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Federal Communications Commission DA 13-371
1
Before the
Federal Communications Commission
Washington, D.C. 20554 
In the Matter of
Level 3 Communications, LLC 
)
)
)
)
)
)
File No.:  EB-12-IH-0087
Acct. No.:  201332080014
FRN:  0017585993
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and Level 3 
Communications, LLC (Level 3), by their respective authorized representatives, hereby enter into this 
Consent Decree for the purpose of terminating the Bureau’s investigation into possible violations of 
Sections 201(b) and 202(a) of the Communications Act of 1934, as amended,
1
with respect to Level 3’s 
call completion practices to rural areas, including its use and monitoring of intermediate providers.
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. 
§§ 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) “Benchmark Call Completion Rate” means, with respect to Enterprise 
Customer Calls or Wholesale Customer Calls, the Call Completion Rate to 
Non-rural Incumbent Locations on the Legacy Level 3 network for each such 
category of traffic.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(e) “Call Completion Rate” means, for Enterprise Customer Calls, a completion 
rate calculated by dividing the total number of calls completed by the total 
number of call attempts. For Wholesale Customer Calls, “Call Completion 
Rate” means a completion rate calculated by dividing the total number of 
calls completed by the total number of call attempts, after first subtracting all 
calls handed by Level 3 back to the entity delivering them to Level 3 for 
termination.  For purposes of this definition, a completed call is a call that 
was answered by or on behalf of the called party (including calls completed 
                                                     
1
47 U.S.C. §§ 201(b), 202(a).  
Federal Communications Commission DA 13-371
2
to devices, services or parties that answer the call such as an interactive voice 
response, answering service, voicemail or call-forwarding system).
(f) “Commission” and “FCC” mean the Federal Communications Commission 
and all of its bureaus and offices.
(g) “Communications Laws” means, collectively, the Act, the Rules, and the 
published and promulgated orders and decisions of the Commission to which 
Level 3 is subject by virtue of its business activities.
(h) “Compliance Plan” means the compliance program, obligations, and 
procedures described in Paragraph 16 of this Consent Decree.  
(i) “Covered Employees” means all employees and agents of Level 3 who 
supervise, oversee, or manage the performance of duties that relate to Level 
3’s compliance obligations under this Consent Decree.
(j) “Effective Date” means the date on which the Bureau releases the Adopting 
Order.
(k) “Enterprise Customer Calls” means interexchange calls from Level 3 
customers that are not (i) Wholesale Customer Calls, or (ii) determined by 
Level 3 to be originating from telemarketers, as defined in 47 C.F.R. 
§ 64.1200(f)(11), or other mass-dialers.
(l) “Intermediate Provider” has the meaning provided in 47 C.F.R. § 64.1600(f), 
but excludes a tandem provider to which the terminating carrier subtends or a 
carrier to which the terminating carrier requires an indirectly interconnecting 
carrier to deliver traffic.
(m) “Investigation” means the investigation commenced by the Bureau’s January 
30, 2012 letter of inquiry in File No. EB-12-IH-0087 pertaining to possible 
violations of Sections 201 and 202 of the Act and the Commission’s 
prohibition on unreasonable call blocking by carriers.
(n) “Legacy Global Crossing” means the North American voice network owned 
and operated by Global Crossing Telecommunications, Inc. before its parent
company Global Crossing Limited’s transaction with Level 3 
Communications Inc.
(o) “Legacy Level 3” means the North American voice network owned and 
operated by Level 3 Communications, LLC, before its parent company 
Level 3 Communications Inc.’s transaction with Global Crossing Limited.  
(p) “Level 3” or “Company” means Level 3 Communications, LLC, and any 
subsidiaries or affiliates, as defined in 47 U.S.C. § 153(1), providing 
domestic interexchange telecommunications services or interconnected VoIP 
services within the United States, except for newly acquired networks 
excluded by Paragraph 27 of this Consent Decree.  
(q) “Local Exchange Carrier” has the meaning provided in 47 U.S.C. §153(32).
Federal Communications Commission DA 13-371
3
(r) “Network Failure” means an outage reportable under the FCC’s outage 
reporting requirements, 47 C.F.R. Part 4.
(s) “Non-rural Incumbent Locations” means locations that: (i) are not Rural 
Incumbent Locations; and (ii) are served by an Incumbent Local Exchange 
Carrier as defined in 47 U.S.C. § 251(h).
(t) “Operating Procedures” means the standard, internal operating procedures 
and compliance policies established by Level 3 to implement the Compliance 
Plan.  
(u) “Parties” means Level 3 and the Bureau, each of which is a “Party.” 
(v) “Post-Dial Delay” means the period starting when the address information 
required for setting up a call is received by the network (recognized on the 
calling user's access line) and finishing when the called party busy tone,
ringing tone, or answer signal is received by the calling party (i.e., 
recognized on the calling user's access line). 
