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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Cellular Phone of Kentucky, Inc., File Nos. EB-07-SE-145 and
) EB-07-SE-146
Litchfield County Cellular, Inc.
d/b/a Ramcell of ) NAL/Acct. No. 200732100041
Kentucky, and Litchfield County ) FRN: 0001801307
Cellular, Inc. d/b/a Ramcell of
Oregon )
)
ORDER
Adopted: August 7, 2007 Released: August 7, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission (the "FCC" or "Commission") and Cellular
Phone of Kentucky, Inc., Litchfield County Cellular, Inc. d/b/a
Ramcell of Kentucky, and Litchfield County Cellular, Inc. d/b/a
Ramcell of Oregon ("Ramcell Licensees"). The Consent Decree terminates
the Bureau's investigations into the Ramcell Licensees' compliance
with the Enhanced 911 requirements set forth in Section
20.18(g)(1)(i)-(v) of the Commission's Rules ("Rules"), and the
hearing aid compatibility requirements for digital wireless handsets
set forth in Section 20.19(c)(2) of the Rules.
2. The Enforcement Bureau and the Ramcell Licensees have negotiated the
terms of a Consent Decree that would resolve these matters and
terminate the investigations. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. Based on the record before us, we conclude that no substantial or
material questions of fact exist with respect to this matter as to
whether the Ramcell Licensees possess 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 would be served by adopting the Consent Decree and
terminating the investigations.
5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and
the authority delegated by Sections 0.111 and 0.311 of the
Commission's rules, that the attached Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigatory
proceedings ARE TERMINATED.
7. IT IS FURTHER ORDERED that the Ramcell Licensees shall make their
voluntary contribution to the United States Treasury, as specified in
the Consent Decree, by credit card through the Commission's Debt and
Credit Management Center at (202) 418-1995, or by mailing a check or
similar instrument, payable to the order of the Federal Communications
Commission, to the 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 NAL/Acct. No. 200732100041 and FRN # 0001801307.
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 William Sill, Esq., Wilkinson Barker Knauer, LLC, 2300 N
Street, NW, Suite 700, Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission"), and Cellular Phone of Kentucky, Inc. ("CPK"), Litchfield
County Cellular, Inc. d/b/a Ramcell of Kentucky ("LCC Kentucky"), and
Litchfield County Cellular, Inc. d/b/a Ramcell of Oregon ("LCC Oregon")
(collectively the "Ramcell Licensees"), by their authorized
representatives, hereby enter into this Consent Decree regarding Ramcell
Licensees' compliance with the Enhanced 911 ("E-911") requirements set
forth in Sections 20.18(g)(1)(i)-(v) of the Commission's Rules ("Rules"),
47 C.F.R. S: 20.18(g)(1)(i)-(v), and the Hearing Aid Compatibility
requirements set forth in Section 20.19(c)(2) of the Rules, 47 C.F.R. S:
20.19(c)(2).
I. BACKGROUND
1. By Memorandum Opinion and Order released April 11, 2007 (the "Wireless
Hearing Aid Compatibility Waiver Order"), the Commission denied CPK's
and LCC Kentucky's petitions for waiver of Section 20.19 of the
Commission's wireless hearing aid compatibility rules. The Commission
referred the matter of CPK's and LCC Kentucky's compliance to the
Enforcement Bureau. CPK and LCC Kentucky timely filed a Petition for
Reconsideration of the Wireless Hearing Aid Compatibility Waiver Order
on May 11, 2007, which remains pending.
2. By Order released May 2, 2007 (the "E911 Waiver Order"), the
Commission denied in part the Ramcell Licensees' requests for waiver
of Section 20.18(g)(1)(i)-(v) of the Commission's E-911 rules. The
Commission referred the matter to the Enforcement Bureau. The Ramcell
Licensees timely filed a Petition for Reconsideration of the E911
Waiver Order on June 1, 2007, which remains pending.
3. On April 30, 2007, the Wireless Telecommunications Bureau ("WTB")
granted the Ramcell Licensees' applications for consent to assign
their respective Part 22 cellular and other licenses to Cellco
Partnership d/b/a Verizon Wireless (the "Applications").
II. DEFINITIONS
4. For the purposes of this Consent Decree the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended U.S.C. S:S: 151
et seq.;
b. "Adopting Order" means an order of the Bureau adopting the terms and
conditions of this Consent Decree;
c. "Applications" means the Applications for Commission consent to the
assignment of the Ramcell Licensees' spectrum licenses, File Nos.
0002962219 and 0002962269.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
e. "Commission" means the Federal Communications Commission;
f. "Compliance Plan" means the processes and procedures to be developed
by Ramcell Licensees to ensure compliance with the Communications Act
and the Commission's Rules;
g. "E911 Waiver Order" means Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems, Petitions
for Waiver of Cellular Phone of Kentucky, Inc., Litchfield County
Cellular, Inc. d/b/a Ramcell of Kentucky, and Litchfield County
Cellular, Inc. d/b/a Ramcell of Oregon, Order, CC Docket No. 94-102,
22 FCC Rcd 8927 (2007);
h. "Effective Date" means the date the Bureau releases the Adopting
Order;
i. "Enforcement Proceedings" means the investigations of the alleged Rule
violations by the Ramcell Licensees referenced in the Wireless Hearing
Aid Compatibility Waiver Order and the E911 Waiver Order and referred
to the Enforcement Bureau;
j. "Wireless Hearing Aid Compatibility Waiver Order" means Section
68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible
Telephones, Petitions for Waiver of Section 20.19 of the Commission's
Rules, Memorandum Opinion and Order, WT Docket No. 01-309, 22 FCC Rcd
7171 (2007);
k. "Parties" means the Ramcell Licensees and the Bureau;
l. "Petitions for Reconsideration" means, collectively, the Petition for
Reconsideration of Cellular Phone of Kentucky, Inc. and Litchfield
County Cellular, Inc. d/b/a Ramcell of Kentucky, filed May 11, 2007,
in WT Docket No. 01-309, and the Petition for Reconsideration filed by
Cellular Phone of Kentucky, Inc., Litchfield County Cellular, Inc.
