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Before the
Federal Communications Commission
Washington, D.C. 20554
)
File No. EB-06-SE-147
In the Matter of )
NAL/Acct. No. 200732100020
T-Mobile USA, Inc. )
FRN # 0006945950
)
ORDER
Adopted: March 28, 2007 Released: March 30, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau and T-Mobile USA, Inc. ("T-Mobile").
The Consent Decree terminates the Enforcement Bureau's investigation
into whether T-Mobile failed to timely deploy Enhanced 911 ("E911")
Phase II services in northern Yavapai County, Arizona, in violation of
the Order and Consent Decree released on July 17, 2003.
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.
3. We conclude that, in the absence of new material evidence, no
substantial or material questions of fact exist with respect to this
matter as to whether T-Mobile possesses the basic qualifications,
including those related to character, to hold or obtain any FCC
license or authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest will be served by adopting the Consent Decree and
terminating the Enforcement Bureau's investigation.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and Sections 0.111 and 0.311
of the Rules, the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that T-Mobile USA, Inc. will make a voluntary
contribution to the United States Treasury in the amount of
seventy-five thousand dollars ($75,000) within 30 calendar days after
the Effective Date of the Adopting Order. 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.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Thomas J. Sugrue, Vice President, Government Affairs,
T-Mobile USA, Inc., 401 9^th Street, N.W., Suite 550, Washington, D.C.
20004, and to John T. Nakahata, Esq., Harris, Wiltshire & Grannis,
LLP, 1200 18^th Street, N.W., Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission") and T-Mobile USA, Inc. ("T-Mobile") hereby enter into this
Consent Decree for the purpose of terminating the Bureau's investigation
into whether T-Mobile failed to timely deploy Enhanced 911 ("E911") Phase
II services in northern Yavapai County, Arizona in violation of the Order
and Consent Decree released on July 17, 2003 ("2003 T-Mobile Consent
Decree").
I. BACKGROUND
1. On September 19, 2005, T-Mobile received a request to implement E911
Phase II services on behalf of five Public Safety Answering Points
("PSAPs") located in northern Yavapai County, Arizona. Under the
requirements of the 2003 T-Mobile Consent Decree, T-Mobile was
required to deploy service to 50 % of the coverage area or population
of these five PSAPs by March 20, 2006, and 100 % of these PSAPs'
coverage area or population by December 20, 2006, provided the PSAP
requests were valid under the requirements of Section 20.18(j) of the
Commission's Rules.
2. The Arizona Department of Administration State 9-1-1 Office filed an
informal complaint against T-Mobile alleging that T-Mobile had failed
to deploy E911 Phase II services by the required date. On April 20,
2006, the Enforcement Bureau issued a letter of inquiry ("LOI") to
T-Mobile. T-Mobile responded to the LOI on June 1, 2006. T-Mobile
stated that it had deployed Phase II service to 100 % of these PSAPs'
coverage area or population by April 27, 2006.
II. DEFINITIONS
3. For the purposes of this Consent Decree, the following definitions
shall apply:
(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
SS151 et seq.
(b) "Adopting Order" means an order of the Bureau adopting the terms and
conditions of this Consent Decree;
(c) "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
(d) "Commission" or "FCC" means the Federal Communications Commission;
(e) "Effective Date" means the date the Adopting Order is released by the
Bureau;
(f) "Investigation" means the Investigation initiated by the Bureau's
April 20, 2006 LOI;
(g) "Parties" means T-Mobile and the Bureau;
(h) "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations;
(i) "T-Mobile" means T-Mobile USA, Inc., its subsidiaries, affiliates and
any successors and assigns; and
(j) "2003 T-Mobile Consent Decree" means T-Mobile USA, Inc., Order and
Consent Decree, 18 FCC Rcd 15123 (2003).
III. TERMS OF AGREEMENT
4. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such
provisions by reference in the Adopting Order.
5. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. Upon release, the Adopting Order and
this Consent Decree shall have the same force and effect as any other
final order of the Commission and any violation of the terms or
conditions of this Consent Decree shall constitute a violation of a
Commission order.
6. T-Mobile acknowledges 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 Parties waive any rights they may have to seek administrative or
judicial reconsideration, review, appeal or stay, or to otherwise
challenge or contest the validity of this Consent Decree and the
Adopting Order, provided that the Adopting Order adopts the Consent
Decree without change, addition, modification or deletion.
8. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or
determination of any compliance or noncompliance with the Act or the
Rules. The Parties further 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 liability for violating the Rules
in connection with the matters that are the subject of this Consent
Decree.
9. In express reliance on the covenants and representations in this
Consent Decree and to avoid further expenditure of scarce public
resources, the Bureau agrees to terminate its Investigation at such
time as both Parties sign this Consent Decree and the Bureau adopts
this Consent Decree.
10. T-Mobile has implemented certain administrative changes for Phase I
and Phase II trunk orders, as more fully described in the Compliance
Plan attached hereto. T-Mobile has also supplemented the resources
used to track and monitor Phase I and Phase II deployments for its GSM
network to facilitate timely deployments. Further, while this
Investigation was solely with respect to Phase II implementations,
T-Mobile has agreed, on a voluntary basis, to apply these same changes
to Phase I deployments. T-Mobile reserves the right to modify this
attached plan as necessary to better ensure continuing compliance with
the Commission's rules and Orders.
