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


                                )
In the Matter of                 )
                                )
T-MOBILE USA, INC.               )    File No. EB-04-TC-010
                                )
Compliance with the              )    NAL/Acct. No. 200532170012
Commission's                     )    FRN: 0004121760
Rules and Regulations Governing  )
the National Do-Not-Call         )
Registry

                              ORDER

Adopted:  November 23, 2005                             Released: 
November 23, 2005

By the Chief, Enforcement Bureau:

In this Order, we adopt the attached Consent Decree entered into 
between the Enforcement Bureau and T-Mobile USA, Inc. (``T-
Mobile'').1  The Consent Decree terminates an investigation 
initiated by the Enforcement Bureau regarding potential non-
compliance by T-Mobile with the National Do-Not-Call Requirements 
contained in Section 227 of the Communications Act of 1934, as 
amended (the ``Act'') and Section 64.1200 of the Commission's 
rules.2

The Enforcement Bureau and T-Mobile have negotiated the terms of 
a Consent Decree that would resolve this matter and terminate the 
investigation.  A copy of the Consent Decree is attached hereto 
and incorporated by reference.

After reviewing the terms of the Consent Decree, we find that the 
public interest would be served by adopting the Consent Decree 
and terminating the investigation.

Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the 
Communications Act of 1934, as amended,3 that the attached 
Consent Decree IS ADOPTED.

T-Mobile shall make its voluntary contribution to the United 
States Treasury by mailing payment by check or money order to 
Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, 
Pennsylvania 15251.  Payment by overnight mail may be sent to 
Mellon Client Service Center, 500 Ross Street, Room 670, 
Pittsburgh, Pennsylvania 15262-0001, Attn: FCC Module Supervisor.  
Payment by wire transfer may be made to: ABA Number 043000261, 
receiving bank Mellon Bank, and account number 911-6229.  Include 
your NAL/Acct. No. with your wire transfer remittance.

     1.   IT IS FURTHER ORDERED that the above-captioned 
Commission investigation into the matters described herein is 
terminated. 


                         FEDERAL COMMUNICATIONS COMMISSION


                         /s/ Kris A. Monteith

                              Kris A. Monteith
                         Chief, Enforcement Bureau

                         
                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554


                                )
In the Matter of                 )
                                )
                                )    File No. EB-04-TC-010
T-MOBILE USA, INC.               )
                                )    NAL/Acct. No. 200532170012
Compliance with the              )    FRN: 0004121760
Commission's                     )
Rules and Regulations Governing  )
the National Do-Not-Call 
Registry





                         CONSENT DECREE

I. INTRODUCTION

     1.   The Enforcement Bureau (``Bureau'') of the Federal 
Communications Commission (the ``FCC'' or ``Commission'') and T-
Mobile USA, Inc. (``T-Mobile''),4 by their authorized 
representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Bureau's investigation into possible 
noncompliance by T-Mobile with the requirements of Section 227 of 
the Communications Act of 1934, as amended (the ``Act'') and 
Section 64.1200(c) of the Commission's Rules.5 

     2.   The Telephone Consumer Protection Act (``TCPA'') was 
enacted in 1991 as section 227 of the Communications Act of 1934, 
as amended (``the Act''), to restrict certain telemarketing 
practices.  The TCPA requires the Commission to adopt rules 
governing such practices, including the delivery of telephone 
solicitations to residential telephone lines.6  Consistent with 
this statutory mandate, the Commission first adopted rules to 
implement the TCPA in 1992, establishing a company-specific do-
not-call regime whereby residential telephone consumers may make 
do-not-call requests to companies whose telephone solicitations 
they seek to end.7  Following considerable changes in the 
telemarketing industry,8 and further statutory requirements,9 the 
FCC amended its TCPA rules in 2003.10  While retaining the 
company-specific do-not-call option to prevent telemarketing 
calls from particular entities, the amended  rules, inter alia, 
expand this system to establish a National Do-Not-Call Registry 
that provides residential consumers with a one-step option to 
prohibit unwanted telephone solicitations.  

