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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                                          
                                                                     
                          )   File Nos.: EB-06-SE-344; EB-06-SE-437  
     In the Matter of                                                
                          )   Acct. No. 200732100001                 
     T-Mobile USA, Inc.                                              
                          )   FRN No. 0004677209                     
                                                                     
                          )                                          


                                     ORDER

   Adopted: January 15, 2009 Released: January 15, 2009

   By the Assistant Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and T-Mobile USA, Inc.
       ("T-Mobile"). The Consent Decree is for the purpose of terminating the
       Bureau's investigation into whether T-Mobile violated section
       1.1307(a)(4) of the Commission's Rules ("Rules") with respect to the
       construction of a wireless communications facilities in Philadelphia,
       Pennsylvania, and Chimayo, New Mexico.

    2. The Bureau and T-Mobile have negotiated the terms of a Consent Decree
       that resolves 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 and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude there are no substantial or material questions of fact as to
       whether T-Mobile 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 section 4(i) of the Act,
       and sections 0.111 and 0.311 of the Rules, the Consent Decree attached
       to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. 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 counsel for T-Mobile, David H. Solomon,
       Esq., Wilkinson Barker Knauer, LLP, 2300 N Street, NW, Suite 700,
       Washington, DC 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   Susan McNeil

   Assistant Chief

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                                          
                                                                     
                          )   File Nos.: EB-06-SE-344; EB-06-SE-437  
     In the Matter of                                                
                          )   Acct. No.: 200732100001                
     T-Mobile USA, Inc.                                              
                          )   FRN No.: 0004677209                    
                                                                     
                          )                                          


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") and T-Mobile USA, Inc. ("T-Mobile"  or
   the "Company"), by their authorized representatives, hereby enter into
   this Consent Decree for the purpose of terminating the Bureau's
   investigation into whether T-Mobile violated the historic preservation
   regulations set forth in section 1.1307(a)(4) of the Commission's Rules
   and any related rules with respect to the construction of wireless
   communications facilities in Philadelphia, Pennsylvania, and Chimayo, New
   Mexico.

   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. "Adopting Order" means an Order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    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 nine.

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

    g. "Investigations" means the investigations initiated by the Bureau into
       whether
       T-Mobile violated the historic preservation regulations set forth in
       section 1.1307(a)(4) of the Commission's Rules and any related rules
       with respect to the construction of wireless communications facilities
       in Philadelphia, Pennsylvania (EB-06-SE-344), and Chimayo, New Mexico
       (EB-06-SE-437).

    h. "Notice of Apparent Liability" or "NAL" means the Notice of Apparent
       Liability for Forfeiture issued against T-Mobile Northeast, L.L.C. on
       October 19, 2006.
       T-Mobile Northeast, L.L.C., 21 FCC Rcd 11799 (EB 2006).

    i. "Parties" means T-Mobile and the Bureau.

    j. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    k. "T-Mobile" means T-Mobile USA, Inc., and its subsidiaries, affiliates,
       predecessors-in-interest and successors-in-interest.

   II. BACKGROUND

    2. Section 1.1307(a)(4) of the Rules requires licensees to consider
       whether their proposed facilities would affect properties listed or
       eligible for listing ("historic properties") in the National Register
       of Historic Places ("National Register"). In considering potential
       effects on historic properties, section 1.1307(a)(4) requires
       licensees to follow the prescribed procedures established by the
       Programmatic Agreements for collocated antennas and for historic
       preservation review. The Collocation and Nationwide Agreements are
       designed to tailor and streamline the review and consultation
       procedures required by the National Historic Preservation Act of 1966,
       as amended ("NHPA"), and the implementing regulations issued by the
       Advisory Council on Historic Preservation ("Advisory Council").

    3. On October 19, 2006, the Enforcement Bureau issued the Notice of
       Apparent Liability against T-Mobile with respect to T-Mobile's
       compliance with section 1.1307(a)(4) of the Commission's Rules
       regarding collocation of antennas onto the roof of property in
       Philadelphia, Pennsylvania. The NAL noted that T-Mobile voluntarily
       disclosed this matter to Commission staff and took prompt efforts to
       address historic preservation concerns by consulting with the
       Pennsylvania State Historic Preservation Officer ("SHPO"), which
       determined that T-Mobile's facility "would have no effect on historic
       properties."

    4. The Bureau also has been investigating T-Mobile's compliance with
       section 1.1307(a)(4) of the Commission's rules regarding construction
       and operation of telecommunications facilities in Chimayo, New Mexico.
       The Commission's Wireless Telecommunications Bureau has found that

   T-Mobile's tower in Chimayo has an adverse effect on historic properties.
   The Wireless Telecommunications Bureau also has found, in connection with
   the Chimayo investigation, that

   T-Mobile's "inadvertent errors and admissions do not establish an
   intentional avoidance of NHPA review or an intentional adverse effect on a
   historic property in contravention of Section 110(k)" of the NHPA.
   T-Mobile has been actively consulting with Commission staff and the New
   Mexico SHPO to address the effects of the Chimayo tower.

