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

In the Matter of )
)
AT&T Wireless Services, Inc. ) File No. EB-02-TS-018
) NAL/Acct. No.
200232100002
) FRN 0003-7665-32

ORDER

Adopted: October 8, 2002 Released: October
9, 2002

By the Commission:

1. In this Order, we adopt a Consent Decree
terminating the above-captioned proceeding1 regarding
possible violations by AT&T Wireless Services, Inc. (``AT&T
Wireless'') of the enhanced 911 (``E911'') Phase II
provisions of Section 20.18 of the Commission's Rules
(``Rules''),2 Sections 1.17 and 1.65 of the Rules,3 and the
supplemental filing requirement set forth in the Commission
order granting AT&T Wireless a waiver of the E911 Phase II
rules for its Global System for Mobile
Communications/General Packet Radio Service network.4
2. The Commission and AT&T Wireless have
negotiated the terms of a Consent Decree that would resolve
this matter and terminate the above-captioned 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 as
to whether AT&T Wireless 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 above-
captioned proceeding.
5. Accordingly, IT IS ORDERED, pursuant to
Sections 4(i), 4(j) and 503(b) of the Communications Act of
1934, as amended,5 that the attached Consent Decree IS
ADOPTED.
6. AT&T Wireless 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.
200232100002 and FRN 0003-7665-32.
7. IT IS FURTHER ORDERED that the May 20, 2002
Notice of Apparent Liability for Forfeiture issued to AT&T
Wireless Services, Inc. IS CANCELLED and the above-captioned
proceeding 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
AT&T Wireless Services, Inc. (``AT&T Wireless'') hereby enter
into a Consent Decree resolving possible violations by AT&T
Wireless of the E911 Phase II provisions of Section 20.18 of the
Commission's Rules, 47 C.F.R. з 20.18, Sections 1.17 and 1.65 of
the Commission's Rules, 47 C.F.R. зз 1.17 and 1.65, and the
supplemental filing requirement set forth in the Commission order
granting AT&T Wireless a waiver of the E911 Phase II provisions
for its Global System for Mobile Communications/General Packet
Radio Service (``GSM'') network.

Statement of Facts

9. On October 2, 2001, the Commission adopted an
order approving AT&T Wireless's plan to deploy a hybrid network
and handset-based technology called Enhanced Observed Time
Difference of Arrival (``E-OTD'') across its planned Global
System for Mobile Communications/General Packet Radio Service
network and granting AT&T Wireless a temporary, conditional
waiver of the accuracy requirements for handset-based location
technologies to permit implementation of this plan.6 The
Commission granted AT&T Wireless's waiver request subject to the
following four specific conditions: (1) that, effective October
1, 2001, all E-OTD-capable handsets provide ALI with an accuracy
of 100 meters/67 percent of calls and 300 meters/95 percent of
calls; (2) that all E-OTD-capable handsets sold and activated on
or after October 1, 2003 comply with an accuracy of 50 meters/67
percent of calls and 150 meters/95 percent of calls; (3) that
AT&T Wireless file Quarterly Reports on its progress and
compliance with the terms and conditions of its implementation
plan and the E911 rules beginning February 1, 2002 and continuing
through November 1, 2003; and (4) that, in the event that its E-
OTD solution fails to comply with the accuracy requirements by
October 1, 2003, AT&T Wireless propose a solution that does
comply with those requirements and the other applicable Phase II
rules. The Commission also directed AT&T Wireless to make a
supplemental filing notifying the Commission to the extent that
unexpected problems affecting its ability to perform arise in the
period between Quarterly Reports.
10. On May 20, 2002, the Commission released a Notice
of Apparent Liability for Forfeiture (``NAL'') following an
investigation into whether AT&T Wireless violated the E911 Phase
II rules with respect to its GSM network and whether AT&T
Wireless made inaccurate statements in its request for a waiver
of the E911 Phase II rules for its GSM network.7 The NAL found
AT&T Wireless apparently liable for a $2.2 million forfeiture
for: (1) apparently failing to begin selling and activating
location-capable handsets by October 1, 2001, in willful and
repeated violation of Section 20.18(g)(1)(i) of the Commission's
Rules; (2) apparently failing to implement any network or
infrastructure upgrades necessary to provide E911 Phase II
service and begin providing service within six months of a valid
request by a Public Safety Answering Point or by October 1, 2001,
whichever is later, in willful and repeated violation of Section
20.18(g)(2) of the Commission's Rules; (3) apparently failing to
notify the Commission within 30 days that information contained
in its E911 waiver request was no longer substantially accurate
or complete in all respects, in willful and repeated violation of
Section 1.65 of the Commission's Rules; and (4) apparently
failing to make a supplementary filing notifying the Commission
that it was not going to comply with the deployment schedule
requirements set forth in the E911 rules in willful and repeated
violation of the GSM Waiver Order. The NAL also noted that the
Enforcement Bureau was continuing to investigate this matter to
determine whether AT&T Wireless may have engaged in
misrepresentation in violation of Section 1.17 of the
Commission's Rules. AT&T Wireless filed a response to the NAL on
June 19, 2002.8
Terms of Settlement

