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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: EB-11-IH-1351
)
Cellco Partnership d/b/a Verizon Acct. No.: 201232080028
Wireless )
FRN: 0003735230
)
)
ORDER
Adopted: July 31, 2012 Released: July 31, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the
Enforcement Bureau (Bureau) and Cellco Partnership d/b/a Verizon
Wireless (Verizon Wireless). The Consent Decree terminates an
investigation by the Bureau against Verizon Wireless for possible
violations of Section 27.16 of the Commission's rules and the 700 MHz
Second Report and Order.
2. A copy of the Consent Decree negotiated by the Bureau and Verizon
Wireless is attached hereto and incorporated herein 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 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 that, pursuant to Sections 4(i) and 503(b)
of the Act, 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.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by certified mail, return receipt requested, to William
B. Petersen, Verizon Wireless, One Verizon Way, Basking Ridge, NJ
07920.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: EB-11-IH-1351
)
Cellco Partnership d/b/a Verizon Acct. No.: 201232080028
Wireless )
FRN: 0003735230
)
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Cellco
Partnership d/b/a Verizon Wireless, by their respective authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau's investigation into possible
violations of Section 27.16 of the Commission's rules and the 700 MHz
Order.1
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: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. "Application" means an electronic program capable of operation on a
wireless device connected to the C-Block network.
a. "Application Store" means an online marketplace accessible by an
Internet access service using the C-Block Network through which users
can access and download Applications on their devices for their
personal use. This does not include Application Stores owned or
operated by Verizon Wireless.
b. "Application Store Communications" means communications by Verizon
Wireless with Application Store Operators regarding whether
Third-Party Applications should be made unavailable within that
Application Store to Verizon Wireless customers using the C-Block
Network.
c. "Application Store Operator" means a person or entity other than
Verizon Wireless that operates an Application Store.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "C-Block Network" means a network operating within Block C in the
746-757 and 776-787 MHz bands.
f. "C-Block Rules" means Section 27.16 of the Rules and pertinent
provisions of the Commission's 700 MHz Order governing the network
access requirements for Block C in the 746-757 and 776-287 MHz bands.
g. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
h. "Communications Laws" means, collectively, the Act, the Rules, and
the published and promulgated orders and decisions of the Commission
to which Verizon Wireless is subject by virtue of its business
activities, including but not limited to, the C-Block Rules.
i. "Compliance Plan" means the compliance obligations and compliance
program described in this Consent Decree at paragraph 11.
j. "Covered Employees" means all employees and agents of Verizon
Wireless or supervisors of such employees or agents, who interact
with Application Store Operators or Application developers in
relation to the availability of Third Party Applications on the
C-Block Network or who set policies with respect to such availability
as part of their job responsibilities at Verizon Wireless, including,
but not limited to, employees and agents who communicate with
Application Store Operators or might reasonably be expected to
undertake Application Store Communications as part of their job
responsibilities at Verizon Wireless.
k. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
l. "Investigation" means the investigation commenced by the Bureau's
October 12, 2011 letter of inquiry in File No. EB-11-H-1351
pertaining to possible violations of the C-Block Rules.
d. "Operating Procedures" means the internal operating procedures and
compliance policies established by Verizon Wireless to implement the
Compliance Plan.
e. "Parties" means Verizon Wireless and the Bureau, each of which is a
"Party."
f. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
g. "Tethering" means using a basic wireless phone or smartphone as a
modem to obtain network access and data usage for or more other
devices, such as a laptop computer, desktop computer, or tablet
device.
m. "Third-Party Application" means an Application that has been
developed and distributed and/or offered to consumers in an
Application Store by a party other than Verizon Wireless.
n. "Verizon Wireless" or "Company" means Cellco Partnership d/b/a
Verizon Wireless, and each of its subsidiaries offering commercial
mobile radio service.
