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Consent Decree
I. Introduction
This Consent Decree is entered into by the Enforcement
Bureau of the Federal Communications Commission ("Bureau") and
Waste Management Holdings, Inc. (``WMHI'').
II. Background
1. WMHI is a wholly-owned subsidiary of Waste Management, Inc.
(``WMI''), a Houston-based company that provides waste management
services throughout the United States. WMI is one of the largest
companies in the waste management industry. It serves more than
25 million residential customers and over two million commercial
businesses. In addition, it operates approximately 300 land
disposal sites, 16 waste-to-energy plants, 300 transfer stations,
and over 1,400 collection operations. It also has engaged in
hazardous waste management services throughout North America, as
well as low-level and other radioactive waste services. In
connection with its waste management activities, WMI is the
licensee of hundreds of land mobile authorizations.
2. The company known today as Waste Management, Inc. was
originally incorporated in Oklahoma under the name USA Waste
Services, Inc. (``USA Waste''). In 1995, USA Waste
reincorporated in Delaware. Then, in 1998, USA Waste acquired
WMHI, formerly known as Waste Management, Inc. Effective at that
same time, USA Waste changed its name to Waste Management, Inc.
and changed the name of WMHI from Waste Management, Inc. to Waste
Management Holdings, Inc.
3. In March 2000, WMHI voluntarily disclosed to the Enforcement
Bureau that the 1998 merger had resulted in the substantial
transfer of control of a number of authorizations for which prior
Commission consent was required pursuant to Section 310(d) of the
Communications Act of 1934, as amended, 47 U.S.C. § 310(d). WMHI
subsequently revealed a number of other unauthorized transactions
that were consummated before and after the 1998 merger. In
total, WMHI voluntarily disclosed 35 transactions which resulted
in the substantial unauthorized assignment or transfer of control
of Commission authorizations, and 62 transactions which resulted
in the pro forma unauthorized assignment or transfer of control
of Commission authorizations. Attached to this Consent Decree
and incorporated by reference herein are two charts identifying
the transactions. As a further result of its internal
investigation, WMHI also revealed that its subsidiaries had
engaged in the operation of 30 facilities with expired
authorizations, contrary to Section 301 of the Communications Act
of 1934, as amended, 47 U.S.C. § 301.
4. WMHI has filed requests for Special Temporary Authority
(``STA'') and appropriate applications for full-term authority
for all of the affected licenses. In most instances, the
applications for full-term authority have since been granted. As
to those licenses for which applications remain pending, WMHI has
secured STAs.
III. Definitions
5. For the purposes of this Consent Decree, the following
definitions shall apply:
(a) "Commission" means the Federal Communications
Commission.
(b) "Bureau" means the Commission's Enforcement Bureau.
(c) "WMHI'' means Waste Management Holdings, Inc., a
wholly-owned subsidiary of Waste Management, Inc.
(d) "Order" means the order of the Enforcement Bureau
adopting this Consent Decree.
(e) "Final Order" means the Order that is no longer
subject to administrative or judicial
reconsideration, review, appeal, or stay.
(f) ``Act'' means the Communications Act of 1934, as
amended, Title 47 of the United States Code.
IV. Agreement
6. WMHI agrees that the Bureau has jurisdiction over the
matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.
7. The Bureau and WMHI agree that this Consent Decree does not
constitute an adjudication on the merits or any finding on the
facts or law regarding any violations of the Act or the
Commission's rules committed by WMHI.
8. WMHI agrees that it shall make a voluntary contribution to
the United States Treasury in the amount of $75,000 within 10
calendar days after the Bureau releases the Order adopting this
Consent Decree.
9. WMHI agrees to implement, within 10 calendar days after the
Bureau releases the Order adopting this Consent Decree, a
comprehensive internal program, a summary of which is attached
hereto, to ensure WMHI's future compliance with the Act, the
Commission's rules, and the Commission's policies.
10. WMHI agrees to implement within 10 calendar days after the
Bureau releases the Order adopting this Consent Decree, to the
extent it has not already done so, an educational outreach
program, a summary of which is attached hereto, to educate other
entities engaged in the waste management industry of their
obligations as Commission licensees to comply with the Act, the
Commission's rules, and the Commission's policies.
11. In express reliance upon the representations contained
herein, the Bureau agrees to terminate its investigation into the
matters discussed in paragraphs 2 - 4, above.
