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


In the Matter of                 )
                                )
Cingular Wireless LLC            )    File No. EB-02-TS-003
                                )    NAL/Acct. No.  200332100003
                                )    FRN 0004-9792-33


                              ORDER

   Adopted:  June 6, 2003               Released:  June 12, 2003

By the Commission:

     1.   In this Order, we adopt a Consent Decree terminating an 
investigation into possible violations by Cingular Wireless LLC 
(``Cingular'') of the enhanced 911 (``E911'') Phase II provisions 
of Section 20.18 of the Commission's Rules (``Rules'')1 for its 
Global System for Mobile Communications (``GSM'') network and the 
Commission Order granting Cingular a waiver of the E911 Phase II 
rules for its GSM network.2
     2.   The Commission and Cingular 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 
Cingular 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 Cingular's 
possible violations of the E911 Phase II provisions of Section 
20.18 of the Rules.
     5.   Accordingly, IT IS ORDERED, pursuant to Sections 4(i) 
and 4(j) of the Communications Act of 1934, as amended,3 that the 
attached Consent Decree IS ADOPTED.
     6.   Cingular 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. 200332100003 
and FRN 0004-9792-33.
     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. Dortch
                         Secretary



			 CONSENT DECREE

          The Federal  Communications  Commission  (``FCC'')  and 
Cingular Wireless LLC (``Cingular'') hereby enter into a  Consent 
Decree resolving  possible violations  by  Cingular of  the  E911 
Phase II provisions of Section  20.18 of the Commission's  Rules, 
47 C.F.R.    20.18,  and  the  requirements  set  forth  in  the 
Commission order granting Cingular a waiver of the E911 Phase  II 
provisions  for  its  Global  System  for  Mobile  Communications 
(``GSM'') network.

                       Statement of Facts

     1.        On October 2, 2001, the Commission adopted an 
order approving Cingular's plan to deploy a hybrid network and 
handset-based technology called Enhanced Observed Time Difference 
of Arrival (``E-OTD'') across its planned GSM network and 
granting Cingular a temporary, conditional waiver of the accuracy 
requirements for handset-based location technologies to permit 
implementation of this plan.4  The GSM Waiver Order also referred 
to the Enforcement Bureau the question of whether Cingular was in 
compliance with its E911 deployment obligations.5  On November 
13, 2001, Cingular filed a petition for reconsideration of the 
GSM Waiver Order.6  In its petition for reconsideration, Cingular 
proposed a revised set of handset deployment benchmarks.  On 
December 13, 2002, the Wireless Telecommunications Bureau issued 
an Order dismissing Cingular's request for additional time in 
which to meet the handset deployment benchmarks and referring 
issues regarding Cingular's Phase II compliance in its GSM 
network to the Enforcement Bureau.7
                         Terms of Settlement

     2.        For the purposes of this Consent Decree, the 
following definitions shall apply:
          (a)  ``FCC''  or  ``Commission''   means  the   Federal 
Communications Commission.
          (b)  ``Parties'' means  Cingular Wireless  LLC and  the 
               Federal Communications Commission.
          (c)  ``Cingular''  means  Cingular  Wireless  LLC,  its 
               subsidiaries,  affiliates,   partners,   and   any 
               successors  or  assigns   that  provide   wireless 
               service subject to 47 C.F.R.  20.18.
          (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.
          (g)  ``Rules'' means the Commission's regulations found 
               in Title 47 of the Code of Federal Regulations.
          (h)  ``Act'' means the Communications  Act of 1934,  as 
               amended, 47 U.S.C.  151 et seq.
          (i)  ``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. 8
          (j)  ``deploy'' means installation of all hardware  and 
               base release software at a cell site necessary  to 
               provide Phase II service. 

     3.        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.
     4.        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.
     5.        Cingular 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.
     6.        The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between 
Cingular and the FCC regarding possible past violations of the 
E911 Phase II rules for its GSM network and the GSM Waiver Order.  
In consideration for termination by the Commission of its 
investigation into whether Cingular has violated the E911 Phase 
II rules for its GSM network and the GSM Waiver Order, and in 
accordance with the terms of this Consent Decree, Cingular agrees 
to the terms set forth herein. 
     7.        In express reliance on the covenants and 
representations in this Consent Decree, the FCC agrees to 
terminate its investigation into whether Cingular has violated 
the E911 Phase II rules for its GSM network and the GSM Waiver 
Order without any finding of liability on the part of Cingular.
     8.        Cingular agrees to comply with the E911 Phase II 
rules modified as follows:
          (a)  First, Cingular agrees:

