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Federal Communications Commission
Washington, D.C. 20554
) File No. EB-06-SE-381
In the Matter of
) NAL/Acct. No. 200732100009
) FRN: 0012284394
Adopted: January 11, 2007 Released: January 11, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission (the "FCC" or "Commission") and Alltel
Corporation ("Alltel"). The Consent Decree terminates the Bureau's
investigation into whether one of Alltel's indirect wholly-owned
licensee subsidiaries failed to timely file an application to renew
its A-Block cellular license, call sign KNKA369, for the Oklahoma
City, Oklahoma cellular market area in violation of Section 1.949 of
the Commission's rules, and whether the subsidiary operated the
station without Commission authorization in violation of Section 301
of the Communications Act of 1934, as amended (the "Act"), and Section
1.903(a) of the Commission's rules.
2. The Enforcement Bureau and Alltel 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 with respect to this matter as to
whether Alltel possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
4. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the investigation.
5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and
the authority delegated by Sections 0.111 and 0.311 of the
Commission's rules, that the attached Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigatory
proceeding IS TERMINATED.
7. IT IS FURTHER ORDERED that Alltel shall make its voluntary
contribution to the United States Treasury, as specified in the
Consent Decree, by credit card through the Commission's Debt and
Credit Management Center at (202) 418-1995, or by mailing a check or
similar instrument, payable to the order of the Federal Communications
Commission, to the 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 Glenn S. Rabin-Federal Communications Counsel, Alltel,
601 Pennsylvania Avenue, NW, Suite 720, Washington, D.C. 20004, and to
Cheryl A. Tritt, Esq., Morrison & Foerster LLP, 2000 Pennsylvania
Avenue, NW, Washington, D.C. 20006-1888.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
(the "FCC" or "Commission") and Alltel Corporation ("Alltel"), by their
authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Bureau's investigation into whether one of
Alltel's indirect wholly-owned licensee subsidiaries failed to timely file
an application to renew its A-Block cellular license, call sign KNKA369,
for the Oklahoma City, Oklahoma cellular market area in violation of
Section 1.949 of the Commission's rules, and whether the subsidiary
operated the station without Commission authorization, in violation of
Section 301 of the Communications Act of 1934, as amended (the "Act"), and
Section 1.903(a) of the Commission's rules.
1. Alltel, headquartered in Little Rock, Arkansas, provides wireless
services in various regions of the United States. Alltel, through
Alltel Newco LLC ("Alltel Newco") and other affiliates and
subsidiaries, holds numerous FCC authorizations to provide wireless
telecommunications services in the United States.
2. In April 2005, Alltel acquired the A-Block cellular license, call sign
KNKA369, for the Oklahoma City, Oklahoma cellular market area (the
"License") and a related operating unit and subscribers as part of a
government-ordered divestiture of certain commercial mobile radio
service properties that served as a condition of the approval of the
merger between Cingular Wireless LLC and AT&T Wireless Services, Inc.
3. The 10-year term of the License originally extended through February
9, 2006, which is reflected in the administrative history of the
License in the Commission's Universal Licensing System ("ULS"). At the
request of AT&T Wireless, the prior license holder, the Commission
accelerated the expiration date by four months to October 1, 2005.
4. Alltel failed to file an application to renew the License by the
October 1, 2005 deadline. Alltel immediately informed the Commission
staff upon discovering the past-due deadline.
5. On December 20, 2005, Alltel filed an application requesting renewal
of the License and seeking waiver of Section 1.949 of the rules, which
provides that a renewal application must be filed by the license
6. Contemporaneously with the renewal application, Alltel also filed a
request for special temporary authority ("STA") to operate the
License's network facilities during the pendency of the renewal
application. The Commission granted the STA request on January 18,
2006 and assigned call sign WQEG235 to the STA. On June 12, 2006, at
Alltel's request, the Commission granted an extension of the STA until
December 14, 2006. At Alltel's request, the Commission subsequently
extended the STA until June 12, 2007.
7. For purposes of this Consent Decree, the following definitions shall
a. "Act" means the Communications Act of 1934, as amended.
b. "Alltel" means Alltel Corporation and any of its affiliates,
subsidiaries and/or its successors.
c. "Alltel Newco" means Alltel Newco LLC.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
e. "Commission" or "FCC" means the Federal Communications Commission.
f. "Effective Date" means the date on which the Bureau releases the
g. "Investigation" means the investigation into whether Alltel Newco
failed to timely file an application to renew the License and whether
it operated the Licensed cellular system without Commission
h. "License" means the A-Block cellular license, call sign KNKA369, for
the Oklahoma City, Oklahoma cellular market area.
i. "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms and conditions of this Consent Decree without change, addition,
j. "Parties" means Alltel and the Bureau.
k. "Plan" means the internal compliance plan to be adopted by Alltel
that is described in this Consent Decree.
l. "Rules" means the Commission's Rules found in Title 47 of the Code of
m. "STA" means the special temporary authority granted to Alltel Newco,
call sign WQEG235.
Terms of Agreement
8. Alltel agrees that the Bureau has jurisdiction over it and the subject
matter contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
9. 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 Order.
10. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement of the Investigation between Alltel and
the Bureau. In express reliance on the covenants and representations
contained herein, the Bureau agrees to terminate the Investigation. In
consideration for the termination of this Investigation and in
accordance with the terms of this Consent Decree, Alltel agrees to the
terms, conditions and procedures contained herein.
11. 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
12. 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 by Alltel with
the requirements of the Act or the Commission's rules or orders. The
Parties agree that this Consent Decree is for settlement purposes only
and that by agreeing to this Consent Decree, Alltel does not admit or
deny any noncompliance, violation, or liability associated with or
arising from its actions or omissions involving the Act or the
Commission's rules that are the subject of this Consent Decree.