12. The Bureau agrees not to institute any new proceeding,
formal or informal, of any kind against WMHI or any of its past
or present affiliates for apparent violations of Sections 301 or
310(d) of the Act committed prior to the date of this Consent
Decree.
13. In the event that WMHI is found by the Commission or its
delegated authority to have engaged in a violation of Sections
301 or 310(d) of the Act subsequent to the release of the Order
adopting this Consent Decree, WMHI agrees that the conduct
described in paragraphs 2 - 4, above, may be considered by the
Commission or its delegated authority in determining an
appropriate sanction.
14. WMHI 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 Decree,
provided the Order adopts the Consent Decree without change,
addition, or modification.
15. WMHI and the Bureau agree that the effectiveness of this
Consent Decree is expressly contingent upon issuance of the Order
adopting this Consent Decree.
16. WMHI and the Bureau agree that in the event this Consent
Decree is rendered invalid by any court of competent
jurisdiction, it shall become null and void and may not be used
in any manner in any legal proceeding.
17. WMHI and the Bureau agree that if WMHI, the Commission, or
the United States on behalf of the Commission, brings a judicial
action to enforce the terms of the Order adopting this Consent
Decree, neither WMHI nor the Commission shall contest the
validity of the Consent Decree or Order, and WMHI and the
Commission shall waive any statutory right to a trial de novo
with respect to any matter upon which the Order is based, and
shall consent to a judgment incorporating the terms of this
Consent Decree.
18. WMHI agrees to waive any claims it may otherwise have under
the Equal Access to Justice Act, Title 5 U.S.C. § 504 and 47 C.F.
R. § 1.1501 et seq.
19. WMHI agrees that any violation of the Order adopting this
Consent Decree shall constitute a separate violation and subject
WMHI to appropriate administrative sanctions.
20. WMHI and the Bureau agree to be bound by the terms and
conditions stated herein.
21. WMHI and the Bureau agree that this Consent Decree may be
signed in counterparts.
ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By: __________________________________ ___________
David H. Solomon Date
Chief
WASTE MANAGEMENT HOLDINGS, INC.
By: __________________________________ ____________
Linda J. Smith Date
Vice President and Assistant Secretary
SUMMARY OF COMPLIANCE PROGRAM
OF
WASTE MANAGEMENT HOLDINGS, INC.
Centralized System of Administration
Waste Management Holdings, Inc. has created and implemented
a new centralized system of administration for all FCC licenses
held by Waste Management Holdings, Inc., under the direct
supervision of the Vice President, Fleet Services, Waste
Management, Inc. or other appropriate senior company official.
Waste Management, Inc.'s Vice President for Business Ethics and
Compliance is committed to conducting a general review of the
company's operations under its Radio Communications Compliance
Plan.
License Database and Operating Procedures
Waste Management Holdings, Inc. has created and implemented
a database of information on licenses, and it is committed to
developing new operating procedures needed to support a
centralized system of administration for these licenses.
Review of Merger, Acquisition, Divestiture, and Restructuring
Decisions
All merger, acquisition, divestiture, and restructuring
actions taken by Waste Management, Inc. will be coordinated with
Fleet Services to assure compliance with all FCC approval
requirements.
Audits and Reviews
Audits will be conducted on a random and periodic basis to
assess compliance with FCC regulatory requirements. Waste
Management Holdings, Inc., in implementing and reviewing this
program, may, from time to time modify details of the program in
order to increase its operational efficiency and effectiveness.
SUMMARY OF EDUCATIONAL OUTREACH PROGRAM
OF
WASTE MANAGEMENT HOLDINGS, INC.
Waste Management Holdings, Inc., anticipates submitting
educational articles to industry trade publications concerning
the obligations of FCC licensees to comply with the
Communications Act of 1934, as amended, and the FCC's rules,
regulations, and policies. Waste Management Holdings, Inc. has
identified the following trade publications to which it intends
to submit an article for publication:
1. Waste Age (published monthly)
2. Environmental Industries Associations
Executive Brief (published monthly)
In addition, Waste Management Holdings, Inc. anticipates
making efforts to educate other entities in the waste industry
concerning the obligations of FCC licensees to comply with the
Communications Act of 1934, as amended, and the FCC's rules,
regulations, and policies through speaking engagements. Waste
Management Holdings, Inc. has identified the following events
scheduled in 2001 in which it is committed to engaging in
educational outreach efforts:
1. WasteExpo (held April 2001)
2. Solid Waste Association of North America
(SWANA) Conference (scheduled for Fall 2001)