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Before the
Federal Communications Commission
Washington, D.C. 20554
) File No. EB-05-SE-116
In the Matter of )
) File No. EB-05-SE-116
)
Dobson Cellular Systems, Inc. ) NAL/Acct. No. 200632100010
) FRN # 0001699719
)
American Cellular Corporation ) NAL/Acct. No. 200632100011
) FRN # 0003767324
)
Subsidiaries of Dobson Communications Corp. )
ORDER
Adopted: April 16, 2007 Released: April 25, 2007
By the Commission:
1. In this Order, we adopt the attached Consent Decree entered into
between the Commission and Dobson Cellular Systems, Inc. and American
Cellular Corporation (collectively, "Dobson"). The Consent Decree
terminates an investigation initiated by the Enforcement Bureau
regarding Dobson's compliance with the Enhanced 911 ("E911") Phase I
and Phase II requirements set forth in Section 20.18(d) and (f) of the
Commission's Rules ("Rules"). The Consent Decree also terminates a
Notice of Apparent Liability for Forfeiture ("NAL") issued to Dobson
for apparent violation of the E911 Phase I and Phase II requirements
set forth in Section 20.18(d) and (f).
2. The Commission and Dobson have negotiated the terms of a Consent
Decree that would resolve this matter and terminate the investigation
and NAL. A copy of the Consent Decree is attached hereto and
incorporated by reference.
3. 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 and the NAL. We also conclude that, in
the absence of material new information not previously disclosed to
the Commission, the matters raised in the investigation and the NAL do
not raise any substantial and material questions of fact regarding
Dobson's qualifications to be a Commission licensee.
4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of
the Communications Act of 1934, as amended, that the attached Consent
Decree IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned matters ARE TERMINATED.
6. IT IS FURTHER ORDERED that Dobson 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.
7. 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 Ronald L. Ripley, Senior Vice President and General
Counsel, Dobson Cellular Systems, Inc. and American Cellular
Corporation, 14201 Wireless Way, Oklahoma City, Oklahoma 73134, and to
Lawrence J. Movshin, Esq. and Kenneth D. Patrich, Esq., Wilkinson
Barker Knauer LLP, 2300 N Street, N.W., Suite 700, Washington DC
20037-1128.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
CONSENT DECREE
The Federal Communications Commission ("Commission" or "FCC") and Dobson
Cellular Systems, Inc., and American Cellular Corporation (collectively
"Dobson") hereby enter into this Consent Decree regarding possible
violations of Section 20.18 of the Commission's Rules ("E911 Rules")
regarding Dobson's provision of Enhanced 911 ("E911) service.
I. BACKGROUND
1. On April 14, 2005, the FCC Enforcement Bureau ("Bureau") received an
informal complaint from the 911 State Administrator, Michigan State
Police, on behalf of 14 Michigan Public Safety Answering Points
regarding Dobson's compliance with the E911 Rules. On May 4, 2005, the
Bureau sent a Letter of Inquiry ("LOI") to Dobson addressing the
informal complaint as well as other markets across the country. Dobson
submitted responses on May 24, 2005 and June 23, 2005, and submitted
an update on August 25, 2005.
2. On April 18, 2006, the Commission released a Notice of Apparent
Liability for Forfeiture against Dobson in the amount of Seven Hundred
Fifty Thousand Dollars ($750,000) for apparent violations of Section
20.18 in markets in Michigan and other states.
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 Commission 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) "Dobson" means Dobson Cellular Systems, Inc., and American Cellular
Corporation, their affiliates and any successors and assigns;
(f) "Effective Date" means the date the Adopting Order is released by the
Commission;
(g) "Enforcement Proceeding" means the investigation of alleged violations
of Section 20.18 by Dobson undertaken by the Bureau and culminating in the
Notice of Apparent Liability.
(h) "Notice of Apparent Liability" or "NAL" means Dobson Cellular Systems,
Inc. and American Cellular Corporation, 21 FCC Rcd 4684 (2006);
(i) "Parties" means Dobson and the Commission; and
(j) "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. TERMS OF SETTLEMENT
4. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Commission 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. 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. Dobson acknowledges that the Commission has jurisdiction over the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
8. 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.
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 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,
Dobson does not admit or deny any liability for violating the Rules in
connection with the matters that are the subject of this Consent
Decree.
10. In express reliance on the covenants and representations in this
Consent Decree and to avoid further expenditure of scarce public
resources, the Commission agrees to terminate the Enforcement
Proceeding and cancel the Notice of Apparent Liability at such time as
both Parties sign this Consent Decree and the Commission adopts this
Consent Decree.