(w) “Price Cap LEC” means a Price Cap Local Exchange Carrier as defined in 47 
C.F.R. § 61.3(bb).
(x) “Rules” means the Commission’s regulations found in Title 47 of the Code 
of Federal Regulations.
(y) “Rural Call Completion Rate” means the Call Completion Rate for calls
destined for Rural Incumbent Locations.  
(z) “Rural Call Quality Commitment” means the performance standard 
described in Paragraph 16(b) of this Consent Decree.
(aa) “Rural Incumbent Locations” means locations served by a Rural Incumbent 
Local Exchange Carrier, as defined at 47 C.F.R. § 54.5, that is not an affiliate 
of a Price Cap LEC. 
(bb) “Termination Date” means the date on which the compliance obligations in 
this Consent Decree terminate, as provided in Paragraph 19.  
(cc) “Wholesale” means voice telecommunications sold by Level 3 to customers 
that purchase the service and incorporate it into their own offerings of 
telecommunications services, interconnected VoIP services (as defined in 47 
C.F.R. § 9.3) that are terminated on the public switched telephone network, 
or non-interconnected VoIP services (as defined in 47 C.F.R. § 14.10(q)) that 
are terminated on the public switched telephone network.
(dd) “Wholesale Customer Calls” mean interexchange calls from Level 3 
Wholesale customers that are not determined by Level 3 to be originating 
from telemarketers, as defined in 47 C.F.R. § 64.1200(f)(11), or other mass-
dialers.
Federal Communications Commission DA 13-371
4
II. BACKGROUND
2. Section 201(b) of the Act provides, “All charges, practices, classifications, and 
regulations for and in connection with [interstate and foreign] communication service, shall be just and 
reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is 
hereby declared to be unlawful.”
2
  Section 202(a) states, “It shall be unlawful for any common carrier to 
make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, 
facilities, or services for or in connection with like communication service, directly or indirectly, by any 
means or device, . . . or to subject any particular person, class of persons, or locality to any undue or 
unreasonable prejudice or disadvantage.”
3
  
3. The Commission has emphasized that “it is vital that our Nation maintains a 
communications network that offers reliable and resilient service.”
4
  The Commission has also recognized 
that “permitting blocking or the refusal to deliver voice telephone traffic, whether as a means of ‘self-
help’ to address perceived unreasonable intercarrier compensation charges or otherwise, risks 
‘degradation of the country’s telecommunications network.’”
5
  To prevent that, the Commission has 
consistently held that telecommunications carriers, including interexchange carriers, generally may not 
“‘block, choke, reduce, or restrict traffic in any way.’”
6
4. In June 2011, a coalition of trade associations representing rural local exchange carriers 
(rural LECs) sent a letter to the Bureau concerning “a nationwide and industry-wide epidemic” of calls to 
rural areas failing to complete or having poor call quality.
7
  In September 2011, the Commission 
announced that it had created a Rural Call Completion Task Force “to investigate and address the growing 
problem of calls to rural customers that are being delayed or that fail to connect.”
8
  The Bureau 
subsequently initiated several rural call completion investigations.   
5. Level 3 offers a variety of telecommunications services throughout the United States, 
including interexchange (long distance) voice service.  In September 2011, the Commission approved the 
transfer of control of Commission licenses and authorizations from Global Crossing Limited to Level 3 
                                                     
2
47 U.S.C. § 201(b).
3
Id. § 202(a).
4
Reliability and Continuity of Communications Networks, Including Broadband Technologies, Notice of Inquiry, 26 
FCC Rcd 5614, 5616, para. 5 (2011); see also Establishing Just and Reasonable Rates for Local Exchange Carriers, 
Declaratory Ruling and Order, 22 FCC Rcd 11629, para. 1 (Wireline Comp. Bur. 2007) (Call Blocking Declaratory 
Ruling) (“the ubiquity and reliability of the nation’s telecommunications network is of paramount importance to the 
explicit goals of the Communications Act”).  
5
Connect America Fund, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663, 
18029, para. 973 (2011) (quoting Access Charge Reform, Seventh Report and Order and Further Notice of Proposed 
Rulemaking, 16 FCC Rcd 9923, 9933, para. 24 (2001) (Universal Service/Intercarrier Compensation Reform 
Order)).  
6
Id. at 17903, para. 734 (quoting Call Blocking Declaratory Ruling, 22 FCC Rcd at 11631, para. 6).  
7
Letter from Michael Romano, National Telecommunications Cooperative Association, et al., to Theresa Z. 
Cavanaugh, Acting Chief and Margaret Dailey, Attorney Advisor, Investigations & Hearings Division, FCC 
Enforcement Bureau at 3 (filed June 13, 2011, in EB-12-IH-0087).  