11. The Parties agree that T-Mobile's obligations set forth in paragraph
10 will remain in effect for eighteen (18) months from the Effective
Date.
12. The Parties agree that this Consent Decree supplements and does not
modify the terms of the 2003 T-Mobile Consent Decree.
13. The Parties acknowledge and agree that this Consent Decree shall
constitute a final and binding settlement between T-Mobile and the
Bureau regarding the possible violations of the 2003 T-Mobile Consent
Decree concerning T-Mobile's deployment of E911 Phase II service in
northern Yavapai County, Arizona. In consideration for termination by
the Bureau of its Investigation and in accordance with the terms of
this Consent Decree, T-Mobile agrees to the terms set forth in this
Consent Decree.
14. The Bureau agrees that, in the absence of new material evidence, it
will not institute, on its own motion, any new investigation or
enforcement proceeding, formal or informal, take any action on its own
motion, or recommend to the Commission any forfeiture or other
sanction, against T-Mobile for the possible violations of the T-Mobile
Consent Decree in connection with the northern Yavapai County PSAP
requests. The Bureau further agrees that, in the absence of new
material evidence, it will not use the facts developed in the
Investigation through the Effective Date to initiate on its own
motion, or recommend to the Commission, any proceeding, formal or
informal, or take any action on its own motion against T-Mobile with
respect to T-Mobile's basic qualifications to hold Commission licenses
or authorizations. Nothing in this Consent Decree shall prevent the
Bureau from instituting investigations or enforcement proceedings
against T-Mobile in the event of any other alleged misconduct that
violates this Consent Decree, the T-Mobile Consent Decree or any other
provision of the Act or the Rules.
15. The Parties agree that any provision of this Consent Decree which
conflicts with any subsequent rule, order of general applicability or
other decision of general applicability adopted by the Commission will
be superseded by such Commission rule, order or other decision.
16. T-Mobile agrees that it will make a voluntary contribution to the
United States Treasury in the amount of seventy five thousand dollars
($75,000) within 30 calendar days after the Effective Date of the
Adopting Order. 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. The payment should reference
the NAL/Acct. and FRN No. referenced above.
17. If either Party (or the United States on behalf of the Commission)
brings a judicial action to enforce the terms of the Adopting Order,
neither T-Mobile nor the Commission shall contest the continuing
validity of the Consent Decree or Adopting Order. The Parties agree to
comply with, defend and support the validity of this Consent Decree
and the Adopting Order in any proceeding seeking to nullify, void, or
otherwise modify the Consent Decree or the Adopting Order.
18. The Parties agree that in the event that any court of competent
jurisdiction renders this Consent Decree invalid, this Consent Decree
shall become null and void and may not be used in any manner in any
legal proceeding.
19. T-Mobile waives any rights it may have under any provision of the
Equal Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et
seq., relating to the matters addressed in this Supplemental Consent
Decree.
20. This Consent Decree cannot be modified without the advance written
consent of both Parties except as indicated in paragraph 10.
21. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
________________________________
Kris Anne Monteith
Chief, Enforcement Bureau
________________________________
Date
For T-Mobile USA, Inc.:
________________________________
Thomas J. Sugrue
Vice President, Government Affairs
________________________________
Date
COMPLIANCE PLAN
Summary of T-Mobile USA, Inc. Administrative Changes
As part of its effort to ensure compliance with the Communications Act of
1934, as amended, the FCC's rules and regulations, and T-Mobile's Phase II
E911 Consent Decree, adopted July 14, 2003, T-Mobile has developed and
implemented, and will continue to implement and oversee, the following
administrative changes to its implementation of E911 Phase II requests on
its GSM network. T-Mobile will also voluntarily apply these changes to
Phase I requests on its GSM network.
1. Designate an employee, in addition to T-Mobile's PSAP Liaisons, to
monitor the status of 911 projects, to ensure that T-Mobile's electronic
project management system is updated in a timely manner.
2. Have a supervisor review project status, at a minimum, on a monthly
basis.
3. Provide contact escalation information to requesting PSAPs at the time
T-Mobile confirms to the PSAP receipt of the Phase I or Phase II request,
including levels from PSAP Liaison to supervisor, with name, phone number
(office and mobile) and address, to permit notification to T-Mobile
management of any deployment concerns.
4. Provide automated e-mail notification to the PSAP Liaison and the
supervisor with status of pending requests assigned to that PSAP Liaison
when the projected due date is within 35 days.
T-Mobile USA, Inc., Order and Consent Decree, 18 FCC Rcd 15123 (2003).
47 U.S.C. S 154(i).
47 C.F.R. SS 0.111, 0.311.
T-Mobile USA, Inc., Order and Consent Decree, 18 FCC Rcd 15123 (2003).
Federal Communications Commission DA 07-1474
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Federal Communications Commission DA 07-1474
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Federal Communications Commission DA 07-1474