   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. T-Mobile 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 Bureau 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 Investigations. 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
       investigations without any findings of liability on the part of
       T-Mobile and to cancel the NAL. In consideration for the termination
       of said investigations, T-Mobile 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 these investigations through the Effective Date of the
       Consent Decree, or the existence of this Consent Decree, to institute,
       on its own motion (or recommend to the Commission) any new enforcement
       proceeding, formal or informal, or take any action on its own motion
       against T-Mobile concerning the matters that were the subject of the
       investigations. The Bureau also agrees that it will not use the facts
       developed in the investigations through the Effective Date of this
       Consent Decree, 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 (or recommend
       to the Commission any action) against T-Mobile with respect to
       T-Mobile's basic qualifications, including its character
       qualifications, to be a Commission licensee or authorized common
       carrier or hold Commission authorizations.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein,  T-Mobile  agrees to create within  30  days  of the Effective
       Date of this Consent Decree  and maintain a Compliance Plan related to
       future compliance with the historic preservation requirements of the
       Act, the Commission's Rules, and the Commission's Orders. The Plan
       will include, at a minimum, the following components:

    a. Compliance Team. T-Mobile shall appoint a two-person team that will be
       responsible for implementation of this Compliance Plan. This team
       shall be thoroughly familiar with the FCC's environmental
       requirements, including the Collocation Agreement and the historic
       preservation review process under the Nationwide Agreement. T-Mobile
       shall provide those persons' identities and contact information to the
       FCC and ensure that this information is kept current.

    b. Compliance Procedures. T-Mobile will periodically review, at least
       once during the first twelve months after the Effective Date and once
       during the second twelve months after the Effective Date, the
       Company's written policies and procedures governing its compliance
       with the Commission's historic preservation requirements, and will
       make any changes to such policies and procedures, as appropriate, to
       assist in compliance with the Act, the Commission's Rules and the
       Commission's Orders. These policies and procedures shall spell out in
       detail the historic preservation compliance responsibilities of
       T-Mobile's outside consultants dealing with wireless facilities
       construction and of those employees within T-Mobile who supervise
       those consultants, as well as the methods by which historic
       preservation compliance will be assured at each stage of the
       pre-construction and construction process. As part of these
       procedures, to better ensure the completeness and accuracy of its
       submissions, for those states where the SHPO is participating,
       T-Mobile will encourage its consultants to use the FCC's Electronic
       Section 106 Filing System ("E-Section 106 System") for submitting
       materials to the State Historic Preservation Officers. T-Mobile shall
       provide an executive summary of its written policies and procedures to
       the Bureau and the Wireless Telecommunications Bureau within 30 days
       of the Effective Date of this Consent Decree.

    c. Compliance Training. T-Mobile will periodically conduct, at least once
       during the first twelve months after the Effective Date and once
       during the second twelve months after the Effective Date, training for
       key T-Mobile personnel and consultants who have responsibility for and
       involvement in communications tower and antenna siting with regard to
       T-Mobile's policies and procedures governing compliance with the FCC's
       historic preservation rules and those rules themselves. Relevant new
       employees and consultants will also be trained within 90 days of their
       employment. The training program shall include detailed information
       concerning the Section 106 process, including the FCC Form 620 and
       Form 621 Submission Packets and the Tower Construction Notification
       System.

    d. FCC Monitoring. T-Mobile will monitor FCC developments and decisions
       and modify its historic preservation compliance policies as
       appropriate. T-Mobile will continue reasonably to cooperate with the
       FCC regarding the accuracy of T-Mobile's submittals for tower
       construction and collocation.

    e. Good Faith Consultation Efforts. T-Mobile will continue to consult in
       good faith with the Wireless Telecommunications Bureau and the New
       Mexico SHPO regarding the Chimayo, New Mexico site referenced in
       paragraph four above.

    f. Compliance Reports. T-Mobile will file compliance reports with the
       Commission ninety days, twelve months, and twenty four months after
       the Effective Date of the Order adopting this Consent Decree. Each
       compliance report shall include a compliance certificate from an
       official (Vice President or higher), as an agent of T-Mobile, stating
       that the official has personal knowledge that T-Mobile has complied
       with the terms of the Compliance Plan set forth in this paragraph,
       together with an accompanying statement explaining the basis for the
       official's compliance certification. All compliance reports shall be
       submitted to the Chief, Spectrum Enforcement Division, Enforcement
       Bureau, Federal Communications Commission, 445 12th Street, S.W.,
       Washington, D.C. 20554. All reports shall also be submitted
       electronically to Jacqueline Ellington, Esq. at
       Jackie.Ellington@fcc.gov and to JoAnn Lucanik, Esq. at
       JoAnn.Lucanik@fcc.gov.

    g. Termination Date. Unless stated otherwise,  the requirements of this
       paragraph will expire twenty four months from 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 T-Mobile 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 T-Mobile with the Act, the rules, or
       Commission Orders.

