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Federal Communications Commission DA 16-1125
1
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
T-Mobile USA, Inc.
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)
)
)
)
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File No.:  EB-IHD-15-00018093
Acct. No.: 201632080012
FRN: 0004121760
ORDER
Adopted:  October 19, 2016 Released:  October 19, 2016
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether T-Mobile USA, Inc.  (T-Mobile) 
provided accurate and sufficient disclosures regarding the de-prioritization policy it applies to T-Mobile 
and MetroPCS “unlimited” data plan (UDP) customers, as required by the Open Internet Transparency 
Rule.1 In today’s world, broadband Internet access services continue to revolutionize the way consumers 
live, work, and play.  However, in order for consumers to choose and use the Internet service that best fits 
their needs, they must not be subjected to the caprice of undisclosed restrictions that mislead them or 
contradict representations from providers about their broadband Internet access service.  The 
Transparency Rule requires that consumers receive accurate information that is sufficient for them to 
make informed choices about the purchase and use of broadband Internet access service.  Putting this 
important information in the hands of consumers is critical to a well-functioning, thriving, and 
competitive broadband ecosystem.  Further, the growing importance of smartphones and mobile data 
services in consumers’ lives makes the Commission’s responsibility to ensure that mobile broadband 
providers abide by their obligations to offer clear and truthful information to the public all the more 
critical.2
2. In March 2015, the Bureau opened an investigation into, among other things, T-Mobile’s 
practice of de-prioritizing its T-Mobile and MetroPCS UDP customers during times of network 
“contention.”3 The Bureau’s investigation confirmed that during “contention,” T-Mobile employs a “Top 
  
1 47 CFR § 8.3 (2015).
2 See, e.g., Pew Research Center Home Broadband 2015, by John Horrigan and Maeve Duggan, (Dec. 21. 2015) 
available at http://www.pewinternet.org/2015/12/21/home-broadband-2015/ (finding that “smartphones have rapidly 
become a staple for many Americans” and that 68% of Americans now have a smartphone, an increase from 55% 
two years ago). The 2015 Open Internet Order provides that consumers increasingly rely on mobile broadband 
Internet access service (BIAS) for internet access especially among certain demographic groups, including low 
income and rural consumers, and communities of color.  See Protecting and Promoting the Open Internet, GN 
Docket No. 14-29, Report and Order on Remand, Declaratory Ruling and Order, 30 FCC Rcd 5601, 5636-37, para. 
90 (2015) (2015 Open Internet Order).
3 See Letter from Jeffrey J. Gee, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to 
Steve Sharkey, T-Mobile US, Inc. (Mar. 16, 2015).  “Contention,” according to T-Mobile, occurs “when all 
customers of a given sector of a …cell site (each typically has three sectors) are demanding more radio resources 
than the sector can provide at that instant.”  See T-Mobile Initial LOI Response at 12.  According to T-Mobile, 
network “contention” differs from congestion because congestion occurs when “contention” reaches an extreme 
(continued….)
Federal Communications Commission DA 16-1125
2
3 Percent Policy,” that de-prioritizes the data usage of customers on T-Mobile and MetroPCS UDPs who 
have exceeded a certain threshold of data usage.4  T-Mobile referred to such UDP customers as “heavy 
data users.”  When the Top 3 Percent Policy is applied, a network algorithm controls the heavy data users’ 
network access including, most notably, the speed of their data throughput. 
3. Further, T-Mobile’s public disclosures about the de-prioritization policy prior to June 
2015 were not sufficient to fully inform consumers about limitations imposed on the UDPs, because they 
did not identify the data usage threshold that would trigger application of the policy, did not explain how 
the policy could impact a de-prioritized customer’s ability to use their service, or discuss the data 
throughput speed reduction a de-prioritized customer could experience.  
4. During the period of this investigation, the Commission received hundreds of complaints 
from subscribers to T-Mobile and MetroPCS UDPs who were unhappy with the de-prioritization policy.  
