Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                )
                                )
T-Mobile USA, Inc.              )     File No. EB-02-TS-012
                                )     NAL/Acct.          No. 
200332100006
                                )     FRN 0006-9459-50
                                      

                            ORDER

Adopted:  July 14, 2003                 Released:   July 17, 
2003

By the Commission:

     1.        In this Order, we adopt a Consent Decree 
terminating an investigation into possible violations by T-
Mobile USA, Inc. (``T-Mobile'') of the enhanced 911 
(``E911'') Phase II provisions of Section 20.18 of the 
Commission's Rules (``Rules'')1 with respect to its Global 
System for Mobile Communications (``GSM'') network and the 
Commission Order granting T-Mobile a waiver of the E911 
Phase II rules for its GSM network.2
     2.        The Commission and T-Mobile 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 T-Mobile 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.
     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.        T-Mobile 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. 
200332100006 and FRN 0006-9459-50.     7.        IT IS FURTHER ORDERED that the Commission 
investigation into the matter described herein is 
terminated.  
     8.        IT IS FURTHER ORDERED that the Secretary 
SHALL SIGN the Consent Decree on behalf of the Commission.


                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         


                              Marlene H. Dorch
                              Secretary

                         CONSENT DECREE

          The Federal Communications Commission (``FCC'') and  T-
Mobile USA, Inc (``T-Mobile'') hereby enter into a Consent Decree 
resolving possible violations  by T-Mobile of  the E911 Phase  II 
provisions of Section 20.18 of the Commission's Rules, 47  C.F.R. 
  20.18,  and  the   waiver  granted  to  VoiceStream   Wireless 
Corporation4 in  Revision of  the  Commission's Rules  to  Ensure 
Compatibility with Enhanced 911 Emergency Calling Systems, Fourth 
Memorandum  Opinion   and  Order,   15  FCC   Rcd  17442   (2000) 
(``VoiceStream Waiver Order'').

                       Statement of Facts

     9.        In September 2000, the Commission granted T-Mobile 
a temporary, conditional waiver of the E911 Phase II rules to 
implement a hybrid network and handset-based technology called 
Enhanced Observed Time Difference of Arrival (``E-OTD'') across 
its Global System for Mobile Communications (``GSM'') network.5  
On December 21, 2001, T-Mobile filed a request for modification 
of its waiver, proposing a new deployment schedule for its GSM 
network.6  Subsequently, on February 28, 2002, T-Mobile amended 
its modification request.7  On December 13, 2002, the Wireless 
Telecommunications Bureau issued an Order dismissing T-Mobile's 
request for limited modification of the waiver and referring 
issues regarding T-Mobile's compliance with the E911 Phase II 
rules on its GSM network to the Enforcement Bureau.8  On March 
21, 2003, T-Mobile submitted a letter notifying the Commission 
that it had decided to implement a network-based Phase II 
solution in lieu of E-OTD.9
                       Terms of Settlement

     10.       For the purposes of this Consent Decree, the 
following definitions shall apply:
          (a)  ``FCC''  or  ``Commission''   means  the   Federal 
Communications Commission.
          (b)  ``Parties''  means  T-Mobile  USA,  Inc.  and  the 
               Federal Communications Commission.
          (c)  ``T-Mobile'' means T-Mobile  USA, Inc.,  Powertel, 
               Inc., their  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 a  cell site  of 
               all hardware and  base release software  necessary 
               to provide Phase II service. 

