Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No. EB-06-SE-336

   United States Cellular Corporation ) NAL/Acct. No. 200732100014 ) FRN:
   0008308199

                                     ORDER

   Adopted: February 23, 2007  Released: February 26, 2007

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the Consent Decree entered into between the
       Enforcement Bureau ("Bureau") and United States Cellular Corporation
       ("US Cellular"). The Consent Decree terminates an investigation into
       US Cellular's compliance with the environmental regulations set forth
       in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's
       Rules ("Rules") with respect to its construction of a wireless base
       station near Fries, Virginia.

    2. The Bureau and US Cellular have negotiated the terms of a Consent
       Decree that would resolve this matter. 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 US Cellular 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 and evaluating the
       facts before us, we find that the public interest will be served by
       adopting the Consent Decree and terminating this investigation.

    5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act
       and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree
       IS ADOPTED.

    6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that US Cellular shall make its 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.

    8. IT IS FURTHER ORDERED that copies of this Order and Consent Decree
       shall be sent by regular first class mail and certified mail, return
       receipt requested, to James R. Jenkins, Vice President, Legal and
       Regulatory Affairs, United States Cellular Corporation, 8410 W. Bryn
       Mawr, Suite 700, Chicago, Illinois 60631 and to Peter Connolly, Esq.,
       Holland & Knight, 2099 Pennsylvania Avenue, N.W., Suite 100,
       Washington, D.C. 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                 CONSENT DECREE

   I. INTRODUCTION.

   The Enforcement Bureau ("Bureau") of the Federal Communications Commission
   (the "FCC" or "Commission") and United States Cellular Corporation ("US
   Cellular"), by their authorized representatives, hereby enter into this
   Consent Decree for the purpose of terminating the Bureau's investigation
   regarding US Cellular's compliance with the environmental regulations set
   forth in Sections 1.1307, 1.1308, 1.1311, and 1.1312 of the FCC's Rules
   with respect to the construction of a wireless base station near Fries,
   Virginia.

   II. BACKGROUND.

    1. US Cellular provides wireless service in numerous markets nationwide,
       including the City of Galax in Virginia Rural Service Area #2. In
       early 2005, US Cellular decided to reconfigure the antennas on its
       Galax, Virginia tower in order to implement a sectorization of the
       cell. This necessitated construction of an additional cell near Fries,
       Virginia to preserve wireless service to the Fries area.

    2. In September of 2005, US Cellular obtained local zoning consent to
       construct the Fries tower and engaged the services of an environmental
       consultant to secure necessary environmental and other regulatory
       consents to construct the tower. Through its consultant, during the
       summer and autumn of 2005, US Cellular took various steps necessary to
       secure the necessary environmental consents, including notification to
       the Virginia State Department of Historic Resources ("VDHR"), and
       communications with the U.S. Bureau of Indian Affairs, Virginia
       Department of Inland Fisheries, and U.S. Fish and Wildlife Service
       regarding the proposed tower. On November 8, 2005, the VDHR, which
       serves as the Virginia State Historic Preservation Officer sent to US
       Cellular's consultant a letter, acknowledging the information
       previously filed, but stating that FCC Form 620, the "New Tower
       Submission Packet" should also be filed in order for the tower to be
       reviewed. Neither US Cellular nor the FCC learned of this letter until
       January 2006.

    3. On November 8, 2005, US Cellular began construction of the access road
       to the Fries tower, and erected the tower on December 23, 2005, but
       did not install transmitting antennas. On January 3, 2006, based on a
       complaint from a member of the public about the Fries tower, the FCC's
       Wireless Telecommunications Bureau contacted US Cellular's FCC
       attorney and informed him that no Form 620 had been filed. US Cellular
       immediately stopped all work on the tower project. Subsequently, US
       Cellular engaged the services of another environmental consultant,
       Stokes Environmental, which prepared and submitted the Form 620, with
       attachments, to the VDHR and to the Eastern Band of Cherokee Indians
       ("EBCI"), the only Indian tribe which had expressed an interest in the
       proposed tower through the FCC's Tower Construction Notification
       System.

