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

In the Matter of                )
                                )
Motorola, Inc.                  )    File No.  EB-02-TS-644
                                )
                                )    NAL/Acct. No.  200332100001
                               )     
                               )     FRN 0007-3504-40

                              ORDER

Adopted:  February 20, 2003             Released:   February  21, 
2003

By the Chief, Enforcement Bureau:

     1.        In this Order, we adopt the attached Consent 
Decree entered into between the Enforcement Bureau and Motorola, 
Inc. (``Motorola'').  The Consent Decree terminates an 
investigation initiated by the Enforcement Bureau into Motorola's 
compliance with the 911 call processing procedures set forth in 
Section 22.921 of the Commission's Rules (``Rules'').  
     2.        The Enforcement Bureau and Motorola 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 
Motorola 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 believe that the public interest will be served by adopting 
the Consent Decree and terminating the investigation. 
     5.        Accordingly, IT IS ORDERED that, pursuant to 
Sections 4(i), 4(j), and 503(b) of the Communications Act of 
1934, as amended,1 and Sections 0.111 and 0.311 of the 
Commission's Rules,2 the Consent Decree attached to this Order IS 
ADOPTED.
     6.        IT IS FURTHER ORDERED that the Enforcement 
Bureau's investigation of Motorola IS TERMINATED.
     7.        IT IS FURTHER ORDERED that Motorola, Inc. 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 Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  The 
payment should note NAL/Acct. No. 200332100001 and FRN 0007-3504-
40.
     8.        IT IS FURTHER ORDERED that a copy of this Order 
and Consent Decree shall be sent by first class mail and 
certified mail, return receipt requested, to Mary E. Brooner, 
Esq., Director, Telecommunications Strategy and Regulation, 
Global Government Relations Office, Motorola, Inc., 1350 I 
Street, N.W., Suite 400, Washington, D.C. 20005, and to Robert 
Pettit, Esq., Wiley Rein & Fielding, 1776 K Street, N.W., 
Washington, D.C. 20006.
                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
                         CONSENT DECREE

     The  Enforcement  Bureau   of  the  Federal   Communications 
Commission and Motorola, Inc. (``Motorola'') hereby enter into  a 
Consent Decree resolving possible  violations by Motorola of  the 
911 call processing method rules  as set forth in Section  22.921 
of the Commission's Rules.3

                       Statement of Facts

     1.   Under Section 22.921 of the Commission's Rules, mobile 
phones manufactured after February 13, 2000 and capable of 
operating in an analog mode are required to use one or more of 
the 911 call system selection processes endorsed or approved by 
the Commission.  On September 22, 2002, Motorola filed a request 
for a waiver of Section 22.921 to permit continued shipment to a 
specific customer of two models of multi-mode mobile phones, 
models 120E and T720, which incorporate a call processing method 
not endorsed or approved by the Commission.4  Motorola stated 
that it began shipping these handsets on about September 5, 2002.  
In addition, Motorola filed a petition with the Commission 
seeking approval of its alternative call processing method under 
Section 22.921 of the Commission's Rules.5  On October 3, 2002, 
the Wireless Telecommunications Bureau granted Motorola a 
limited, interim waiver of Section 22.921 to permit continued 
shipment of the handsets incorporating the modified call 
completion method, subject to further review of the modified 
method.6  The Enforcement Bureau subsequently began an 
investigation into whether Motorola was in compliance with the 
requirements of Section 22.921 with respect to these two handset 
models.7  
                       Terms of Settlement

     2.   For purposes of this Consent Decree the following 
definitions shall apply:
          (a)  ``Commission'' or ``FCC'' means the Federal 
               Communications Commission;
          (b)  ``Bureau'' means the FCC's Enforcement Bureau:
          (c)  ``Parties'' means Motorola, Inc. and the 
               Commission;
          (d)  ``Motorola'' means Motorola, Inc., its 
               subsidiaries, affiliates and any successors or 
               assigns;
          (e)  ``Adopting Order'' means an order of the FCC 
               adopting this Consent Decree;
          (f)  ``Effective Date'' means the date on which the FCC 
               releases the Adopting Order;
          (g)  ``Final Order'' means the status of the Adopting 
               Order after the period for administrative and 
               judicial review has lapsed;
          (h)  ``Rules'' means the Commission's regulations found 
               in Title 47 of the Code of Federal Regulations;
          (i)  ``Act'' means the Communications Act of 1934, as 
               amended, 47 U.S.C.  151 et seq.

     3.   The Parties agree that the provisions of this Consent 
Decree shall be subject to final approval by the Bureau by 
incorporation of such provisions by reference in an Adopting 
Order.
     4.   The Parties agree that this Consent Decree shall become 
effective on the date on which the Bureau releases the Adopting 
Order.  Upon release, the Adopting Order and this Consent Decree 
shall have the same force and effect as any other orders of the 
Commission and any violation of the terms of this Consent Decree 
shall constitute a violation of a Commission order.
     5.   Motorola agrees that the Bureau has jurisdiction over 
the matters contained in this Consent Decree and the authority to 
enter into and adopt this Consent Decree.
     6.   The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement between Motorola and 
the Bureau regarding possible violations of the 911 call 
processing method rules for manufacture and distribution of 
wireless handset models 120E and T720 prior to September 20, 
2002.  In consideration for termination by the Bureau of its 
investigation into whether Motorola has violated the 911 call 
processing rules for its 120E and T720 model handsets and in 
accordance with the terms of this Consent Decree, Motorola agrees 
to the terms set forth herein.
     7.   In express reliance on the covenants and 
representations in this Consent Decree, the Bureau agrees to 
terminate its investigation without any finding of liability on 
the part of Motorola.
     8.   Motorola agrees that for phones capable of operating in 
analog mode that it sells in the United States it will comply 
with 911 call processing method rule as follows:
          (a)  First, Motorola  agrees that  it will  manufacture 
               handsets using one or more of the 911 call  system 
               selection processes  endorsed or  approved by  the 
               Commission,  or  handsets   that  have   otherwise 
               received FCC  approval to  incorporate a  modified 
               911 call completion method.

