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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-04-SE-054
) NAL/Acct. No. 200432100002
Sprint Spectrum L.P. d/b/a ) FRN # 0007165210
Adopted: July 15, 2005
Released: July 20, 2005
By the Acting Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent
Decree entered into between the Enforcement Bureau and Sprint
Spectrum L.P. d/b/a Sprint PCS (``Sprint''). The Consent Decree
terminates the enforcement proceeding initiated by the
Enforcement Bureau against Sprint for its apparent violation of
Section 20.18(d) of the Commission's Rules (``Rules'')1 regarding
its deployment of Enhanced 911 (``E911'') Phase I services in the
County of Santa Cruz, Arizona.
2. The Enforcement Bureau and Sprint have negotiated
the terms of a Consent Decree that would resolve this matter and
terminate the enforcement 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 with respect to
this matter as to whether Sprint 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 will be served by adopting the
Consent Decree and terminating the enforcement proceeding.
5. Accordingly, IT IS ORDERED that, pursuant to
Section 4(i) of the Communications Act of 1934, as amended,2 and
Sections 0.111 and 0.311 of the Rules,3 the Consent Decree
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement
Bureau's enforcement proceeding IS TERMINATED.
7. IT IS FURTHER ORDERED that Sprint Spectrum L.P.
d/b/a Sprint PCS will make a voluntary contribution to the United
States Treasury in the amount of thirty-five thousand dollars
($35,000) within 30 calendar days after the Effective Date of the
Adopting Order. Payment of the forfeiture must be made by check
or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the
NAL/Acct. No. and FRN No. referenced above. Payment by check or
money order may be mailed to Federal Communications Commission,
P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight
mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be
made to ABA Number 043000261, receiving bank Mellon Bank, and
account number 911-6106.
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 Luisa L. Lancetti,
Vice President, Wireless Regulatory Affairs, Sprint Corporation,
401 9th Street, N.W., Suite 400, Washington, D.C. 20004.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Acting Chief, Enforcement Bureau CONSENT DECREE
The Enforcement Bureau (``Bureau'') of the Federal
Communications Commission (``Commission'') and Sprint Spectrum
L.P. d/b/a Sprint PCS (``Sprint'') hereby enter into this Consent
Decree regarding a possible violation of Section 20.18(d) of the
Commission's Rules (``Rules'') concerning Sprint's deployment of
Enhanced 911 (``E911'') Phase I services in the County of Santa
1. On September 15, 2003, Sprint received a request to
implement E911 Phase I services on behalf of two Public Safety
Answering Points (``PSAPs'') located in Santa Cruz, Arizona.
Under the requirements of Section 20.18(d), Sprint was required
to deploy service to these two PSAPs by March 15, 2004, provided
the PSAP requests were valid under the requirements of the rule.
2. On February 25, 2004, Santa Cruz filed an informal
complaint against Sprint alleging that Sprint had failed to
deploy E911 Phase I services by the required date. On March 24,
2004, the Enforcement Bureau issued a letter of inquiry (``LOI'')
to Sprint. Sprint responded to the LOI on April 20, 2004, and
reported that E911 Phase I service had been deployed in the area
under investigation on April 15, 2004.
3. On October 21, 2004, the Enforcement Bureau issued a
Notice of Apparent Liability for Forfeiture4 to Sprint (the
``NAL'') in the amount of fifty thousand dollars ($50,000) for
the apparent willful and repeated violations of Section 20.18(d).
Sprint timely responded to the NAL.
4. For the purposes of this Consent Decree, the following
definitions shall apply:
(a) ``Commission'' or ``FCC'' means the Federal
(b) ``Bureau'' means the Enforcement Bureau of the
Federal Communications Commission;
(c) ``Sprint'' means Sprint Spectrum L.P. d/b/a Sprint
PCS, its subsidiaries, affiliates and any successors
(d) ``Parties'' means Sprint and the Bureau;
(e) ``Adopting Order'' means an order of the Bureau
adopting the terms and conditions of this Consent
(f) ``Effective Date'' means the date the Adopting
Order is released by the Bureau;
(g) ``Enforcement Proceeding'' means the
investigation of the alleged Rule violations by
Sprint culminating in the Notice of Apparent
Liability for Forfeiture;
(h) ``Notice of Apparent Liability for
Forfeiture'' or ``NAL'' means Sprint Spectrum L.P.
d/b/a/ Sprint PCS, 19 FCC Rcd 19901 (Enf. Bur.
(i) ``Rules'' means the Commission's Rules found
in Title 47 of the Code of Federal Regulations;
(j) ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. §§151 et seq.
Terms of Settlement
5. 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 the Adopting
6. The Parties agree that this Consent Decree shall become
binding on the Parties on the Effective Date. Upon release, the
Adopting Order and this Consent Decree shall have the same force
and effect as any other final order of the Commission and any
violation of the terms or conditions of this Consent Decree shall
constitute a violation of a Commission order.
7. Sprint acknowledges that the Bureau has jurisdiction
over the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.
8. The Parties waive any rights they 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 that the Adopting
Order adopts the Consent Decree without change, addition,
modification or deletion.