8
FCC Launches Rural Call Completion Task Force to Address Call Routing and Termination Problems in Rural 
America, News Release, 2011 WL 4454097 (Sept. 26, 2011), http://www.fcc.gov/document/fcc-launches-rural-call-
completion-task-force-sets-oct-18-workshop.  The Task Force conducted a workshop on rural call completion issues 
on October 18, 2011.  See http://www.fcc.gov/events/rural-call-completion-workshop.  
Federal Communications Commission DA 13-371
5
Communications, Inc.
9
  Like all major interexchange carriers, Level 3 must rely on Intermediate 
Providers (sometimes referred to as “least cost routers”) to complete a portion of its calls.  
6. On January 30, 2012, the Bureau sent a letter of inquiry (LOI) to Level 3 seeking 
information about its performance, and the performance of its Intermediate Providers, in completing long 
distance calls.
10
  Among other issues, the LOI asked whether, in the ordinary course of business, Level 3 
tracked call completion rates for outgoing long distance calls.
11
  
7. On February 6, 2012, the Wireline Competition Bureau (WCB) clarified in a declaratory 
ruling that “it is an unjust and unreasonable practice in violation of section 201 of the Act for a carrier that 
knows or should know that it is providing degraded service to certain areas to fail to correct the problem 
or to fail to ensure that intermediate providers, least-cost routers, or other entities acting for or employed 
by the carrier are performing adequately.”
12
  WCB further clarified that “adopting or perpetuating routing 
practices that result in lower quality service to rural or high-cost localities than like service to urban or 
lower cost localities (including other lower cost rural areas) may, in the absence of a persuasive 
explanation, constitute unjust or unreasonable discrimination in practices, facilities, or services and 
violate section 202 of the Act.”
13
8. On February 24, 2012, Level 3 notified the Bureau that although the Company monitored 
its own call completion and Intermediate Provider performance, it did not, in the regular course of 
business, maintain the call completion data requested in the LOI in a manner conducive to useful 
production.
14
  Nevertheless, Level 3 worked cooperatively with the Bureau to develop alternative call
completion data.  In particular, Level 3 proposed conducting a traffic study of randomly selected months 
that would show call attempts and completion statistics for calls initiated by Level 3 customers terminated 
to rural and non-rural telephone company exchanges.
15
  Level 3 proposed differentiating calls to rural 
areas from calls to non-rural areas based on the operating company numbers of terminating carriers.
16
                                                     
9
Applications Filed by Global Crossing Limited and Level 3 Communications, Inc. for Consent to Transfer Control, 
Memorandum Opinion and Order and Declaratory Ruling, 26 FCC Rcd 14056, 14057, para. 1 (2011).  
10
Letter from Theresa Cavanaugh, Acting Chief, Investigations & Hearings Division, FCC Enforcement Bureau, to 
Neil Eckstein, Senior Vice President, Level 3 Communications, Inc. (Jan. 30, 2012) (on file in EB-12-IH-0087).
11
Id. at 3.  
12
Developing an Unified Intercarrier Compensation Regime, Declaratory Ruling, 27 FCC Rcd 1351, 1355–56, para. 
12 (Wireline Comp. Bur. 2012) (footnote omitted).  
13
Id. at 1357-58, para. 14.  
14
E-mail from John Nakahata, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, Investigations & 
Hearings Division, FCC Enforcement Bureau (Feb. 24, 2012, 17:14 EST; see also Letter from John Nakahata, 
Wiltshire & Grannis LLP, to Marlene Dortch, Secretary, FCC (Feb. 29, 2012) (on file in EB-12-IH-0087) (LOI 
Response).
15
Id.
16
Id.  An operating company number (OCN) is an alphanumeric code that uniquely identifies providers of local 
telecommunications service. See, e.g., http://www.atis.org/glossary/definition.aspx?id=8448.  OCNs are used in 
billing records to identify local telecommunications providers. See Universal Service/Intercarrier Compensation 
Reform Order, 26 FCC Rcd at 17899 n.1251.  By segregating long distance calls to rural LECs from calls to non-
rural LECs based on OCNs, Level 3 reasonably could identify calls to rural and non-rural areas.  
Federal Communications Commission DA 13-371
6
9. Level 3 provided its initial response to the LOI on February 29, 2012.
17
  After further 
discussion, the parties agreed that Level 3 would conduct the traffic study and provide the results to the 
Bureau.
18
  In August 2012, Level 3 produced study results for Legacy Level 3, Legacy Global Crossing, 
and the Intermediate Providers they used to deliver traffic.
19
  In September and October, 2012, Level 3 
advocated additional refinements to the study methodology and produced additional study results 
regarding Legacy Level 3’s call completion performance to incumbent local exchange carriers.
