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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Cellco Partnership d/b/a Verizon ) File Nos.: EB-09-SE-116
Wireless
) EB-10-SE-026
And its Subsidiaries
) Acct. No.: 201232100025
GTE Mobilnet of South Texas
) FRNs: 0003579406
Limited Partnership, and
) 0003293941
GTE Mobilnet of Texas RSA #17
) 0018506568
Limited Partnership
)
)
)
ORDER
Adopted: June 28, 2012 Released: June 28, 2012
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,
on behalf of itself and its subsidiaries, GTE Mobilnet of South Texas
Limited Partnership and GTE Mobilnet of Texas RSA #17 Limited
Partnership (collectively, Verizon Wireless). The Consent Decree
resolves and terminates the Bureau's investigations into possible
violations of Section 301 of the Communications Act of 1934, as
amended (Act), and Section 1.903(a) of the Commission's rules (Rules),
pertaining to the apparent unauthorized operation of certain common
carriage fixed point-to-point microwave radio frequencies, and
Sections 1.929(b) and 1.947(a) and (b) of the Rules, pertaining to the
timely filing of applications to modify a carrier's Cellular
Geographic Service Area.
2. The Bureau and Verizon Wireless have negotiated a Consent Decree that
resolves these matters. A copy of the Consent Decree 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 investigations.
4. In the absence of material new evidence relating to these matters, we
conclude that our investigations raise 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 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 investigations ARE
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 John T. Scott, Vice President and Deputy General Counsel
- Regulatory Law, Legal & External Affairs Department, Verizon
Wireless, 1300 I Street, N.W., Suite 400-W, Washington, D.C. 20005, as
well as to David H. Solomon, Esq., counsel for Verizon Wireless,
Wilkinson Barker Knauer, LLP, 2300 N Street, N.W., Suite 700,
Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Cellco Partnership d/b/a Verizon File Nos.: EB-09-SE-116
Wireless )
EB-10-SE-026
And its Subsidiaries )
Acct. No.: 201232100025
GTE Mobilnet of South Texas )
FRNs: 0003579406
Limited Partnership, and )
0003293941
GTE Mobilnet of Texas RSA #17 )
0018506568
Limited Partnership )
)
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Cellco
Partnership d/b/a Verizon Wireless, on behalf of itself and its
subsidiaries GTE Mobilnet of South Texas Limited Partnership and GTE
Mobilnet of Texas RSA #17 Limited Partnership, by their respective
authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Enforcement Bureau's investigations into
possible violations of Section 301 of the Communications Act of 1934, as
amended, and Section 1.903(a) of the Commission's rules, pertaining to the
apparent use of certain unauthorized common carriage fixed point-to-point
microwave radio frequencies, and Sections 1.929(b) and 1.947(a) and (b) of
the rules, pertaining to the timely filing of applications to modify a
carrier's Cellular Geographic Service Area.
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. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Cellular Geographic Service Area" or "CGSA" is the geographic area
considered by the FCC to be served by a cellular system, and within
which a cellular system is entitled to protection from interference.
e. "CGSA Investigation" means the investigation commenced by the
Bureau's June 11, 2009 letter of inquiry pertaining to possible
violations of the CGSA
Modification Rules.
f. "CGSA Modification Rules" means Sections 1.929(b), 1.947(a) and (b),
and 22.911 of the Rules and other Communications Laws governing the
filing of applications to modify a licensee's cellular geographic
service area.
