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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                               
                                                                 
                                 )                               
                                     File No. EB-07-SE-006       
     In the Matter of            )                               
                                     NAL/Acct. No. 200732100045  
     Sprint Nextel Corporation   )                               
                                     FRN # 0014139349            
                                 )                               
                                                                 
                                 )                               


                  Notice of apparent Liability for forfeiture

   Adopted: August 29, 2007 Released: August 30, 2007

   By the Commission: Chairman Martin issuing a statement.

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Sprint Nextel Corporation ("Sprint Nextel") apparently liable for a
       forfeiture in the amount of one million three hundred twenty five
       thousand dollars ($1,325,000) for the willful and repeated violation
       of Section 20.18(g)(1)(v) of the Commission's Rules ("Rules"). The
       apparent violation involves Sprint Nextel's failure to comply with the
       Commission's requirement that wireless carriers employing a
       handset-based Enhanced 911 ("E911") Phase II location technology must
       achieve 95% penetration, among their subscribers, of location-capable
       handsets by December 31, 2005.

   II. Background

    2. The Commission's wireless E911 rules ensure that the important public
       safety needs of wireless callers requiring emergency assistance are
       met as quickly as possible. Under Phase II of the E911 rules, wireless
       licensees are required to provide Public Safety Answering Points
       ("PSAPs") with Automatic Location Identification ("ALI") information
       for 911 calls. Licensees can provide ALI information by deploying
       location information technology in their networks (a network-based
       solution), or Global Positioning System ("GPS") or other location
       technology in subscribers' handsets (a handset-based solution). The
       Commission's rules also establish phased-in schedules for carriers to
       deploy any necessary network components and begin providing Phase II
       service. However, before a wireless licensee's obligation to provide
       E911 service is triggered, a PSAP must make a valid request for E911
       service, i.e., the PSAP must be capable of receiving and utilizing the
       data elements associated with the service and must have a mechanism in
       place for recovering its costs.

    3. In addition to deploying the network facilities necessary to deliver
       location information, wireless licensees that elect to employ a
       handset-based solution must meet the handset deployment benchmarks set
       forth in Section 20.18(g)(1) of the Commission's Rules, independent of
       any PSAP request for Phase II service. After ensuring that 100% of all
       new digital handsets activated are location-capable, licensees were
       required to achieve 95% penetration, among their subscribers, of
       location-capable handsets no later than December 31, 2005.

    4. On January 5, 2007, the Commission issued orders denying requests for
       waiver filed by Sprint Nextel Corporation and Nextel Partners, Inc. of
       the December 31, 2005 handset penetration deadline (collectively,
       "Waiver Orders"). In these Waiver Orders, the Commission found that
       Sprint Nextel and Nextel Partners failed to meet the Commission's
       standards for waiver of the 95% handset penetration requirement
       because their efforts to encourage subscribers to upgrade
       non-compliant handsets were insufficient and ineffective and their
       filings lacked a clear path to full compliance with the handset
       penetration requirement. The Commission also found that Sprint Nextel
       and Nextel Partners' conceded failures to meet 95% handset penetration
       by the December 31, 2005 deadline should be addressed through the
       enforcement process and referred the matter of both carriers'
       non-compliance with Section 20.18(g)(1)(v) of the Rules to the
       Enforcement Bureau. Specifically, Sprint Nextel achieved a penetration
       rate of only 81.3% by the December 31, 2005 deadline and Nextel
       Partners achieved a penetration rate of only 74.2% by the December 31,
       2005 deadline.

    5. On July 12, 2007, the Enforcement Bureau issued a letter of inquiry
       requesting that Sprint Nextel provide certain supplemental information
       related to its efforts to meet the E911 handset requirements.
       Specifically, the letter requested that Sprint Nextel provide, among
       other things, a timeline of all actions taken, both before and after
       the December 31, 2005 deadline, to encourage customers to upgrade to
       E911 compliant handsets, including any incentives and special
       promotions, information concerning the costs and expenditures of these
       actions and incentives, and information concerning the "take rate" or
       effect these actions and incentives had on Sprint Nextel's overall
       compliance rate. Sprint Nextel submitted its response on July 23,
       2007.

