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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-TC-1066
In the Matter of
) NAL/Acct. No. 200832170025
AT&T Inc.
) FRN: 0007748817
)
ORDER
Adopted: December 19, 2008 Released: December 22, 2008
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and AT&T Inc ("AT&T"). The
Consent Decree cancels a Notice of Apparent Liability for Forfeiture
("NAL") and terminates a subsequent investigation by the Bureau
against AT&T for possible violations of section 1.717 of the
Commission's rules regarding AT&T's failure to respond to informal
consumer complaints.
2. The Bureau and AT&T have negotiated the terms of the Consent Decree
that resolve these matters. 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. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether AT&T possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. 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.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED and the Notice of Apparent Liability for Forfeiture IS
CANCELLED.
7. IT IS FURTHER ORDERED that AT&T shall make its voluntary contribution
to the United States Treasury, as specified in the Consent Decree, by
mailing a check or similar instrument payable to the order of the
Federal Communications Commission, 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 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). AT&T Inc. will also send electronic notification
on the date said payment is made to Leon.Jackler@fcc.gov.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class certified mail, return receipt requested,
to Anisa Latif, AT&T, Inc., 1120 20th Street, NW, Suite 1000,
Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-TC-1066
In the Matter of
) NAL/Acct. No. 200832170025
AT&T Inc.
) FRN: 0007748817
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and AT&T Inc. ("AT&T" 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 AT&T for possible violations of section 1.717 of the
Commission's rules regarding AT&T's failure to 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. "AT&T" means AT&T Inc. and any affiliate, d/b/a,
predecessor-in-interest, parent companies and any direct or indirect
subsidiaries of such parent companies, or other affiliated companies
or businesses and their successors and assigns.
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 10.
f. "Effective Date" means the date on which the Commission releases the
Adopting Order.
g. "Investigation" means the investigation initiated by the Bureau
regarding whether AT&T violated of section 1.717 of the Commission's
rules regarding AT&T's failure to respond to informal consumer
complaints.
h. "NAL" means Notice of Apparent Liability for Forfeiture DA 08-428
(February 19, 2008).
i. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
j. "Operating Companies" means the telecommunications carrier affiliates
of AT&T Inc.
k. "Parties" means AT&T and the Bureau.
l. "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") against AT&T for apparent violations of section
1.717 of the Commission's rules and proposing that AT&T be held liable
for a forfeiture of ninety-six thousand dollars ($96,000) under
section 503(b)(1)(B) of the Act. The NAL 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. Subsequently, on March 5, 2008 the Bureau commenced an investigation
of possible additional violations of Section 1.717 of the Commission's
rules by AT&T.
5. On September 5, 2008, AT&T filed its response to the NAL.
III. TERMS OF AGREEMENT
6. 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.
7. Jurisdiction. AT&T 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.
8. 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.
9. 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, AT&T
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 or
the NAL 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 AT&T concerning AT&T'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 and 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 AT&T concerning any alleged failure by AT&T to timely respond
to any informal complaint as required by Section 1.717 of the
Commission's rules served on AT&T 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 or the NAL
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 AT&T
with respect to AT&T's basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common
carrier.
10. Compliance Plan. Within 30 calendar days of the Effective Date , AT&T
agrees to implement a Compliance Plan that includes, at a minimum, the
following components:
a. Designated Contact. AT&T will designate a Director level manager to
oversee its Operating Companies informal complaint processes, to
ensure timely responses to all informal complaints served by the
Commission pursuant to section 1.717 of the Commission rules, and to
ensure compliance with the Compliance Plan.
b. Electronic Service of Complaints. AT&T will designate a single
informal complaints system for all informal complaints received
electronically from the Commission relating to an Operating Company.
AT&T will submit all responses thereto for the Operating Companies to
the Commission via that system.
c. Training Program. AT&T shall provide annual informal complaint
training to all employees responsible for coordinating responses to
FCC informal complaints.
d. Review. AT&T will review a sample of informal complaints on at least
a bi-annual basis to verify that a timely response was submitted to
the Commission.
e. Reporting. AT&T shall report any failure to respond to an informal
complaint to the Bureau within thirty (30) days after the discovery
of the failure. In such cases, AT&T shall simultaneously respond to
the underlying complaint or provide an explanation of its failure to
do so. AT&T 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. AT&T 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.
11. Section 208 Complaints: Subsequent Investigations. Except as set forth
in Paragraph 9 of this Consent Decree, 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 AT&T 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 AT&T of the Act, the rules, or the Order.
12. Voluntary Contribution. AT&T agrees that it will make a voluntary
contribution to the United States Treasury in the amount of six
thousand dollars ($6,000.00). 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). AT&T
will also send electronic notification on the date said payment is
made to Leon.Jackler@fcc.gov.
13. Waivers. AT&T 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. AT&T 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 AT&T nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and AT&T shall
waive any statutory right to a trial de novo. AT&T 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.
14. 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.
15. 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 AT&T does not expressly consent)
that provision will be superseded by such Commission rule or Order.
16. Successors and Assigns. AT&T agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
17. 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, AT&T 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.
18. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
19. 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.
20. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
21. 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.
________________________________
Kris Anne Monteith
Chief
Enforcement Bureau
________________________________
Date
________________________________
Gary Phillips
General Attorney, Associate General Counsel
AT&T Inc.
________________________________
Date
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 08-428 (February 19,
2008).
47 C.F.R. 1.717.
47 C.F.R. 1.717.
Notice of Apparent Liability for Forfeiture, DA 08-428 (February 19,
2008).
In its response, AT&T asserted that had timely responded to all the
informal complaints referenced in the NAL.
Federal Communications Commission DA 08-2729
1
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Federal Communications Commission DA 08-2729