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 Licensing Rules and the
CGSA Modification Rules.
i. "Compliance Plan" means the compliance obligations and compliance
program described in this Consent Decree at paragraph 13 hereof.
j. "Covered Employees" means, collectively, Covered Licensing Employees
and Covered Service Area Employees.
k. "Covered Licensing Employees" means all employees and agents of
Verizon Wireless who perform duties, or supervise, oversee, or manage
the performance of duties that relate to GTE's responsibilities under
the Licensing Rules.
l. "Covered Service Area Employees" means all employees and agents of
Verizon Wireless who perform duties, or supervise, oversee, or manage
the performance of duties that relate to Verizon Wireless's
responsibilities under the CGSA Modification Rules, but excludes
those employees or agents of Verizon Wireless who perform
construction or similar tasks related to the physical maintenance of
Verizon Wireless's common carriage network.
m. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
n. "GTE" means GTE Mobilnet of South Texas Limited Partnership and GTE
Mobilnet of Texas RSA #17 Limited Partnership, collectively, which
operate exclusively in portions of Mississippi, Louisiana, and Texas.
o. "Investigations" means the CGSA Investigation and the Unauthorized
Operation Investigation.
p. "Licensing Rules" means, collectively, Section 1.903(a) of the Rules
and other Communications Laws that prohibit the use or operation of a
wireless radio
station without a valid authorization or in a manner inconsistent with
such authorization.
q. "Parties" means Verizon Wireless and the Bureau, each of which is a
"Party".
r. "Operating Procedures" means the standard, internal operating
procedures and policies used by Verizon Wireless to ensure that the
Company complies with the Licensing Rules and CGSA Modification
Rules.
s. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
t. "Unauthorized Operation Investigation" means the investigation
commenced by the Bureau's July 7, 2010 letter of inquiry pertaining
to possible violations of the Licensing Rules through the use of
certain unauthorized frequencies.
u. "Verizon Wireless" or "Company" means Cellco Partnership d/b/a
Verizon Wireless, and each of its affiliates and subsidiaries,
including GTE.
II. BACKGROUND
A. Licensing Rules
2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
use or operation of any apparatus for the transmission of energy or
communications or signals by wireless radio stations except under and
in accordance with an authorization granted by the Commission.
3. GTE holds licenses for the operation of six inter-linked, common
carriage fixed point-to-point microwave stations with the following
call signs: (1) WQJH882 (Dixon, Texas); (2) WQJH999 (East Bernard,
Texas); (3) WQJH883 (Fulshear, Texas); (4) WQJE868 (Pin Oak, Texas);
(5) WLL644 (Rosenberg, Texas); and (6) WQJF666 (Wallis, Texas). On
August 25, 2008, the Commission granted GTE Special Temporary
Authority (STA) to operate four of its common carriage fixed
point-to-point microwave stations on 18 modified frequencies. However,
on January 20, 2009, GTE filed applications to cancel these STAs,
which were granted by the Broadband Division of the Wireless
Telecommunications Bureau on January 21, 2009. On November 20, 2009,
GTE filed applications to modify each of its six common carriage fixed
point-to-point microwave stations to add or change frequencies,
including those frequencies previously authorized in the cancelled
STAs. GTE included in each of its applications a waiver request
seeking retroactive authority to use the proposed frequencies and to
obtain conditional operating authority going forward pending grant of
the modification applications. On March 4-5, 2010, the Broadband
Division granted GTE's modification applications without prejudice to
future enforcement action and denied GTE's waiver requests. The
Wireless Telecommunications Bureau subsequently referred this matter
to the Bureau for investigation and possible enforcement action.
4. On July 7, 2010, the Bureau's Spectrum Enforcement Division (Division)
issued the Unauthorized Operation LOI to GTE. The Unauthorized
Operation LOI directed GTE to respond to a series of questions
regarding its apparent use of certain unauthorized frequencies.
Verizon Wireless responded to the Unauthorized Operation LOI on behalf
of GTE on August 6, 2010. The Bureau sought additional information on
February 14, 2011, to which Verizon Wireless responded on February 18,
2011. The Bureau and Verizon Wireless entered into tolling agreements
to toll the statute of limitations.