These customers complained that they were not receiving “unlimited” data as had been sold to them,5 that 
their data throughput speeds after de-prioritization caused their data service to be “unusable” for many 
hours each day,6 that the de-prioritization policy led to them consuming “half” of the data they wanted to 
use,7 or that they had gone to too much trouble changing plans from another carrier to switch again, even 
though they felt misled by T-Mobile.8  In April 2015, a T-Mobile UDP customer complained of feeling 
“stuck” with T-Mobile because they were still on a payment plan for their T-Mobile phone, despite 
“paying $300 a month” for 4 lines of “unlimited data,” yet feeling that T-Mobile wasn’t providing the 
service it advertised.”9 One de-prioritized customer stated that the applications he likes to use to watch 
movies “are now unusable” due to the slow speeds he experiences after being de-prioritized.10  
5. To settle this matter, T-Mobile has committed to the following: 
· T-Mobile will update its disclosures for T-Mobile and MetroPCS plans regarding the de-
prioritization policy, including disclosures on the T-Mobile “Open Internet” webpage, the 
MetroPCS “Network Disclosure” webpage, and the Terms and Conditions provided to 
customers purchasing UDPs under either the T-Mobile or MetroPCS brands;
· In all sale, advertising and marketing materials for UDPs for T-Mobile and MetroPCS 
brands, T-Mobile will clearly and conspicuously disclose material restrictions on the 
amount and speed of data.  Alternatively, T-Mobile will (1) cease using the term 
“unlimited” to label UDPs subject to congestion management techniques that may result 
(Continued from previous page)    
level, such that “all new customers accessing that sector will fail at the same rate and Internet access for the current 
users will begin failing.”  Id.
4 According to T-Mobile’s website, application of the Top 3% Policy is based on a customer’s cumulative data 
usage in a billing cycle.
5 See, e.g., Complaint No. 15-C-00254361 (Apr. 23, 2015); Complaint No. 15-C-00426516 (Jul. 25, 2015); 
Complaint No. 15-C-00548461 (Sept. 24, 2015).
6 See, e.g., Complaint No. 15-C-00492635 (Aug. 26, 2015) (Customer complaining that their data was slowed to 
“unusable” after 21GB and providing eight speed tests at various times of day to support their complaint); 
Complaint No. 15-C-00462772 (Aug. 11, 2015) (UDP customer complains for being slowed after using 21GB of 
data, experiences 200 Kbps downstream and 13 Mbps upstream for every speed test run at the end of the billing 
cycle; Complaint No. 15-C-00915270 (Apr. 15, 2016) (UDP customer complains of speeds as low as 56 Kbps when 
de-prioritized, stating that “it can take as much as 10 minutes to load a simple web page and Google.com will not 
load at all.”).
7 See, e.g., Complaint No. 15-C-00255641 (Apr. 24, 2015).
8 See, e.g., Complaint No. 15-C-00259941 (Apr. 27, 2015).
9 Complaint No. 15-C00259073 (Apr. 27, 2015).
10 Complaint No. 15-C-00505426 (Sept. 2, 2015).
Federal Communications Commission DA 16-1125
3
in consumers experiencing data at speeds below those advertised for the plan, or (2) 
eliminate subscribers of UDPs from the pool of T-Mobile customers subject to 
prioritization policies, or (3) change its network algorithms or change the minimum 
expected speeds disclosed for UDPs such that the application of the prioritization policy 
does not deprive UDP subscribers of the network resource allocations sufficient to 
achieve the minimum speed expected for the plan; 
· T-Mobile will not misrepresent the performance or central characteristics of any 
unlimited data plan; 
· T-Mobile will provide direct and individual notification to customers when their data 
usage is nearing the threshold necessary to trigger a de-prioritization policy;
· T-Mobile will spend at least $35,500,000 to make certain consumer benefits available to 
current T-Mobile and MetroPCS unlimited data plan customers.  These customers will 
receive a discount of 20% off, up to $20, of the regular price of any in-stock accessory.  
In addition, unlimited data plan customers who also subscribe to a Mobile Internet data 
line, known as a Simple Choice MINT plan under the T-Mobile brand, or a Tablet plan 
under the MetroPCS brand, will automatically receive a free upgrade of 4GB of 
additional data;  
· T-Mobile will also spend at least $5 million dollars plus any unredeemed funds from the 
consumer benefit program, to address the homework gap in low-income school districts. 
T-Mobile will work with eligible public schools to purchase devices that students may 
take home and use for school work, and provide mobile broadband to those devices at no 
cost to the students or their families.  T-Mobile will implement the program in October 
2017, and enroll 5,000 students per quarter, for a total of at least 80,000 students during 
the program’s four year term, provided that funds are available; and   
· T-Mobile will pay a $7,500,000 civil penalty. 
6. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
referenced investigation regarding T-Mobile’s compliance with Section 8.3 of the Commission’s rules.11
7. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of T-Mobile’s basic qualifications to hold or obtain any Commission license or 
authorization.12
8. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act13 and the 
authority delegated by Sections 0.111 and 0.311 of the Rules,14 the attached Consent Decree IS 
ADOPTED and its terms incorporated by reference.
9. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
  
11 47 CFR § 8.3.