   III. Discussion

          A. Failure to Comply with E911 Handset Penetration Requirement

    6. The Commission has determined based on the record established in the
       waiver proceedings that Sprint Nextel failed to comply with the
       handset penetration deadline. Sprint Nextel does not dispute that it
       achieved a penetration rate of only 81.3% by the December 31, 2005
       deadline and that Nextel Partners achieved a penetration rate of only
       74.2% by the December 31, 2005 deadline. Accordingly, we conclude that
       Sprint Nextel apparently willfully and repeatedly failed to comply
       with the 95% handset penetration requirement by the December 31, 2005
       deadline in violation of Section 20.18(g)(1)(v) of the Rules.

     A. Proposed Forfeiture

    7. Under Section 503(b)(1)(B) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and the person against whom such
       notice has been issued must have an opportunity to show, in writing,
       why no such forfeiture penalty should be imposed. The Commission will
       then issue a forfeiture if it finds by a preponderance of the evidence
       that the person has violated the Act or a Commission rule. We conclude
       under this standard that Sprint Nextel is apparently liable for
       forfeiture for its apparent willful and repeated violation of Section
       20.18(g)(1)(v) of the Rules.

    8. Under Section 503(b)(2)(B) of the Act, we may assess a common carrier
       a forfeiture of up to $130,000 for each violation, or for each day of
       a continuing violation up to a maximum of $1,325,000 for a single act
       or failure to act. In exercising such authority, we are required to
       take into account "the nature, circumstances, extent, and gravity of
       the violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

    9. The Commission's Forfeiture Policy Statement and Section 1.80 of the
       Rules do not establish a base forfeiture for violation of Section
       20.18(g)(1)(v). Nevertheless, the Commission has stated that the
       "omission of a specific rule violation from the list ... [establishing
       base forfeiture amounts] should not signal that the Commission
       considers any unlisted violation as nonexistent or unimportant. The
       Commission expects, and it is each licensee's obligation, to know and
       comply with all of the Commission's rules." Thus, the Commission
       retains its discretion to issue forfeitures on a case-by-case basis,
       and has assessed forfeiture liability, for rule violations
       irrespective of whether corresponding base forfeiture amounts have
       been established.

   10. Having considered the statutory factors enumerated above, in
       conjunction with the entire record in this proceeding, including the
       supplemental information provided by Sprint Nextel, we conclude that a
       substantial proposed forfeiture is warranted. First, we find that the
       violations here are egregious. Violations of E911 requirements are
       extremely serious, given the critical function these requirements
       serve in promoting and safeguarding life and property. As the
       Commission has previously stated, it is critical for all handset-based
       carriers to have met the final implementation deadline of December 31,
       2005 for 95% location-capable handset penetration in order to allow
       all stakeholders (including carriers, technology vendors, public
       safety entities, and consumers) to have greater certainty about when
       Phase II would be implemented and ensure that Phase II would be fully
       implemented as quickly as possible. Absent Phase II location data,
       emergency call takers and responders must expend critical time and
       resources questioning wireless 911 callers to determine their
       location, searching for those callers when the callers cannot provide
       this information, or both. In this regard, we take into account the
       substantial percentage of noncompliance at the deadline (13.7% for
       Sprint Nextel and 20.8% for Nextel Partners) and the significant
       number of customers affected by Sprint Nextel's noncompliance. We
       observe that Sprint Nextel had more than 51 million wireless customers
       at the end of 2005.