II. BACKGROUND
2. The C-Block rules provide that C-Block licensees shall not deny, limit
or restrict the ability of their customers to use the devices and
Applications of their choice on the licensee's C-Block network, with
certain exceptions.3
3. Verizon Wireless holds a license to operate its network on the
C-Block. It launched its 4G LTE service using this spectrum on
December 5, 2010. As required by the C-Block rules, Verizon Wireless
has published technical standards and established a certification
procedure for third parties to use in developing devices that will
operate on the C-Block Network. Verizon Wireless has also published
guidelines for Application developers that describe best practices for
developing Applications that will operate on the C-Block Network.
4. Verizon Wireless's customer agreements in place in 2011 required that
subscribers, both those on unlimited data plans and those on
usage-based plans, pay an additional monthly fee if they tethered
additional devices to their smartphones. Verizon Wireless referred to
this feature as Mobile Broadband Connect. In April 2011, Verizon
Wireless asked an Application Store Operator to filter from its
Application Store eleven tethering Applications that customers could
use to tether without paying Verizon Wireless's monthly tethering fee.
The Application Store Operator subsequently filtered those
Applications so that Verizon Wireless customers could no longer access
them through the Application Store.
5. On October 12, 2011, the Bureau issued a letter of inquiry (LOI) to
Verizon Wireless.4 The LOI directed Verizon Wireless to respond to a
series of questions regarding the availability of Third-Party
Applications on the C-Block Network, and specifically inquired about
Verizon Wireless's request to filter the tethering Applications and
the requirement that all customers pay an additional fee in order to
use a tethering Application. Verizon Wireless responded to the LOI on
November 10, 2011.5 The Bureau sought additional information on
December 1, 2011, to which Verizon Wireless responded on December 15,
2011.6 Verizon Wireless filed supplemental information on February 2,
2012.
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.
7. Jurisdiction. Verizon Wireless agrees that the Bureau has jurisdiction
over it and the matters contained in this Consent Decree and that the
Bureau 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 Effective Date as defined herein.
As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission 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 the
Investigation. In consideration for the termination of the
Investigation, Verizon Wireless 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 the Investigation through the Effective Date, 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 Verizon Wireless concerning the matters that were the
subject of the Investigation. The Bureau also agrees that in the
absence of new material evidence it will not use the facts developed
in the Investigation through the Effective Date, 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
Verizon Wireless with respect to Verizon Wireless's basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
10. Compliance Plan. For purposes of resolving the matters set forth
herein and based on the facts and circumstances presented in this
case, the Parties agree to the following compliance provisions.
Specifically, Verizon Wireless: (i) agrees to implement within thirty
(30) calendar days after the Effective Date a Compliance Plan relating
to its future compliance with the C-Block rules, including the rules
governing the availability and use of Third-party Applications,
including Tethering Applications, by customers using Verizon
Wireless's C-Block Network; and (ii) represents that it has one or
more management employees in each of its business units who has
responsibility for compliance with each of the Communications Laws
that are relevant to its operations, that there are at least twenty
(20) such management employees, and that, collectively, these
management employees exercise responsibility for the Company's
compliance with all of the Communications Laws that are relevant to
the operations of the Company. The Company agrees that it will either
maintain this compliance structure, or, if it makes changes, shall
ensure that it maintains equivalent management oversight over
compliance with all Communications Laws that are applicable to the
operations of the Company. The Compliance Plan will include, at a
minimum, the following components:
(a) Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Verizon Wireless shall designate a senior corporate
manager with the requisite corporate and organizational authority to serve
as Compliance Officer and to discharge the duties set forth below. The
person designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that Verizon Wireless complies with the terms and conditions of
the Compliance Plan and this Consent Decree. The Compliance Officer shall
have specific knowledge of the C-Block Rules prior to assuming his/her
duties.
