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                                   Before the

                       Federal Communications Commission

                            Washington, D.C.  20554

     In the Matter of                    )   File No. EB-08-TC-1068      
     Sprint Nextel Corporation           )   NAL/Acct. No. 200832170027  
     Apparent Liability for Forfeiture   )   FRN: 0003769890             


            Adopted: February 19, 2008   Released: February 19, 2008

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Sprint Nextel Corporation ("Sprint Nextel") apparently violated
       section 1.717 of the Commission's rules by failing to respond to two
       (2) informal complaints served on Sprint Nextel by the Consumer &
       Governmental Affairs Bureau ("CGB"). Based upon our review of the
       facts and circumstances surrounding this apparent violation, we find
       that Sprint Nextel is apparently liable for a forfeiture in the amount
       of $4,000.


    2. The Commission's informal complaint process, administered by CGB,
       provides an avenue for consumers to have their complaints and
       inquiries addressed through informal mediation and resolution by CGB
       staff with the carrier. In this connection, CGB serves the informal
       complaint(s) on the carrier and requires the carrier to provide a
       written response within thirty (30) days discussing the satisfaction
       of the complaint or the carrier's refusal or inability to satisfy the
       complaint. Specifically, pursuant to section 1.717:

   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. Where there are clear indications from the carrier's
   report or from other communications with the parties that the complaint
   has been satisfied, the Commission may, in its discretion, consider a
   complaint proceeding to be closed, without response to the complainant. In
   all other cases, the Commission will contact the complainant regarding its
   review and disposition of the matters raised. If the complainant is not
   satisfied by the carrier's response and the Commission's disposition, it
   may file a formal complaint in accordance with S:1.721 of this part.

    3. Pursuant to this process, CGB served on Sprint Nextel one (1) informal
       complaint filed by one (1) consumer. Sprint Nextel, however, has
       failed to respond to the informal complaint referenced herein.

   III. Discussion

          A. Apparent Violation

    4. Under section 503(b)(1) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. Section 312(f)(1) of the Act defines "willful" as "the
       conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both sections 312 and 503(b) of the Act and the
       Commission has so interpreted  the term in the section  503(b)
       context. The Commission also may assess a forfeiture for violations
       that are merely repeated, and not willful.  "Repeated" means that the
       act was committed or omitted more than once, or lasts more than one
       day. To impose such a forfeiture penalty, the Commission must issue a
       notice of apparent liability and the person against whom the notice
       has been issued must have an opportunity to show, in writing, why no
       such forfeiture penalty should be imposed. The Commission will then
       issue a forfeiture if it finds by a preponderance of the evidence that
       the person has willfully or repeatedly violated the Act or a
       Commission order or rule.

    5. Sections 4(i), 4(j), 218, and 403 of the Act afford the Commission
       broad authority to investigate the entities it regulates. Section 4(i)
       authorizes the Commission to "issue such orders, not inconsistent with
       this Act, as may be necessary in the execution of its functions," and
       section 4(j) states that "the Commission may conduct its proceedings
       in such manner as will best conduce to the proper dispatch of business
       and to the ends of justice." Section 218 of the Act specifically
       authorizes the Commission to "obtain from ... carriers ... full and
       complete information necessary to enable the Commission to perform the
       duties and carry out the objects for which it was created." Section
       403 of the Act grants the Commission "full authority and power at any
       time to institute an inquiry, on its own motion ... relating to the
       enforcement of any of the provisions of this Act." Finally, section
       1.717 of the Commission's rules requires the Commission to forward
       informal complaints to the appropriate carriers and requires a written
       response from the carrier within such time as prescribed by the

    6. We find that Sprint Nextel apparently violated section 1.717 of the
       Commission's rules by failing to respond to the above-referenced
       informal complaint served by CGB. Further, the Commission on March 2,
       2007, reminded carriers of the importance of responding to informal
       complaints, and the seriousness of the penalties for failure to do so.
       Nevertheless, Sprint Nextel has not responded to the informal
       complaints referenced herein. We conclude that Sprint Nextel's
       continuing failure to respond to the informal complaint served by CGB
       constitutes an apparent willful and repeated violation of a Commission