   11. Moreover, our finding of an egregious violation is further buttressed
       by the length of time that carriers have been on notice of the final
       handset penetration deadline -- since at least 1999 -- and the fact
       that the Commission has repeatedly affirmed Sprint Nextel's obligation
       to meet the handset penetration deadline. For example, in October
       2001, the Commission extended the deadlines for Nextel and Nextel
       Partners with respect to the sale and activation of location-capable
       handsets, but specifically did not extend the December 31, 2005
       deadline for achieving 95% penetration of location-capable handsets.
       Further, in granting consent to the merger of Sprint and Nextel, the
       Commission stated that it was "particularly concerned about the merged
       entity's progress toward E911 compliance." It noted Nextel's assertion
       that it "`anticipate[d] that Sprint Nextel [would] likely not achieve
       the Commission's 95 percent A-GPS handset penetration requirement
       until December 31, 2007,'" and deemed that result unacceptable. The
       Commission "confirm[ed] [its] commitment to the E911 rules and
       remind[ed] the Applicants that they, like all carriers, are obligated
       to comply with [the] E911 rules, including the requirement that
       carriers electing a handset-based E911 solution achieve 95 percent
       penetration by the end of [2005]." The Commission further stated that
       "[w]e will not hesitate to take enforcement action if this deadline is
       not met."

   12. We also believe that a substantial proposed forfeiture is warranted
       based on the continuous and repeated nature of the violations. We note
       that Sprint Nextel still has not achieved 95% handset penetration, 20
       months after the December 31, 2005 deadline, and is the only Tier I
       provider that is not in compliance. In this context, where every day
       of a continuing violation has the potential of threatening the
       delivery of critical, life-saving services, a 20-month delay in
       compliance compels a significant proposed forfeiture.

   13. Further, we take into account Sprint Nextel's size and ability to pay
       a forfeiture in determining the appropriate forfeiture amount. Sprint
       Nextel is a Tier I wireless service provider, with a nationwide
       footprint serving 53.1 million subscribers as of the end of 2006.
       Sprint Nextel generated more than $41 billion in revenues in 2006. As
       the Commission made clear in the Forfeiture Policy Statement, large or
       highly profitable communications entities, such as Sprint Nextel,
       could expect forfeitures significantly higher than those reflected in
       the base amounts. In view of Sprint Nextel's size and ability to pay,
       we believe that a substantial proposed forfeiture is appropriate to
       serve as an effective deterrent to future violations of the E911
       requirements.

   14. We recognize that Sprint Nextel identified a latent software defect
       that affected the location capability of its handsets and that upon
       discovery, took prompt and aggressive action to remedy the defect. It
       is well established that "an assertion that a vendor, manufacturer, or
       other entity was unable to supply compliant products will not excuse
       noncompliance" with E911 requirements. On the other hand, a carrier's
       "concrete and timely actions" taken with a vendor, manufacturer, or
       other entity may be considered as possible mitigation factors in an
       enforcement context. Toward that end, we acknowledge the substantial
       efforts Sprint Nextel made to remedy the software problem, including
       subscriber outreach and promotional initiatives, and find that
       mitigation of the proposed forfeiture is warranted on this basis.

   15. We also recognize that Sprint Nextel expected to reach 95% penetration
       by December 31, 2005 among those customers served by the CDMA network
       inherited from Sprint and but for Sprint's acquisition of Nextel, it
       would have been only major handset-based carrier to have timely
       achieved compliance with the December 31, 2005 deadline. We stated in
       the Sprint Nextel Waiver Order that although this factor does not
       excuse Sprint Nextel's non-compliance, it does merit consideration in
       the enforcement proceeding to follow. We find that mitigation is
       warranted on this basis.

   16. On balance, however, we find that Sprint Nextel did not undertake the
       level of commitment we would expect from a Tier I carrier. Despite the
       aggressive efforts taken to address the software defect, we note that
       Sprint Nextel was less aggressive when it came to its underlying
       compliance obligations. We also note that Sprint Nextel spent less on
       compliance efforts relative to their customer and revenue bases as
       compared to the other companies before us. For these reasons, we find
       that a substantial forfeiture is warranted.

   17. Accordingly, based on the egregious, continuous and repeated nature of
       the violations and Sprint Nextel's ability to pay a forfeiture, we
       propose a forfeiture in the amount of $1,325,000 for Sprint Nextel's
       willful and repeated failure to achieve 95% handset penetration among
       its subscribers by December 31, 2005 in violation of Section
       20.18(g)(1)(v) of the Rules.

   18. Finally, because Sprint Nextel apparently has still not achieved 95%
       handset penetration among its subscribers, we will continue to require
       that Sprint Nextel comply with the reporting requirements that were
       established in the Waiver Orders.