   10. Voluntary Contribution. T-Mobile agrees that it will make a voluntary
   contribution to the United States Treasury in the amount of twenty-five
   thousand dollars ($25,000.00). The payment will be made within 30 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 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 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 Account
   Number in block number 23A (call sign/other ID), and enter the letters
   "FORF" in block number 24A (payment type code). T-Mobile shall also send
   electronic notification on the date said payment is made to Jacqueline
   Ellington, Esq. at Jackie.Ellington@fcc.gov and JoAnn Lucanik, Esq. at
   JoAnn.Lucanik@fcc.gov.

   11. Waivers. T-Mobile 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 Bureau issues an Adopting Order adopting the
   Consent Decree without change, addition, modification, or deletion.
   T-Mobile 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 T-Mobile nor the
   Commission shall contest the validity of the Consent Decree or the
   Adopting Order, and T-Mobile shall waive any statutory right to a trial de
   novo. T-Mobile 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.

   12. Invalidity. In the event that this Consent Decree 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.

   13. 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 T-Mobile does not expressly consent) that
   provision will be superseded by such Commission rule or Order.

   14. Successors and Assigns. T-Mobile agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   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.

   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.


         _______________________________      
                                              
         Susan McNeil                         
                                              
         Assistant Chief                      
                                              
         Enforcement Bureau                   
                                              
         ________________________________     
                                              
         Date                                 
                                              
         ________________________________     
                                              
         Kathleen O'Brien Ham                 
                                              
         Vice President, Federal Regulatory   
                                              
         T-Mobile USA, Inc.                   
                                              
         ________________________________     
                                              
         Date                                 


       47 U.S.C. S: 302a(b).

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

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

       47 C.F.R. S: 1.1307(a)(4).

       See Wireless Telecommunications Bureau Announces Execution of
       Programmatic Agreement with respect to Collocating Wireless Antennas
       on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001),
       recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement").

       See Nationwide Programmatic Agreement Regarding the Section 106
       National Historic Preservation Act Review Process, Report and Order,
       WT Docket No. 03-128, 20 FCC Rcd 1073 (2004), clarified, 20 FCC Rcd
       17995 (2005), aff'd sub nom. CTIA-The Wireless Ass'n. v. FCC, 466 F.3d
       105 (D.C. Cir. 2006) ("Nationwide Agreement").

       Section 1.1307(a)(4) of the Rules incorporates by reference the
       Collocation Agreement and the Nationwide Agreement.

       16 U.S.C. S: 470 et seq. The NHPA requires that a federal agency
       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. See 16 U.S.C. S:S:
       470f, 470w(7). In considering such effects, the NHPA further requires
       the 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. S:S: 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 for enforcement of the environmental rules. See
       47 C.F.R. S: 1.1307(a)(4); see also 36 C.F.R. S: 800.2(a)(3);
       Nationwide Agreement, 20 FCC Rcd at 1076-77 P: 5.

       See 36 C.F.R. S: 800.1 et seq. Under the NHPA and the Advisory
       Council's implementing regulations, a federal agency may, with the
       agreement of the Advisory Council and the relevant State Historic
       Preservation Officer or the National Conference of State Historic
       Preservation Officers, adopt Programmatic Agreements to tailor the
       historic preservation review and consultation procedures, as well as
       exempt actions that are unlikely to affect historic properties. See 16
       U.S.C. S: 470v; 36 C.F.R. S: 800.14(b), (c).

       See Letter from Andres MacDonald, Chief, Division of Preservation
       Services, Pennsylvania Historical and Museum Commission to Stephen W.
       Tull, URS Corporation (May 10, 2006).

       See E-mail from Jeffrey S. Steinberg, Deputy Chief, Spectrum and
       Competition Policy Division, Wireless Telecommunications Bureau, to
       Katherine Slick, New Mexico State Historic Preservation Officer, et
       al. (Nov. 5, 2008).

       See Letter from Jeffrey S. Steinberg, Deputy Chief, Spectrum and
       Competition Policy Division, Wireless Telecommunications Bureau, to
       Charlene Dwin Vaughn, AICP, Assistant Director, Office of Federal
       Programs, Federal Permitting, Licensing, and Assistance, Advisory
       Council on Historic Preservation (Oct. 3, 2008).

       Federal Communications Commission DA 09-36

       2

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       Federal Communications Commission DA 09-36

       Federal Communications Commission DA 09-36

       2

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       Federal Communications Commission DA 09-36