b. Compliance Procedures. Within sixty (60) calendar days after the
Effective Date, Verizon Wireless shall implement written Operating
Procedures designed to ensure that any Application Store
Communications relating to the availability to Verizon Wireless
customers of particular Applications are first reviewed by legal
counsel for compliance with the C-Block Rules. Verizon Wireless's
Operating Procedures shall set forth the procedures that all Covered
Employees must follow to help ensure compliance with those Operating
Procedures, including internal procedures and policies specifically
designed to ensure that Application Store Communications do not
include demands that Application Stores make unavailable to Verizon
Wireless customers Third-Party Applications for use on its C-Block
Network for which Verizon Wireless lacks a good faith belief that the
Third-Party Application is unlawful or harmful to its network,
customers, or customer devices. Verizon Wireless shall distribute the
Operating Procedures to all Covered Employees within sixty (60)
calendar days after the Effective Date. Verizon Wireless shall
periodically review and revise its Operating Procedures as necessary
to ensure that the information set forth therein remains current and
complete, and shall distribute any revisions to the Operating
Procedures promptly to all applicable Covered Employees.
c. Compliance Manual. Within sixty (60) calendar days after the Effective
Date, the Compliance Officer shall develop and distribute a Compliance
Manual to all Covered Employees. The Compliance Manual shall explain
the C-Block rules that apply to Verizon Wireless, including the
prohibition against denying, limiting, or restricting the ability of
its customers to use the Applications of their choice on Verizon
Wireless's C-Block network, and set forth the Operating Procedures
that Covered Employees shall follow to help ensure Verizon Wireless's
compliance with the C-Block rules. Verizon Wireless shall periodically
review and revise the Compliance Manual as necessary to ensure that
the information set forth therein remains current and accurate.
Verizon Wireless shall distribute any revisions to the Compliance
Manual promptly to Covered Employees. The Compliance Manual will
require personnel to contact Verizon Wireless's Compliance Officer,
and if appropriate, legal counsel, with any questions or concerns that
arise with respect to Verizon Wireless's obligations under the C-Block
rules.
d. Compliance Training Program. Verizon Wireless shall establish and
implement a Compliance Training Program on compliance with the C-Block
rules, including the prohibition against denying, limiting, or
restricting the ability of its customers to use the Applications of
their choice on Verizon Wireless's C-Block network, and the Operating
Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of Verizon Wireless's obligation to report
any noncompliance with the C-Block rules under paragraph 12 of this
Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. All Covered Employees shall
be trained pursuant to the Compliance Training Program within sixty
(60) calendar days after the Effective Date, except that any person
who becomes a Covered Employee at any time after the Effective Date
shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. Verizon Wireless shall repeat the
compliance training on an annual basis, and shall periodically review
and revise the Compliance Training Program as necessary to ensure that
it remains current and complete and to enhance its effectiveness.
(e) Termination Date. Unless stated otherwise, the requirements of this
paragraph 10 of the Consent Decree shall expire twenty-four (24) months
after the Effective Date.
11. Reporting Noncompliance. Verizon Wireless shall report any
noncompliance with the C Block Rules that prohibit a licensee from
denying, limiting, or restricting the ability of its customers to use
the devices and Applications of their choice on the licensee's C Block
network, or with the terms and conditions of this Consent Decree,
within fifteen (15) calendar days after discovery of such
noncompliance. Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that the Company
has taken or will take to remedy such noncompliance; (iii) the
schedule on which such remedial actions will be taken; and (iv) the
steps that the Company has taken or will take to prevent the
recurrence of any such noncompliance. All reports of noncompliance
shall be submitted to the Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, Room 4-C330,
445 12th Street, S.W. Washington, D.C. 20554, with a copy submitted
electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov and
Pamela S. Kane at Pamela.Kane@fcc.gov. The reporting obligations set
forth in this paragraph shall expire twenty-four (24) months after the
Effective Date.