11. For the purposes of this Consent Decree and the
attached Compliance Plan, the following definitions shall apply:
(a) ``FCC'' or ``Commission'' means the Federal
Communications Commission.
(b) ``Parties'' means AT&T Wireless Services, Inc. and
the Federal Communications Commission.
(c) ``AT&T Wireless'' means AT&T Wireless Services,
Inc., its 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. з 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 the cell site of
all hardware and base release software necessary
to provide Phase II service.

12. 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.
13. 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.
14. AT&T Wireless 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.
15. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between AT&T
Wireless and the FCC regarding the possible violations addressed
in the NAL of the E911 Phase II rules for its GSM network,
Sections 1.17 and 1.65 of the Rules, and the supplemental filing
requirement set forth in the GSM Waiver Order. In consideration
for termination by the Commission of its investigation into
whether AT&T Wireless has violated the E911 Phase II rules for
its GSM network, Sections 1.17 and 1.65 of the Rules, and the
supplemental filing requirement set forth in the GSM Waiver Order
and for cancellation of the NAL, and in accordance with the terms
of this Consent Decree, AT&T Wireless agrees to the terms set
forth herein and in the accompanying and incorporated Compliance
Plan. To ensure AT&T Wireless's future compliance with the Act
and the Commission's rules, AT&T Wireless agrees, effective
thirty days after the release of the Order, to implement the
specific measures contained in the attached Compliance Plan.
16. In express reliance on the covenants and
representations in this Consent Decree, the FCC agrees to
terminate its investigation into whether AT&T Wireless has
violated the E911 Phase II rules for its GSM network, Sections
1.17 and 1.65 of the Rules, and the supplemental filing
requirement set forth in the GSM Waiver Order as addressed in the
NAL and to cancel the NAL.
17. AT&T Wireless agrees to comply with the E911 Phase
II rules modified as follows:
(a) First, AT&T Wireless agrees:

(1) To deploy a Phase II compliant technology at
a minimum of 1,000 cell sites on its GSM network
by January 31, 2003.9 In meeting this benchmark,
AT&T Wireless 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 March 31, 2003. In meeting this benchmark,
AT&T Wireless 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 provide Phase II service at 2,000 of these
sites by June 30, 2003. In meeting this
benchmark, AT&T Wireless 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 December 31, 2003, 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 June 30, 2004, 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 AT&T
Wireless on or before September 30, 2002, AT&T
Wireless must provide its Phase II compliant
solution to 100% of those PSAPs' coverage areas or
population by November 30, 2003.

(7) For valid PSAP requests received after
September 30, 2002, but on or before April 30,
2003, AT&T Wireless must provide its Phase II
compliant solution to 50% of those PSAPs' coverage
areas or population by November 30, 2003, and to
100% of those PSAPs' coverage areas or population
by June 30, 2004.

(8) For valid PSAP requests received after April
30, 2003, AT&T Wireless 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, AT&T Wireless 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, AT&T Wireless 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.10

(d) Fourth, in any market where AT&T Wireless 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 AT&T Wireless are location capable,
AT&T Wireless 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, AT&T Wireless agrees that in the event it
fails to comply with any of the benchmarks set forth in paragraph
9(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.а The payment should
reference NAL/Acct. No. 200232100002, as well as AT&T Wireless's
FCC Registration Number (``FRN'') 0003-7665-32.

(f) Sixth, AT&T Wireless 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 10-12, infra.11

(g) Seventh, with its November 1, 2002 Quarterly
Report, AT&T Wireless must submit a Phase II rollout plan
describing how it will prioritize PSAP requests and deploy Phase
II service in its GSM network.