II.BACKGROUND

     3.   T-Mobile is a nationwide wireless provider, and a 
subsidiary of Deutsche Telekom's T-Mobile International unit.  T-
Mobile holds numerous authorizations to provide 
telecommunications services from the FCC and state public utility 
commissions.  T-Mobile contracts with independent dealers and 
retailers to sell T-Mobile products and services at over 30,000 
points of distribution nationwide.11  As a matter of company 
policy, T-Mobile has made a business decision not to make 
outbound sales calls to anyone other than T-Mobile subscribers.  
T-Mobile represents that it has a strict policy against 
telemarketing by the independent dealers and sub-dealers in its 
authorized distribution network.12 

     4.   In a letter of inquiry (``LOI'') to T-Mobile dated 
January 14, 2004, the Bureau commenced an investigation 
concerning T-Mobile's telemarketing practices to residential 
consumers in connection with calls reportedly made on behalf of 
the company to consumers who had registered their telephone 
numbers on the National Do-Not-Call Registry.13  As part of its 
investigation of these complaints, the Enforcement Bureau staff 
sent three additional LOIs to T-Mobile requesting information, 
two of which also included more complaints filed by consumers who 
claimed to have received calls from T-Mobile despite having 
placed their telephone numbers on the National Do-Not-Call 
Registry.14 During the course of the Investigation, T-Mobile 
provided written responses to the LOIs.15  


III. DEFINITIONS

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

          1.a.      ``Act'' means the Communications Act of 1934, 
            as amended.

          1.b.      ``Bureau'' means  the Enforcement  Bureau  of 
            the Federal Communications Commission.

          1.c.      ``Commission''     means     the      Federal 
            Communications Commission. 

          1.d.      ``Effective date'' means the date on which 
            the Bureau releases the Adopting Order.

          1.e.      ``Investigation'' means the investigation and 
            any related proceedings commenced by the Bureau's 
            Letter of Inquiry, January 14, 2004, to T-Mobile 
            regarding possible noncompliance by T-Mobile with 
            the requirements contained in Section 227 of the Act 
            and Section 64.1200(c) of the Commission's Rules 
            during the period of October 1, 2003, through 
            February 2005, which possible noncompliance with 
            Section 227 and Section 64.1200(c) shall include, 
            for purposes of this Consent Decree, all complaints 
            that were or could have been made against T-Mobile 
            for telemarketing calls made during the same period.

          1.f.      ``Order'' or ``Adopting Order'' means an 
            Order of the Bureau adopting the terms and 
            conditions of this Consent Decree without change, 
            addition, or modification, and formally terminating 
            the above-captioned Investigation.

          1.g.      ``Parties'' means T-Mobile and the Bureau.

          1.h.      ``T-Mobile'' means T-Mobile USA, Inc. and any 
            telecommunications carrier subsidiary, successor, or 
            telecommunications carrier controlled by T-Mobile 
            USA, Inc. 

          1.i.      ``Telemarketing'' means the initiation of a 
            telephone call or message for the purpose of 
            encouraging the purchase or rental of, or investment 
            in, property, goods, or services, which is 
            transmitted to any person.16 

          1.j.      ``Telephone solicitation'' means the 
            initiation of a telephone call or message for the 
            purpose of encouraging the purchase or rental of, or 
            investment in, property, goods, or services, which 
            is transmitted to any person, but such term does not 
            include a call or message:                           

             1.j.i.      To any person with that person's prior 
               express invitation or permission;17

             1.j.ii.     To any person with whom the caller has 
               an established business relationship18; or

             1.j.iii.    By or on behalf of a tax-exempt 
               nonprofit organization.19

          1.k.      ``National Indirect Channel'' means T-
            Mobile's eleven (11) largest indirect dealers 
            (National Indirect Dealers) who oversee or operate 
            through sub-dealers' points of distribution selling 
            T-Mobile products and services.  

          1.l.      ``Master Dealer'' means an independent dealer 
            who is authorized to sell T-Mobile service by 
            contracting with third-party sub-dealers, and who in 
            fact contracts with such sub-dealers to sell T-
            Mobile service.