   IV. ordering clauses

   19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Sprint Nextel Corporation is
       NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
       one million three hundred twenty five thousand dollars ($1,325,000)
       for willful and repeated violation of Section 20.18(g)(1)(v) of the
       Rules.

   20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Sprint Nextel Corporation SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   21. 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.

   22. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   23. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   24. Requests for payment of the full amount of the NAL under an
       installment plan should be sent to: Associate Managing Director -
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554.

   25. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by first class mail and certified mail
       return receipt requested to Laura H. Carter, Vice President,
       Government Affairs, Sprint Nextel Corporation, 2001 Edmund Halley
       Drive, Reston, VA 20191.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                  STATEMENT OF

                            CHAIRMAN KEVIN J. MARTIN

   Re: In the Matter of Alltel Corporation, Notice of Apparent Liability for
   Forfeiture, EB-07-SE-008

   Re: In the Matter of Sprint Nextel Corporation, Notice of Apparent
   Liability for Forfeiture, EB-07-SE-006

   Re: In the Matter of US Cellular Corporation, Notice of Apparent Liability
   for Forfeiture, EB-07-SE-009

   Ensuring that E911 service meets the needs of public safety and the
   expectations of the American people is a top priority of mine and of the
   Commission. I recognize that the public expects us to get these issues
   right. One of my first actions when I became Chairman was to ensure that
   all Americans could pick up the phone and dial 911 and connect to
   emergency services whether they were using a wireline, wireless or
   Internet phone. On the wireless side, Americans increasingly expect that
   dialing 911 also means first responders can pinpoint a caller's location,
   even when the caller is incapacitated or does not know where he or she is.
   To this end, the FCC required all carriers to ensure that 95% of their
   subscribers have handsets that are location capable by December 31, 2005.

   Alltel, Sprint Nextel, and U.S. Cellular failed to meet this critical
   deadline by a significant margin, despite the clear requirements of the
   Commission and the needs of their consumers. While we recognize the
   efforts undertaken by the carriers, and encourage the continued efforts of
   all carriers to enhance these life-saving technologies and work with the
   public safety community, the fines issued today are significant and
   appropriate. Our actions today underscore the critical importance that 911
   services play in the lives of the public. I continue to believe that one
   of the Commission's highest obligations is facilitating the ability of the
   public safety community to help those in need. Effective enforcement of
   our E911 rules is a valuable and necessary tool in achieving this mission.

   Sprint Nextel Corporation includes Nextel Partners, Inc. ("Nextel
   Partners"). See Applications of Nextel Communications, Inc. and Sprint
   Corporation for Consent to Transfer Control of Licenses and
   Authorizations, Memorandum  Opinion and Order, 20 FCC Rcd 13967 (2005)
   ("Sprint Nextel Merger Order"); Applications of Nextel Partners, Inc.,
   Transferor, and Nextel WIP Corp. and Sprint Nextel Corporation,
   Transferees, for Consent to Transfer Control of Licenses and
   Authorizations, Memorandum Opinion and Order, 21 FCC Rcd 7358 (2006). The
   parties consummated this transaction on June 27, 2006. See File No.
   0002444650.

   47 C.F.R. S: 20.18(g)(1)(v).

   Id.

   See 47 C.F.R. S: 20.18(e).

   Network-based location solutions employ equipment and/or software added to
   wireless carrier networks to calculate and report the location of handsets
   dialing 911. These solutions do not require changes or special hardware or
   software in wireless handsets. See 47 C.F.R. S: 20.3, Network-based
   Location Technology.

   Handset-based location solutions employ special location-determining
   hardware and/or software in wireless handsets, often in addition to
   network upgrades, to identify and report the location of handsets calling
   911. See 47 C.F.R. S: 20.3, Location-Capable Handsets.

   See 47 C.F.R. S: 20.18(f), (g)(2).

   See 47 C.F.R. S: 20.18(j)(1).

   See 47 C.F.R. S: 20.18(g)(1).

   See 47 C.F.R. S: 20.18(g)(1)(v).