               (1)  To deploy a Phase II compliant technology  at 
               a minimum of 1,000 cell  sites on its GSM  network 
               by four months after  the release of the  Adopting 
               Order.  In meeting  this benchmark, Cingular  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 six months  after the release  of the  Adopting 
               Order.  In meeting  this benchmark, Cingular  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 to provide Phase II service at 2,000 of  these 
               sites by  nine months  after  the release  of  the 
               Adopting  Order.   In   meeting  this   benchmark, 
               Cingular 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 15  months after  the release  of the  Adopting 
               Order, 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 21  months after  the release  of the  Adopting 
               Order, 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 Cingular on 
               or before December 31, 2002, Cingular must provide 
               its Phase II  compliant service to  100% of  those 
               PSAPs' coverage areas or  population by 14  months 
               after the release of the Adopting Order.

               (7)   For  Valid  PSAP  Requests  received   after 
               December 31,  2002, but  on  or before  April  30, 
               2003, Cingular must provide its Phase II compliant 
               service to 50% of  those PSAPs' coverage areas  or 
               population by no  later than 14  months after  the 
               release of  the Adopting  Order,  and to  100%  of 
               those PSAPs' coverage  areas or  population by  no 
               later than  21 months  after  the release  of  the 
               Adopting Order.

               (8)  For Valid PSAP Requests received after  April 
               30, 2003,  but on  or  before November  30,  2003, 
               Cingular  must  provide  its  Phase  II  compliant 
               service to 50% of  those PSAPs' coverage areas  or 
               population within nine 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.

               (9)   For  Valid  PSAP  Requests  received   after 
               November 30, 2003, Cingular 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, Cingular 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, Cingular  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.9

          (d)  Fourth, in any market where Cingular 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 Cingular are location capable, Cingular 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, Cingular agrees that in the event it  fails 
to comply  with any  of  the benchmarks  set forth  in  paragraph 
8(a)(1) through (5), it will make a voluntary contribution to the 
United States Treasury in  the amount of  $337,500 for the  first 
missed benchmark, $675,000  for the second  missed benchmark  and 
$1,350,000 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. 200332100003,  as well as Cingular's  FCC 
Registration Number (``FRN'') 0004-9792-33.    

          (f)  Sixth, Cingular must file Quarterly Reports and  a 
supplemental report,  on its  progress  and compliance  with  the 
terms and conditions of the Consent Decree and the wireless  E911 
rules, as set forth in paragraphs 9-11, infra.10

          (g)  Seventh, with its August 1, 2003 Quarterly Report, 
Cingular must submit a  Phase II rollout  plan describing how  it 
will prioritize PSAP requests and deploy Phase II service in  its 
GSM network.

     9.        To assist in monitoring and enforcing each of the 
conditions imposed on Cingular, Cingular must file Quarterly 
Reports with the Chief of the Enforcement Bureau and the Chief of 
the Wireless Telecommunications Bureau regarding its GSM 
network.11
     10.       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 Cingular's GSM network, 
including the name of the PSAP, the date the request was received 
by the carrier, whether or not Cingular considers it valid, and 
its status.  To the extent any PSAP request for Phase II service 
in Cingular's GSM network received after April 30, 2003 has been 
pending for more than six months, Cingular must identify the 
specific reasons underlying the failure to provide the requested 
service, the steps Cingular 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 
Cingular 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.  
Cingular 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.12  In addition, 
the Commission will post this information on its website.13  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 Cingular 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 Cingular'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;

               (2) for the benchmark set forth in paragraph 
               8(a)(1), a statement of whether Cingular 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;14

               (3) for the benchmark set forth in paragraph 
               8(a)(2), a statement of whether Cingular 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;

               (4) for the benchmarks set forth in paragraph 
               8(a)(3), a statement of (i) whether Cingular 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 Cingular is providing 
               Phase II service at 2,000 of these sites, and 
               identifying the 2,000 cell sites; 

               (5) for the benchmark set forth in paragraph 
               8(a)(4), a statement of whether Cingular has 
               deployed a compliant Phase II technology at 6,000 
               cell sites;

               (6)  for the benchmark set forth in paragraph 
               8(a)(5), a statement of whether Cingular has 
               deployed a compliant Phase II technology at 8,000 
               cell sites; 

               (7)  for the latter benchmark in paragraph 
               8(a)(7), a statement of whether, for any Valid 
               PSAP Requests for Phase II service on its GSM 
               network received by Cingular after December 31, 
               2002, but on or before April 30, 2003, Cingular 
               provided its Phase II compliant solution to 100% 
               of those PSAPs' coverage areas or population 
               within 21 months of release of the Adopting Order; 