20
10. Level 3 and the Bureau have worked cooperatively for nearly a year to develop a 
mechanism by which the Bureau can track Level 3’s rural call completion and ensure that Level 3’s 
performance demonstrably meets the requirements of Sections 201(b) and 202(a).  Level 3 has committed 
to invest capital and other resources in systems and processes to develop and implement a benchmark 
process for rural call completion.
III. TERMS OF AGREEMENT
11. 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.  The Parties agree that this Consent Decree shall become effective on the Effective Date as defined 
herein.  
12. Jurisdiction.  Level 3 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.
13. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date except as otherwise provided. 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, excluding violations of 
Paragraph 16(b) for which remedies are prescribed in Paragraph 20(b), 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.    
                                                     
17
See LOI Response.  Level 3 provided supplemental responses on March 14 and April 13, 2012.  See Letters from 
John Nakahata, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, Investigations & Hearings 
Division, FCC Enforcement Bureau (March 14, 2012; April 13, 2012) (on file in EB-12-IH-0087).  The Bureau 
submitted supplemental questions to Level 3 on May 18, 2012.  See E-mail from Margaret Dailey, Attorney 
Advisor, Investigations & Hearings Division, FCC Enforcement Bureau, to John Nakahata, Wiltshire & Grannis 
LLP (May 18, 2012, 17:19 EDT).  Level 3 responded to those questions on June 1 and June 13, 2012.  See E-mail 
from Patrick O’Donnell, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, Investigations & 
Hearings Division, FCC Enforcement Bureau (June 1, 2012, 16:54 EDT); E-mail from Erin Galliher, Wiltshire & 
Grannis LLP, to Margaret Dailey, Attorney Advisor, Investigations & Hearings Division, FCC Enforcement Bureau 
(June 13, 2012, 11:17 EDT).
18
See E-mail from Patrick O’Donnell, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, 
Investigations & Hearings Division, FCC Enforcement Bureau (Mar. 9, 2012, 13:52 EST).    
19
See E-mail from Patrick O’Donnell, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, 
Investigations & Hearings Division, FCC Enforcement Bureau (August 9, 2012, 9:51 EDT).  The study results 
covered both interstate and intrastate long distance calls.
20
See, e.g., E-mail from Mike Carlson, Wiltshire & Grannis LLP, to Margaret Dailey, Attorney Advisor, 
Investigations & Hearings Division, FCC Enforcement Bureau (October 16, 2012, 17:40 EDT).
Federal Communications Commission DA 13-371
7
14. 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, Level 3 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 Level 3 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 Level 3 with respect to Level 3’s basic qualifications, including its character 
qualifications, to be a Commission licensee or to hold Commission licenses or authorizations.  
15. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Level 3 
shall designate a senior corporate manager with the requisite corporate and organizational authority to 
serve as a 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 Level 3 complies with the terms and conditions of the Compliance Plan and this 
Consent Decree.  The Compliance Officer shall have general knowledge of the Communications Laws 
necessary to discharge his/her duties under this Consent Decree.  
16. Compliance Plan.  For purposes of settling the matters set forth herein, Level 3 agrees 
that it shall develop and implement a Compliance Plan designed to ensure that Level 3’s Rural Call 
Completion Rates meet the terms and conditions of this Consent Decree and thus demonstrably comply 
with the requirements of Sections 201(b) and 202(a) of the Act and current rules.  The Compliance Plan 
will ensure future compliance with the Communications Laws and with the terms and conditions of this 
Consent Decree, and shall include the following components:
(a) Operating Procedures.  Within sixty (60) calendar days after the Effective Date, 
Level 3 shall establish detailed Operating Procedures to ensure Level 3’s compliance 
with this Consent Decree and Sections 201(b) and 202(a) of the Act with respect to 
Rural Call Completion Rates.
(b) Rural Call Quality Commitment.  As further detailed below, Level 3 will maintain 
a Call Completion Rate for each category of:  (i) Wholesale Customer Calls to Rural 
Incumbent Locations, and (ii) Enterprise Customer Calls to Rural Incumbent 
Locations that is no lower than five percent (500 basis points) below the Benchmark 
Call Completion Rate for each category, respectively.  Level 3 will also, to the extent 
commercially reasonable, maintain an Enterprise Customer Call Completion Rate to 
Rural Incumbent Locations that is at least equal to the Benchmark Call Completion 
Rate for Enterprise Customer Calls.  For purposes of this commitment, Level 3 will 
measure and monitor Call Completion Rates as described and reported pursuant to 
Paragraph 17(a) and (c) below.  
