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-08-TC-1062
Alltel Communications, LLC ) NAL/Acct. No. 200832170024
d/b/a Alltel Wireless ) FRN: 0003803483
)
ORDER
Adopted: November 26, 2008 Released: November 28, 2008
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau of the Federal Communications
Commission ("Bureau") and Alltel Communications, LLC d/b/a Alltel
Wireless ("Alltel"). The Consent Decree terminates an investigation
and Notice of Apparent Liability for Forfeiture ("NAL") by the Bureau
against Alltel for possible violations of section 1.717 of the
Commission's rules regarding Alltel's apparent failure to timely
respond to informal consumer complaints.
2. The Bureau and Alltel have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree, which terminates the investigation and
cancels the NAL.
4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and sections 0.111 and
0.311 of the Commission's Rules, the Consent Decree attached to this
Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned proceeding is
TERMINATED and the Notice of Apparent Liability for Forfeiture IS
CANCELLED.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-08-TC-1062
Alltel Communications, LLC ) NAL/Acct. No. 200832170024
d/b/a Alltel Wireless ) FRN: 0003803483
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Alltel Communications, LLC d/b/a
Alltel Wireless ("Alltel" or the "Company"), by their authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau's investigation and Notice of Apparent
Liability for Forfeiture ("NAL") by the Bureau against Alltel for possible
violations of section 1.717 of the Commission's rules regarding Alltel's
apparent failure to timely respond to informal consumer complaints.
I. DEFINITIONS
1. 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.
S: 151 et seq.
b. "Alltel" means Alltel Communications, LLC d/b/a Alltel Wireless.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 9.
f. "Effective Date" means the date on which the Commission releases the
Adopting Order.
g. "Investigation" means the investigation commenced by the Bureau's
March 19, 2008 Letter of Inquiry ("LOI") regarding whether Alltel
violated section 1.717 of the Commission's Rules by failing to timely
file responses to informal complaints served upon Alltel by the
Consumer and Government Affairs Bureau.
h. "NAL" means Notice of Apparent Liability for Forfeiture, DA 08-427
(February 19, 2008).
i. "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms of this Consent Decree without change, addition, deletion, or
modification.
j. "Parties" means Alltel and the Bureau.
k. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
2. Pursuant to section 1.717 of the Commission's Rules, "the Commission
will forward informal complaints to the appropriate carrier for
investigation. The carrier will, within such time as may be
prescribed, advise the Commission in writing, with a copy to the
complainant, of its satisfaction of the complaint or of its refusal or
inability to do so."
3. On February 19, 2008, the Bureau issued a Notice of Apparent Liability
for Forfeiture ("NAL") proposing Alltel be held liable for a
forfeiture of $16,000 under section 503(b)(1)(B) of the Act, and
ordered the Company either to pay the proposed forfeiture or file a
written response within thirty (30) days of the NAL release date
stating why the proposed forfeiture should be reduced or canceled.
4. On March 19, 2008, the Bureau issued a letter of inquiry (LOI) to
Alltel. The March 19, 2008 LOI directed Alltel, among other things, to
submit a sworn written response to a series of questions relating to
the alleged failures of Alltel to respond to informal complaints.
Alltel responded to the LOI on April 14, 2008.
III. TERMS OF AGREEMENT
5. Adopting Order. 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
without change, addition, modification, or deletion.
6. Jurisdiction. Alltel agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and has the authority
to enter into and adopt this Consent Decree.
7. Effective Date: Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation and to cancel its NAL. In consideration for the
termination of said investigation and cancellation of the NAL, Alltel
agrees to the terms, conditions, and procedures contained herein. The
Bureau further agrees that in the absence of new material evidence,
the Bureau, will not use the facts developed in this investigation
through the Effective Date of the Consent Decree, or the existence of
this Consent Decree, to institute, on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against Alltel concerning Alltel's alleged failure to timely respond
as required by Section 1.717 of the Commission's rules to the informal
complaints that were the subject of the investigation or the NAL. The
Bureau also agrees that it will not use the facts developed in this
investigation or the NAL to institute on its own motion any
proceeding, formal or informal, or take any action on its own motion
against Alltel concerning any alleged failure by Alltel to timely
respond to any informal complaint as required by Section 1.717 of the
Commission's rules served on Alltel by the Commission prior to the
Effective Date of this Consent Decree. The Bureau also agrees that it
will not use the facts developed in this investigation through the
Effective Date of this Consent Decree, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against Alltel with
respect to Alltel's basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common
carrier.