13. Alltel agrees to make a voluntary contribution to the United States
Treasury, without further protest or recourse to a trial de novo, in
the amount of $100,000.00 within thirty (30) calendar days after the
Effective Date. This voluntary payment does not constitute a fine or
penalty for, or admission of, a violation of any law. Such
contribution shall be made by credit card through the Commission's
Debt and Credit Management Center at (202) 418-1995, or by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the 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. The payment should reference NAL/Acct. No. 200732100009 and
FRN # 0012284394.
14. Alltel agrees to implement, within thirty (30) calendar days after the
Effective Date, an internal compliance plan (the "Plan") to ensure
that Alltel satisfies its obligations under the Act and the
Commission's rules and orders to timely file renewal applications for
its wireless licenses. The Plan will include the following components:
a. Designated Contact. Alltel will assign the vice president for
network operations central responsibility to oversee Alltel's
compliance with the Plan and to ensure the timely filing of
applications to renew Alltel's wireless licenses.
b. Training Program. Alltel will implement and maintain a training
program for all employees whose responsibilities include
compliance with FCC license renewal policies. The training
program is ongoing and will include appropriate reference
materials and at least quarterly meetings and/or training
sessions regarding FCC compliance matters.
c. Wireless License Database. Alltel will continue its efforts to
refine its software and programmatic interface to the FCC's ULS
system to facilitate Alltel's compliance with FCC license renewal
policies. These tools will assist Alltel employees with
comparing relevant renewal dates in the database with those
listed in ULS and will automatically notify Alltel's designated
contact regarding upcoming renewal deadlines.
d. Audits. Alltel will conduct regular and random audits on at least
a monthly basis regarding its wireless license database, upcoming
renewal deadlines, and the timely filing of renewal applications.
15. The Bureau agrees that, in the absence of new material evidence, it
shall not on its own motion or in response to third-party objection,
initiate any inquiries, investigations, forfeiture proceedings,
hearings, or other sanctions or actions against Alltel based in whole
or in part on the Investigation. The Bureau also agrees that, in the
absence of new material evidence, it will not initiate or recommend to
the Commission any new proceeding, formal or informal, against Alltel
regarding the matters that were the subject of the Investigation. The
Bureau further agrees that, in the absence of new material evidence,
it will not use the facts developed in the Investigation through the
Effective Date to initiate on its own motion, or recommend to the
Commission, any proceeding, formal or informal, or take any action on
its own motion against Alltel with respect to Alltel's basic
qualifications to hold Commission licenses or authorizations.
Consistent with the foregoing, nothing in this Consent Decree limits
the Commission's authority to consider and adjudicate any complaint
that may be filed pursuant to Section 208 of the Act, and to take any
action in response to such complaint. The Commission's adjudication of
any such complaint will be based solely on the record established in
16. Alltel's decision to enter into this Consent Decree is expressly
contingent upon the Bureau's issuance of an Order that is consistent
with this Consent Decree, and which adopts the Consent Decree without
change, addition or modification.
17. Provided the Bureau issues an Order adopting the Consent Decree
without change, addition or modification, Alltel 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 Order adopting this Consent
18. 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 Alltel nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and Alltel and the Commission
will waive any statutory right to a trial de novo with respect to the
issuance of the Adopting Order and shall consent to a judgment
incorporating the terms of this Consent Decree.
19. In the event that this Consent Decree is rendered invalid by a court
of competent jurisdiction, it shall become null and void and may not
be used in any manner in any legal proceeding.
20. Alltel agrees that any violation of the Order or of this Consent
Decree shall constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.
21. The Parties agree that if any provision of this Consent Decree
conflicts with any subsequent rule or order adopted by the Commission
(except an order specifically intended to revise the terms of this
Consent Decree to which Alltel does not consent), that provision will
be superseded by such Commission rule or order.
22. Alltel waives any rights it may have under any provision of the Equal
Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
relating to the matters addressed in this Consent Decree.
23. This Consent Decree cannot be modified without the advance written
consent of both Parties.
24. The Parties agree that the terms and conditions of this Consent Decree
shall remain in effect for a period of twenty-four (24) months from
the Effective Date.
25. This Consent Decree may be signed in counterparts.
For: Alltel Corporation
Date Glenn S. Rabin
Vice President-Federal Communications Counsel
For: Enforcement Bureau
Federal Communications Commission
Date Kris Anne Monteith
Chief, Enforcement Bureau
47 C.F.R. S 1.949.
47 U.S.C. S 301; 47 C.F.R. SS 1.949, 1.955(a)(1).
47 U.S.C. S 154(i); 47 C.F.R. SS 0.111, 0.311.
47 C.F.R. S 1.949.
47 U.S.C. S 301; 47 C.F.R. S 1.903(a).
See Applications of AT&T Wireless Services, Inc. and Cingular Wireless
Corp., 19 FCC Rcd 21522 (2004); Public Notice, Wireless Telecommunications
Bureau Assignment of License Authorization Applications, Transfer of
Control of Licensee Applications, De Facto Transfer Lease Applications and
Spectrum Manager Lease Notifications Action, Report No. 2124D (rel. Apr.
The administrative history of the first renewal application for the
License (ULS File No. 07946CLMR95) shows a license expiration date of
February 9, 2006.
See Radio Station Authorization for Cellular License KNKA369 (listing the
expiration date of the License as October 1, 2005).
See ULS File No. 0002418247.
47 C.F.R. S 1.949.
See ULS File No. 0002418331.
^6 47 U.S.C. S 208.
Federal Communications Commission DA 07-43
Federal Communications Commission DA 06-