               (8)  for any Valid PSAP Request received after 
               April 30, 2003, but on or before November 30, 
               2003, a statement of whether Cingular has provided 
               its Phase II compliant service to 50% of those 
               PSAPs' coverage areas or population within nine 
               months of receipt of the request and to 100% of 
               those PSAPs' coverage areas or population within 
               15 months of receipt of the request; and

               (9)  for any Valid PSAP Request received after 
               November 30, 2003, a statement of whether Cingular 
               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)  Cingular must support each Quarterly Report with 
an affidavit, from an officer or director of Cingular, attesting 
to the truth and accuracy of the report.15

          (d)  To the extent  Cingular anticipates  that it  will 
fail to satisfy any one of the conditions herein, it must  advise 
the Commission of  the problem  within 30  days.  Seeking  relief 
from that condition will not, in and of itself, insulate Cingular 
from possible enforcement in cases where Cingular has violated  a 
condition of  this  Consent  Decree.  Cingular  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)  Cingular must  also  file  a  supplemental  report 
within 15 days after the 14 months after release of the  Adopting 
Order benchmark, containing, for the  14 months after release  of 
the adopting order benchmark, statements of whether (i) for  each 
Valid PSAP  Request  for Phase  II  service on  its  GSM  network 
received by Cingular on or before December 31, 2002, Cingular has 
provided its Phase II compliant solution to 100% of those  PSAPs' 
coverage areas  or  population;  and (ii)  for  each  Valid  PSAP 
Request for  Phase II  service  on its  GSM network  received  by 
Cingular after  December 31,  2002, but  on or  before April  30, 
2003, Cingular has  provided its Phase  II compliant solution  to 
50% of those PSAPs' coverage areas or population.

          (f)  To  the   extent  Cingular   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)  Cingular's Quarterly Reports  are due February  1, 
May 1, August 1, and November 1 of each year, beginning August 1, 
2003 and continuing through February 1, 2006.  To the extent that 
Cingular 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.

     11.       The Parties agree that the Chiefs of the Wireless 
Telecommunications Bureau and the Enforcement Bureau may require 
Cingular to provide additional information in its Quarterly 
Reports, in order to evaluate Cingular' compliance with the terms 
and conditions of the Consent Decree, and its progress in 
deploying Phase I and Phase II E911 services.
     12.       To the extent unexpected problems arise affecting 
Cingular's ability to perform any of the requirements set forth 
in paragraph 8(a) in the period between reports, Cingular agrees 
to notify the Commission through a supplementary filing to be 
filed within 30 days of Cingular's discovery of the problem.  
This supplemental filing must include specific details regarding 
the problems Cingular has encountered affecting its ability to 
comply with the benchmark requirements.
     13.         For the benchmark specified in paragraph 
8(a)(3), Cingular must demonstrate compliance by filing, prior to 
the benchmark date, a statement (i) whether Cingular 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 Cingular is providing Phase II 
service at 2,000 of these sites, and identifying the 2,000 cell 
sites.  
     14.  In the event that Cingular cannot meet the benchmarks 
specified in paragraphs 8(a)(3), (6), (7), (8), (9) for provision 
of Phase II service, because PSAPs served by certain of the cell 
sites at which the Phase II compliant technology has been 
deployed are not capable of receiving and utilizing the Phase II 
information, it must file, before the benchmark date, a 
notification of its intention to file certifications with respect 
to these PSAPs that comply with requirements set forth in 
Revision of the Commission's Rules to Ensure Compatibility with 
Enhanced 911 Emergency Calling Systems, Petition of City of 
Richardson, Texas, CC Docket No. 94-102, 17 FCC Rcd 24282 
(2002)(``City of Richardson Reconsideration Order'').  Within 30 
days after the benchmark date, Cingular must file either (1) the 
relevant certifications or (2) proposed certifications and PSAP 
responses.16  Cingular will be deemed to have satisfied the 
relevant benchmark if it files a certification (i.e., PSAP does 
not object to readiness classification) and that certification is 
not deemed invalid or the Commission ultimately determines that 
the failure to supply Phase II data was due to PSAP readiness 
issues.    
     15.       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.
     16.       Cingular agrees that it is required to comply with 
each individual condition of this Consent Decree, including the 
reporting requirements set forth.  Each specific condition and 
Quarterly Report is a separate condition of the Consent Decree as 
approved.  In addition, Cingular 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 Cingular 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, Cingular'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 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), 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), 
Revision of the Commission's Rules to Ensure Compatibility with 
Enhanced 911 Emergency Calling Systems, Petition of City of 
Richardson, Texas, CC Docket No. 94-102, 17 FCC Rcd 24282 (2002), 
or Revision of the Commission's Rules to Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems, Petition of City of 
Richardson, Texas, CC Docket No. 94-102, Order on 
Reconsideration, FCC 02-318, 68 Fed. Reg. 2914 (2003), 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.
     17.       Cingular agrees to make a voluntary contribution 
to the United States Treasury in the amount of Six Hundred 
Seventy Five Thousand Dollars ($675,000) within thirty (30) days 
after the Effective Date.  Cingular 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. 
200332100003 and FRN 0004-9792-33.
     18.       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 Cingular for possible past 
violations of the E911 Phase II rules and the GSM Waiver Order 
with respect to its GSM network.  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 
Cingular 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 Cingular 
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.
     19.       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 Cingular 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. 
     20.       Cingular 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.
     21.       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 Cingular nor the FCC shall contest the 
validity of the Consent Decree or Adopting Order.  Cingular 
retains the right to challenge the FCC's interpretation of the 
Consent Decree or any terms contained therein.  
     22.       Cingular 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.
     23.       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.
     24.       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, or the GSM Waiver Order. 
The Parties agree that this Consent Decree is for settlement 
purposes only and that by agreeing to this Consent Decree, 
Cingular does not admit or deny any liability for violating 
Commission rules in connection with the matters that are the 
subject of this Consent Decree.
     25.       The Parties agree that any provision of the 
Consent Decree that would require Cingular to act in violation of 
a future rule or order adopted by the Commission will be 
superseded by such Commission rule or order.       26.        This Consent Decree may be signed in 
counterparts.