(c) Network Changes to Facilitate Monitoring and Routing for Enterprise and 
Wholesale Customer Calls.  Level 3 will adopt network configurations that will 
allow it to monitor Rural and Benchmark Call Completion Rates for Enterprise 
Customer Calls and Wholesale Customer Calls originating on both the Legacy 
Level 3 and Legacy Global Crossing networks.  Level 3 will utilize the following 
route options on a commercially reasonable basis:  
Federal Communications Commission DA 13-371
8
(i) The Legacy Level 3 Feature Group Network;
(ii) Legacy Level 3’s Co-carrier Network; or  
(iii) Select Intermediate Providers.  Intermediate Providers used to route 
Enterprise and Wholesale Customer Calls will be monitored and, to the 
extent commercially reasonable, will be included in these route options only 
if a vendor maintains a Call Completion Rate adequate to allow Level 3 to 
meet its commitments under this Consent Decree.  
(d) Intermediate Provider Monitoring and Follow Up.  Level 3 will monitor the 
performance of Intermediate Providers used to route Wholesale Customer Calls 
placed through the Legacy Level 3 network, and Enterprise Customer Calls placed 
through the Legacy Level 3 network and the Legacy Global Crossing network, 
downstream from Level 3 as follows:
(i) Level 3 will develop Intermediate Provider scorecards that will contain 
measurements of Intermediate Provider performance in the areas of Post-Dial 
Delay, Network Failure, and Call Completion Rates.  
(ii) Level 3 will identify problematic routes to Intermediate Providers no less 
frequently than once per calendar month.  If an Intermediate Provider does 
not provide adequate performance on a particular route (as reasonably 
determined by Level 3 in light of its obligations under this Consent Decree), 
it will be taken out of the route options for that location in Level 3’s Least 
Cost Routing Engine, provided that other Intermediate Providers offer 
commercially reasonable options for reaching that location.
(iii) If an Intermediate Provider demonstrates sustained inadequate performance 
(as reasonably determined by Level 3 in light of its obligations under this 
Consent Decree), Level 3 shall remove that Intermediate Provider from all 
routes, provided other commercially reasonable Intermediate Provider 
options exist to the routes served by that Intermediate Provider and such
removal is commercially reasonable.  If Level 3 finds that it is not 
commercially reasonable to remove an Intermediate Provider with sustained 
inadequate performance from all routes, Level 3 will notify the Bureau 
within ten (10) days of making that finding.  Level 3 will not reinstate any 
Intermediate Provider removed under this Paragraph until it receives the 
Intermediate Provider’s assurance that it has identified and remedied the 
cause of its previous sustained inadequate performance.  Level 3 will 
carefully monitor any such Intermediate Providers following reinstatement. 
Level 3 shall take all commercially reasonable steps to ensure that its 
relationships with Intermediate Providers are consistent with its obligations 
under this Consent Decree.
(iv) Level 3 will notify any service provider it has reason to believe is causing 
call completion problems, and will work cooperatively with each such 
service provider in analyzing and resolving such problems as soon as 
practicable.
(e) Testing.  Level 3 will cooperate with the FCC and with rural carriers to undertake 
commercially reasonable steps to establish test points and uniform test criteria to 
Federal Communications Commission DA 13-371
9
evaluate rural call completion when monitoring data or when complaints suggest 
potential rural call completion problems. 
(f) 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 Level 3’s obligations under this 
Consent Decree and shall detail the compliance procedures and methods discussed 
above.  Level 3 shall periodically review and revise the Compliance Manual as 
necessary to ensure that the information set forth therein remains current and 
complete.  Level 3 shall distribute any revisions to the Compliance Manual promptly 
to all Covered Employees.
(g) Compliance Training Program.  Level 3 shall establish and implement a 
Compliance Training Program on compliance with the Operating Procedures, 
Compliance Plan, and the other terms of this Consent Decree.  As part of the 
Compliance Training Program, Covered Employees shall be advised of Level 3’s 
obligation to report noncompliance under paragraph 18 of this Consent Decree and 
shall be instructed on how to disclose noncompliance to the Compliance Officer.  
Any new Covered Employee shall be similarly trained.
17. Compliance Reports.  Level 3 will begin work to implement Paragraphs 16(a) through 
16(d) immediately.  Paragraph 16(b) shall be effective beginning October 1, 2013.  Paragraphs 16(c) and 
16(d) shall be effective beginning one-hundred and twenty (120) days after the Effective Date.  Level 3 
shall file Compliance Reports with the Bureau as follows:
(a) Level 3 will report to the Enforcement Bureau its Rural and Benchmark Call 
Completion Rates as described in Paragraph 16(b) pursuant to the following 
schedule: 
(i) The first report shall be submitted on or before January 31, 2014, and will 
cover the period from October 1, 2013 through December 31, 2013.  To the 
extent practicable, Level 3 will also provide a preliminary report of data for 
the Legacy Level 3 network only for the period from July 1, 2013 through 
September 30, 2013 (submitted on or before October 31, 2013).
(ii) For quarterly periods beginning after January 1, 2014, through the 
Termination Date, Level 3 shall submit reports as follows: on or before April 
30, for the preceding January through March; on or before July 31, for the 
preceding April through June; on or before October 31, for the preceding 
July through September, and on or before January 31, for the preceding 
October through December.