12 See 47 CFR § 1.93(b).
13 47 U.S.C. § 154(i).
14 47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 16-1125
4
10. 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 Jamie Gorelick, Esq, Wilmer Cutler 
Pickering Hale and Dorr LLP, 1875 Pennsylvania Avenue, NW, Washington, DC 2006, and David H. 
Solomon, Esq., Wilkinson, Barker, Knauer LLP, 1800 M Street, NW, Suite 800N, Washington, D.C.  
20036.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief 
Enforcement Bureau
Federal Communications Commission DA 16-1125
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
T-Mobile USA, Inc.
)
)
)
)
File No.:  EB-IHD-15-00018093
Acct. No.:  201632080012
FRN:  0004121760
CONSENT DECREE
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission 
(Commission or FCC) and T-Mobile USA, Inc. (T-Mobile), by their authorized representatives, hereby 
enter into this Consent Decree for the purpose of terminating the Bureau’s investigation concerning 
whether T-Mobile violated Section 8.3 of the Commission’s rules (Rules), the Open Internet 
Transparency Rule (Transparency Rule or Rule).1
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.2
(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) “Clear and Conspicuous” means a statement is disclosed in such size, color, contrast, 
location, duration, and/or audibility that it is readily noticeable, readable, 
understandable, and, with respect to audio, capable of being heard.  A statement may 
not contradict or be inconsistent with any other information with which it is 
presented.  If a statement modifies, explains, or clarifies other information with 
which it is presented, then the statement must be presented in proximity to the 
information it modifies, explains, or clarifies, in a manner that is readily noticeable, 
readable, and understandable, and not obscured in any manner.  In addition:
i. An audio disclosure must be delivered in a volume and cadence sufficient for a 
consumer to hear and comprehend it;
ii. A text message, television, or Internet disclosure must be of a type size, location, 
and shade and remain on the screen for a duration sufficient for a consumer to 
read and comprehend it based on the medium being used; and
iii. Disclosures in a print advertisement or promotional material, including, but 
without limitation, a point of sale display or brochure materials directed to 
consumers, must appear in a type size, contrast, and location sufficient for a 
consumer to read and comprehend them.
  
1 47 CFR § 8.3.  T-Mobile USA, Inc. is a wholly owned subsidiary of T-Mobile US, Inc., the recipient of the 
Bureau’s LOI. 
2 47 U.S.C. § 151 et seq.
Federal Communications Commission DA 16-1125
2
(e) “Close Proximity To” means on the same print page, web page, online service page, 
or other electronic page, and very near to the triggering representation, and not 
accessed or displayed through hyperlinks, pop-ups, interstitials, or other means.  In 
an interactive electronic medium (such as a mobile app or other computer program), 
a visual disclosure that cannot be viewed at the same time and in the same viewable 
area as the triggering representation, on the technology used by ordinary consumers, 
is not in Close Proximity To.
(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 T-Mobile is 
subject by virtue of its business activities, including but not limited to the Open 
Internet Rules.
(h) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at Paragraph 16.
(i) “Covered Employee” means employees and agents of T-Mobile who, as a 
substantial part of their regular responsibilities, are responsible for performing, 
supervising, overseeing, or managing the performance of duties that relate to T-
Mobile’s responsibilities under this Consent Decree. 
(j) “Customer Representative” means any sales or customer service representative or 
other employee or agent, including third parties, who, as a substantial part of their 
regular responsibilities, deals with customer inquiries for the T-Mobile and 
MetroPCS brands.
(k) “Eligible Customers” means T-Mobile and MetroPCS-branded customers subscribed 
to UDPs as of 30 days prior to the date that T-Mobile begins sending notices 
pursuant to subparagraph 16(e)(i)(c).
(l) “Effective Date” means the date by which the Bureau and T-Mobile have signed this 
Consent Decree.
(m) “Investigation” means the investigation commenced by the Bureau in EB-IHD-15-
00018093 with the LOI regarding whether T-Mobile violated the Transparency Rule 
with respect to, among other things, its Top 3 Percent Policy disclosures.  
(n) “LOI” means the Letter of Inquiry issued by the Bureau to T-Mobile US, Inc. on 
March 16, 2015, concerning, among other things, the Company’s disclosures to T-
Mobile and MetroPCS unlimited high speed Mobile Data Plan customers who were 
subject to the Top 3 Percent Policy during times and in places experiencing network 
congestion.  
(o) “Mobile Data” means wireless broadband Internet access service using licensed 
spectrum delivered to phones or other devices.