18. To assist in monitoring and enforcing each of the
conditions imposed on AT&T Wireless, AT&T Wireless must file
Quarterly Reports with the Chief of the Enforcement Bureau and
the Chief of the Wireless Telecommunications Bureau regarding its
GSM network.12
19. 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 AT&T Wireless's GSM network,
including the name of the PSAP, the date the request was received
by the carrier, whether or not AT&T Wireless considers it valid,
and its status. To the extent any PSAP request for Phase II
service in AT&T Wireless's GSM network received after April 30,
2003 has been pending for more than six months, AT&T Wireless
must identify the specific reasons underlying the failure to
provide the requested service, the steps AT&T Wireless 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 AT&T Wireless 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. AT&T Wireless 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 AT&T Wireless 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 AT&T Wireless has
commenced offering service on its GSM network and,
if so, on what date it began offering its GSM
service;

(2) a statement of whether AT&T Wireless'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;

(3) for the January 31, 2003 benchmark, a
statement of whether AT&T Wireless 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;

(4) for the March 31, 2003 benchmark, a statement
of whether AT&T Wireless 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;

(5) for the June 30, 2003 benchmarks, a statement
of (i) whether AT&T Wireless 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 AT&T Wireless is providing Phase
II service at 2,000 of these sites, and
identifying the 2,000 cell sites;

(6) for the December 31, 2003 benchmark, a
statement of whether AT&T Wireless has deployed a
compliant Phase II technology at 6,000 cell sites;

(7) for the June 30, 2004 benchmark in paragraph
9(a)(5), a statement of whether AT&T Wireless has
deployed a compliant Phase II technology at 8,000
cell sites;

(8) for the June 30, 2004 benchmark in paragraph
9(a)(7), a statement of whether, for any valid
PSAP requests for Phase II service on its GSM
network received by AT&T Wireless after September
30, 2002, but on or before April 30, 2003, AT&T
Wireless has provided its Phase II compliant
solution to 100% of those PSAPs' coverage areas or
population; and

(9) for any valid PSAP request received after
April 30, 2003, a statement of whether AT&T
Wireless 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) AT&T Wireless must support each Quarterly Report
with an affidavit, from an officer or director of AT&T Wireless,
attesting to the truth and accuracy of the report.15

(d) In addition to the requirements of paragraph
11(b), AT&T Wireless 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 AT&T
Wireless 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 AT&T Wireless from possible
enforcement in cases where AT&T Wireless has violated a condition
of this Consent Decree. AT&T Wireless 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) AT&T Wireless must also file a supplemental report
on December 15, 2003 containing, for the November 30, 2003
benchmark, statements of whether: (i) for any valid PSAP requests
for Phase II service on its GSM network received by AT&T Wireless
on or before September 30, 2002, AT&T Wireless has provided its
Phase II compliant solution to 100% of those PSAPs' coverage
areas or population; and (ii) for any valid PSAP requests for
Phase II service on its GSM network received by AT&T Wireless
after September 30, 2002, but on or before April 30, 2003, AT&T
Wireless has provided its Phase II compliant solution to 50% of
those PSAPs' coverage areas or population.

(f) To the extent AT&T Wireless 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) AT&T Wireless's Quarterly Reports are due February
1, May 1, August 1, and November 1 of each year, beginning
November 1, 2002 and continuing through February 1, 2006. To the
extent that AT&T Wireless 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.