(b) In addition to the information required by the Rural Call Quality Commitment in 
Paragraph 16(b), Level 3 will also provide, as part of those reports, Rural and 
Benchmark Call Completion Rates for the following sub-categories:  (i) calls routed 
through Intermediate Providers; and (ii) calls not routed through Intermediate 
Providers.  These sub-categories will not be used in applying the Rural Call Quality 
Commitment.  
Federal Communications Commission DA 13-371
10
(c) The methodology Level 3 will use to implement this Paragraph 17 is described in 
Appendix A to this Consent Decree.  Level 3 will submit any proposed refinements 
to this methodology for approval to the Bureau, and agrees to meet with the Bureau 
at a mutually convenient time should any methodology problems arise.  
(d) For so long as Paragraphs 17(a) and (b) remain in effect, Level 3 will comply with 
and not object to any administrative subpoena from the Bureau requiring it to 
produce the following information concerning Intermediate Providers used by 
Level 3:  (i) Intermediate Provider scorecards prepared pursuant to Paragraph 
16(d)(i); and (ii) Intermediate Provider Call Completion Rates, in the form set forth 
in Appendix B of this Consent Decree, for the reporting periods set forth in 
Paragraph 17(a).  Level 3 may request confidential treatment, pursuant to 47 C.F.R. 
§ 0.459, of any such information produced.  Notwithstanding the foregoing, Level 3 
consents to the Bureau’s disclosure of any information provided in response to such 
an administrative subpoena to the Intermediate Provider to which that information 
pertains.  The Parties shall meet and confer regarding the information provided 
pursuant to this Paragraph 17(d), by telephone or in person, at a mutually convenient 
time. 
18. Reporting Noncompliance.  Level 3 shall report any noncompliance with Paragraph 
16(d) through 16(g) 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 Level 3 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 Level 3 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 
3-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 Margaret Dailey at Margaret.Dailey@fcc.gov.  
19. Termination Date.  Unless stated otherwise, the obligations set forth in Paragraphs 15 
through 18 in this Consent Decree shall expire either (a) when Level 3 has satisfied the Rural Call Quality 
Commitment for eight (8) consecutive reporting periods (two (2) years) or (b) three (3) years after the 
Effective Date, whichever shall occur first.  
20. Voluntary Contribution.  Level 3 agrees that it will make voluntary contributions to the 
United States Treasury as follows:
(a) Level 3 shall make a voluntary contribution (Voluntary Contribution) in the 
aggregate amount of nine hundred and seventy-five thousand dollars ($975,000) in 
three installments (Installment Payments), each in the amount of three hundred 
twenty-five thousand dollars ($325,000), on the following payment schedule: the 
first Installment Payment is due within thirty (30) calendar days after the Effective 
Date; the second Installment Payment is due within one hundred eighty (180) 
calendar days after the Effective Date; and the third Installment Payment is due
within one year of the Effective Date.  
(b) For each quarterly reporting period described in Paragraph 17(a) beginning on or 
after October 1, 2013, if Level 3 fails to meet the Rural Call Quality Commitment 
under Paragraph 16(b), Level 3 shall make an additional voluntary contribution to the 
United States Treasury (Additional Voluntary Contribution) of one million dollars 
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($1,000,000) within thirty (30) days after the filing of the report pursuant to 
Paragraph 17(a) documenting such failure.
(c) Level 3 acknowledges and agrees that upon execution of this Consent Decree, the 
Voluntary Contribution and each Installment Payment shall become a “Claim” or 
“Debt” as defined in 31 U.S.C. § 3701(b)(1).
21
  Level 3 further acknowledges and 
agrees that each Additional Voluntary Contribution shall become a “Claim” or 
“Debt” as defined in 31 U.S.C. § 3701(b)(1) on the date Level 3 files a quarterly 
report under Paragraph 17(a) documenting that it failed to meet the Rural Call 
Quality Commitment in Paragraph 16(b).  Upon an Event of Default (as defined in 
Paragraph 21 below), all procedures for collection as permitted by law may, at the 
Commission’s discretion, be initiated.  In addition, Level 3 agrees that it will make 
the first and all subsequent Installment Payments and Additional Voluntary 
Contributions in United States Dollars without further demand or notice by the dates 
specified above.  
(d) Level 3 shall also send electronic notification of each payment to Theresa Z. 
Cavanaugh at Terry.Cavanaugh@fcc.gov and Margaret Dailey at 
Margaret.Dailey@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 Account number and FRN referenced above.  Regardless of the form of payment, 
a completed FCC Form 159 (Remittance Advice) must be submitted.
22
  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 Level 3 will follow based on the form of 
payment it selects:
? 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.  