          (b)  Second,  Motorola   agrees  to   retrain   certain 
               critical organizations in  the Company,  including 
               its software developments groups for each cellular 
               and PCS system technology  in the U.S. market,  on 
               issues  related  to  the  Commission's  rules  and 
               regulations related to  emergency call  processing 
               including   assuring    alignment   of    customer 
               specifications  and  regulatory  requirements   at 
               early stages of new product development.  Motorola 
               would  also  retrain   its  technical   compliance 
               organization to ensure that regulatory  compliance 
               requirements are met at  each stage of  compliance 
               review for new product development.  This training 
               will  be  completed  within  six  months  of   the 
               effective date  of  this Consent  Decree  and,  in 
               addition,  further  reminder   training  will   be 
               conducted  within  eighteen  (18)  months  of  the 
               effective date of this Consent Decree.  

     9.   Motorola agrees that it is required to comply with each 
individual condition of this Consent Decree.  Each specific 
condition is a separate condition of the Consent Decree as 
approved.  To the extent that Motorola 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 may be subject to possible enforcement action, 
including but not limited to revocation of the relief, a 
requirement to deploy an alternative call processing technology, 
letters of admonishment or forfeitures.
     10.  Motorola agrees to make a voluntary contribution to the 
United States Treasury in the amount of Twenty Five Thousand 
Dollars ($25,000) per handset model referenced above for a total 
of Fifty Thousand Dollars ($50,000) within thirty (30) days after 
the effective date of the Adopting Order.  Motorola 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. 200332100001 and FCC Registration Number 
0007-3504-40.
     11.  The Bureau 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 Motorola for any alleged 
violation of the 911 call processing method rules in connection 
with its 120E and T720 model handsets which occurred prior to the 
effective date of this Consent Decree except as consistent with 
the provisions of this Consent Decree.  The Bureau 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 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 
Motorola with respect to its basic qualifications, including the 
character qualifications, to be a Commission licensee.  Nothing 
in this Consent Decree shall prevent the Bureau from instituting 
new investigations or enforcement proceedings against Motorola in 
the event of any alleged future misconduct for violation of this 
Consent Decree or for violation of the 911 call processing rules 
as consistent with the provisions of this Consent Decree.
     12.  Motorola 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.
     13.  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 Motorola nor the FCC shall contest the 
continuing validity of the Consent Decree or Adopting Order.  
Motorola retains the right to challenge the Bureau interpretation 
of the Consent Decree or any terms contained therein.
     14.  Motorola 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.
     15.  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.
     16.  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 22.921 of the Rules.  The Parties agree that 
this Consent Decree is for settlement purposes only and that by 
agreeing to this Consent Decree, Motorola does not admit or deny 
any liability for violating Commission rules in connection with 
the matters that are the subject of this Consent Decree.
     17.  The Parties agree that the terms and conditions of this 
Consent Decree shall remain in effect for twenty-four (24) months 
from the effective date of this Consent Decree.  The Parties 
further agree that any provision of the Consent Decree that would 
require Motorola to act in violation of a future rule or order 
adopted by the Commission will be superseded by such Commission 
rule or order.     18.  This Consent Decree may be signed in counterparts.

For the Enforcement Bureau         For Motorola, Inc.


______________________________               
______________________________
David H. Solomon                        Michael S. Tatelman
Chief, Enforcement Bureau                    Vice President of 
Sales for PCS, North America                                     
                                             
______________________________               
______________________________
Date                               Date




_________________________

  1 47 U.S.C.  4(i), 4(j), 503(b).

  2 47 C.F.R.  0.111, 0.311.

  3 47 C.F.R.  22.921.

  4  Letter from  Mary E.  Brooner, Director,  Telecommunications 
Strategy and  Regulation,  Global  Government  Relations  Office, 
Motorola,  Inc.   to   Mr.   Thomas   Sugrue,   Chief,   Wireless 
Telecommunications Bureau, FCC (filed Sept. 20, 2002).

  5 Request  of Motorola,  Inc. For  Approval of  a Modified  911 
Call Processing Mode (filed Sept. 20, 2002).

  6 911  Call Processing  Modes, Motorola  Request for  Expedited 
Relief for Phase-II  Enabled Handsets, WT  Docket No. 99-328,  17 
FCC Rcd 19267 (Wireless Telecom. Bur. 2002).

  7  Letter from  Joseph P.  Casey, Chief,  Technical and  Public 
Safety  Division,  Enforcement  Bureau,   to  Mary  E.   Brooner, 
Director,  Telecommunications  Strategy  and  Regulation,  Global 
Government Relations Office, Motorola, Inc. (October 24, 2002).