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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.