                                                     
21
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
22
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
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Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
21. Event of Default.  Level 3 agrees that an Event of Default shall occur upon the failure by 
Level 3 to pay the full amount of any Installment Payment under Paragraph 20(a) or Additional Voluntary 
Contribution under Paragraph 20(b) on or before the due date specified in this Consent Decree.  
22. Interest, Charges for Collection, and Acceleration of Maturity Date.  After an Event 
of Default has occurred under this Consent Decree, the then-unpaid amount of the Voluntary Contribution 
or Additional Voluntary Contribution shall accrue interest, computed using the U.S. Prime Rate in effect 
on the date of the Event of Default plus 4.75 percent, from the date of the Event of Default until payment 
in full.  Upon an Event of Default, the then-unpaid amount of the Voluntary Contribution or Additional 
Voluntary Contribution, together with interest, as aforesaid, any penalties permitted and/or required by 
the law, including but not limited to 31 U.S.C. § 3717 and administrative charge(s), plus the costs of 
collection, litigation, and attorneys’ fees, shall become immediately due and payable, without notice, 
presentment, demand, protest, or notice of protest of any kind, all of which are waived by Level 3.  
23. 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 Level 3 or its affiliates 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 Level 3 or its affiliates with the 
Communications Laws.  Notwithstanding the foregoing, for the duration of this Consent Decree and 
except to the extent specific provisions may be invalidated pursuant to Paragraph 25 or superseded
pursuant to Paragraph 26, unless Level 3 violates the terms of this Consent Decree and the Adopting 
Order, the Commission will not initiate another investigation of Level 3 or its affiliates for violations of 
Section 201(b) or 202(a) of the Act with respect to Rural Call Completion Rates and associated practices
in the absence of evidence of impermissible intentional call blocking, except that, notwithstanding the 
foregoing, this Consent Decree does not limit the Commission’s ability to investigate any newly acquired 
network covered by Paragraph 27 below.  
24. Waivers.  Level 3 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.  
Level 3 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, Level 3 and the Commission shall not contest the validity of 
the Consent Decree or of the Adopting Order, and Level 3 shall waive any statutory right to a trial de 
novo.  Level 3 hereby agrees to waive any claims it may have under the Equal Access to Justice Act, 5 
U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.  
25. 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.  
26. 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 Level 3 does not expressly 
consent), that provision will be superseded by such Rule or Commission order.  In particular, the Parties 
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agree that should the Commission adopt any subsequent Rule or order establishing performance standards 
for Rural Call Completion Rates, Level 3 will be held to the same standards (unless specifically waived), 
and Paragraphs 16(b) and 20(b) of this Consent Decree shall be superseded as of the date the non-waived 
performance standards in the Commission Rule or order become effective.  If the Commission establishes 
generally applicable requirements by Rule or order establishing Rural Call Completion reporting 
requirements, Level 3 will comply with those requirements. At Level 3’s request, the Commission and 
Level 3 will meet to discuss and determine whether reporting obligations in this Consent Decree are no 
longer necessary or are unduly burdensome in light of any such new, industry-wide mandatory reporting 
requirements, and Level 3 may petition for a waiver of any such reporting obligations in this Consent 
Decree.  
27. Successors and Assigns; Subsequent Mergers and Acquisitions.  Level 3 agrees that 
the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees.  If 
Level 3 acquires all or a part of another company’s network after the Effective Date, the obligations in 
this Consent Decree shall not apply to the newly acquired network, regardless of the form of any such 
acquisition.
28. Force Majeure.  If a cause beyond Level 3’s reasonable control prevents Level 3 from 
meeting any obligation under this Consent Decree, Level 3 shall not be liable to the Commission or in 
default or breach of this Consent Decree for any delay or failure in performance of any part of this 
Consent Decree but only insofar as such default or breach is caused by such force majeure. If Level 3 
claims that an event releases it from any obligation of the Consent Decree under this Paragraph, Level 3 
will notify the Commission in writing within sixty (60) days of the event’s occurrence.
29. 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 an adjudication on the merits or a factual or legal 
finding or determination regarding any compliance or noncompliance with the Communications Laws. By 
agreeing to this Consent Decree, Level 3 does not admit noncompliance, violation or liability for violating 
the Communications Laws in connection with the matters that are the subject of this Consent Decree, and 
the Bureau does not concede that Level 3 complied with the Communications Laws or that the
Investigation was not well founded.  
30. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.  
31. 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.  
32. Authorized Representative.  The individual signing this Consent Decree on behalf of 
Level 3 represents and warrants that he is authorized by Level 3 to execute this Consent Decree and to 
bind Level 3 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.  
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33. 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 Ryan
Chief Legal Officer
Level 3 Communications, LLC
____________________________
Date 
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APPENDIX A
INITIAL CALL COMPLETION METHODOLOGY
I. Call Completion Formulas
Level 3 will use the following formulas to determine Call Completion Rates.