9. Compliance Plan. For purposes of settling the matters set forth
herein, Alltel agrees to create within 30 calendar days a Compliance
Plan related to future compliance with Section 1.717 of the
Commission's Rules and related Commission Orders. The Plan will
include, at a minimum, the following components:
a. Designated Contact/Accept Electronic Service. Alltel will designate a
Director level manager to oversee Alltel's informal complaint
process, to ensure timely responses to all informal complaints, and
to ensure compliance with the Compliance Plan. Alltel will designate
a Distribution Coordinator to receive informal complaints from the
Commission on a daily basis and monitor the Commission's web site
(https://esupport.fcc.gov/serve2000) on a daily basis. At a minimum,
informal complaints will be logged as received, docketed for response
deadlines, and assigned for research and response by the Distribution
Coordinator to Alltel executive complaint staff. Alltel's Compliance
Plan will require it to respond timely to each complaint served upon
it by the Commission, even where duplicative service may have been
effected.
b. Training Program. Alltel will implement and maintain a training
program for all employees whose responsibilities include responding
to informal complaints. The training program is ongoing and will
include appropriate reference materials and at least quarterly
meetings and/or training sessions regarding FCC informal complaints
and responses thereto.
c. Informal Complaints Database/Checklist. Alltel shall maintain a data
base of informal complaints and responses by customer name and FCC
User Complaint Number, as well as all copies of informal complaints
and responses thereto. Alltel shall also maintain a check list for
each informal complaint served to ensure timely routing and responses
to all informal complaints.
d. Audits. Alltel will conduct regular and random audits on at least a
bi-monthly basis regarding its informal complaints database, its
ability to meet response deadlines, and to verify the timely response
to all informal complaints served by the Commission.
e. Reporting Non-Compliance. Alltel shall report any non-compliance
with the Compliance Plan to the Bureau within thirty (30) days after
the discovery of non-compliance. In such cases, Alltel shall
simultaneously respond to the underlying complaint or provide an
explanation of its failure to do so. Alltel shall certify at the end
of the two (2) year term that it is in compliance with the terms of
the Plan. Such certification must be mailed within fifteen (15) days
after the two-year anniversary of the Effective Date of this Consent
Decree to the Chief, Telecommunications Consumers Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W. Room 4-C244, Washington, D.C. 20554, and must include
the file number listed above. Alltel will also send an electronic
copy of its certification to other Telecommunications Consumers
Division staff as directed by the Division Chief.
f. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twenty four (24) months after the
Effective Date.
10. Section 208 Complaints: Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to section 208 of the Act
against Alltel or its affiliates for alleged violations of the Act, or
for any other type of alleged misconduct, regardless of when such
misconduct took place. The Commission's adjudication of any such
complaint will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by Alltel of the Act, the Rules, or the
Order.
11. Voluntary Contribution. Alltel agrees that it will make a voluntary
contribution to the United States Treasury in the amount of twenty
thousand dollars ($20,000). The payment will be made within thirty
(30) calendar days after the Effective Date of the Adopting Order. The
payment must be made by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment must
include the NAL/Account Number and FRN Number referenced in the
caption to the Adopting Order. Payment by check or money order may be
mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment[s] by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Alltel will also send electronic notification on the date said payment
is made to leon.jackler@fcc.gov.
12. Waivers. Alltel 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, provided the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. Alltel shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. 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 Alltel nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Alltel shall
waive any statutory right to a trial de novo. Alltel hereby agrees to
waive any claims it may otherwise have under 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.
13. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly. In the
event that this Consent Decree in its entirety is rendered invalid by
any court of competent jurisdiction, it shall become null and void and
may not be used in any manner in any legal proceeding.
14. Subsequent Rule or 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 Alltel does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
15. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further 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 with the
requirements of the Act or the Commission's Rules and Orders. The
Parties agree that this Consent Decree is for settlement purposes only
and that by agreeing to this Consent Decree, Alltel does not admit or
deny noncompliance, violation or liability for violating the Act,
Commission's Rules or Orders in connection with the matters that are
the subject of this Consent Decree.
16. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
17. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
18. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
19. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
________________________________ Glenn S. Rabin
Kris Anne Monteith Federal Communications Counsel,
Alltel,
Chief, Enforcement Bureau
601 Pennsylvania Avenue, NW, Suite
________________________________ 720, Washington D.C. 20004.
Date ________________________________
Date
Notice of Apparent Liability for Forfeiture, DA 08-427 (February 29, 2008)
and Letter from Leon Jackler, Special Counsel, Telecommunications
Consumers Division, Enforcement Bureau, to Mr. Glenn Rabin, Counsel for
Alltel (March 19, 2008).
47 U.S.C. S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
Notice of Apparent Liability for Forfeiture, DA 08-427 (February 29,
2008).
Letter from Leon Jackler, Special Counsel, Telecommunications Consumers
Division, Enforcement Bureau to Mr. Glenn Rabin, Counsel for Alltel
Communications (March 19, 2008) ("March, 19, 2008 LOI").
47 C.F.R. 1.717
47 C.F.R. 1.717.
See 23 FCC Rcd. 2723.
See March 19, 2008 LOI.
See April 14, 2008 LOI response.
Federal Communications Commission DA 08-2506
2
Federal Communications Commission DA 08-2506