   See Request for Waiver of Location-Capable Handset Penetration Deadline by
   Sprint Nextel Corporation, Order, 22 FCC Rcd 400 (2007) ("Sprint Nextel
   Waiver Order"), recon. pending; Request for Waiver of Location-Capable
   Handset Penetration Deadline by Nextel Partners, Inc., Order, 22 FCC Rcd
   416 (2007) ("Nextel Partners Waiver Order"), recon. pending. The
   Commission addressed these waiver requests in separate decisions because
   Sprint Nextel and Nextel Partners were separate entities as of the
   relevant compliance deadline. Sprint Nextel Waiver Order, 22 FCC Rcd at
   416, n. 1.

   Sprint Nextel Waiver Order, 22 FCC Rcd at 410 P: 28; Nextel Partners
   Waiver Order, 22 FCC Rcd at 426 P: 25.

   Sprint Nextel Waiver Order, 22 FCC Rcd at 413-14 P:P: 35, 40; Nextel
   Partners Waiver Order, 22 FCC Rcd at 428-29 P:P: 31, 36. The Commission
   previously has placed carriers on notice that referrals may be made to the
   Enforcement Bureau for failure to comply with an applicable Phase II
   deadline, even when requests for relief are submitted in advance of
   deadlines set forth in the Commission's Rules or orders. See Revision of
   Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency
   Calling Systems, Order, 18 FCC Rcd 21838, 21844 P: 12 (2003) ("A carrier
   may seek a waiver in advance of a deadline in the Phase II rules or its
   compliance plan. However, the carrier always becomes liable for possible
   enforcement action if it fails to comply with an applicable Phase II
   deadline. Referral to the Enforcement Bureau when such an apparent
   violation is reported, or otherwise appears likely, is a normal and
   familiar exercise of the Commission's authority and discretion"). Both
   Sprint Nextel and Nextel Partners executed a Tolling Agreement on June 22,
   2007. See Tolling Agreement between Sprint Nextel and the Enforcement
   Bureau, Federal Communications Commission, dated June 22, 2007. The
   Agreement tolls the one-year statute of limitations as it relates to the
   facts and issues surrounding Nextel Partners.

   Sprint Nextel Waiver Order, 22 FCC Rcd at 408 P: 22.

   Nextel Partners Waiver Order, 22 FCC Rcd at 424 P: 19.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Laura H. Carter, Vice President, Government
   Affairs, Sprint Nextel Corporation (July 12, 2007).

   Letter from Laura H. Carter, Vice President, Government Affairs, Sprint
   Nextel Corporation to Kathryn S. Berthot, Chief, Spectrum Enforcement
   Division, Enforcement Bureau (July 23, 2007) ("LOI Response").

   See supra P:  4.

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied, 7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture,16 FCC Rcd 1359, 1362 P: 9 (2001);
   Southern California, 6 FCC Rcd at 4388.

   We note that, while Nextel Partners' violation would have ceased when it
   ceased to have a separate existence upon transfer of control to Sprint
   Nextel, the termination of Nextel Partners' violation does not negate that
   fact that a separate, continuing violation occurred. As the transferee of
   control, Sprint Nextel assumes Nextel Partners' regulatory liabilities to
   the Commission. Given that Sprint Nextel's acquisition of Nextel Partners
   has been completed, we believe that a consolidated NAL that addresses the
   separate and individual violations of both carriers is appropriate in the
   enforcement context. See supra n. 1.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002).

   47 U.S.C. S: 503(b)(2)(B). The Commission twice amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), to increase the maximum forfeiture
   amounts, in accordance with the inflation adjustment requirements
   contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. S:
   2461. See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order,  15 FCC Rcd
   18221 (2000) (adjusting the maximum statutory amounts from
   $100,000/$1,000,000 to $120,000/$1,200,000); Amendment of Section 1.80 of
   the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, Order, 19 FCC Rcd 10945 (2004) (adjusting the maximum statutory
   amounts from $120,000/$1,200,000 to $130,000/$1,325,000); see also 47
   C.F.R. S: 1.80(c).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
   17087, 17115 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   12 FCC Rcd at 17099 P: 22.