(p) “Mobile Data Plans” means consumer plans sold to the general public for T-Mobile-
and MetroPCS-branded Mobile Data service. 
(q) “Open Internet Rules” means, collectively, the Rules in sections 47 CFR Part 8, and 
the related published and promulgated orders and decisions of the Commission.  
(r) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by T-Mobile to implement the Compliance Plan set 
forth in Paragraph 16. 
(s) “Parties” means T-Mobile and the Bureau, each of which is a “Party.”
Federal Communications Commission DA 16-1125
3
(t) “Prioritization Policy” means the Top 3 Percent Policy and any other similar 
congestion management technique that, during times and in places of network 
contention or congestion, prioritizes the network resource allocation of some 
customers over other customers based on prior data usage. 
(u) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(v) “T-Mobile” or “Company” means T-Mobile USA, Inc. and its United States 
affiliates, subsidiaries, and successors-in-interest with respect to the T-Mobile and 
MetroPCS brands.
(w) “Transparency Rule” means Section 8.3 of the Commission’s rules.3
(x) “Top 3 Percent Policy” means prioritizing the data usage of T-Mobile and 
MetroPCS customers who, based on recent historical averages, use more data in a 
billing cycle than 97 percent of all customers, below the data usage of those other 
customers, during times and in places of network contention. 
(y) “Unlimited Data Plan” or “UDP” means a T-Mobile-branded or MetroPCS-branded 
Mobile Data Plan marketed and sold as “unlimited” without other quantifications.  
Mobile Data Plans that have a set amount of high speed data, such as 4 GB, 
followed by a speed reduction thereafter, or Mobile Data Plans that have unlimited 
data at a fixed speed below 4G speeds (e.g., an unlimited 3G plan or a plan with 
unlimited data at 3Mbps) are not considered UDPs.  The T-Mobile “ONE” and T-
Mobile “ONE Plus” plans are considered UDPs for purposes of this Consent 
Decree.4
II. BACKGROUND
3. The Commission adopted the Transparency Rule in the 2010 Open Internet Order.5 The 
Rule requires that providers of broadband Internet access shall “publicly disclose accurate information 
regarding the network management practices, performance, and commercial term” of its service, 
“sufficient for consumers to make informed choices regarding use of such services and for content, 
application, service, and device providers to develop, market, and maintain Internet offerings.”6 The 
Transparency Rule applies to every provider of broadband Internet access service (BIAS) in the United 
States, including mobile BIAS providers like T-Mobile.7  
4. In describing the requirements of the Rule, the Commission stated that “the best approach 
is to allow flexibility in implementation of the Transparency Rule, while providing guidance regarding 
effective disclosure models.  We expect that effective disclosures will likely include some or all of the 
following types of information, timely and prominently disclosed in plain language: (i) network practices, 
  
3 47 CFR § 8.3.
4 Though the Parties have agreed that the “T-Mobile ONE” and the “T-Mobile ONE Plus” plans, launched 
September 1, 2016, are UDPs for the prospective relief in the Compliance Plan at Paragraph 16, this Investigation 
had effectively concluded by the time these plans were announced.  With respect to these plans and for restrictions 
and limitations on the use of Mobile data for tethering applications, the FCC reserves any and all claims, other than 
the ones that are the subject of the Investigation and this Consent Decree.
5 Preserving the Open Internet; Broadband Industry Practices, GN Docket No. 09-191, WC Docket No. 07-52,
Report and Order, 25 FCC Rcd 17905 (2010) (2010 Open Internet Order or Order), aff’d in part, vacated and 
remanded in part sub nom. Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014) (affirming the Transparency Rule).
6 47 CFR § 8.3.