    4. During 2006, US Cellular provided documentation to the Wireless
       Telecommunications Bureau regarding the Fries tower either through
       submissions to the FCC or through copies of submissions to VDHR. Such
       documentation has included but is not limited to letters and other
       filings dated January 23, 2006, February 6, 2006, April 6, 2006, April
       7, 2006, April 24, 2006, May 30, 2006, June 20, 2006 and August 23,
       2006.

    5. During 2006, US Cellular engaged in extensive correspondence with
       VDHR, the Town of Fries, Grayson County, the EBCI and other interested
       parties concerning the Fries tower. On May 30, 2006, the VDHR released
       a letter stating that the Fries tower had an adverse affect on the
       Fries Historic District and Fries Recreation Center. US Cellular
       subsequently entered into negotiations with the VDHR, the Town of
       Fries and Grayson County regarding possible measures to be
       incorporated into a Memorandum of Agreement ("MOA") to mitigate any
       adverse effect from the Fries tower, in accordance with the provisions
       of the Nationwide Programmatic Agreement. On February 23, 2007, US
       Cellular, the Wireless Telecommunications Bureau, and VDHR entered
       into an MOA with respect to mitigation measures for the Fries tower.

    6. On November 30, 2006, the EBCI informed US Cellular that the Fries
       tower did not have an "adverse effect upon known cultural resources
       important to the Cherokee people." The letter also stated that if in
       the future cultural resources or human remains were inadvertently
       discovered, Section 106 consultation between the United States
       Government and the EBCI would be required.

   III. DEFINITIONS.

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

   a. "Act" means the Communications Act of 1934, as amended;

   b. "Bureau" means the Enforcement Bureau of the Federal Communications
   Commission;

   c. "Commission" means the Federal Communications Commission;

   d. "Effective Date" means the date on which the Bureau releases the
   Adopting Order;

   e. "Investigation" means the investigation and any related proceedings
   commenced by the Wireless Telecommunications Bureau in January 2006 and
   the Bureau in October 2006 regarding construction of the Fries tower with
   respect to possible non-compliance by US Cellular with the requirements
   contained in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the FCC's Rules
   during the period November 8, 2005 to December 23, 2005;

   f. "MOA" means the Memorandum of Agreement entered into between US
   Cellular, the Wireless Telecommunications Bureau and the VDHR on February
   23, 2007 concerning mitigation measures for US Cellular's Fries, Virginia
   tower;

   g. "Order" or "Adopting Order" means an Order of the Bureau adopting the
   terms and conditions of this Consent Decree;

   h. "Parties" means US Cellular and the Bureau;

   i. "Rules" means the Commission's regulations set forth in Title 47 of the
   Code of Federal Regulations; and

   j. "US Cellular" means United States Cellular Corporation and any
   telecommunications carrier subsidiary, successor, or communications
   carrier controlled by United States Cellular Corporation.

   IV. TERMS OF AGREEMENT.

    8. US Cellular 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.

    9. The Parties agree that the provisions of this Consent Decree shall be
       subject to the final approval by the Bureau by incorporation of such
       provisions by reference in the Adopting Order.

   10. The Parties agree that this Consent Decree shall constitute a final
       settlement of the Investigation. In express reliance on the covenants
       and representations contained herein and to avoid the potential
       expenditures of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of these matters
       and in accordance with the terms of this Consent Decree, US Cellular
       agrees to the terms, conditions, and procedures contained herein.

   11. 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 and
       conditions of this Consent Decree shall constitute a violation of a
       Commission order.

   12. The Parties agree that this Consent Decree does not constitute either
       an adjudication on the merits or a federal or legal finding or
       determination regarding any compliance or noncompliance by US Cellular
       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, US Cellular 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 which are the subject of this Consent
       Decree.

