.  Not later than twenty (20) days after a 
person begins performance of his or her duties as an officer of 
AT&T Wireless, AT&T Wireless External Affairs employee, or other 
covered employee, AT&T Wireless shall provide that person with a 
copy of the advisory and accompanying admonition.

4.   Semi-Annual Meetings.  The Compliance Officer will meet not 
less than twice a year with all AT&T Wireless personnel 
materially involved in E911 compliance to review and explain the 
FCC's E911 rules, the FCC's rules regarding truthful statements 
and the obligation to maintain the accuracy and completeness of 
any pending FCC application, and the requirements of this consent 
decree.  AT&T Wireless will maintain written certification from 
each covered employee certifying that he or she has attended the 
meeting(s), received the advisory and accompanying admonition, 
and understands AT&T Wireless's obligations to comply with such 
rules and requirements.

5.   Quarterly Report Verification.  AT&T Wireless will institute 
a requirement that any employee who signs and submits a quarterly 
report or other required filing regarding E911 compliance on 
behalf of AT&T Wireless confer with the Compliance Officer to 
discuss compliance with the FCC's E911 rules, the requirements of 
this consent decree, and sections 1.17 and 1.65 of the FCC's 
rules before signing and submitting such report or other filing.

6.   List of Employees Verifying Information in Quarterly 
Reports.  AT&T Wireless will maintain a list of those employees 
who, after the effective date of this consent decree, verify the 
factual assertions contained in a quarterly report or other 
required filing regarding E911 compliance.  The list will specify 
which reports or other filings, or portions of reports or 
filings, the employee verified.

7.   Quarterly Report Statement.  AT&T Wireless will require that 
any quarterly report or other required filing regarding E911 
compliance signed by an employee include a statement that the 
employee has attended the semi-annual compliance meeting(s), 
received the advisory and accompanying admonition, and 
understands AT&T Wireless's obligations to comply with all E911 
rules, the requirements of this consent decree, and sections 1.17 
and 1.65 of the FCC's rules.

8.   Compliance Tracking.  AT&T Wireless will assign a manager in 
its External Affairs Group the responsibility of tracking 
compliance with the requirements above, including the maintenance 
of records documenting such compliance.

9.   Disciplinary Action.  If, after an internal investigation 
and based upon a preponderance of the evidence, AT&T Wireless 
concludes that one of its employees has intentionally made any 
misrepresentation, or engaged in any willful material omission in 
any submission to the FCC, either orally or in writing, AT&T 
Wireless will take appropriate disciplinary action, up to and 
including dismissal.
                          ATTACHMENT A

                         FCC E911 RULES

                        IMPORTANT NOTICE

Non-compliance with the FCC's E911 rules, the GSM Consent Decree, 
or section 1.17 or 1.65 of the FCC's rules, or the failure to 
report information about non-compliance or possible non-
compliance to the Compliance Officer within ten (10) business 
days after receiving such information, will result, in every 
case, in disciplinary action, which may include dismissal.  

 FCC Phase II E911 Rules.  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.

     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.  A carrier using a handset-based solution must begin 
     to offer one entry-level model with location capability no 
     later than October 1, 2001, and must ensure that 95 percent 
     of its customers have location-capable handsets no later 
     than December 31, 2005.

     Network-based location technologies must provide 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.  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.

 GSM Consent Decree Deployment and Service Requirements.  Under 
  the terms of the Consent Decree entered into by AWS and the 
  FCC to resolve possible violations by AWS of the FCC's E911 
  Phase II rules for its GSM network, AWS must deploy a Phase II 
  compliant technology in accordance with the following 
  schedule:

     A minimum of 1,000 cell sites on its GSM network by January 
     31, 2003, giving priority to fulfilling pending PSAP 
     requests first.

     A minimum of 2,000 cell sites on its GSM network by March 
     31, 2003, giving priority to fulfilling pending PSAP 
     requests first.

     A minimum of 4,000 cell sites, with service to 2,000 of 
     those sites, by June 30, 2003, giving priority to fulfilling 
     pending PSAP requests first.

     A minimum of 6,000 cell sites on its GSM network by December 
     31, 2003, if necessary to meet a valid PSAP request pending 
     more than six months as of that date.

     A minimum of 8,000 cell sites on its GSM network by June 30, 
     2004, if necessary to meet a valid PSAP request pending more 
     than six months as of that date.

     For any valid PSAP requests for Phase II service on its GSM 
     network received by AWS on or before September 30, 2002, 
     AT&T Wireless must provide its Phase II compliant solution 
     to 100% of those PSAPs' coverage areas or population by 
     November 30, 2003.

     For valid PSAP requests received after September 30, 2002, 
     but on or before April 30, 2003, AWS must provide its Phase 
     II compliant solution to 50% of those PSAPs' coverage areas 
     or population by November 30, 2003, and to 100% of those 
     PSAPs' coverage areas or population by June 30, 2004.

     For valid PSAP requests received after April 30, 2003, AWS 
     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.

     The Consent Decree specifies a number of reporting 
requirements.  

     AWS must file Quarterly Reports on its progress and 
     compliance with the terms and conditions of the Consent 
     Decree and the wireless E911 rules.  These Quarterly Reports 
     are due February 1, May 1, August 1, and November 1 of each 
     year, beginning November 1, 2002 and continuing through 
     February 1, 2006.  

     In addition, AWS must file a supplemental report on December 
     15, 2003 regarding its progress in meeting the November 30, 
     2003 benchmarks described above.  

     To the extent AT&T Wireless cannot provide the information 
     required in a 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 
     generally no later than 10 business days prior to the 
     Quarterly Report filing date.