12. Compliance Reports. Verizon Wireless shall file compliance reports
with the Commission ninety (90) calendar days after the Effective
Date, twelve (12) months after the Effective Date, and twenty-four
(24) months after the Effective Date.
a. Each Compliance Report shall include a detailed description of Verizon
Wireless's efforts during the relevant period to comply with the terms
and conditions of this Consent Decree and with the C Block Rules that
prohibit a licensee from denying, limiting, or restricting the ability
of its customers to use the devices and Applications of their choice
on the licensee's C Block network. Each Compliance Report shall also
include a list of all Applications that have been removed or filtered
from Application Stores in response to Application Store
Communications between the Effective Date and the date of the
Compliance Report, along with a brief explanation of the reason(s)
Verizon Wireless requested removal or filtering. In addition, each
Compliance Report shall include a certification by the Compliance
Officer, as an agent of and on behalf of Verizon Wireless, stating
that the Compliance Officer has personal knowledge that the Company
(i) has established and implemented the Compliance Plan; (ii) has
utilized the Operating Procedures since the implementation of the
Compliance Plan; and (iii) is not aware of any instances of
noncompliance with the terms and conditions of this Consent Decree,
including the reporting obligations set forth in paragraph 11 of this
Consent Decree.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and shall comply
with Section 1.16 of the Rules and be subscribed to as true under
penalty of perjury in substantially the form set forth in Section
1.16.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Verizon
Wireless, shall provide the Commission with a detailed explanation of
the reason(s) why and describe fully (i) each instance of
noncompliance; (ii) the steps that the Company has taken or will take
to remedy such noncompliance, including the schedule on which proposed
remedial actions will be taken; and (iii) the steps that the Company
has taken or will take to prevent the recurrence of any such
noncompliance, including the schedule on which such preventive action
will be taken.
d. All Compliance Reports shall be submitted to the Chief, Investigations
& Hearings Division, Enforcement Bureau, Federal Communications
Commission, Room 4-C330, 445 12th Street, S.W., Washington, D.C.
20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov and Pamela S. Kane at Pamela.Kane@fcc.gov.
13. No Prejudice. Nothing in this Consent Decree amends or modifies
Verizon Wireless's rights or obligations under the C Block Rules, and
in particular, nothing herein authorizes Verizon Wireless to take any
actions to deny, limit, or restrict the ability of its customers to
use the Applications of their choice on Verizon Wireless's C Block
network. To the extent permissible under the C Block Rules and other
applicable law and legal obligations:
a. nothing herein precludes Verizon Wireless from engaging in
Application Store Communications relating to particular Applications
that are unlawful, interfere with the operation of and/or management
of Verizon Wireless's network, harm or interfere with devices being
used by Verizon Wireless customers, or otherwise are substantially
harmful to Verizon Wireless customers;
b. nothing herein precludes Verizon Wireless from notifying an
Application Store Operator whenever it believes that Applications
posted in an Application Store may violate the Application Store's
content policies, so long as Verizon does not explicitly or
implicitly request that the Application be made unavailable to
Verizon's C Block customers;
c. nothing herein obligates Verizon Wireless to take affirmative steps,
such as including any particular Third Party Application in any
Application Store that Verizon Wireless itself operates, to make any
particular Application available to its customers on the C-Block
Network or to design the devices it offers customers to work with or
accommodate any particular Application; and
d. nothing herein prejudices Verizon Wireless's right to determine what
Applications its customers are allowed to purchase through Verizon
Wireless's billing mechanisms or to take remedial actions, including
termination of service, against customers who violate the terms and
conditions of their service plans or Verizon Wireless's policies
applicable to the service provided to such customers.
14. Other Actions. Verizon Wireless commits that it will notify, or has
notified, the Application Store Operator that it no longer objects to
the availability of the eleven tethering Applications described in
paragraph 4 to Verizon Wireless C-Block Network customers in the
Application Store. On June 28, 2012, Verizon Wireless modified its
pricing plans to allow customers on usage-based plans to tether their
devices without paying an additional fee, while customers on unlimited
usage plans must continue to pay an additional fee to tether their
devices. Verizon Wireless customers on usage-based plans who
subscribe to Mobile Broadband Connect for tethering may terminate
their subscription to that service without penalty.