7 Id.
Federal Communications Commission DA 16-1125
4
including descriptions of congestion management practices; (ii) performance characteristics, such as 
expected and actual access speed and latency; and (iii) commercial terms, such as monthly prices, usage-
based fees, and fees for early termination or additional network services.”8 With regard to the disclosure 
of network congestion management practices, the Commission identified: “As applicable, descriptions of 
congestion management practices; types of traffic subject to practices; purposes served by practices; 
practices’ effects on end users’ experience; criteria used in practices, such as indicators of congestion that 
trigger a practice, and the typical frequency of congestion; usage limits and the consequences of 
exceeding them; and references to engineering standards, where appropriate.”9 Broadband providers 
“must, at a minimum,” prominently display or provide links to these disclosures “on a publicly available, 
easily accessible website that is available to current and prospective end users . . . .”10  
5. Subsequently, in the 2015 Open Internet Order, released March 12, 2015 and effective 
June 12, 2015, the Commission, quoting the 2014 Transparency Rule Enforcement Advisory issued by 
the Bureau, further stated that the Transparency Rule “prevents a broadband Internet access provider from 
making assertions about its service that contain errors, are inconsistent with the provider’s disclosure 
statement, or are misleading or deceptive.”11 The Commission further said that the Transparency Rule 
“can achieve its purpose of sufficiently informing consumers only if advertisements and other public 
statements that broadband Internet access providers make about their services are accurate and consistent 
with any official public disclosure that providers post on their websites or make available in stores or over 
the phone.”12 The Commission also stated: “Thus, ‘a provider making an inaccurate assertion about its 
service performance in an advertisement, where the description is most likely seen by consumers, could 
not defend itself against a Transparency Rule violation by pointing to an ‘accurate’ official disclosure in 
some other public place.’”13 The Commission said that “allowing such defenses would undermine the 
core purpose of the Transparency Rule.”14  
6. On March 16, 2015, the Bureau sent a Letter of Inquiry (LOI) to T-Mobile seeking 
information about, among other things, the disclosures T-Mobile made to its T-Mobile and MetroPCS-
branded customers who were subject to de-prioritization policies during times and in places experiencing 
network “contention.”15 The Company responded to the LOI on April 15, 2015.  The Company 
responded to a number of formal and informal follow-up inquiries.
7. The Bureau’s investigation confirmed that, under the Top 3 Percent Policy, during times 
that the network is experiencing “contention,” T-Mobile de-prioritizes the data usage of UDP heavy user 
T-Mobile and MetroPCS-branded customers below that of other customers.  When the Top 3 Percent 
Policy is applied, a network algorithm directs the “heavy data users” network experience, most notably, 
  
8 2010 Open Internet Order, 25 FCC Rcd at 17938-39, para. 56.
9 Id. at 17939-40, para. 57.
10 Id. at 17938-39, para. 56.
11 See Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order,
FCC 15-24, para. 160 (rel. Mar. 12, 2015) (2015 Open Internet Order) (discussing 2010 Transparency Rule and 
quoting the 2014 Transparency Rule Enforcement Advisory).  
12 Id. (quoting 2014 Transparency Rule Enforcement Advisory).
13 Id. (quoting 2014 Transparency Rule Enforcement Advisory).
14 Id. 
15 The Company uses the term “contention” in the context of network management of its broadband Internet access 
services.  “Contention,” according to T-Mobile, occurs “when all customers of a given sector of a …cell site (each 
typically has three sectors) are demanding more radio resources than the sector can provide at that instant.”  
According to T-Mobile, network “contention” differs from congestion because congestion occurs when “contention” 
reaches an extreme level, such that “all new customers accessing that sector will fail at the same rate and Internet 
access for the current users will begin failing.”  See T-Mobile Initial LOI Response at 11-12.
Federal Communications Commission DA 16-1125
5
the speed of their data throughput.  While all customers accessing the network at a “contended” cell sector 
will experience some reduction of network performance, all other factors being equal, the record shows 
that a customer subject to the Top 3 Percent Policy may be allocated substantially fewer network 
resources than a customer who is not.  For the de-prioritized customer, this may mean even further 
reduced speed and quality of service during times and at places of network contention. 
8. The Commission said in the AT&T Transparency Rule NAL that the “imposition of set 
data thresholds and significant speed reductions is antithetical to the term ‘unlimited.’”16 The AT&T 
policy for 4G consumers at issue in the AT&T Transparency Rule NAL had a set data threshold and a 
significant, pre-determined speed reduction after the threshold was reached independent of congestion.17  
Unlike the A&T policy, the T-Mobile policy at issue in this Investigation did not have a pre-determined 
speed reduction, and the actual amount of the speed reduction, if any, would vary based on many factors, 
and only occurred in times and places where the network experienced congestion.  The Bureau believes 
that for some consumers the speed reduction would have been significant; T-Mobile disagrees. 
9. The Bureau further believes that T-Mobile’s older disclosures about the Top 3 Percent 
Policy were lacking.  From August 2014 until June 12, 2015, T-Mobile’s disclosures did not inform 
consumers of the specific data usage threshold that would trigger the “heavy data user” flag under the Top 
3 Percent Policy.  Further, the disclosures did not explain how the application of the Top 3 Percent Policy 
could potentially impact a customer’s ability to use data services, nor did they discuss the data throughput 
speed reduction a customer could experience under the Policy.  The disclosures also gave no indication 
about what kinds of data services and applications could be impaired by the reduced resources.   