9. The Parties agree that this Consent Decree does not
constitute either an adjudication on the merits or a factual or
legal finding or determination of any compliance or noncompliance
with the Act or the Rules. The Parties further agree that this
Consent Decree is for settlement purposes only and that by
agreeing to this Consent Decree, Sprint does not admit or deny
any liability for violating the Rules in connection with the
matters that are the subject of this Consent Decree.
10. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of scarce public resources, the Bureau agrees to
terminate the Enforcement Proceeding at such time as both Parties
sign this Consent Decree and the Bureau adopts this Consent
11. Sprint has implemented certain administrative changes
and created an automated database for tracking E911 Phase I and
II implementations as more fully described in the Compliance Plan
attached hereto. Sprint will continue to track E911 Phase I
implementations for its CDMA network to facilitate timely Phase I
deployments. Further, while this proceeding was solely with
respect to Phase I implementations, Sprint has agreed, on a
voluntary basis, to track Phase II implementations on its CDMA
network in the same manner as it tracks Phase I implementations.
Sprint reserves the right to modify this attached plan as
necessary to better ensure continuing compliance with the
12. The Parties agree that Sprint's obligations set forth
in paragraph 11 will remain in effect for twenty-four (24) months
from the Effective Date.
13. The Parties acknowledge and agree that this Consent
Decree shall constitute a final and binding settlement between
Sprint and the Bureau regarding the possible violations of
Section 20.18(d) of the Rules specified by the NAL. In
consideration for termination by the Bureau of the Enforcement
Proceeding and in accordance with the terms of this Consent
Decree, Sprint agrees to the terms set forth in this Consent
14. The Bureau agrees that it will not institute, on its
own motion, any new proceeding, formal or informal, take any
action on its own motion, or recommend to the Commission any
forfeiture or other sanction, against Sprint for the possible
violations of Section 20.18(d) of the Rules specified by the NAL.
Nothing in this Consent Decree shall prevent the Bureau from
instituting investigations or enforcement proceedings against
Sprint in the event of any other alleged misconduct that violates
this Consent Decree or that violates any provision of the Act or
15. The Parties agree that any provision of this Consent
Decree which conflicts with any subsequent rule, order of general
applicability or other decision of general applicability adopted
by the Commission will be superseded by such Commission rule,
order or other decision.
16. Sprint agrees that it will make a voluntary
contribution to the United States Treasury in the amount of
thirty five thousand dollars ($35,000) within 30 calendar days
after the Effective Date of the Adopting Order. Payment of the
forfeiture must be made by check or similar instrument, payable
to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-
8340. Payment by overnight mail may be sent to Mellon Bank /LB
358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.
Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.5 The
payment should reference the NAL/Acct. and FRN No. referenced
17. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Sprint nor the Commission shall contest
the continuing validity of the Consent Decree or Adopting Order.
The Parties agree to comply with, defend and support the validity
of this Consent Decree and the Adopting Order in any proceeding
seeking to nullify, void, or otherwise modify the Consent Decree
or the Adopting Order.
18. The Parties agree that in the event that any court of
competent jurisdiction renders this Consent Decree invalid, this
Consent Decree shall become null and void and may not be used in
any manner in any legal proceeding.
19. Sprint waives any rights it may have under any
provision of the Equal Access to Justice Act, 5 U.S.C. § 504 and
47 C.F.R. § 1.1501 et seq., relating to the matters addressed in
this Consent Decree.
20. This Consent Decree cannot be modified without the
advance written consent of both Parties except as indicated in
21. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
Kris Anne Monteith
Acting Chief, Enforcement Bureau
For Sprint Spectrum L.P.:
Luisa L. Lancetti
Vice President, Wireless Regulatory Affairs
Date COMPLIANCE PLAN
Summary of Sprint Spectrum L.P. ("Sprint") Administrative
As part of its effort to ensure compliance with the
Communications Act of 1934, as amended, and the FCC's rules and
regulations, Sprint's 911 implementation group (the "911 Group")
has developed, and will continue to implement and oversee, the
following administrative changes to its implementation of E911
Phase I requests on its CDMA network. Sprint will also
voluntarily track E911 Phase II requests on its CDMA network in
the same manner:
1. Establish a computer database known as the Network Element
Object (``NEO'') Database to track all ongoing E911 projects
including the status of implementation and the responsible
Numbering Solutions employee handling implementation.
2. Require a supervisor to conduct random audits of employee
projects to determine that such projects have been entered in
NEO, formal E911 Phase I and II requests from PSAP(s) are filed,
dates are correct in NEO, and employee adherence to Sprint's E911
processes are followed.
3. With the use of NEO, a supervisor will track project status
on a regular basis.
4. Sprint will provide contact escalation information to
requesting PSAPs, including levels from Director to Supervisor
with name, phone number (office and mobile) and address, to
permit notification to Sprint management of any deployment
5. Through NEO provide e-mail notification to all employees
with status of all projects that they own when the projected due
date is within 60 days.
1 47 C.F.R. § 20.18(d).
2 47 U.S.C. § 154(i).
3 47 C.F.R. §§ 0.111, 0.311.
4 See Sprint Spectrum LP d/b/a Sprint PCS, 19 FCC Rcd 19901
(Enf. Bur. 2004)(`` NAL'').
5 47 C.F.R. § 1.1914.