IV.AGREEMENT

     7.   T-Mobile agrees that the Bureau has jurisdiction over 
it and the subject matter contained in this Consent Decree and 
the authority to enter into and adopt this Consent Decree.
     
     8.   The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement of the Investigation 
between T-Mobile and the Bureau.  In express reliance on the 
covenants and representations contained herein, the Bureau agrees 
to terminate the Investigation.  In consideration for the 
termination of this Investigation and in accordance with the 
terms of this Consent Decree, T-Mobile agrees to the terms, 
conditions and procedures contained herein.

     9.   The Parties agree that this Consent Decree does not 
constitute either an adjudication on the merits or a factual or 
legal finding or determination regarding any compliance or 
noncompliance by T-Mobile with the requirements of the Act or the 
Commission's rules or orders.  The Parties agree that this 
Consent Decree is for settlement purposes only and that by 
agreeing to this Consent Decree, T-Mobile does not admit or deny 
any noncompliance, violation, or liability associated with or 
arising from its actions or omissions involving the Act or the 
Commission's rules that are the subject of this Consent Decree.

     10.  In consideration for the termination of the 
Investigation in accordance with the terms of this Consent 
Decree, T-Mobile agrees to voluntarily implement a Compliance 
Program consisting of the components delineated below. 

          a.T-Mobile will develop and implement a certification 
            process for its National Indirect Dealers and sub-
            dealers in its National Indirect Channel.  T-Mobile 
            will require the principal(s) of its National 
            Indirect Dealers and of each of their sub-dealers to 
            certify on an annual basis that they acknowledge, 
            understand and abide by all T-Mobile policies 
            concerning telemarketing.  Signatories will also 
            certify that all sales managers and their 
            supervisors have received copies of all T-Mobile's 
            policies concerning telemarketing within five (5) 
            business days of the certification and have been 
            trained with respect to T-Mobile's policies. 

          b.   T-Mobile will continue to monitor all out-of-
            market activations by Master Dealers and sub-
            dealers, and will promptly investigate any unusual 
            patterns in those activations that suggest 
            unauthorized telemarketing may be occurring.  

          c.    T-Mobile hereby agrees that:

                     c.a.i.   Its Master Dealers can be, and in 
                      the circumstances below will be, held 
                      liable if their sub-dealers engage in 
                      unauthorized telemarketing, and provisions 
                      specifically identifying this policy will 
                      be included in any new contract with a 
                      Master Dealer and in renewals of existing 
                      contracts with Master Dealers.
                     c.a.ii.  If a preponderance of the evidence 
                      demonstrates that a T-Mobile sub-dealer 
                      has engaged in unauthorized telemarketing, 
                      T-Mobile will impose liquidated damages on 
                      the master dealer under the terms of T-
                      Mobile's contract with the Master Dealer, 
                      and will impose other remedies, up to and 
                      including termination, as warranted by the 
                      evidence underlying the violation. 
                     c.a.iii.      If a preponderance of the 
                      evidence demonstrates that a sub-dealer 
                      has engaged in unauthorized telemarketing, 
                      T-Mobile will terminate the sub-dealer 
                      under the terms of T-Mobile's contract 
                      with the Master Dealer and the underlying 
                      sub-dealer.

          d.   T-Mobile will amend its Program Rules to require 
            all National Indirect Dealers and all Master Dealers 
            with more than fifteen (15) sub-dealers to develop 
            and implement a ``no-telemarketing'' (of T-Mobile 
            service) campaign, designed to increase awareness of 
            and compliance with T-Mobile's anti-telemarketing 
            policies, T-Mobile's contractual remedies for 
            unauthorized telemarketing (up to and including 
            termination), and the other consequences of 
            violations, including reputational harm among 
            consumers and any penalties authorized by state or 
            federal law.  T-Mobile will also continue to include 
            its no-telemarketing policies as part of the sales 
            training offered to Master Dealers and Sub-Dealers. 

          e.   T-Mobile will continue its existing communications 
            program on its prohibition against telemarketing, by 
            distributing regular information or ``flashes'' on 
            the subject to all of its Master Dealers and sub-
            dealers.