B. Cellular Geographic Service Area Modification Rules
5. Sections 1.929(b) and 1.947(a) of the Commission's Rules provide that
licensees proposing network modifications that would expand the
cellular geographic service area (CGSA) of an existing cellular system
are classified as major change applications necessitating prior
Commission approval. Under Sections 1.929(k) and 1.947(b) of the
Rules, network modifications that would reduce a cellular system's
CGSA are classified as minor change applications, and a licensee
implementing such system modifications must file a minor change
notification within thirty days of making any such change. In the 2000
Biennial Review Reconsideration Order, the Commission adopted the
"secondary operations policy", which permits cellular licensees to
"extend into adjacent unserved area[s] of less than 50 square miles
without prior approval by the Commission, and without first undergoing
the major modification process." Licensees are required to notify the
Commission of such extensions.
6. In 2008 and 2009, Verizon Wireless filed certain major change
applications and minor change notifications (collectively, the
Applications), generally in connection with the sunset of the
Commission's cellular analog service requirement. As a result of the
analog sunset, Verizon Wireless, for the first time, used digital
operations (reflecting pre-analog sunset digital overbuilds) as the
basis for depicting CGSA boundaries, resulting in various deviations
from its analog-defined service boundaries. In June 2009, the Mobility
Division of the Wireless Telecommunications Bureau granted certain of
the Applications without prejudice to future enforcement action. The
Wireless Telecommunications Bureau referred this matter to the Bureau
for investigation and possible enforcement action.
7. On June 11, 2009, the Division issued the CGSA Modification LOI to
Verizon Wireless, directing the company to submit a sworn written
response to a series of questions relating to the Applications.
Verizon Wireless responded to the CGSA Modification LOI on August 20,
2009. On September 20, 2011, the Bureau issued Verizon Wireless a
second letter of inquiry, to which Verizon Wireless responded on
October 20, 2011. The Bureau and Verizon Wireless entered into tolling
agreements to toll the statute of limitations.
8. We note that the Commission is currently considering whether to alter
its site-based licensing framework. On February 15, 2012, the
Commission issued a Notice of Proposed Rulemaking and Order proposing
to transition the existing site-based licensing model for the Cellular
Radiotelephone Service (Cellular) to a geographic-based approach,
which would generally authorize construction within a particular
geographic boundary (subject to certain interference protection and
other technical requirements) and would not entail applications for
prior Commission approval of specific transmitter locations. The
Commission also adopted an immediate freeze on the filing of certain
Cellular applications claiming "Unserved Area" in "Covered" Cellular
Market Area (CMA) Blocks, including new-system Cellular licenses and
major modifications to expand existing systems if claiming an Unserved
Area that is not contiguous to the existing CGSA.
III. TERMS OF AGREEMENT
9. 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.
10. 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.
11. 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.
12. 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
Investigations. In consideration for the termination of the
Investigations, 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 Investigations
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 Investigations. The Bureau also
agrees that in the absence of new material evidence it will not use the
facts developed in the Investigations 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.
13. Compliance Plan. For purposes of settling the matters set forth
herein and based on the special facts and circumstances presented in
this case, the Parties agree to the following compliance provisions.
Specifically, Verizon Wireless: (i) agrees to implement within sixty
(60) calendar days after the Effective Date a Compliance Plan relating
to GTE's future compliance with the Licensing Rules, and to Verizon
Wireless's future compliance with the CGSA Modification Rules; 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 Licensing Rules and the CGSA Modification
Rules prior to assuming his/her duties.
b. Operating Procedures and Compliance Manual. Within sixty (60) calendar
days after the Effective Date, Verizon Wireless shall review and
augment its existing Operating Procedures on compliance with the
Licensing Rules (Licensing Operating Procedures) and the CGSA
Modification Rules (CGSA Operating Procedures).
(i) Verizon Wireless's Licensing Operating Procedures shall explain the
Licensing Rules and set forth the procedures that all Covered Licensing
Employees must follow to help ensure GTE's compliance with the Licensing
Rules, including internal procedures and policies specifically designed to
ensure that GTE
does not commence operation of a wireless radio station without a valid
authorization and does not operate such station in a manner inconsistent
with such authorization. Verizon Wireless shall distribute the Licensing
Operating Procedures to all Covered Licensing Employees within sixty (60)
calendar days after the Effective Date.