   Id.

   See Callais Cablevision, Inc., Forfeiture Order, 17 FCC Rcd 22626, 22630
   P:P: 19-20 (2002) (assessing an aggregate $133,000 forfeiture irrespective
   of the absence of an established base forfeiture for violations of the
   cable signal leakage standards); Midwest Television, Inc., 20 FCC Rcd 3959
   (Enf. Bur. 2005) (assessing a $20,000 proposed forfeiture irrespective of
   the absence of an established base forfeiture for failure to broadcast
   emergency information accessible to hearing impaired viewers); A-O
   Broadcasting Corp., 31 Communications Reg. (P&F) 411 P: 22 (2003),
   forfeiture ordered, 20 FCC Rcd 756 (2005) (assessing a $28,000 forfeiture,
   inter alia, irrespective of the absence of an established base forfeiture
   for violations of radio frequency exposure limits).

   Sprint Nextel requested confidential treatment of its July 23, 2007 LOI
   Response. See Letter from Laura H. Carter, Vice President, Government
   Affairs, Sprint Nextel Corporation, to Kathryn S. Berthot, Chief, Spectrum
   Enforcement Division, Enforcement Bureau (July 23, 2007). Although we do
   not rule on Sprint Nextel's request for confidentiality at this time, we
   will accord confidential treatment of the LOI Response for purposes of
   this NAL except where the information contained therein is otherwise
   publicly available. See 47 C.F.R. S: 0.495(d).

   See Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems, Second Memorandum Opinion and
   Order,  14 FCC Rcd 20850, 20852 P: 2 (1999), clarified, 16 FCC Rcd 18982
   (2001); see also Dobson Cellular Systems, Inc. and American Cellular
   Corporation, 21 FCC Rcd 4684, 4707 P: 59 (2006), consent decree ordered,
   22 FCC Rcd 7968 (2007); T-Mobile USA, Inc., Notice of Apparent Liability
   for Forfeiture,  18 FCC Rcd 3501, 3504 P: 7 (2003); Sprint Spectrum LP
   d/b/a Sprint PCS, Notice of Apparent Liability for Forfeiture,  19 FCC Rcd
   19901, 19906 P: 12 (Enf. Bur. 2004), consent decree ordered, 20 FCC Rcd
   12328 (Enf. Bur. 2005).

   See Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems; Phase II Compliance Deadlines for
   Non-Nationwide Carriers, Order  to  Stay, 17 FCC Rcd 14841, 14853 P: 38
   (2002) ("Non-Nationwide Carriers Order").

   Phase I E911 service provides a PSAP with data elements containing the
   telephone number of the originator of the 911 call and the location of the
   cell site or base station receiving the 911 call. See 47 C.F.R. S:
   20.18(d). Thus, the actual location of the caller can be miles distant
   from the location information provided to the PSAP, with consequent delay
   in providing the caller with emergency services, assuming that the caller
   actually can be located. Phase II service, by comparison, has a required
   location accuracy of 100 meters for 67% of calls and 300 meters for 95% of
   calls (for a network-based location solution) or 50 meters for 67% of
   calls and 150 meters for 95% of calls (for a handset-based location
   solution). See 47 C.F.R. S: 20.18(h)(1)-(2).

   See Sprint Nextel Corporation 2005 Annual Report on Form 10-K (filed March
   7, 2006) and Sprint Nextel Corporation 2006 Annual Report on Form 10-K
   (filed March 1, 2007), www.sprint.com.

   See Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems, Third Report and Order, 14 FCC Rcd
   17388, 17408 P: 42 (1999), modified, Revision of the Commission's Rules to
   Ensure Compatibility with Enhanced 911 Emergency Calling Systems, Fourth
   Memorandum Opinion and Order, 15 FCC Rcd 17442, 17445 P: 36 (2000).