          f.   T-Mobile will formally establish an internal 
            process to promptly investigate and resolve 
            inquiries and informal complaints alleging 
            unauthorized telemarketing, as follows:

            (1)     All written complaints forwarded by a 
               government agency will be investigated by or under 
               the supervision of T-Mobile's Legal Department.
            (2)     All written complaints that T-Mobile receives 
               directly from consumers will be screened by T-
               Mobile's Customer Care staff in order to determine 
               whether they have resulted from skip-tracing or 
               other collections activity.  If skip-tracing20 or 
               other collections activity is indicated, Customer 
               Care will resolve the problem without delay.  Such 
               complaints that do not appear to involve skip-
               tracing or other collections activity will be 
               forwarded to the T-Mobile Legal Department for 
               further investigation.
            (3)     In all cases where practicable, investigation 
               will be completed within 30 days of T-Mobile's 
               receipt of the complaint.  
            (4)     Investigation results for written complaints 
               forwarded by a government agency, to the extent 
               those are requested, will be included in a 
               response to the agency at the close of the 
               investigation (typically within 30 days from 
               receipt of complaint). 

          g.   T-Mobile will ensure that at least one member of 
            T-Mobile's team is specifically trained and 
            responsible for handling telemarketing complaints as 
            those matters arise, including up to one hundred 
            percent of this person's time as warranted.  Should 
            one person be unable to handle such complaints 
            promptly, T-Mobile will add additional responsible 
            staff as necessary.

          h.   T-Mobile will institute enhancements to its sales 
            activation systems.  These enhancements would 
            include (1) randomizing credit review pass codes; 
            (2) automatic expiration of credit review pass codes 
            after no more than 90 days; and (3) lock-out 
            mechanisms that will deny access after five or fewer 
            unsuccessful attempts to access the credit review 
            system.  

          i.   T-Mobile will reach out to consumers for help in 
            detecting and preventing telemarketing, as follows:

               a)1.      T-Mobile will include information on its 
                 web site about its policy against 
                 telemarketing, including information on how to 
                 report telemarketing complaints.
               a)2.      As part of its periodic consumer 
                 surveys, T-Mobile will include a question 
                 regarding whether respondents learned about T-
                 Mobile via telephone.  If telemarketing is 
                 detected, T-Mobile will follow up and take 
                 prompt enforcement action against any dealer or 
                 sub-dealer against whom there is sufficient 
                 evidence of involvement.

          j.   Not later than 30 days after the Effective Date, 
            T-Mobile will adopt newly revised written policies 
            and procedures regarding its ``No-Telemarketing'' 
            Compliance Program.  T-Mobile's written policies and 
            procedures, which will be memorialized in a No-
            Telemarketing Compliance Manual, will include the 
            requirements above.

          k.   Not later than 60 days after the Effective Date, 
            and every 180 days thereafter, T-Mobile will submit 
            a written report to the Bureau of its compliance 
            with this Consent Decree, including in the first 
            report, its progress in implementing its Compliance 
            Program.

          l.   T-Mobile will maintain and make available to the 
            Bureau, within 14 days of receipt of any specific 
            request from the Bureau, business records 
            documenting its compliance with the terms and 
            provisions of this Consent Decree.

          m.   Should T-Mobile change its no-telemarketing policy 
            and commence a telemarketing campaign, T-Mobile will 
            notify the Bureau in writing within 30 days of the 
            campaign's commencement.  