10. The Company’s disclosures about its Top 3 Percent Policy were significantly improved 
beginning in June 2015.  The revised disclosures include language that provides consumers with more 
information about when the policy is triggered and how de-prioritized customers can expect their use to 
be affected.  For instance, the June 2015 disclosures began indicating the data usage threshold necessary 
to trigger the Top 3 Percent Policy, e.g., 25 GB, rather than telling customers that it would be triggered 
when the customer used “more data than what 97% of other customers use” based on historical use.  This 
clear data usage marker allows customers to monitor and anticipate if and when they may be subject to 
de-prioritization.  Further, beginning in June 2015, the online disclosures for the Top 3 Percent Policy 
state that customers “will have their data usage deprioritized”; this definitive language differs from the 
pre-June 2015 disclosures, which stated that customers “might in some case have their data usage 
prioritized.”  Finally, the June 2015 disclosures state that affected customers “will likely see significant 
reductions in data speeds, especially if they are engaged in data-intensive activities.”  Prior to June 2015, 
the disclosures lacked such a detailed indication of the effects of the de-prioritization policy on customer 
usage, only stating that the data throughput of flagged data users would be de-prioritized below other 
customers during network contention.  Combined, these modifications increase consumers’ knowledge 
about the operation and effect of the policy, allowing them to make more informed choices in selecting 
and using their UDP.
III. TERMS OF AGREEMENT
11. Adopting Order.  The parties agree that the provisions of this Consent Decree shall be 
subject to final approval by incorporation of such provisions by reference in the Adopting Order.
12. Jurisdiction.  For the purposes of this Consent Decree, T-Mobile agrees that the Bureau 
has jurisdiction over it and the matters contained in this Consent Decree and has the authority to enter into 
and adopt this Consent Decree.
  
16 AT&T Mobility, LLC, 30 FCC Rcd 6613, 6619, para. 19 (2014) (AT&T Transparency Rule NAL).   
17 Id.
Federal Communications Commission DA 16-1125
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13. 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 Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
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 as to the Top 3 Percent Policy.  In consideration for the termination of the 
Investigation as to the Top 3 Percent Policy, T-Mobile agrees to the terms, conditions, and procedures 
contained herein.  The Bureau further agrees that, in the absence of new material evidence, it will not use 
the facts developed in the Investigation as to the Top 3 Percent Policy 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 T-Mobile 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 as to the Top 3 Percent Policy through the Effective Date, or the 
existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or to 
set for hearing the question of T-Mobile’s basic qualifications to be a Commission licensee or hold 
Commission licenses or authorizations.18
15. Compliance Officer.  Within thirty (30) days after the Effective Date, T-Mobile 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 T-Mobile complies with the terms and conditions of the Compliance Plan and the 
other provisions of this Consent Decree.  In addition to the general knowledge of the Communications 
Laws necessary to discharge his or her duties under this Consent Decree, the Compliance Officer shall 
have specific knowledge of the Open Internet Rules prior to assuming his/her duties. 
16. Compliance Plan.  For the purpose of settling the matters set forth herein, T-Mobile 
agrees that it shall, no later than sixty (60) days after the Effective Date, develop and implement 
Operating Procedures designed to ensure future compliance with the terms and conditions of this Consent 
Decree.  Pursuant to these Operating Procedures, T-Mobile will implement, at a minimum, the following:
(a) Disclosures about T-Mobile’s Prioritization Policy.  T-Mobile shall, no later than 
ninety (90) days after the Effective Date, revise its public disclosures identified in (i) 
below regarding its Prioritization Policy in the following manner:
i. Disclosures to be updated. The disclosure requirements that follow shall be 
made on (1) the T-Mobile “Open Internet” web page, (2) the MetroPCS 
“Network Disclosure” web page, and (3) the Terms and Conditions 
accessible by customers purchasing UDPs under either the T-Mobile or 
MetroPCS brands as available on the T-Mobile and MetroPCS web pages.  
ii. Minimum information required.  At a minimum, to the extent they do not 
already do so, such disclosures shall provide the following additional 
information about the Prioritization Policy and how they may affect the 
Company’s Mobile Data Plan offerings: 
a. The purpose of the policy, which users or plans may be affected, the 
triggers that activate the use of the practice, the types of traffic that are 
subject to the practice, and the practice’s likely effects on the customers’ 
experience; and
  
18 See 47 CFR § 1.93(b).
Federal Communications Commission DA 16-1125
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b. That the Prioritization Policy may occasionally result in speeds below 
disclosed 4G LTE speeds under certain circumstances, if it is not 
otherwise covered in other disclosures.
iii. At the time of publication, T-Mobile shall provide a copy of its updated 
disclosures to the Bureau.