   See Wireless E911 Phase II Implementation Plan of Nextel Communications,
   Inc., Order, 16 FCC Rcd 18277, 18284 P: 20, 18285 P: 24, 18289 P: 37 
   (2001) ("Nextel Phase II Waiver Order")(finding that Nextel was still
   subject to the same full deployment requirement as all other carriers,
   i.e., that 95% of all customer handsets have location capability no later
   than December 31, 2005, despite a delay in the initial deployment of these
   handsets.).

   Sprint Nextel Merger Order, 20 FCC Rcd at 14019-20 P: 144.

   See id. at 14020 P: 144; see also Letter from Laura L. Holloway, Nextel
   Communications, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission, CC Docket No. 94-102, filed July 11, 2005, at 1
   ("Nextel has placed the Federal Communications Commission (`Commission')
   on notice that it likely will not be able to comply with the 95%
   benchmark, primarily due to the GPS software glitch that affected millions
   of A-GPS-capable Nextel handsets last summer.").

   Sprint Nextel Merger Order, 20 FCC Rcd at 14020 P: 144.

   Id.

   See Sprint Nextel Corporation E911 Quarterly Report, WT Docket Nos. 05-286
   and 05-302 (filed August 1, 2007). Sprint Nextel indicates that, as of
   June 30, 2007, its subscriber records indicate that the handset
   penetration rate had reached 93.67%. Sprint further suggests that its
   records actually may understate the actual handset penetration rate, which
   may be as high as 94.79%. This figure includes combined handset numbers
   for Sprint Nextel and Nextel Partners.

   Tier I carriers are Commercial Mobile Radio Service providers with
   nationwide footprints. See Non-Nationwide Carriers Order, 17 FCC Rcd at
   14843 P: 7. In the Non-Nationwide Carriers Order, the Commission found
   that there were six carriers with national footprints, including Nextel.

   Sprint Nextel Corporation 2006 Annual Report on Form 10-K (filed March 1,
   2007), www.sprint.com.

   Id.

   Specifically, the Commission stated:

   [O]n the other end of the spectrum of potential violations, we recognize
   that for large or highly profitable communication entities, the base
   forfeiture amounts ... are generally low. In this regard, we are mindful
   that, as Congress has stated, for a forfeiture to be an effective
   deterrent against these entities, the forfeiture must be issued at a high
   level .... For this reason, we caution all entities and individuals that,
   independent from the uniform base forfeiture amounts ..., we intend to
   take into account the subsequent violator's ability to pay in determining
   the amount of a forfeiture to guarantee that forfeitures issued against
   large or highly profitable entities are not considered merely an
   affordable cost of doing business. Such large or highly profitable
   entities should expect in this regard that the forfeiture amount set out
   in a Notice of Apparent Liability against them may in many cases be above,
   or even well above, the relevant base amount.

   Forfeiture Policy Statement, 12 FCC Rcd at 17099-100.

   See Sprint Nextel Waiver Order, 22 FCC Rcd at 409-10, P:P: 26-28; Nextel
   Partners Waiver Order, 22 FCC Rcd at 425-26, P:P: 23-25.

   Order to Stay, 17 FCC Rcd at 14854 P: 37; Revision of the Commission's
   Rules to Ensure Compatibility of Enhanced 911 Emergency Calling Systems,
   Request for Waiver by Sprint Spectrum LP d/b/a Sprint PCS, 16 FCC Rcd
   18330, 18340 P: 32 (2001); Revision of the Commission's Rules to Ensure
   Compatibility of Enhanced 911 Emergency Calling Systems, Request for
   Waiver by AT&T Wireless Services, 16 FCC Rcd 18253, 18261 P: 26 (2001).

   Id.

   Sprint Nextel Waiver Order, 22 FCC Rcd at 413, P: 33.

   Id.

   Sprint Nextel described its compliance efforts and its expenditures in its
   July 23, 2007 LOI Response. See supra n. 31.

   Sprint Nextel Waiver Order, 22 FCC Rcd at 412-13, P: 34; Nextel Partners
   Waiver Order, 22 FCC Rcd at 428, P: 30.

   See 47 C.F.R. S: 1.1914.

   (Continued from previous page)

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   Federal Communications Commission FCC 07-156

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   Federal Communications Commission FCC 07-156