     A. Forfeiture Amount

    7. Section 503(b)(1) of the Act provides that any person that willfully
       or repeatedly fails to comply with any provision of the Act or any
       rule, regulation, or order issued by the Commission, shall be liable
       to the United States for a forfeiture penalty. Section 503(b)(2)(B) of
       the Act authorizes the Commission to assess a forfeiture of up to
       $130,000 for each violation or each day of a continuing violation, up
       to a statutory maximum of $1,325,000 for a single act or failure to
       act. Section 1.80 of the Commission's rules and the Commission's
       Forfeiture Policy Statement establish a base forfeiture amount of
       $3,000 for failure to file required forms or information, and $4,000
       for failure to respond to a Commission communication. Sprint Nextel's
       failure to respond warrants the base forfeiture amount of $4,000 for
       each informal complaint, for a proposed forfeiture of $4,000.

    8. Sprint Nextel will have an opportunity to submit further evidence and
       arguments in response to this NAL to show that no forfeiture should be
       imposed or that some lesser amount should be assessed.


    9. We conclude that Sprint Nextel apparently willfully or repeatedly
       violated a Commission rule by failing to provide a written response to
       the Commission in response to one (1) informal complaint. Accordingly,
       a proposed forfeiture is warranted against Sprint Nextel for this
       apparent willful or repeated violation.

   10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, Section 1.80(f)(4) of the
       Commission's rules, and authority delegated by Sections 0.111 and
       0.311 of the Commission's rules, SPRINT NEXTEL CORPORATION IS LIABLE
       FOR A MONETARY FORFEITURE in the amount of four thousand dollars
       ($4,000) for willfully or repeatedly failing to respond to one (1)
       informal complaints served by CGB in violation of section 1.717 of the
       Commission's rules.

   11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty days of the release date of this
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed

   12. Payment of the forfeiture must be made by credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       Account Number and FRN Number referenced above. 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 Federal Reserve Bank
       of New York, and account number 27000001. Requests for full payment
       under an installment plan should be sent to:  Chief Financial Officer
       -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: with
       any questions regarding payment procedures.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by first class mail and certified mail
       return receipt requested to SPRINT NEXTEL CORPORATION, to its address
       of record, attn: Vonya McCann, Sprint Nextel Corporation, 401 9th
       Street, NW, Washington, D.C. 20004.


   Kris A. Monteith

   Chief, Enforcement Bureau


   IC# 07-R333736, served on April 4, 2007

   47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Communications Act of 1934, as amended (the "Act") to
   assess a forfeiture against any person who has "willfully or repeatedly
   failed to comply with any of the provisions of this Act or of any rule,
   regulation, or order issued by the Commission under this Act ...."

   See 47 C.F.R. S: 1.717.

   47 C.F.R. S: 1.717.

   See Appendix.

   47 U.S.C. S: 503(b)(1)(B) and 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, 16 FCC Rcd at 1362, P: 9.

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order,  17 FCC Rcd 7589,
   7591 (2002) ("SBC Forfeiture Order").

   47 U.S.C. S:S: 154(i), (j), 218, & 403.

   47 U.S.C. S: 154(i), (j).

   47 U.S.C. S: 218.

   47 U.S.C. S: 403; see also 47 U.S.C. S: 154(i), (j).

   47 C.F.R. S: 1.717. As noted supra, CGB serves the informal complaint(s)
   on the carrier and requires the carrier to provide a written response
   within thirty (30) days.

   Public Notice, Consumer & Governmental Affairs Bureau Reminds Common
   Carriers of Their Obligation to Timely Respond to Informal Complaints, DA
   07-989 (March 2, 2007).

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(2).

   47 U.S.C. S: 503(b)(2)(B); see also 47 C.F.R. S: 1.80(b)(2); Amendment of
   Section 1.80(b) of the Commission's Rules, Adjustment of Forfeiture Maxima
   to Reflect Inflation,  Order, 19 FCC Rcd 10945 (2004).

   47 C.F.R. S: 1.80; Commission's Forfeiture Policy Statement and Amendment
   of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
   Report and Order, 12 FCC Rcd 17087, 17114 (1997), recon. denied 15 FCC Rcd
   303 (1999).

   47 U.S.C. S: 503(b)(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 1.80(f)(4).

   47 C.F.R. S:S: 0.111, 0.311.

   (...continued from previous page)


   Federal Communications Commission DA 08-417


   Federal Communications Commission DA 08-417