(b) Direct and Individual Notification.  T-Mobile shall, no later than sixty (60) days 
from the Effective Date, implement a process to make direct and individual 
notifications to customers who are likely to exceed the threshold and experience 
reduced speeds due to the Prioritization Policy when their data usage is nearing the 
threshold necessary to trigger the Prioritization Policy.  The notification (including 
appropriate links) shall provide the customer with sufficient information and time to 
consider adjusting his/her usage to avoid the application of the Prioritization Policy. 
All notifications will be made either at the Billing Account Number level, i.e., to the 
account holder, or to individual lines. 
(c) Consumer Broadband Label.  No later than ninety (90) days from the Effective 
Date, for all consumer Mobile Data Plans sold to the general public under its T-
Mobile and MetroPCS brands, T-Mobile shall use the Commission’s “Consumer 
Broadband Label”19 in conjunction with its online Open Internet disclosures on the 
T-Mobile “Open Internet” web page and the MetroPCS “Network Disclosure” web 
page. 
(d) Mobile Data Plan Disclosures and Use of the Term “Unlimited”  
i. No later than thirty (30) days after the Effective Date, T-Mobile shall ensure 
that the Company’s sales, advertising, and marketing materials regarding 
any Unlimited Data Plan comply with the following:
a. The materials shall not make any representation that the amount of 
Mobile Data is unlimited without disclosing, Clearly and Conspicuously 
and in Close Proximity To, all material restrictions (including, but not 
limited to, any Prioritization Policy) on the amount and speed of the 
Mobile Data, except only as provided in (1) below. 
(1) In situations where short form space-constrained digital or 
space-constrained electronic advertising includes a 
representation that the amount of Mobile Data is unlimited, and 
it would be ineffective or impractical to include a Clear and 
Conspicuous disclosure about any material restriction on the 
amount and speed of Mobile Data due to the size of the 
advertising, the advertising shall link directly (“one-click”) to a
digital page that includes a Clear and Conspicuous disclosure 
about the restriction(s) in Close Proximity To the triggering 
representation.20
  
19 See Public Notice, “Consumer and Governmental Affairs, Wireline Competition, and Wireless 
Telecommunications Bureaus Approve Open Internet Broadband Consumer Labels,” 31 FCC Rcd 3358 
(CGB/WCB/WTB 2016).   
20 The Parties anticipate that this exception will be rarely used.
Federal Communications Commission DA 16-1125
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b. The materials shall not misrepresent the performance or central 
characteristics of any Unlimited Data Plan. 
ii. In the alternative to compliance with subparagraph (i)(a) above, T-Mobile 
may choose to implement one of the following options:
a. cease using the term “unlimited” to label UDPs that are subject to 
congestion management techniques that, independent of other factors, 
may result in consumers experiencing data throughput at speeds below 
those advertised for the UDPs; or
b. eliminate subscribers of UDPs from the pool of T-Mobile customers 
subject to any Prioritization Policy; or
c. change its network resource allocation algorithms and/or change the 
minimum expected speed disclosed by the Company for a UDP plan 
such that UDP customers flagged for de-prioritization under any 
Prioritization Policy are not allocated fewer resources than is necessary 
to achieve the minimum expected speed disclosed by the Company for 
that plan.
(e) Consumer Benefits and Investment in Youth Program.  T-Mobile shall fund the 
benefits and program described below.
i. Accessory and Mobile Internet Offers
a. T-Mobile will provide the following Consumer Benefits to Eligible 
Customers:
1. Accessory Discount.  T-Mobile shall provide each Eligible 
Customer a redemption code for 20% off, up to $20, of the 
regular price for any single in-stock accessory, redeemable 
at T-Mobile-owned and operated retail stores and third-
party owned retail stores to the extent such stores sell T-
Mobile products and services exclusively and are 100%  T-
Mobile branded.  As an alternative to setting up such a 
program for in-stock accessory discounts, T-Mobile may set 
up instead a program for online accessory discounts, either 
for T-Mobile-branded customers, MetroPCS-branded 
customers, or both. 
(i.) This Discount is not combinable with other 
promotional offers.  
(ii.) T-Mobile shall provide the redemption code to 
Eligible Customers with no further steps or 
requirement to prove eligibility.
(iii.) For purposes of this subparagraph, an “accessory” 
is a product that does not and cannot include a SIM 
card, i.e., is not connectable to T-Mobile’s or 
another wireless network, and “in-stock” means an 
accessory that is available at any of the stores 
covered by this subparagraph.  For purposes of this 
Accessory Offer, if an in-stock accessory is out of 
Federal Communications Commission DA 16-1125
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stock at a particular covered location, T-Mobile will 
ship it to the customer at no charge.
