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

In the Matter of                )
QUALCOMM Incorporated           )    File No. EB-00-TS-236
                                )    NAL/Acct. No. 200132100004
                         CONSENT DECREE 

1.        The Enforcement  Bureau of  the Federal  Communications 
  Commission and  QUALCOMM Incorporated (``QUALCOMM''), by  their 
  attorneys  or  authorized representatives,  hereby  enter  into 
  this voluntary Consent Decree regarding possible violations  of 
  Section 22.921  of the Commission's  rules concerning 911  call 
  completion  methods   for  QUALCOMM's  TriMode  Portable   User 
  Terminal  (``Terminal''), the  principal  purpose of  which  is 
  operation  with  the  worldwide  Globalstar  constellation   of 
  satellites.  Section  22.921 requires  that all  analog-capable 
  handsets   manufactured  after   February   13,  2000   use   a 
  Commission-approved method for the processing of E911 calls.

2.        On August  16, 2000,  representatives of  QUALCOMM  met 
  with the  staff of the  Wireless Telecommunications Bureau  and 
  the  Enforcement  Bureau  for  the  purpose  of  apprising  the 
  Commission that modifications  to the software of the  Terminal 
  could be required  to bring the Terminals into compliance  with 
  Section  22.921  and  to  seek  resolution  of  any  associated 
  compliance issues.   At the time of  the meeting, no  complaint 
  or enforcement  action was pending  against QUALCOMM  regarding 
  this matter.

3.        QUALCOMM and the  Enforcement Bureau  have had  further 
  meetings  to seek  a resolution  of  the matters  described  in 
  QUALCOMM's Petition.   In consideration of  the termination  by 
  the Enforcement  Bureau of  its inquiry  into whether  QUALCOMM 
  may have  violated the  Commission's rules,  and in  accordance 
  with the terms of  this Consent Decree, QUALCOMM agrees to  the 
  following   terms,   conditions   and   procedures    regarding 
  compliance with Section 22.921.   

4.        For the purposes of this Consent Decree, the  following 
  definitions shall apply:

          4.1   ``Commission''  or  ``FCC''  means  the   Federal 
Communications Commission;

          4.2 ``Bureau''  means  the Enforcement  Bureau  of  the 
Federal Communications Commission;

          4.3  ``QUALCOMM'' means QUALCOMM Incorporated;

          4.4  ``Parties'' means QUALCOMM and the Bureau; and

          4.5  ``Adopting Order''  means an order  of the  Bureau 
adopting the terms and conditions of this Consent Decree.

5.        The Parties agree that the provisions of this voluntary 
  Consent  Decree shall  be  subject  to final  approval  by  the 
  Bureau by incorporation of such provisions by reference in  the 
  Adopting Order  and that  either party may  withdraw from  this 
  Consent Decree  upon written notice to  the other prior to  the 
  issuance of such Adopting Order.

6.        The Parties agree that this Consent Decree shall become 
  effective  on  the  date  on  which  the  Bureau  releases  the 
  Adopting  Order.  Upon  release, the  Adopting Order  and  this 
  Consent Decree  shall have  the same  force and  effect as  any 
  other order  of the Commission and  any violation of the  terms 
  of  this Consent  Decree  shall  constitute a  violation  of  a 
  Commission order entitling  the Commission to exercise any  and 
  all rights and to  seek any and all remedies authorized by  law 
  for an enforcement of a Commission order. 

7.        QUALCOMM   acknowledges   the   jurisdiction   of   the 
  Commission to adopt this Consent Decree.

8.        QUALCOMM waives any rights it may have to seek judicial 
  review or  otherwise challenge or contest  the validity of  the 
  Adopting Order or this Consent Decree.

9.        QUALCOMM waives  any  rights  it  may  have  under  any 
  provision of the Equal Access to Justice Act, 5 U.S.C.  504.

10.       The Parties  agree  that  this Consent  Decree  is  for 
  settlement  purposes  and that  QUALCOMM  does  not  admit  any 
  alleged violation or liability.