d/b/a Ramcell of Kentucky, and Litchfield County Cellular, Inc. d/b/a
Ramcell of Oregon, filed June 1, 2007, in CC Docket No. 94-102;
m. "Ramcell Licensees" means, collectively, Cellular Phone of Kentucky,
Inc., Litchfield County Cellular, Inc. d/b/a Ramcell of Kentucky, and
Litchfield County Cellular, Inc. d/b/a Ramcell of Oregon; and
n. "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. TERMS OF AGREEMENT
5. 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.
6. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. The Ramcell Licensees and the Bureau
represent and warrant that its signatory is duly authorized to enter
into this Consent Decree on its behalf. 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.
7. The Ramcell Licensees acknowledge that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.
8. The Parties waive any and all 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 or modification.
9. The Ramcell Licensees agree that they will request withdrawal of their
pending Petitions for Reconsideration within five (5) business days of
the Effective Date.
10. The Ramcell Licensees waive any rights they 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 discussed in this
Consent Decree.
11. 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 by the Ramcell
Licensees with the Act or the Rules. The Parties further agree that
this Consent Decree is for settlement purposes only and that by
agreeing to the Consent Decree, the Ramcell Licensees do not admit or
deny any noncompliance, violation, or liability associated with or
arising from its acts or omissions involving the Act or the Rules that
are the subject of this Consent Decree.
12. In express reliance on the covenants and representations in this
Consent Decree, the Bureau agrees to terminate the Enforcement
Proceedings.
13. The Ramcell Licensees agree that, if the transaction contemplated in
the Applications is not consummated within 6 months after the
Effective Date, they will notify, in writing, the Chief, Enforcement
Bureau, Federal Communications Commission, Washington, D.C., and will
present a draft compliance plan to the Bureau within 15 days
thereafter.
14. The Parties acknowledge that this Consent Decree shall constitute a
final settlement between the Ramcell Licensees and the Bureau
regarding all matters in the E911 Waiver Order and the Wireless
Hearing Aid Compatibility Waiver Order relating to the Ramcell
Licensees and referred to the Enforcement Bureau or otherwise from
these Enforcement Proceedings. In consideration for termination by the
Bureau of the Enforcement Proceedings and in accordance with the terms
of this Consent Decree, the Ramcell Licensees agree to the terms set
forth herein.
15. The Bureau agrees that, in the absence of new material evidence, it
will not entertain, or institute on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against the Ramcell Licensees for possible violations of the Rules
specified in the E911 Waiver Order and the Wireless Hearing Aid
Compatibility Waiver Order. The Bureau also agrees that, in the
absence of new material evidence, it will not initiate or recommend to
the Commission any new proceeding, formal or informal, against the
Ramcell Licensees regarding any matter arising from the Enforcement
Proceedings. The Bureau further agrees that, in the absence of new
material evidence, the facts developed in the Enforcement Proceedings
through the Effective Date will not be used by the Bureau 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 the
Ramcell Licensees with respect to their basic qualifications to hold
Commission licenses or authorizations. Nothing in this Consent Decree
shall prevent the Commission from instituting investigations or
enforcement proceedings against the Ramcell Licensees in the event of
any other alleged misconduct that occurs after the Effective Date of
this Consent Decree that would violate this Consent Decree or that
would violate any provision of the Act or the Rules.
16. The Parties agree that each is required to comply with each individual
condition of this Consent Decree. Each specific condition is a
separate condition of the Consent Decree as approved. To the extent
that the Ramcell Licensees fail to satisfy any condition, in the
absence of Commission alteration of the condition, they will be deemed
noncompliant and may be subject to possible future enforcement action
with respect to such failure to satisfy the condition.
17. The Parties also 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.
18. The Ramcell Licensees agree to make a voluntary contribution to the
United States Treasury in the amount of Twenty-Five Thousand Dollars
($25,000) within thirty (30) calendar days of the Effective Date. Such
contribution shall be made, without further protest or recourse, by
credit card through the Commission's Debt and Credit Management Center
at (202) 418-1995, or by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to the
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
NAL/Acct. No. 200732100041 and FRN # 0001801307.
19. 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 the Ramcell Licensees 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.
20. 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.
21. The Parties agree that the requirements of this Consent Decree shall
expire the earlier of (i) two (2) years after the Effective Date, or
(ii) when the transaction contemplated in the Applications has been
consummated and the payment referenced at paragraph 18 have both
occurred.
22. This Consent Decree cannot be modified without the advance written
consent of all of the Parties.
23. This Consent Decree may be signed in counterparts.
For: Federal Communications Commission
Enforcement Bureau
By: __________________________ ________________________
Kris Anne Monteith Date
Chief, Enforcement Bureau
For: Cellular Phone of Kentucky, Inc.
Litchfield County Cellular, Inc. d/b/a Ramcell of Kentucky
Litchfield County Cellular, Inc. d/b/a Ramcell of Oregon
By: __________________________ _________________________
Kelly Ramsey Date
Vice President
47 C.F.R. S: 20.18(g)(1)(i)-(v).
47 C.F.R. S: 20.19(c)(2).
47 U.S.C. S: 154(i); 47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 07-3524
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Federal Communications Commission DA 06-