(ii) Verizon Wireless's CGSA Operating Procedures shall explain the CGSA
Modification Rules and set forth the procedures that all Covered Service
Area Employees must follow to help ensure Verizon Wireless's compliance
with the CGSA Modification Rules, which shall include internal procedures
and policies specifically designed to ensure that all applications and
notifications filed by Verizon Wireless with respect to the modification
of a CGSA are timely filed in accordance with the CGSA Modification Rules.
Verizon Wireless shall distribute the CGSA Operating Procedures to all
Covered Service Area Employees within sixty (60) calendar days after the
Effective Date.
(iii) 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 Training. Verizon Wireless shall establish and implement a
Compliance Training Program: (i) for Covered Licensing Employees on
compliance with the Licensing Rules and the Licensing Operating
Procedures; and (ii) for Covered Service Area Employees on compliance
with the CGSA Modification Rules and the CGSA Operating Procedures. As
part of the Compliance Training Program, Covered Employees shall be
advised of Verizon Wireless's obligation to report noncompliance under
paragraph 14 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 Training Program within
ninety (90) 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.
(d) Termination Date. Unless stated otherwise, the requirements of this
paragraph 13 of the Consent Decree shall expire twenty-four (24) months
after the Effective Date.
14. Reporting Noncompliance. Verizon Wireless shall report any
noncompliance with the Licensing Rules by GTE, and any noncompliance
with the terms and conditions of this Consent Decree by Verizon
Wireless within fifteen (15) calendar days after the discovery of such
noncompliance. Such
reports shall include a detailed explanation of: (i) each instance of
noncompliance; (ii) the steps that Verizon Wireless 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 Verizon Wireless has taken
or will take to prevent the recurrence of any such noncompliance. All such
reports of noncompliance shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 3-C366, Washington, D.C. 20554,
with a copy submitted electronically to Nissa Laughner at
Nissa.Laughner@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov, JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov, and Daudeline Meme at
Daudeline.Meme@fcc.gov. The reporting obligations set forth in this
paragraph 14 shall expire twenty-four (24) months after the Effective
Date.
15. 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: (i) the Licensing Rules as applicable to GTE; (ii) the CGSA
Modification Rules; and (iii) the terms and conditions of this
Consent Decree. In addition, each Compliance Report shall include
a certification by the Compliance Officer, as agent of and on
behalf of Verizon Wireless, stating that the Compliance Officer
has personal knowledge that Verizon Wireless: (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 14 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must
comply with Section 1.16 of the Rules and be subscribed to as
true under penalty of perjury in substantially the form set forth
therein.
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 Verizon
Wireless 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 Verizon Wireless 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, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 3-C366, Washington, D.C.
20554, with a copy submitted electronically to Nissa Laughner at
Nissa.Laughner@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov,
JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov, and Daudeline Meme at
Daudeline.Meme@fcc.gov.
16. 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 Act, 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.
17. Voluntary Contribution. Verizon Wireless agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
one hundred sixty-five thousand dollars ($165,000). The payment must
be made within thirty (30) calendar days after the Effective Date. The
payment must be made by check or similar instrument, wire transfer, or
credit card and must include the Account Number and FRN referenced in
the caption to the Adopting Order. Regardless of the form of payment,
a completed FCC Form 159 (Remittance Advice) must also be submitted.
An FCC Form 159 may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf. 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).
Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments may 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 may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. Payment by
credit card may be made by providing the required credit card
information on FCC Form 159 and signing and dating the form to
authorize the credit card payment. Verizon Wireless must also send
electronic notification to Nissa Laughner at Nissa.Laughner@fcc.gov,
Kathy Harvey at Kathy.Harvey@fcc.gov, JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov, Daudeline Meme at Daudeline.Meme@fcc.gov, and
Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is
made.
18. 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.
19. 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.
20. 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.