11.       QUALCOMM shall  make a  voluntary contribution  to  the 
  United States  Treasury in the amount  of twenty five  thousand 
  dollars  ($25,000) within  thirty (30)  days of  the  effective 
  date of this Consent Decree.  Such contribution shall be  made, 
  without further  protest or  recourse, 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,   Forfeiture   Collection 
  Section,  Finance Branch,  P.O.  Box 73482,  Chicago,  Illinois 
  60673-7482.   The   payment  should  reference  NAL/Acct.   No. 

12.       QUALCOMM  agrees   that  all   TriMode  Portable   User 
  Terminals   manufactured   after  November   30,   2000   shall 
  incorporate  software using  a Commission-approved  method  for 
  completing  analog  911  calls.   To  the  best  of  QUALCOMM's 
  knowledge, none  of the Terminals  manufactured since  February 
  13, 2000  have yet been  delivered to end  users in the  United 
  States, and QUALCOMM will ensure that a process is in place  to 
  incorporate the  updated software in  all affected  inventoried 
  Terminals. To the extent that any Terminal manufactured  before 
  February 13, 2000  is returned for repair or service,  QUALCOMM 
  will  upgrade   that  Terminal  to   incorporate  the   updated 

13.       QUALCOMM will  implement a  Regulatory Compliance  Plan 
  (``RCP'')  that will  include  the appointment  of  a  wireless 
  standards engineer, and  an alternate, who will be  responsible 
  for  overseeing  compliance  with  the  Commission's  technical 
  rules.  QUALCOMM shall provide the Chief of the Bureau (or  the 
  designee of the Chief) within thirty (30) calendar days of  the 
  receipt  of  a  written request  from  the  Bureau,  copies  of 
  business  records kept  in  the ordinary  course  demonstrating 
  implementation and use  of the RCP.  QUALCOMM may request  that 
  such records  be treated as  confidential business records  and 
  that  such records  shall be  subject  to all  the  protections 
  afforded   to   confidential   business   records   under   the 
  Commission's rules.   Nothing in this  Consent Decree shall  be 
  deemed to be an obligation on the part of QUALCOMM to  disclose 
  to the Bureau  ``material inside information'' as that term  is 
  defined  in  applicable securities  laws  and  regulations,  or 
  proprietary  technical  or  engineering  data,  techniques   or 

14.       The Parties  agree and  acknowledge that  this  Consent 
  Decree shall  constitute a final settlement  of the inquiry  of 
  the Bureau into  the matters described above and in  QUALCOMM's 
  Petition for  temporary waiver of  Section 22.921.  The  Bureau 
  will not initiate or entertain any enforcement actions  against 
  QUALCOMM,  nor   will  it   seek,  entertain   or  impose   any 
  administrative  or  other  penalties  or  injunctive  or  other 
  relief from or  against QUALCOMM based on any complaint,  claim 
  or allegation arising  out of the manufacture of the  Terminals 
  prior to November 30, 2000, or the sale or distribution of  the 

15.       The Parties agree that the terms and conditions of this 
  Consent  Decree shall  remain in  effect for  twenty-four  (24) 
  months from  the effective date of  this Consent Decree,  which 
  shall be  the date of the release  of the Adopting Order.   The 
  Parties also  agree that  any provision of  the 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.       If this Consent Decree is  not signed by both  Parties, 
  is not adopted by  the Bureau or is otherwise rendered  invalid 
  by any  court of competent jurisdiction,  it shall become  null 
  and  void and  shall not  become part  of the  record in  these 
  enforcement proceedings  nor may it be used  by any party in  a 
  legal proceeding.  The  Parties agree, however, that except  as 
  otherwise ordered by  any court of competent jurisdiction,  the 
  Parties will  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.

17.       This Consent Decree may be signed in counterparts.

For the Federal Communications Commission:

David H. Solomon
Chief, Enforcement Bureau

For QUALCOMM Incorporated

Veronica M. Ahern
Its Attorney