20. The Parties agree that the Chiefs of the Wireless
Telecommunications Bureau and the Enforcement Bureau may require
AT&T Wireless to provide additional information in its Quarterly
Reports, in order to evaluate AT&T Wireless' compliance with the
terms and conditions of the Consent Decree, and its progress in
deploying Phase I and Phase II E911 services.
21. To the extent unexpected problems arise affecting
AT&T Wireless's ability to perform any of the requirements set
forth in paragraph 9(a) in the period between reports, AT&T
Wireless agrees to notify the Commission through a supplementary
filing to be filed within 30 days of AT&T Wireless's discovery of
the problem. This supplemental filing must include specific
details regarding the problems AT&T Wireless has encountered
affecting its ability to comply with the benchmark requirements.
22. 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.
23. The Parties agree that the terms of the
accompanying Compliance Plan are incorporated into this Consent
Decree.
24. AT&T Wireless 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, AT&T Wireless 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 AT&T Wireless 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, AT&T Wireless'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), or 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), 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. AT&T Wireless agrees to make a voluntary
contribution to the United States Treasury in the amount of Two
Million Dollars ($2,000,000) within thirty (30) days after the
Effective Date. AT&T Wireless 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.
200232100002 and FRN 0003-7665-32.
26. 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 AT&T Wireless for the possible
violations addressed in the NAL of the E911 Phase II rules for
its GSM network, Sections 1.17 and 1.65 of the Rules, and the
supplemental filing requirement set forth in the GSM 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 AT&T Wireless 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 AT&T Wireless
pursuant to Sections 4(i), 403 and 503 of the Act, 47 U.S.C. зз
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.
27. Nothing in this Consent Decree shall prevent the
FCC from adjudicating complaints filed pursuant to Section 208 of
the Act, 47 U.S.C. з 208, against AT&T Wireless 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.
28. AT&T Wireless 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.
29. 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 AT&T Wireless nor the FCC shall contest
the validity of the Consent Decree or Adopting Order, and AT&T
Wireless and the FCC shall waive any statutory right to a trial
de novo with respect to any matter upon which the Adopting Order
is based and shall consent to a judgment incorporating the terms
of this Consent Decree.
30. AT&T Wireless agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. з
504 and 47 C.F.R. з 1.1501 et seq., relating to the matters
discussed in this Consent Decree.
31. 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.
32. 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 Sections 1.17, 1.65 and 20.18 of the Rules, and the
supplemental filing requirement set forth in the GSM Waiver
Order. The Parties agree that this Consent Decree is for
settlement purposes only and that by agreeing to this Consent
Decree, AT&T Wireless does not admit or deny any liability for
violating Commission rules in connection with the matters that
are the subject of this Consent Decree.
33. The Parties agree that any provision of the
Consent Decree that would require AT&T Wireless 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. 34. This Consent Decree may be signed in
counterparts.

For the Federal Communications Commission For AT&T
Wireless Services, Inc.

______________________________
______________________________
Marlene H. Dortch Douglas I. Brandon
Secretary Vice President - External
Affairs & Law

______________________________
______________________________
Date Date

COMPLIANCE PLAN

1. Compliance Officer. Within 30 days of the Effective Date,
AT&T Wireless will appoint an E911 Compliance Officer
(``Compliance Officer''), who will administer the compliance
program described below. The Compliance Officer also will
supervise AT&T Wireless's compliance with the FCC's E911 rules
and the requirements of this consent decree, including the need
to keep the FCC apprised in a timely manner of developments
affecting compliance with all E911 rules and requirements.

2. Written Advisory. Within 60 days of the Effective Date, the
Compliance Officer will send a written advisory on the E911
rules, the requirements of this consent decree, and sections 1.17
and 1.65 of the FCC's rules to (1) each officer of AT&T Wireless,
(2) each employee in AT&T Wireless's External Affairs Group, and
(3) all employees, contractors, consultants, and any other
persons or entities associated with AT&T Wireless who have or
will have E911-related responsibilities for or on behalf of AT&T
Wireless. The written advisory shall be substantially in the
form of Attachment A hereto.

3. Non-Compliance Admonition. Distributed with the advisory
shall be a written admonition that (1) non-compliance with the
FCC's E911 rules, this consent decree, or section 1.17 or 1.65 of
the FCC's rules in connection with AT&T Wireless's E911
deployment, or (2) the failure to report information about non-
compliance or possible non-compliance to the Compliance Officer
within ten (10) business days after receiving such information,
will result, in every case, in disciplinary action, which may
include dismissal. Not later than twenty (20) days after a
person begins performance of his or her duties as an officer of
AT&T Wireless, AT&T Wireless External Affairs employee, or other
covered employee, AT&T Wireless shall provide that person with a
copy of the advisory and accompanying admonition.

4. Semi-Annual Meetings. The Compliance Officer will meet not
less than twice a year with all AT&T Wireless personnel
materially involved in E911 compliance to review and explain the
FCC's E911 rules, the FCC's rules regarding truthful statements
and the obligation to maintain the accuracy and completeness of
any pending FCC application, and the requirements of this consent
decree. AT&T Wireless will maintain written certification from
each covered employee certifying that he or she has attended the
meeting(s), received the advisory and accompanying admonition,
and understands AT&T Wireless's obligations to comply with such
rules and requirements.

5. Quarterly Report Verification. AT&T Wireless will institute
a requirement that any employee who signs and submits a quarterly
report or other required filing regarding E911 compliance on
behalf of AT&T Wireless confer with the Compliance Officer to
discuss compliance with the FCC's E911 rules, the requirements of
this consent decree, and sections 1.17 and 1.65 of the FCC's
rules before signing and submitting such report or other filing.

6. List of Employees Verifying Information in Quarterly
Reports. AT&T Wireless will maintain a list of those employees
who, after the effective date of this consent decree, verify the
factual assertions contained in a quarterly report or other
required filing regarding E911 compliance. The list will specify
which reports or other filings, or portions of reports or
filings, the employee verified.

