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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-09-TC-458
Verizon Wireless ) Account No. 201132170001
Data Usage Charges ) FRN No. 0019212406
)
ORDER
Adopted: October 28, 2010 Released: October 28, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission ("Commission") and Cellco Partnership d/b/a
Verizon Wireless ("Verizon Wireless"). The Consent Decree terminates
an investigation against Verizon Wireless for possible violations of
Section 201(b) of the Communications Act of 1934, as amended, 47
U.S.C. S: 201(b), and Section 64.2401 of the Commission's rules, 47
C.F.R. S: 64.2401.
2. The Bureau and Verizon Wireless 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 referenced
investigation.
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 Verizon Wireless possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the
authority delegated by sections 0.111 and 0.311 of the Commission's
rules, 47 C.F.R. S:S: 0.111 and 0.311, that 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 Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Verizon Wireless, 1300 I Street, NW, Suite 400,
Washington, DC 20005, and to David Solomon, Esq., counsel for Verizon
Wireless, Wilkinson Barker Knauer, LLP, 2300 N Street, NW, Suite 700,
Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission DA 10-2068
2
Federal Communications Commission DA 10-2068