11. Dobson has implemented certain administrative and management oversight
changes (including creation and use of a computer database for
tracking E911 Phase I and II implementations) as more fully described
in the Compliance Plan attached hereto. Dobson will continue to track
E911 implementations to facilitate timely E911 deployments. Dobson
reserves the right to modify the attached Compliance Plan as necessary
to better ensure continuing compliance with the Commission's Rules.
Dobson contemporaneously will notify, in writing, the Chief,
Enforcement Bureau, Federal Communications Commission, Washington,
D.C., of any modification to the Compliance Plan. The Commission,
through the Chief, Enforcement Bureau, may disapprove, in writing, any
such modification within 15 calendar days of receipt of Dobson's
notification where it finds that the modification is inconsistent with
the terms of this Consent Decree or the Commission's rules or
policies.
12. The Parties agree that Dobson's obligations under this Consent Decree
will remain in effect for twenty-four (24) months from the Effective
Date.
13. The Parties acknowledge and agree that this Consent Decree shall
constitute a final and binding settlement between Dobson and the
Commission regarding the possible violations of Section 20.18 of the
Rules within the scope of the Enforcement Proceeding. In consideration
for termination by the Commission of the Enforcement Proceeding and
cancellation of the Notice of Apparent Liability and in accordance
with the terms of this Consent Decree, Dobson agrees to the terms set
forth in this Consent Decree.
14. The Commission agrees that it will not institute, on its own motion,
any new proceeding, formal or informal, or take any action on its own
motion, including imposing any forfeiture or other sanction, against
Dobson for possible violations of Section 20.18 of the Rules through
the Effective Date. Nothing in this Consent Decree shall prevent the
Commission from instituting investigations or enforcement proceedings
against Dobson in the event of any other alleged misconduct that
violates this Consent Decree or that violates any provision of the Act
or the Rules.
15. The Parties agree that any provision of this Consent Decree that
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. Dobson agrees that it will make a voluntary contribution to the United
States Treasury in the amount of Seven Hundred Thousand Dollars
($700,000) within 30 calendar days after the Effective Date of the
Adopting Order. Payment must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. Nos. and FRN Nos. 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 Nos. 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 Dobson 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. Dobson 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 Consent Decree.
20. This Consent Decree cannot be modified without the advance written
consent of both Parties except as indicated in paragraph 11.
21. This Consent Decree may be signed in counterparts.
For the Commission:
________________________________
Marlene H. Dortch
Secretary
________________________________
Date
For Dobson Cellular Systems, Inc., and
American Cellular Corporation:
________________________________
Ronald L. Ripley
Senior Vice President and General Counsel
________________________________
Date
COMPLIANCE PLAN
Summary of Dobson Cellular Systems, Inc., and American Cellular
Corporation (collectively "Dobson") Administrative and Management
Oversight Changes
As part of its effort to ensure compliance with the Communications Act of
1934, as amended, and the FCC's rules and regulations, Dobson has
developed, and will continue to implement and oversee, the following
administrative and management oversight changes to its implementation of
E911:
1. Dobson retained a contractor, RaddComm Consulting Services
("RaddComm"), to assist with E911 implementation. Through RaddComm, Dobson
uses a computer database known as the Main Project Tracker to track the
status of all ongoing E911 deployment projects.
2. Dobson's Senior Vice President and Chief Technical Officer (who reports
to the Chief Executive Officer) oversees E911 implementation. He hosts a
weekly senior engineering management meeting to discuss
engineering-related compliance issues. As part of that meeting, he
receives an oral report on E911 processes and projects from the Vice
President of Networks and the Vice President of Engineering. Any
difficulties in meeting upcoming E911 deadlines are brought to the
attention of the Senior Vice President and Chief Technical Officer as part
of this regular meeting. In addition, the Senior Vice President and Chief
Technical Officer weekly receives and reviews a written report regarding
E911 progress, prepared in the form of an update to the most recent
quarterly report filed with the Commission.
3. Dobson's Vice President of Engineering (who reports to the Senior Vice
President and Chief Technical Officer) is integrated into Dobson's E911
implementation processes and participates in weekly E911 Deployment
conference calls held with RaddComm to maintain compliance with E911
deployment goals. He also participates in a separate bi-weekly "punch
list" meeting with RaddComm and other Dobson employees and contractors to
address E911 deployment issues.
47 C.F.R. S 20.18(d) and (f).
Dobson Cellular Systems, Inc. and American Cellular Corporation, 21 FCC
Rcd 4684 (2006).
47 U.S.C. SS 154(i) and 503(b).
47 C.F.R. SS 20.18(d), (f).
Dobson Cellular Systems, Inc. and American Cellular Corporation, 21 FCC
Rcd 4684 (2006).
47 C.F.R. S 1.1914.
Federal Communications Commission FCC 07-54
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Federal Communications Commission FCC 07-54