             
     11.  T-Mobile agrees to make a voluntary contribution to the 
United States Treasury, without further protest or recourse to a 
trial de novo, in the amount of $100,000 within ten (10) business 
days after the Effective Date of the Adopting Order. The payment 
must be made by check or money order and mailed to Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 358340, Pittsburgh, Pennsylvania 15251.  
Payment by overnight mail may be sent to Mellon Client Service 
Center, 500 Ross Street, Room 670, Pittsburgh, Pennsylvania 
15262-0001, Attn: FCC Module Supervisor.  Payment by wire 
transfer may be made to: ABA Number 043000261, receiving bank 
Mellon Bank, and account number 911-6229.  Include your NAL/Acct. 
No. with your wire transfer remittance.
     12.  The Bureau agrees that it will not use the facts 
developed in this Investigation through the Effective Date, the 
preventive measures undertaken by T-Mobile as a result of this 
Investigation, or the existence of this Consent Decree to 
initiate, on its own motion, any new proceeding, formal or 
informal, or take any action on its own motion against T-Mobile, 
including any other enforcement action, nor will the Bureau seek 
any administrative or other penalties from T-Mobile concerning 
the matters that were the subject of the Investigation.  In 
addition, if T-Mobile implements, with due care, each of the 
steps listed above in paragraphs 10(a) to 10(m) with the purpose 
of effectively preventing telephone solicitations in violation of 
the TCPA and FCC rules, the FCC will not take enforcement action 
against T-Mobile for violations of the Commission's Do-Not-Call 
Rules resulting from actions by T-Mobile employees or agents not 
specifically authorized to engage in telemarketing, unless: (1) 
T-Mobile either had actual knowledge or should have had actual 
knowledge, based on all the facts and circumstances presented in 
any such future cases, that the specific employee/agent was 
engaging in telemarketing; and (2) T-Mobile failed to take 
reasonable and practicable steps, including, but not limited to, 
the steps detailed in paragraph 10(c) above, to make the agent 
cease and desist telemarketing once T-Mobile had obtained 
specific evidence that the specific employee/agent was engaging 
in telemarketing.  For purposes of this paragraph, the facts of 
which T-Mobile has or should have actual knowledge are those that 
are actually known (or should be actually known) by a T-Mobile 
employee.
     13.  The Bureau also agrees that it will not use the facts 
developed in the Investigation through the Effective Date or the 
existence of this Consent Decree to initiate, on its own motion, 
any proceeding, formal or informal, with respect to T-Mobile's 
basic qualifications to be a Commission licensee.  Further, 
nothing in this Consent Decree limits the Commission's authority 
to consider and adjudicate any complaint that may be filed 
pursuant to Section 208 of the Act, 47 U.S.C.  208, and to take 
any action in response to such complaint. 
     14.  The Bureau also agrees to advise T-Mobile, as promptly 
as possible, of any large volume of complaints filed with the FCC 
alleging violations of the TCPA and FCC Do-Not-Call Rules.  The 
parties agree that the decision to so advise T-Mobile shall be 
within the sole discretion of the Bureau and that any lack of 
such notification shall not affect the Commission's or Bureau's 
ability to investigate, or take enforcement action regarding, T-
Mobile.

     15.  T-Mobile's decision to enter into this Consent Decree 
is expressly contingent upon the Bureau's issuance of an Order 
that is consistent with this Consent Decree, and which adopts the 
Consent Decree without change, addition or modification.

     16.  Provided the Bureau issues an Order adopting the 
Consent Decree without change, addition or modification, T-Mobile 
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.

     17.  In the event that this Consent Decree is rendered 
invalid by a court of competent jurisdiction, it shall become 
null and void and may not be used in any manner in any legal 
proceeding.

     18.  By this Consent Decree, T-Mobile neither waives nor 
alters its right to assert and seek protection from disclosure of 
any privileged or otherwise confidential and protected documents 
and information, or to seek appropriate safeguards of 
confidentiality for any competitively sensitive or proprietary 
information.

     19.  T-Mobile agrees that any violation of the Order or of 
this Consent Decree shall constitute a separate violation of a 
Commission order, entitling the Commission to exercise any rights 
and remedies attendant to the enforcement of a Commission order. 

     20.  The Parties agree that if any provision of this Consent 
Decree conflicts with any subsequent rule or order adopted by the 
Commission (except an order specifically intended to revise the 
terms of this Consent Decree to which T-Mobile  does not 
consent), that provision will be superceded by such Commission 
rule or order.

     21.  The Parties agree that the requirements of this Consent 
Decree shall expire thirty-six (36) months from the Effective 
Date.

     22.  This Consent Decree may be signed in counterparts.



For: T-Mobile USA, Inc.  