21. Successors and Assigns. Verizon Wireless agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
transferees.
22. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigations. 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 Communications Laws.
23. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
24. 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.
25. 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.
26. 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
____________________________
John T. Scott, III
Vice President and Deputy General Counsel
Verizon
____________________________
Date
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
Id. S:S: 1.929(b), 1.947(a) - (b).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
Id. S:S: 1.929(b), 1.947(a).
See id. S: 22.911.
See Letter from Katherine S. Berthot, Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications, to John T. Scott,
Vice President and Deputy General Counsel - Regulatory Law, Verizon
Wireless (June 11, 2009) (CGSA Modification LOI).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to Sonya R. Dutton,
Supervisor, Network Compliance, GTE Mobilnet of South Texas Limited
Partnership (July 7, 2010) (Unauthorized Operation LOI).
47 U.S.C. S: 301.
47 C.F.R. S: 1.903(a).
See File Nos. 0003484842 (filed June 24, 2008, amended Aug. 8, 2008,
granted Sept. 16, 2008); 0003538071 (filed Aug. 8, 2008, granted Sept. 17,
2008); 0003484837 (filed June 24, 2008, amended Aug. 8, 2008, granted
Sept. 16, 2008); 0003484805 (filed June 24, 2008, granted Aug.14, 2008);
0003435432 (filed May 13, 2008, amended June 24, 2008, granted Aug. 5,
2008); and 0003484849 (filed June 24, 2008, amended Aug. 20, 2008, granted
Aug. 21, 2008). All of the stations are licensed to GTE Mobilnet of South
Texas Limited Partnership with the exception of WQJH999, which is licensed
to GTE Mobilnet of Texas RSA #17 Limited Partnership.
See File Nos. 0003555737, 0003555738, 0003555757, and 0003555758 (filed
Aug. 20, 2008, granted Aug. 25, 2008); Special Temporary Authorizations,
call signs WQJF906 (Pin Oak), WQJF907 (Fulshear),WQJF908 (Wallis), and
WQJF909 (Dixon).
See File Nos. 0003708126, 0003708131, 0003708135, and 0003708140 (filed
Jan. 20, 2009, granted Jan. 21, 2009).
See File Nos. 0004040679 (filed Nov. 20, 2009, granted Mar. 5, 2010);
0004040687 (filed Nov. 20, 2009, granted Mar. 4, 2010); 0004040680 (filed
Nov. 20, 2009, granted Mar. 5, 2010); 0004040681 (filed Nov. 20, 2009,
granted Mar. 5, 2010); 0004040682 (filed Nov. 20, 2009, granted Mar. 5,
2010); and 0004040683 (filed Nov. 20, 2009, granted Mar. 5, 2010).
See id., Requests for Waiver.
See supra note 12. See also Wireless Telecommunications Bureau
Site-By-Site Action, Report No. 5704, Public Notice, at 4-5 (Mar. 10,
2010). On January 19, 2012, GTE filed a major change application to modify
the license for station WQJH883 to correct the polarization of frequency
6063.8 MHz on path number 2. See File No. 0005034155 (filed Jan. 18, 2012)
(WQJH883 Application). GTE stated in the WQJH883 Application that, due to
"administrative error," the November 20, 2009 major change application for
station WQJH883 (File No. 0004040680) incorrectly specified horizontal
polarization for the proposed link when in fact GTE had coordinated and
deployed the proposed link using vertical polarization. Id. at Exhibit A.
Simultaneously with the filing of the Application, GTE voluntarily
disclosed the matter to the Bureau.
See supra note 6.
See Letter from David H. Solomon, Esq., counsel for GTE Mobilnet of South
Texas Limited Partnership and GTE Mobilnet of Texas RSA #17 Limited
Partnership, wholly owned subsidiaries of Cellco Partnership d/b/a Verizon
Wireless, Wilkinson Barker Knauer, LLP, to Nissa Laughner, Esq., Attorney
Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (Aug. 6, 2010).