     11.       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.
     12.       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.
     13.       T-Mobile 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.
     14.       The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between T-
Mobile and the FCC regarding any possible violations of the E911 
Phase II rules and the VoiceStream Waiver Order.  In 
consideration for termination by the Commission of its 
investigation into whether T-Mobile has violated the E911 Phase 
II rules and the VoiceStream Waiver Order, and in accordance with 
the terms of this Consent Decree, T-Mobile agrees to the terms 
set forth herein.
     15.       In express reliance on the covenants and 
representations in this Consent Decree, the FCC agrees to 
terminate its investigation into whether T-Mobile has violated 
the E911 Phase II rules and the VoiceStream Waiver Order.
     16.       T-Mobile agrees to comply with the E911 Phase II 
rules modified as follows:
          (a)  First, T-Mobile agrees:

               (1)  To deploy a compliant Phase II technology  at 
               a minimum of 1,000 cell  sites for its network  by 
               nine months  after  the release  of  the  Adopting 
               Order.10  In meeting this benchmark, T-Mobile must 
               give priority to markets  with pending valid  PSAP 
               requests first.

               (2)  To deploy a compliant Phase II technology  at 
               a minimum of 2,000 cell  sites for its network  by 
               ten months  after  the  release  of  the  Adopting 
               Order.  In meeting  this benchmark, T-Mobile  must 
               give priority to markets  with pending valid  PSAP 
               requests first.

               (3)  To deploy a compliant Phase II technology  at 
               a minimum of 4,000 cell sites for its network  and 
               to provide  Phase II  service  at 2,000  of  these 
               sites by  13  months  after  the  release  of  the 
               Adopting Order.   In  meeting this  benchmark,  T-
               Mobile must give priority to markets with  pending 
               valid PSAP requests first.

               (4)  To deploy a compliant Phase II technology  at 
               a minimum of 6,000 cell  sites for its network  by 
               16 months after the release of the Adopting Order.  
               In meeting  this  benchmark,  T-Mobile  must  give 
               priority  to  markets  with  pending  valid   PSAP 
               requests first.

               (5)  To deploy a compliant Phase II technology  at 
               a minimum of 8,000 cell  sites for its network  by 
               19 months from the release of the Adopting  Order, 
               if necessary to meet a valid PSAP request  pending 
               more than six months as of that date.  In  meeting 
               this benchmark,  T-Mobile  must give  priority  to 
               markets with pending valid PSAP requests first.

               (6) For  any  valid  PSAP requests  for  Phase  II 
               service received by  T-Mobile on  or before  April 
               30, 2003, T-Mobile must provide a compliant  Phase 
               II service to 100% of those PSAPs' coverage  areas 
               or population by  22 months after  the release  of 
               the Adopting Order.

               (7) For  any valid  PSAP requests  received  after 
               April 30,  2003, but  on  or before  February  28, 
               2004, T-Mobile must provide  a compliant Phase  II 
               service to 50% of  those PSAPs' coverage areas  or 
               population by no  later than 19  months after  the 
               release of  the Adopting  Order,  and to  100%  of 
               those PSAPs' coverage  areas or  population by  no 
               later than  22 months  after  the release  of  the 
               Adopting Order.

               (8)  For  valid   PSAP  requests  received   after 
               February  28,  2004,   T-Mobile  must  provide   a 
               compliant Phase II service to 50% of those  PSAPs' 
               coverage areas or population within six months  of 
               receipt of such request and covering 100% of those 
               PSAPs' coverage  areas  or  population  within  15 
               months of receipt of a valid PSAP request. 

                 (9)  Until   T-Mobile  delivers  TDOA   location 
               information to a  PSAP that, as  of the  Effective 
               Date, is  receiving and  utilizing Network  Safety 
               Solution (``NSS'') location information,  T-Mobile 
               will continue to support the delivery of such  NSS 
               information, unless the  PSAP agrees to  terminate 
               the delivery of such information.

               (10) T-Mobile will  enter into  an agreement  with 
               each PSAP currently receiving and utilizing  E-OTD 
               location   information    as   to    the    dates, 
               respectively, by which provision of E-OTD location 
               information will  be terminated  and provision  of 
               TDOA location information will be initiated.

          (b)  Second, T-Mobile 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, T-Mobile  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.11

           (d) Fourth, in any market where T-Mobile 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 T-Mobile are location capable, T-Mobile 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, T-Mobile 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  $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. 200332100006,  as well as T-Mobile's  FCC 
Registration Number (``FRN'') 0006-9459-50.