November 23, 2005   /s/ Thomas J. Sugrue_________
Date           Thomas J. Sugrue
               Vice President, Government Affairs



For: Enforcement Bureau
     Federal Communications Commission


November 23, 2005   /s/ Kris A. Monteith___________
Date           Kris A. Monteith
               Chief, Enforcement Bureau




_________________________

1T-Mobile USA, Inc. is a nationwide wireless provider, and a 
subsidiary of Deutsche Telekom's T-Mobile International unit.  
Robert P. Dotson serves as  President and Chief Executive 
Officer.  T-Mobile USA, Inc.'s headquarters is located at: 12920 
SE 38th Street, Bellevue, WA 98006. 

2 47 U.S.C.  227; 47 C.F.R.  64.1200.

3 47 U.S.C.  154(i).

4T-Mobile USA, Inc. is a nationwide wireless provider, and a 
subsidiary of Deutsche Telekom's T-Mobile International unit.  
Robert P. Dotson serves as President and Chief Executive Officer.  
T-Mobile USA, Inc.'s headquarters is located at: 12920 SE 38th 
Street, Bellevue, WA 98006. 

5 47 U.S.C.  227; 47 C.F.R.  64.1200(c).

6Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 
105 Stat. 2394 (1991), codified at 47 U.S.C.  227.  The TCPA 
amended Title II of the Communications Act of 1934, 47 U.S.C.  
201 et seq.  Section 227(c)(1) requires the Commission to conduct 
a rulemaking proceeding ``concerning the need to protect 
residential telephone subscribers' privacy rights to avoid 
receiving telephone solicitations to which they object.''  

7See Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, CC Docket No. 92-90, Report and Order, 7 
FCC Rcd 8752 (1992) (1992 TCPA Order); see also 47 C.F.R.  
64.1200.  Pursuant to petitions for reconsideration, the 
Commission adopted amendments to the TCPA rules in 1995 and 1997.  
Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, CC Docket No. 92-90, Memorandum Opinion 
and Order, 10 FCC Rcd 12391 (1995) (1995 TCPA Reconsideration 
Order); Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, CC Docket No. 92-90, Order on Further 
Reconsideration, 12 FCC Rcd 4609 (1997) (1997 TCPA 
Reconsideration Order). 

8See Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, Report and Order, 18 FCC Rcd 14014, 
14021-22 (2003) (2003 TCPA Order) (describing expansion of 
telemarketing industry since 1992).

9Do-Not-Call Implementation Act,  Pub. L. No.  108-10, 117  Stat. 
557 (2003), codified at 15  U.S.C.  6101 (Do-Not-Call Act).  The 
Do-Not-Call Act, inter alia, directs the FCC to adopt rules  that 
maximize consistency with those of the FTC.  In 2003, the FTC had 
also amended  its  telemarketing rule,  16  C.F.R. Part  310,  to 
include a National Do-Not-Call Registry.

102003 TCPA Order, 18 FCC Rcd 14014.

11 December 21 Response at 1.

12 February 24 Response at 2.  

13 During the period from October 2003 through February 2005, 
this Commission and the FTC together received over 1000 
complaints from consumers who allegedly received telephone 
solicitation calls from T-Mobile.  See Letter from Kurt A. 
Schroeder, Deputy Chief, Telecommunications Consumers Division, 
Federal Communications Commission, to Robert Dotson, Chief 
Executive Officer, T-Mobile USA, Inc., dated January 14, 2004 
(including 164 consumer complaints); Letter from Kurt A. 
Schroeder, Deputy Chief, Telecommunications Consumers Division, 
Federal Communications Commission, to Bob Calaff, Senior 
Corporate Counsel, Governmental and Industry Affairs, T-Mobile 
USA, Inc., dated June 10, 2004; Letter from Kurt A. Schroeder, 
Deputy Chief, Telecommunications Consumers Division, Federal 
Communications Commission, to Bob Calaff, Senior Corporate 
Counsel, Governmental and Industry Affairs, T-Mobile USA, Inc., 
dated September 21, 2004 (including 683 new consumer complaints); 
and Letter from Kurt A. Schroeder, Deputy Chief, 
Telecommunications Consumers Division, Federal Communications 
Commission, to Bob Calaff, Senior Corporate Counsel, Governmental 
and Industry Affairs, T-Mobile USA, Inc., dated February 22, 2005 
(including 217 new consumer complaints). 