See Letter from David H. Solomon, Esq., counsel for GTE Mobilnet of South
Texas Limited Partnership and GTE Mobilnet of Texas RSA #17 Limited
Partnership, wholly owned subsidiaries of Cellco Partnership d/b/a Verizon
Wireless, Wilkinson Barker Knauer, LLP, to Daudeline Meme, Assistant
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (Feb. 18, 2011).
See, e.g., Tolling Agreement Extension, File No. EB-10-SE-026, executed by
and between John D. Poutasse, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and David H.
Solomon, counsel for GTE Mobilnet of South Texas Limited Partnership and
GTE Mobilnet of Texas RSA #17 Limited Partnership, wholly owned
subsidiaries of Cellco Partnership d/b/a Verizon Wireless (Apr. 30, 2012).
See 47 C.F.R. S:S: 1.929(b), 1.947(a).
See 47 C.F.R. S:S: 1.929(k), 1.947(b).
See Year 2000 Biennial Review - Amendment of Part 22 of the Commission's
Rules to Modify or Eliminate Outdated Rules Affecting the Cellular
Radiotelephone Service and Other Commercial Mobile Radio Services, Order
on Reconsideration, 19 FCC Rcd 3239 (2004) (2000 Biennial Review
Reconsideration Order).
Id. at 3256-3257, para. 41.
Id.
Sunset of the Cellular Radiotelephone Service Analog Service Requirement
and Related Matters, Memorandum Opinion and Order, 22 FCC Rcd 11243 (2007)
(Analog Sunset MO&O). The Commission recognized that the analog sunset
would force some carriers that were converting to digital technology "to
unnecessarily reconfigure their digital sites or make alternative CGSA
showings simply to maintain the interference protection associated with
their analog-determined CGSAs." Id at 11267, para. 49. The Commission
therefore permitted licensees, "in lieu of making a revised CGSA showing,
to certify that the discontinuance of [analog] service will not result in
any loss of wireless coverage throughout the carrier's CGSA." Licensees
that could not so certify were required to file a revised CGSA
determination. Id.
See supra note 5.
See Letter from David H. Solomon, Esq., counsel for Verizon Wireless,
Wilkinson Barker Knauer, LLP, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Aug. 20, 2009).
See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to John
T. Scott, Vice President and Deputy General Counsel - Regulatory Law,
Verizon Wireless (Sept. 20, 2011).
See Letter from David H. Solomon, Esq., counsel for Verizon Wireless,
Wilkinson Barker Knauer, LLP, to Kathy Harvey, Esq., Attorney Advisor,
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission (Oct. 20, 2011).
See, e.g., Tolling Agreement Extension, File No. EB-09-SE-116, executed by
and between John D. Poutasse, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and David H.
Solomon, Esq., counsel for Verizon Wireless (Apr. 30, 2012).
See Amendment of Parts 1 and 22 of the Commission's Rules with Regard to
the Cellular Service, Including Changes in Licensing of Unserved Area;
Amendment of the Commission's Rules with Regard to Relocation of Part 24
to Part 2; Interim Restrictions and Procedures for Cellular Service
Applications, WT Docket No. 12-40, Notice of Proposed Rulemaking and
Order, 27 FCC Rcd 1745 (2012). Specifically, the Commission proposed to
issue geographic-area "Overlay Licenses" through competitive bidding, in
two stages. Id. at 1746, para. 2.
Id. at 1771-1774, paras. 67-75.
Verizon Wireless represents that it maintains written Operating Procedures
on the Licensing Rules and CGSA Modification Rules and that these
documents provide guidance on standard operating procedures with which
Covered Employees must comply, include a detailed explanation of Verizon
Wireless's obligations under the Licensing Rules and the CGSA Modification
Rules, and outline general principles of business conduct in connection
with Verizon Wireless's compliance with these rules.
47 C.F.R. S: 1.16.
Federal Communications Commission DA 12-841
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Federal Communications Commission DA 12-841