          (f)  Sixth, T-Mobile  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 9-11, infra.12

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

     17.       To assist in monitoring and enforcing each of the 
conditions imposed on T-Mobile, T-Mobile must file Quarterly 
Reports with the Chief of the Enforcement Bureau and the Chief of 
the Wireless Telecommunications Bureau regarding its network.
     18.       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 T-Mobile's network, including 
the name of the PSAP, the date the request was received by the 
carrier, whether or not T-Mobile considers it valid, and its 
status.  To the extent any valid PSAP request for Phase II 
service in T-Mobile's network received after February 28, 2004, 
has been pending for more than six months and Phase II service 
has not been implemented in accordance with Section 20.18(f), T-
Mobile must identify the specific reasons underlying the failure 
to provide the requested service, the steps T-Mobile 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 T-Mobile 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 whether the request is tolled pursuant to  
20.18(j)(3) of the Rules or is the subject of a certification 
filed pursuant to  20.18(j)(4) of the Rules. If the request is 
not tolled or the subject of a certification, T-Mobile should 
identify the question and the efforts it has undertaken, 
including the communications it has had with the PSAP, to resolve 
the question.  T-Mobile 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 T-Mobile 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 T-Mobile'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 T-Mobile has 
               deployed a Phase II compliant technology at a 
               minimum of 1,000 cell sites, giving priority to 
               markets with pending valid PSAP requests, and 
               identifying the 1,000 cell sites;15

               (3) for the benchmark set forth in paragraph 
               8(a)(2), a statement of whether T-Mobile has 
               deployed a Phase II compliant technology at a 
               minimum of 2,000 cell sites, giving priority to 
               markets with pending valid 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 T-Mobile has 
               deployed a Phase II compliant technology at a 
               minimum of 4,000  cell sites, giving priority to 
               markets with pending valid PSAP requests, and 
               identifying the 4,000 cell sites, and (ii) whether 
               T-Mobile is providing Phase II service at 2,000 of 
               these sites, and identifying the 2,000 cell sites; 

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

               (6) for the benchmark in paragraph 8(a)(5), a 
               statement of whether T-Mobile has deployed a 
               compliant Phase II technology at  a minimum of 
               8,000 cell sites;

               (7)  for any valid PSAP request for Phase II 
               service on its network received by T-Mobile on or 
               before April 30, 2003, a statement of whether T-
               Mobile has provided its Phase II compliant 
               solution to 100% of those PSAPs' coverage areas or 
               population within 22 months after the release of 
               the Adopting Order;

               (8) for any valid PSAP requests for Phase II 
               service on its network received by T-Mobile after 
               April 30, 2003, but on or before February 28, 
               2004, statements of whether:  (i) T-Mobile has 
               provided its Phase II compliant solution to 50% of 
               those PSAPs' coverage areas or population within 
               19 months after the release of the Adopting Order; 
               and (ii) T-Mobile has provided its Phase II 
               compliant solution to 100% of those PSAPs' 
               coverage areas or population within 22 months 
               after the release of the Adopting Order; 

               (9) for any valid PSAP request received after 
               February 28, 2004, a statement of whether T-Mobile 
               is providing a compliant Phase II 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; and

               (10)  a statement of whether T-Mobile is providing 
               NSS location information to PSAPs for all 
               deployments that were receiving and utilizing such 
               information as of the Effective Date, and that are 
               not yet receiving TDOA location information, and 
               whether T-Mobile has reached an agreement with any 
               PSAP that was receiving E-OTD location information 
               as of the Effective Date, as to the dates, 
               respectively, for termination of the provision of 
               such E-OTD location information and the transition 
               to the provision of TDOA location information.