14 See note 11, supra. 

15 Letter from David Charles, Corporate Counsel, T-Mobile USA, 
Inc., to Kurt A. Schroeder, Deputy Chief, Telecommunications 
Consumers Division, Federal Communications Commission, dated 
February 24, 2004; Letter from David Charles, Corporate Counsel, 
T-Mobile USA, Inc., to Kurt A. Schroeder, Deputy Chief, 
Telecommunications Consumers Division, Federal Communications 
Commission, dated March 1, 2004; Letter from Thomas J. Sugrue, 
Vice President, Government Affairs, T-Mobile USA, Inc., to Kurt 
A. Schroeder, Deputy Chief, Telecommunications Consumers 
Division, Federal Communications Commission, dated July 14, 2004; 
Letter from Thomas J. Sugrue, Vice-President, Government Affairs, 
T-Mobile USA, Inc., to Kurt A. Schroeder, Deputy Chief, 
Telecommunications Consumers Division, Federal Communications 
Commission, dated December 21, 2004; and Letter from Robert A. 
Calaff, Senior Corporate Counsel, Governmental and Industry 
Affairs, T-Mobile USA, Inc., to Kurt A. Schroeder, Deputy Chief, 
Telecommunications Consumers Division, Federal Communications 
Commission dated May 6, 2005. A tolling agreement was signed on 
December 14, 2004, and most recently modified on November 21, 
2005.  Under 47 U.S.C.  503(b)(6), a Notice of Apparent 
Liability (``NAL'') for violations of the Communications Act 
and/or the Commission's Rules by a non-broadcast licensee must be 
issued within one year from the date on which the alleged 
violation(s) occurred. Under the most recent modification of the 
tolling agreement, T-Mobile and the Commission agreed that any 
limitation period that would have expired in the time period 
commencing with the date of the initial tolling agreement, which 
was executed on December 14, 2004, would be tolled until the 
earlier of: (a) the date on which the FCC releases a NAL 
regarding any of the alleged violations described hereafter in 
this paragraph; (b) the date on which the FCC informs T-Mobile in 
writing that it has terminated the investigation; or (c) November 
23, 2005.  By tolling the statute of limitations as stated in the 
agreement, T-Mobile waived any right that it might otherwise have 
had to rely on the Tolled Period in connection with the 
computation of the one-year period under 47 U.S.C.  503(b)(6) as 
it applies to the alleged violations described in the agreement, 
and acknowledged that, upon execution of the Agreement, it has 
the same force and effect as any other order of the Commission.

16 47 U.S.C  227(a)(3); see also 47 C.F.R.  64.1200(f)(7).

17Section 64.1200(c)(2)(ii)  of  our rules  requires  that  prior 
express invitation or permission ``must be evidenced by a signed, 
written agreement between  the consumer and  seller which  states 
that the  consumer agrees  to  be contacted  by this  seller  and 
includes the telephone number to which the calls may be placed.''  
47 C.F.R.  64.1200(c)(2)(ii). 

18For do-not-call purposes, the term ``established business 
relationship'' means ``a prior or existing relationship formed by 
a voluntary two-way communication between a person or entity and 
a residential subscriber with or without an exchange of 
consideration, on the basis of the subscriber's purchase or 
transaction with the entity within the eighteen (18) months 
immediately preceding the date of the telephone call or on the 
basis of the subscriber's inquiry or application regarding 
products or services offered by the entity within the three 
months immediately preceding the date of the call, which 
relationship has not been previously terminated by either 
party.'' 47 C.F.R.  64.1200(f)(3).  

1947 U.S.C  227(a)(3); see also 47 C.F.R.  64.1200(f)(9).

20 ``Skip-tracing'' is a computerized technique utilized by T-
Mobile to update contact information for consumers with 
delinquent accounts.  A computer algorithm is used along with 
existing contact information for a consumer to search for 
alternative addresses and phone numbers that are reasonably 
likely to be the same person.