15. 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 Verizon Wireless for alleged violations of the Communications
Laws, or for any other type of alleged misconduct, regardless of when
such misconduct took place. The Commission's adjudication of any such
complaints 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 Verizon Wireless with the Communications
Laws.
16. Voluntary Contribution. Verizon Wireless agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
one million two hundred fifty thousand dollars ($1,250,000) within
thirty (30) calendar days after the Effective Date. Verizon Wireless
shall also send electronic notification of payment to Theresa Z.
Cavanaugh at Terry.Cavanaugh@fcc.gov and Pamela S. Kane at
Pamela.Kane@fcc.gov on the date said payment is made. The payment must
be made by check or similar instrument, wire transfer, or credit card,
and must include the NAL/Account number and FRN referenced above.
Regardless of the form of payment, a completed 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).
Below are additional instructions you should follow based on the form
of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via
overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete the
wire transfer and ensure appropriate crediting of the wired funds, a
completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
17. Waivers. Verizon Wireless 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 as defined herein. Verizon Wireless shall retain the
right to challenge Commission interpretation of the Consent Decree or
any terms contained herein. If any Party (or the United States on
behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order, Verizon Wireless and the Commission shall
not contest the validity of the Consent Decree or of the Adopting
Order, and Verizon Wireless shall waive any statutory right to a trial
de novo. Verizon Wireless hereby agrees to waive any claims it may
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.
18. Invalidity. 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.
19. 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 Verizon Wireless does not
expressly consent), that provision will be superseded by such Rule or
Commission order.
20. Successors and Assigns. Verizon Wireless agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
transferees.
21. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. The Parties further agree that this
Consent Decree does not constitute either adjudication on the merits
or a factual or legal finding or determination regarding any
compliance or noncompliance with the Communications Laws.
22. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
23. 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.
24. Authorized Representative. The individual signing this Consent Decree
on behalf of Verizon Wireless represents and warrants that he is
authorized by Verizon Wireless to execute this Consent Decree and to
bind Verizon Wireless to the obligations set forth herein. The FCC
signatory represents that she is signing this Consent Decree in her
official capacity and that she is authorized to execute this Consent
Decree.
25. 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.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
William B. Petersen
Vice President, General Counsel & Secretary
Verizon Wireless
____________________________
Date
See 47 C.F.R. S: 27.16(b); Service Rules for the 698-746, 747-762, and
777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15289, 15365, P:
206 (2007).
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
1 See 47 C.F.R. S: 27.16(b); Service Rules for the 698-746, 747-762, and
777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15289, 15365, P:
206 (2007) ("700 MHz Order").
See 700 MHz Order, 22 FCC Rcd at 15358-15374, paras. 189-230.
3 47 C.F.R. S: 27.16(b); 700 MHz Order, 22 FCC Rcd at 15365, P: 206.
4 Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
to John T. Scott III, Vice President and Deputy General Counsel, Verizon
Wireless (Oct. 12, 2011) (on file in File No. EB-11-1H-1351).
5 See Letter from John T. Scott, counsel for Verizon Wireless, to Edward
Smith, Esq., Attorney Advisor, Investigations and Hearings Division, FCC
Enforcement Bureau (Nov. 14, 2011) (on file in File No. EB-11-1H-1351).
6 See Letter from William D. Wallace, counsel for Verizon Wireless, to
Edward Smith, Investigations and Hearings Division, FCC Enforcement Bureau
(Dec. 15, 2011) (on file in File No. EB-11-1H-1351).
47 C.F.R. S: 1.16.
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 12-1228
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Federal Communications Commission DA 12-1228
Federal Communications Commission DA 12-1228
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