          (c)  T-Mobile must support each Quarterly Report with 
an affidavit, from an officer or director of T-Mobile, attesting 
to the truth and accuracy of the report.16

          (d)  In  addition  to  the  requirements  of  paragraph 
10(b), T-Mobile 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   T-Mobile 
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   T-Mobile  from   possible 
enforcement in cases where T-Mobile  has violated a condition  of 
this Consent Decree.   T-Mobile 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)  T-Mobile must  also  file  a  supplemental  report 
within 15  days  after  the  22 month  benchmarks  set  forth  in 
paragraph 8(a)(6) and 8(a)(7),  containing statements of  whether 
(i) for  any valid  PSAP  request for  Phase  II service  on  its 
network received  by T-Mobile  on or  before April  30, 2003,  T-
Mobile has provided its  Phase II compliant  solution to 100%  of 
those PSAPs' coverage areas or population within 22 months  after 
the release of the  Adopting Order; and (ii)  for any valid  PSAP 
requests for Phase II service on its network received by T-Mobile 
after April 30,  2003, but  on or  before February  28, 2004,  T-
Mobile has provided its  Phase II compliant  solution to 100%  of 
those PSAPs' coverage areas or population within 22 months  after 
the release of the Adopting Order.

          (f)  To  the   extent  T-Mobile   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)  T-Mobile's Quarterly Reports  are due February  1, 
May 1, August 1 and November 1 of each year, beginning August  1, 
2003 and continuing through February1, 2006.  To the extent  that 
T?Mobile 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.

     19.       The Parties agree that the Chiefs of the Wireless 
Telecommunications Bureau and the Enforcement Bureau may require 
T-Mobile to provide additional information in its Quarterly 
Reports, in order to evaluate T-Mobile's compliance with the 
terms and conditions of the Consent Decree, and its progress in 
deploying Phase II E911 services.
     20.       To the extent unexpected problems arise affecting 
T-Mobile's ability to perform any of the requirements set forth 
in paragraph 8(a) in the period between reports, T-Mobile agrees 
to notify the Commission through a supplementary filing to be 
filed within 30 days of T-Mobile's discovery of the problem.  
This supplemental filing must include specific details regarding 
the problems T-Mobile has encountered affecting its ability to 
comply with the benchmark requirements.
     21.       For the benchmark specified in paragraph 8(a)(3), 
T-Mobile must demonstrate compliance by filing, prior to the 
benchmark date, a statement (i) whether T-Mobile 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 T-Mobile is providing Phase II 
service at 2,000 of these sites, and identifying the 2,000 cell 
sites.  
     22.       In the event that T-Mobile cannot meet the 
benchmarks specified in paragraphs 8(a)(3), (6), (7), and (8) for 
the 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 subject to modified deployment schedules 
pursuant to 47 C.F.R.  20.18(j)(5), or 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, 
Order on Reconsideration, 17 FCC Rcd 24282 (2002).  Such 
certifications and a list of any PSAPs subject to modified 
deployment schedules must be filed within 30 days after the 
benchmark date.    
     23.       As of the effective date hereof, this Consent 
Decree shall supersede the VoiceStream Waiver Order and the 
requirements contained therein and such Order and requirements 
shall be of no force or effect.  
     24.       T-Mobile 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, T-Mobile 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 input to the Selective Router.  To the extent that 
T-Mobile fails to satisfy any condition or Commission rule, in 
the absence of Commission alteration or waiver 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, and that the Commission 
will consider its enforcement actions accordingly.  However, T-
Mobile'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), 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, Order on 
Reconsideration, 17 FCC Rcd 24282 (2002), 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.       T-Mobile agrees to make a voluntary contribution 
to the United States Treasury in the amount of One Million One 
Hundred Thousand Dollars ($1,100,000) within thirty (30) days 
after the Effective Date.  T?Mobile 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. 
200332100006 and T-Mobile's FRN 0006-9459-50.   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 T-Mobile for the possible past violations of the 
E911 Phase II rules and the VoiceStream 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 T-Mobile 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 T-Mobile 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.
     26.       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 T-Mobile 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. 
     27.       T-Mobile 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.
     28.       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 T-Mobile nor the FCC shall contest the 
validity of the Consent Decree or Adopting Order.  T-Mobile 
retains the right to challenge the FCC's interpretation of the 
Consent Decree or any terms contained therein
     29.       T-Mobile 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.
     30.       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.     31.       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 VoiceStream Waiver 
Order.  The Parties agree that this Consent Decree is for 
settlement purposes only and that by agreeing to this Consent 
Decree, T-Mobile does not admit or deny any liability for 
violating Commission rules in connection with the matters that 
are the subject of this Consent Decree.
     32.        The Parties agree that any provision of the 
Consent Decree that would require T-Mobile 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.
     33.        This Consent Decree may be signed in 
counterparts.