   13. US Cellular 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 fourteen thousand dollars ($14,000) within
       thirty (30) days of the Effective Date. The voluntary payment does not
       constitute a fine or penalty for, or an admission of, the violation of
       any law. Such contribution shall be made 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.
       200732100014 and FRN # 0008308199.

   14. To resolve and terminate the Investigation, and to ensure compliance
       with the FCC's environmental rules, US Cellular also agrees to the
       following conditions.

   a. US Cellular will fulfill the conditions specified in the MOA applicable
   to it with respect to the Fries tower and Town of Fries which have been
   agreed to among US Cellular, the Wireless Telecommunications Bureau, and
   the VDHR.

   b. US Cellular will implement on a company wide basis detailed procedures
   to ensure environmental compliance. These procedures may be altered from
   time to time if US Cellular determines that other procedures may better
   enable it to comply with the FCC environmental requirements. US Cellular
   shall notify the Bureau and the Wireless Telecommunications Bureau in
   writing regarding such modifications at least 25 calendar days before they
   take effect and either the Bureau or the Wireless Telecommunications
   Bureau may disapprove such modification within 25 calendar days of their
   receipt of US Cellular's modification.

   c. US Cellular has recently commissioned and made part of its internal
   procedures "A Scope of Work For Compliance With the FCC's Environmental
   Rules" manual. The "Scope of Work" manual describes the FCC's
   environmental requirements and the federal laws and policies that are
   cited in or related to the FCC's environmental rules. It also spells out
   in detail the responsibilities for environmental compliance of US
   Cellular's outside consultants dealing with tower construction and those
   employees within US Cellular who supervise the consultants and the methods
   by which environmental compliance will be assured at each stage of the
   tower construction process. Attached to the Scope of Work manual are
   "checklists" by which responsible US Cellular employees may track
   environmental compliance for each new and collocated tower.

   d. US Cellular will provide annual training to its employees and
   consultants responsible for environmental compliance to ensure that they
   are aware of their responsibilities to ensure compliance with
   environmental requirements by both US Cellular and any consultants it may
   employ. US Cellular's Regulatory Compliance Manager, and such other
   employees and consultants as he considers appropriate , will also complete
   the class on "Section 106 Essentials" given by the Advisory Council on
   Historic Preservation or its equivalent.

   e. US Cellular has recently appointed an experienced Regulatory Compliance
   Manager, who is thoroughly familiar with the FCC's environmental
   requirements. He will monitor and supervise US Cellular's regulatory
   compliance efforts.

   f. US Cellular will submit reports, on an annual basis, to the Enforcement
   Bureau and the Wireless Telecommunications Bureau identifying all of US
   Cellular's Section 106 reviews that were active during the reporting
   period. For each such Section 106 review, US Cellular will specify the
   dates of any FCC Form 620 submission to the State Historic Preservation
   Officer and notification to tribes, local government and the public, as
   well as the resolution or current status of the review.

   15. The Bureau agrees that, in the absence of new material evidence, it
       will not institute, on its own motion or in response to third-party
       objection, any new proceeding, formal or informal, or take any action
       on its own motion against US Cellular for possible past violations of
       the environmental regulations in Part 1 of the Rules that were the
       subject of the Investigation. The Bureau also agrees that, in the
       absence of new material evidence, it will not use the facts developed
       in the Investigation through the Effective Date, or the existence of
       this Consent Decree, to institute on its own motion, or recommend to
       the Commission, any new proceeding, formal or informal, or to take any
       action on its own motion, against US Cellular concerning the matters
       that were the subject of the Investigation. The Bureau further agrees
       that, in the absence of new material evidence, it will not use the
       facts developed in this Investigation through the Effective Date, or
       the existence of this Consent Decree, to institute on its own motion,
       or recommend to the Commission, any proceeding, formal or informal, or
       take any action on its own motion, against US Cellular with respect to
       its basic qualifications, including its character qualifications, to
       be a Commission licensee.

   16. US Cellular 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 Adopting Order, provided the Order adopts this Consent Decree
       without change, addition, or modification.