For the Federal Communications Commission    For Cingular 
Wireless LLC


______________________________               
______________________________
Marlene H. Dortch                       Carol L. Tacker     
Secretary                          Vice President and Assistant 
General Counsel,                                       Corporate 
Secretary and Chief Compliance  
                                   Officer                       
          
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Date                               Date
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  1 47 C.F.R.  20.18.

  2 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency Calling Systems, (Request for  Waiver 
by Cingular Wireless LLC), CC Docket No. 94-102, 16 FCC Rcd 18305 
(2001).

  3 47 U.S.C.  154(i) and 154(j).

  4 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency Calling Systems, (Request for  Waiver 
by Cingular Wireless LLC), CC Docket No. 94-102, 16 FCC Rcd 18305 
(2001) (``GSM Waiver Order'').

  5 GSM Waiver Order at  23.

  6  Cingular  Wireless LLC,  Petition  for  Reconsideration,  CC 
Docket No. 94-102, (November 13, 2001).

  7 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency  Calling Systems, (Cingular  Wireless 
LLC's Petition for Reconsideration), CC Docket No. 94-102, 17 FCC 
Rcd 24910 (2002).

  8  See 47  C.F.R.    20.18(j); Order  on  Reconsideration,  CC 
Docket No. 94-102, FCC  02-318, at App. B  (rel. Nov. 26,  2002), 
erratum, (rel. Dec. 20, 2002) (amending Section 20.18(j)).

  9 As required by Section 20.18(h)(1) of the Commission's  Rules 
Cingular'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 Cingular deploys E-OTD technology in 
the alternative, see infra para. 8(d), 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, Cingular  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.   Cingular's 
location  accuracy  testing   should  be   consistent  with   the 
guidelines in OET  Bulletin No.  71, which  states that  accuracy 
testing may be based on,  among other things, the coverage  areas 
of local PSAPs that request  Phase II deployment or the  wireless 
carrier's entire advertised coverage  area within a  metropolitan 
area.    

  10  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 May  9, 2002  TDMA Consent  Decree.  Cingular  may, 
however, combine the information required with respect to its GSM 
network and  its  TDMA/AMPS  networks  into  a  single  Quarterly 
Report.

  11 Each of the  conditions imposed on Cingular as described  in 
this Consent Decree pertains only to Cingular's GSM network.

  12  Cingular  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  Cingular's 
request for relief.

  13 See .

  14  In the  Quarterly Reports,  where Cingular  is required  to 
identify specific cell sites where it has either deployed a Phase 
II compliant  technology  or  where  it  is  providing  Phase  II 
service, it may do so by identifying the PSAP served by the  cell 
sites, and the number  of cell sites  associated with each  PSAP.  
For example, it could  report that Phase  II technology has  been 
deployed to County A  PSAP, covering 300  cell sites; Locality  B 
PSAP, covering 600 cell sites, and Municipality C PSAP,  covering 
100 cell sites, for a total of 1,000 cell sites.

  15 See 47 CFR 1.16.

  16 City of Richardson Reconsideration Order at para. 16.