For the Federal Communications Commission         For  T-Mobile 
                                        USA, Inc.


______________________________                    
______________________________
Marlene H. Dortch                            David A. Miller
Secretary                               General Counsel
                                             
______________________________                    
______________________________
Date                                    Date

_________________________

   1 47 C.F.R.  20.18.

   2  Revision   of  the   Commission's   Rules  to   Ensure 
Compatibility with  Enhanced 911 Emergency  Calling Systems, 
Fourth  Memorandum  Opinion  and  Order, 15  FCC  Rcd  17442 
(2000).

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

  4   T-Mobile  is   the   successor  to   VoiceStream   Wireless 
Corporation.  For convenience, we will refer to the carrier as T-
Mobile throughout this document.

  5  VoiceStream Waiver  Order, 15  FCC Rcd  at 17463.   T-Mobile 
also proposed to implement a network software solution  (``NSS'') 
that would make use of  existing network capabilities to  provide 
immediate location information for all 911 calls on the  network.  
The Commission conditioned the waiver on T-Mobile's deployment of 
NSS capability on its network.  Id.

  6  VoiceStream   Wireless  Corporation   Request  for   Limited 
Modification of E911 Phase II Implementation Plan, CC Docket  No. 
94-102 (filed December 21, 2001).

  7 VoiceStream Wireless Corporation Amended Request for  Limited 
Modification of E911 Phase II Implementation Plan, CC Docket  No. 
94-102 (filed February 28, 2002)

  8 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency  Calling Systems, T-Mobile USA,  Inc. 
Amended  Request  for  Limited  Modification  of  E911  Phase  II 
Implementation Plan), Order,  CC Docket  No. 94-102,  17 FCC  Rcd 
24908 (Wireless Telecom. Bur. 2002).

  9  Letter from  Robert  A. Calaff,  Senior  Corporate  Counsel, 
Governmental and Industry Affairs, T-Mobile USA, Inc., to John B. 
Muleta,  Chief,  Wireless   Telecommunications  Bureau,   Federal 
Communications  Commission,   and   David  H.   Solomon,   Chief, 
Enforcement  Bureau,  Federal  Communications  Commission,  filed 
March 21, 2003.

  10 T-Mobile currently plans to employ a network-based  location 
technology that has  not yet been  fully validated on  T-Mobile's 
network, but which T-Mobile currently expects will meet the Phase 
II accuracy  requirements and  for  which T-Mobile  expects  full 
validation by December  31, 2003.   T-Mobile must  report to  the 
Commission the results of its validation tests within 30 days  of 
completion pursuant  to the  reporting requirement  of  paragraph 
10(d).  To the extent this network-based location technology does 
not comply with the Commission's Phase II accuracy  requirements, 
T-Mobile must request approval from  the Commission to employ  an 
alternative location  technology  that  does  comply  with  those 
requirements.  See infra paragraph 10(d).

  11  As required  by  Section 20.18(h)(1)  of  the  Commission's 
Rules T-Mobile'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.   T-Mobile  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.   T-Mobile'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.

  12  These requirements  are in  lieu of  the Semiannual  Report 
requirements set forth in the VoiceStream Waiver Order.

  13  T-Mobile  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  T-Mobile's 
request for relief.

  14 See .

  15   In  the Quarterly Reports, where  T-Mobile 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.

  16 See 47 CFR  1.16.