   17. The Parties agree that if either Party (or the United States on behalf
       of the Commission) brings a judicial action to enforce the terms of
       the Order adopting this Consent Decree, neither US Cellular nor the
       Bureau shall contest the validity of the Consent Decree or the
       Adopting Order, and US Cellular will waive any statutory right to a
       trial de novo regarding the terms or validity of the Consent Decree.
       US Cellular, however, may present evidence that it has not violated
       the Consent Decree.

   18. US Cellular agrees that any material violation of any term 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.  The Parties agree
       that if any provision of the 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 US Cellular does not consent), that provision will be superseded
       by such Commission rule or order.

   19. This Consent Decree cannot be modified without the advance written
       consent of both Parties.

   20. In the event 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.

   21. The Parties agree that the requirements of this Consent Decree shall
       expire two (2) years after the Effective Date.

   22.



   23. The Consent Decree may be signed in counterparts.

   For United States Cellular Corporation:

   ___________ _________________________

   Date Grant B. Spellmeyer

   Director

   External Affairs

   For the Enforcement Bureau:

   ___________ _________________________

   Date Kris Anne Monteith

   Chief, Enforcement Bureau

   47 C.F.R. SS 1.1307, 1.1308, 1.1311 and 1.1312.

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

   47 C.F.R. SS 0.111 and 0.311.

   47 C.F.R. SS 1.1307, 1.1308, 1.1311 and 1.1312.

   On November 22, 2005, the VDHR also sent the Wireless Telecommunications
   Bureau a letter advising that the Fries tower was being constructed
   without completion of the historic review process. See Letter from Kristen
   Hill, Virginia Department of Historic Resources to Ivy Harris, Federal
   Communications Commission, Wireless Telecommunications Bureau (November
   22, 2005). The Wireless Telecommunications Bureau, however, did not
   receive this letter.

   See Letter from Ethel R. Eaton, Manager, Office of Review and Compliance,
   Virginia Department of Historic Resources, to Jeffrey Steinberg, Federal
   Communications Commission, Wireless Telecommunications Bureau, Spectrum
   and Competition Policy Division (May 30, 2006).

   Nationwide Programmatic Agreement Regarding the Section 106 National
   Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd
   1073 (2004), clarified, 20 FCC Rcd 17995 (2005), aff'd, CTIA-The Wireless
   Ass'n. v. FCC, No. 05-1008 (D.C. Cir. September 26, 2006) ("Nationwide
   Programmatic Agreement").

   Letter from Tyler B. Howe, Tribal Historic Preservation Specialist,
   Eastern Band of Cherokee Indians, to M. E. Gibson, Jr., Esq., Tremblay &
   Smith, LLP (November 30, 2006).

   Section 106 of the National Historic Preservation Act ("NHPA"), 16 U.S.C.
   S 470f, requires a federal agency to consider the effects of its federal
   undertakings, including actions that it authorizes or approves, on
   historic properties prior to issuing federal licenses, permits or
   approvals. In considering such effects, the NHPA requires a federal agency
   to consider the views of expert agencies. Specifically, the NHPA requires
   the federal agency to consider the views of the Advisory Council on
   Historic Preservation, the agency tasked with the responsibility for
   implementing the NHPA, the appropriate State Historic Preservation
   Officer, and, if affected historic properties are of religious or cultural
   significance to Indian tribes or Native Hawaiian organizations, their
   representatives. See 16 U.S.C. SS 470a(a)(3), (d)(6)(B), 470f, 470i.
   Consistent with the Advisory Council's regulations, the Commission's
   environmental rules delegate the task of identification and consideration
   of the effects that proposed facilities may have on historic properties to
   its licensees, permittees and applicants, but the Commission remains
   ultimately responsible. See 47 C.F.R. S 1.1307(a)(4); see also 36 C.F.R. S
   800.2(a)(3); Nationwide Programmatic Agreement, 20 FCC Rcd at 1076-77.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-804

   1

   Federal Communications Commission DA 07-804

   6