7. Quarterly Report Statement. AT&T Wireless will require that
any quarterly report or other required filing regarding E911
compliance signed by an employee include a statement that the
employee has attended the semi-annual compliance meeting(s),
received the advisory and accompanying admonition, and
understands AT&T Wireless's obligations to comply with all E911
rules, the requirements of this consent decree, and sections 1.17
and 1.65 of the FCC's rules.

8. Compliance Tracking. AT&T Wireless will assign a manager in
its External Affairs Group the responsibility of tracking
compliance with the requirements above, including the maintenance
of records documenting such compliance.

9. Disciplinary Action. If, after an internal investigation
and based upon a preponderance of the evidence, AT&T Wireless
concludes that one of its employees has intentionally made any
misrepresentation, or engaged in any willful material omission in
any submission to the FCC, either orally or in writing, AT&T
Wireless will take appropriate disciplinary action, up to and
including dismissal.
ATTACHMENT A

FCC E911 RULES

IMPORTANT NOTICE

Non-compliance with the FCC's E911 rules, the GSM Consent Decree,
or section 1.17 or 1.65 of the FCC's rules, or the failure to
report information about non-compliance or possible non-
compliance to the Compliance Officer within ten (10) business
days after receiving such information, will result, in every
case, in disciplinary action, which may include dismissal.

╖ FCC Phase II E911 Rules. Under Phase II of the FCC's wireless
E911 rules, wireless carriers are required to provide to the
designated Public Safety Answering Point (``PSAP'') the
location of wireless 911 callers, a capability known as
Automatic Location Identification (``ALI''), using handset-
based or network-based location technologies.

Handset-based location technologies must provide the
location of wireless 911 calls with an accuracy of 50 meters
for 67 percent of calls and 150 meters for 95 percent of
calls. A carrier using a handset-based solution must begin
to offer one entry-level model with location capability no
later than October 1, 2001, and must ensure that 95 percent
of its customers have location-capable handsets no later
than December 31, 2005.

Network-based location technologies must provide the
location of wireless 911 calls with an accuracy of 100
meters for 67 percent of calls and 300 meters for 95 percent
of calls. A carrier using a network-based solution must
provide ALI to 50 percent of its coverage area, or 50
percent of its population, beginning on October 1, 2001 or
within six months of a PSAP request, whichever is later, and
to 100 percent of callers within 18 months of that request
or by October 1, 2002, whichever is later.

╖ GSM Consent Decree Deployment and Service Requirements. Under
the terms of the Consent Decree entered into by AWS and the
FCC to resolve possible violations by AWS of the FCC's E911
Phase II rules for its GSM network, AWS must deploy a Phase II
compliant technology in accordance with the following
schedule:

A minimum of 1,000 cell sites on its GSM network by January
31, 2003, giving priority to fulfilling pending PSAP
requests first.

A minimum of 2,000 cell sites on its GSM network by March
31, 2003, giving priority to fulfilling pending PSAP
requests first.

A minimum of 4,000 cell sites, with service to 2,000 of
those sites, by June 30, 2003, giving priority to fulfilling
pending PSAP requests first.

A minimum of 6,000 cell sites on its GSM network by December
31, 2003, if necessary to meet a valid PSAP request pending
more than six months as of that date.

A minimum of 8,000 cell sites on its GSM network by June 30,
2004, if necessary to meet a valid PSAP request pending more
than six months as of that date.

For any valid PSAP requests for Phase II service on its GSM
network received by AWS on or before September 30, 2002,
AT&T Wireless must provide its Phase II compliant solution
to 100% of those PSAPs' coverage areas or population by
November 30, 2003.

For valid PSAP requests received after September 30, 2002,
but on or before April 30, 2003, AWS must provide its Phase
II compliant solution to 50% of those PSAPs' coverage areas
or population by November 30, 2003, and to 100% of those
PSAPs' coverage areas or population by June 30, 2004.

For valid PSAP requests received after April 30, 2003, AWS
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.

The Consent Decree specifies a number of reporting
requirements.

AWS must file Quarterly Reports on its progress and
compliance with the terms and conditions of the Consent
Decree and the wireless E911 rules. These Quarterly Reports
are due February 1, May 1, August 1, and November 1 of each
year, beginning November 1, 2002 and continuing through
February 1, 2006.

In addition, AWS must file a supplemental report on December
15, 2003 regarding its progress in meeting the November 30,
2003 benchmarks described above.