A. Enterprise Customer Call Completion Formula
Expressed as a Percentage:
100 x Completed Calls / Call Attempts
B. Wholesale Customer Call Completion Formula
Expressed as a Percentage:
100 x Completed Calls / (Call Attempts – Returned Calls)
II. Identification of Call Attempts, Completed Calls and Returned Calls
Call
Attempts
Network Communication that contains a valid Domestic US Area Code 
(as applicable) (NPA), a valid Exchange (NXX) and Station Code received 
from a Level 3 Customer via either dual-tone multi-frequency signaling, a 
SS7 Initial Address Message or SIP Invite Message, that requests a 
communications path to a customer of an Incumbent Telephone Carrier.
Completed Call Any Call Attempt that receives an SS7 Answer Notification Message 
(ANM).
Returned Call Any Call Attempt that is released back to a Wholesale Customer with one 
of the following Release Case or SIP Response Codes:
Q.931 Release 
Cause Code
Description SIP 
Reason 
Code
SIP Reason Code 
Description
2 No Route To Specified Transit Network
3 No Route To Destination
34 No Circuit / Channel Available
38 Network Out Of Order 502 Bad Gateway
41 Temporary Failure 400 Bad Request
41 Temporary Failure 481 Call/Transaction 
Does Not Exist
41 Temporary Failure 500 Server Internal 
Error
41 Temporary Failure 503 Service Unavailable
41 Temporary Failure 504 Server Time-out
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42 Switching Equipment Congestion
44 Requested Circuit Channel Not Available
47 Resource Unavailable, Unspecified
128 [SONUS] Resources Allocation Failure [Mapped 
to Q.931 34]
130 [SONUS] Insufficient Destination Resources 
[Mapped to Q.931 34]
135 [SONUS] Collision Reattempt Exhausted 
[Mapped to Q.931 41]
140 [SONUS] Circuit Endpoint Resource Allocation 
Failure [Mapped to Q.931 34]
III. Identification of Mass-Dialer Customers
“Mass-dialer” means an entity that purchases service from Level 3 where the service is used in 
generating calls through an autodialer as defined at 47 C.F.R. § 64.1200(f)(2) (2013) or software 
providing substantially the same functionality, or any other practice resulting in a large volume of short-
duration calls, such as a telemarketing “boiler-room” operation.  Level 3 will identify as a mass-dialer any 
entity that (1) self-identifies as using such an autodialer or software or (2) Level 3 reasonably determines 
to be placing a large volume of short-duration calls.  
IV. Identification of Wholesale Customers
Paragraph 1(dd) of the Consent Decree defines “Wholesale Customer Calls” to mean “interexchange calls 
from Level 3 Wholesale customers that are not determined by Level 3 to be originating from 
telemarketers or other mass-dialers.”  Paragraph 1(cc) defines “Wholesale” to mean voice 
telecommunications sold by Level 3 to customers that purchase the service and incorporate it into their 
own offerings of telecommunications services, interconnected VoIP services (as defined in 47 C.F.R. § 
9.3) that are terminated on the public switched telephone network, or non-interconnected VoIP services 
(as defined in 47 C.F.R. § 14.10(q)) that are terminated on the public switched telephone network.  
Level 3 will identify Wholesale customers according to whether, for the service for which Level 3 is 
arranging for the termination of that customer’s traffic, (1) Level 3 receives a Federal Universal Service 
Fund Reseller Certification stating that the customer is purchasing service for resale; or (2) Level 3, 
through other means, has a reasonable expectation that the customer is purchasing Level 3’s service to 
incorporate them into the Wholesale customer’s own offerings of telecommunications services, 
interconnected VoIP services that are terminated on the public switched telephone network, or non-
interconnected VoIP services that are terminated on the public switched telephone network.
V. Identification of Enterprise Customers
Enterprise Customers are persons or entities that purchase voice interexchange service from Level 3 that 
are not identified as Mass-Dialer Customers or Wholesale customers.
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APPENDIX B
Month A Month B
Calls 
Attempted
Calls 
Answered
% Calls 
Answered
Calls 
Attempted
Calls 
Answered
% Calls 
Answered
Intermediate 
Provider
x,xxx,xxx y,yyy,yyy zz.z% x,xxx,xxx y,yyy,yyy zz.z%
Intermediate 
Provider A
Non-rural xx,xxx yy,yyy zz.z% xx,xxx yy,yyy zz.z%
Rural xx,xxx yy,yyy zz.z% xx,xxx yy,yyy zz.z%
Intermediate 
Provider B
Non-rural xx,xxx yy,yyy zz.z% xx,xxx yy,yyy zz.z%
Rural xx,xxx yy,yyy zz.z% xx,xxx yy,yyy zz.z%