     To the extent AWS anticipates that it will fail to satisfy 
     any one of the conditions in the Consent Decree, it must 
     advise the Commission of the problem within 30 days.  

     To the extent unexpected problems arise affecting AWS' 
     ability to perform any of the deployment or service 
     requirements in the Consent Decree in the period between 
     reports, AT&T Wireless agrees to notify the Commission 
     through a supplementary filing to be filed within 30 days of 
     AWS discovery of the problem.  This supplemental filing must 
     include specific details regarding the problems AWS has 
     encountered affecting its ability to comply with the 
     benchmark requirements.

 Truthful Written Statements to FCC.  Under section 1.17 of the 
  FCC's rules, AWS may not make any misrepresentation or willful 
  material omission in any response to any FCC correspondence or 
  inquiry or in any application, pleading, report or any other 
  written statement submitted to the FCC.

 Continuing Accuracy and Completeness of Information Furnished 
  to FCC.  Under section 1.65 of the FCC's rules, AWS is 
  responsible for ensuring the continuing accuracy and 
  completeness of information provided to the FCC in a pending 
  application or in Commission proceedings involving a pending 
  application.  If the information in a pending application is 
  no longer substantially accurate and complete in all 
  significant respects, AWS must amend the pending application 
  to provide additional or corrected information as promptly as 
  possible and in any event within 30 days.  If there is a 
  substantial change as to any other matter that may be 
  significant to the FCC, AWS must submit a statement furnishing 
  additional or corrected information as promptly as possible 
  and in any event within 30 days.

 E911 Compliance Officer.  AWS has appointed [name, title] to 
  serve as its E911 Compliance Officer, who can be reached at 
  [contact information].  The E911 Compliance Officer supervises 
  AWS' compliance with the FCC's E911 rules and the GSM Consent 
  Decree, including the need to keep the FCC apprised in a 
  timely manner of developments affecting compliance with all 
  E911 rules and requirements.  Any officer, employee, 
  contractor, consultant or any other person or entity 
  associated with AWS who has E911-related responsibilities for 
  or on behalf of AWS must notify the E911 Compliance Officer 
  within ten (10) business days if he or she receives any 
  information about non-compliance or possible non-compliance 
  with the FCC's E911 rules, the GSM Consent Decree, or sections 
  1.17 or 1.65 of the FCC's rules in connection with AWS' E911 
  deployment.  



_________________________

   1  AT&T  Wireless  Services,  Inc.,  Notice  of  Apparent 
Liability for Forfeiture, 17 FCC Rcd 9903 (2002) (``NAL'').

   2 47 C.F.R.  20.18.

   3 47 C.F.R.  1.17 and 1.65.

   4  Revision   of  the   Commission's   Rules  to   Ensure 
Compatibility with  Enhanced 911 Emergency  Calling Systems, 
(Request  for Waiver  by AT&T  Wireless Services,  Inc.), CC 
Docket No. 94-102, 16 FCC Rcd 18253 (2001).

   5 47 U.S.C.  154(i), 154(j) and 503(b).

  6 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency Calling Systems, (Request for  Waiver 
by AT&T Wireless Services,  Inc.), CC Docket  No. 94-102, 16  FCC 
Rcd 18253 (2001) (``GSM Waiver Order'').

  7 AT&T Wireless Services, Inc., 17 FCC Rcd 9903 (2002).

  8 AT&T Wireless  Services, Inc. Response to Notice of  Apparent 
Liability, CC Docket 94-102 (filed June 19, 2002).

  9  AT&T Wireless  currently  plans to  employ  a  network-based 
location technology that has not yet been fully validated on AT&T 
Wireless's network,  but which  AT&T Wireless  currently  expects 
will meet the Phase II  accuracy requirements and for which  AT&T 
Wireless expects full validation in seven months.  AT&T  Wireless 
must report to the Commission the results of its validation tests 
within  30  days   of  completion  pursuant   to  the   reporting 
requirement of paragraph 11(d).  To the extent this network-based 
location technology does not  comply with the Commission's  Phase 
II accuracy  requirements, AT&T  must request  approval from  the 
Commission to employ an alternative location technology that does 
comply with those requirements.  See infra paragraph 11(d).

  10  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 
standard for  location accuracy:  100 meters  for 67  percent  of 
calls, 300 meters for 95 percent  of calls.  If AT&T Wireless  is 
required to use   the E-OTD  technology in  the alternative,  see 
supra n. 9, that technology will meet the following standards for 
location accuracy:   initially,  100  meters for  67  percent  of 
calls, 300 meters for 95 percent of calls; after October 1, 2003, 
50 meters for 67 percent of  calls, 150 meters for 95 percent  of 
calls.  Regardless  of the  technology used,  AT&T Wireless  will 
derive  its  network-wide   location  accuracy  measurements   by 
selecting the 67  percent and  95 percent  accuracy numbers  from 
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.  AT&T Wireless's  location 
accuracy testing should be consistent with the guidelines in  OET 
Bulletin No. 71, which states that accuracy testing may be  based 
on the  coverage  areas of  local  PSAPs that  request  Phase  II 
deployment or the wireless  carrier's entire advertised  coverage 
area within a metropolitan area.

  11  These requirements  are in  lieu  of the  Quarterly  Report 
requirements set forth in the October 12, 2001 GSM Waiver  Order, 
but are  in addition  to the  Quarterly Report  requirements  set 
forth in the June  18, 2002 TDMA  Consent Decree.  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.

  12  Each  of  the  conditions  imposed  on  AT&T  Wireless   as 
described in this Consent Decree pertains only to AT&T Wireless's 
GSM network.

  13 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.

  14 See .

  15 See 47 CFR 1.16.