To the extent AT&T Wireless cannot provide the information
required in a 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.

To the extent AWS anticipates that it will fail to satisfy
any one of the conditions in the Consent Decree, it must
advise the Commission of the problem within 30 days.

To the extent unexpected problems arise affecting AWS'
ability to perform any of the deployment or service
requirements in the Consent Decree in the period between
reports, AT&T Wireless agrees to notify the Commission
through a supplementary filing to be filed within 30 days of
AWS discovery of the problem. This supplemental filing must
include specific details regarding the problems AWS has
encountered affecting its ability to comply with the
benchmark requirements.

╖ Truthful Written Statements to FCC. Under section 1.17 of the
FCC's rules, AWS may not make any misrepresentation or willful
material omission in any response to any FCC correspondence or
inquiry or in any application, pleading, report or any other
written statement submitted to the FCC.

╖ Continuing Accuracy and Completeness of Information Furnished
to FCC. Under section 1.65 of the FCC's rules, AWS is
responsible for ensuring the continuing accuracy and
completeness of information provided to the FCC in a pending
application or in Commission proceedings involving a pending
application. If the information in a pending application is
no longer substantially accurate and complete in all
significant respects, AWS must amend the pending application
to provide additional or corrected information as promptly as
possible and in any event within 30 days. If there is a
substantial change as to any other matter that may be
significant to the FCC, AWS must submit a statement furnishing
additional or corrected information as promptly as possible
and in any event within 30 days.

╖ E911 Compliance Officer. AWS has appointed [name, title] to
serve as its E911 Compliance Officer, who can be reached at
[contact information]. The E911 Compliance Officer supervises
AWS' compliance with the FCC's E911 rules and the GSM Consent
Decree, including the need to keep the FCC apprised in a
timely manner of developments affecting compliance with all
E911 rules and requirements. Any officer, employee,
contractor, consultant or any other person or entity
associated with AWS who has E911-related responsibilities for
or on behalf of AWS must notify the E911 Compliance Officer
within ten (10) business days if he or she receives any
information about non-compliance or possible non-compliance
with the FCC's E911 rules, the GSM Consent Decree, or sections
1.17 or 1.65 of the FCC's rules in connection with AWS' E911
deployment.

_________________________

1 AT&T Wireless Services, Inc., Notice of Apparent
Liability for Forfeiture, 17 FCC Rcd 9903 (2002) (``NAL'').

2 47 C.F.R. з 20.18.

3 47 C.F.R. зз 1.17 and 1.65.

4 Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems,
(Request for Waiver by AT&T Wireless Services, Inc.), CC
Docket No. 94-102, 16 FCC Rcd 18253 (2001).

5 47 U.S.C. зз 154(i), 154(j) and 503(b).

6 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, (Request for Waiver
by AT&T Wireless Services, Inc.), CC Docket No. 94-102, 16 FCC
Rcd 18253 (2001) (``GSM Waiver Order'').

7 AT&T Wireless Services, Inc., 17 FCC Rcd 9903 (2002).

8 AT&T Wireless Services, Inc. Response to Notice of Apparent
Liability, CC Docket 94-102 (filed June 19, 2002).

9 AT&T Wireless currently plans to employ a network-based
location technology that has not yet been fully validated on AT&T
Wireless's network, but which AT&T Wireless currently expects
will meet the Phase II accuracy requirements and for which AT&T
Wireless expects full validation in seven months. AT&T Wireless
must report to the Commission the results of its validation tests
within 30 days of completion pursuant to the reporting
requirement of paragraph 11(d). To the extent this network-based
location technology does not comply with the Commission's Phase
II accuracy requirements, AT&T must request approval from the
Commission to employ an alternative location technology that does
comply with those requirements. See infra paragraph 11(d).

10 As required by Section 20.18(h)(1) of the Commission's
Rules AT&T Wireless'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 AT&T Wireless is
required to use the E-OTD technology in the alternative, see
supra n. 9, 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, AT&T Wireless 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. AT&T Wireless'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.

11 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 June 18, 2002 TDMA Consent Decree. AT&T Wireless
may, however, combine the information required with respect to
its GSM network and its TDMA/AMPS networks into a single
Quarterly Report.

12 Each of the conditions imposed on AT&T Wireless as
described in this Consent Decree pertains only to AT&T Wireless's
GSM network.

13 AT&T Wireless 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 AT&T Wireless's
request for relief.

14 See .

15 See 47 CFR з1.16.