(iv.) This Offer is effective upon delivery of the notice 
set forth in subparagraph 16(e)(i)(c) and must be 
redeemed within 90 days of receiving that Notice.  
2. Mobile Internet Data.  Eligible Customers also subscribed 
to a Simple Choice Mobile Internet (MINT) data line (T-
Mobile brand) or Tablet Line (MetroPCS brand), or who 
within 90 days after the Notice set forth in subparagraph 
16(e)(i)(c), subscribe to a Simple Choice MINT or Tablet 
Line, will, beginning no later than 90 days of the Notice, or 
of such subscription, as applicable, receive an automatic 
upgrade of 4GB of additional data, which is a one-month, 
one-tier upgrade valued at $15 for T-Mobile customers and 
a two-month, one tier upgrade valued at $20 for MetroPCS 
customers (MINT/Tablet Offer).  With respect to T-Mobile-
branded customers, this data will be eligible for “Data 
Stash,” which will, subject to the terms of Data Stash, 
extend the customers’ ability to use the data for one year 
from provision of the data.  Data will be automatically put 
into each user’s account with no further action required by 
the consumer.  T-Mobile will notify each customer 
receiving this benefit when the additional data is added to 
their account.    
b. Offers Cumulative.  The above Accessory and MINT/Tablet Offers are 
cumulative and both available for each Unlimited 4G LTE line 
subscribed to by an Eligible Customer, e.g., a consumer with two 
Unlimited 4G LTE Mobile Data Plans can benefit from both Offers two 
times, one for each line.  Only one coupon may be used for each 
accessory purchase.  
c. Notice. T-Mobile will, by December 15, 2016, notify all Eligible 
Customers of these Offers by either email or text message (with 
appropriate links), including in Spanish for customers who have 
requested that communications with them be in Spanish.  All 
notifications will be made either at the Billing Account Number level, 
i.e., to the account holder, or to individual lines.  This notice will advise 
Eligible Customers of the availability of MINT and Tablet Lines, and 
provide a direct link to the web page required in subparagraph 16(d) 
below.
d. Web page.  Simultaneously with the Commission’s public 
announcement of this Consent Decree, the Company will create and 
maintain a web page for the T-Mobile brand and the MetroPCS brand 
that will each: provide a clear and plain-English description of the 
applicable Accessory and Mobile Internet Offers, explain when the 
benefits will be available, who will be eligible, and how and when more 
information will be available.  Each webpage will also provide a direct 
link to the web page where the MINT or Tablet Lines can be purchased.  
Once the Notice in subparagraph 16(e)(i)(c) is delivered, each web page 
will provide additional details on how to claim a benefit.  The Bureau 
Federal Communications Commission DA 16-1125
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will advise the Company of the release date at least 48 hours in advance 
for purposes of this paragraph.  
ii. Investment in Youth Program
a. Investment in Youth Program. Within 240 days of the Effective Date, 
T-Mobile will complete the design of an “Investment in Youth” 
Program (Program), whereby T-Mobile will provide free devices and 
free or discounted wireless service to select public schools or public 
school systems over a four-year period, with implementation to begin 
no later than October 1, 2017.
1. T-Mobile will provide the Bureau with a confidential 
summary description of this Program no more than 30 days 
after completion of the design.  The Bureau will provide 
comments to T-Mobile within 30 days of receiving the 
description.  
2. In the alternative, T-Mobile can nominate one or more not-
for-profit organizations that can administer the distribution 
of Investment in Youth funds, either in cash or in in-kind 
devices and services, in accordance with the principles 
outlined in subparagraph 16(e)(ii)(b), below.  Notice of the 
nomination must be given to the Bureau, which has a right, 
within thirty (30) days, to object to the organization 
nominated, in which case T-Mobile will nominate another 
organization subject to the Bureau’s right to object.  
b. Principles.  The Program must adhere to the following four principles: 
(1) the goal of the program must be to “bridge the homework gap;”21 (2) 
the student and the family of the student must not be required to pay any 
money for the device and the wireless service; (3) no public school or 
public school system can participate in the program without a 
commitment to train relevant teachers and administrators in how best to 
utilize the devices and the wireless service; and (4) only schools with a 
student population of 40% or greater enrolled in the free and reduced 
lunch program, and where T-Mobile has 4G LTE coverage over at least 
80% of the school’s geographic enrollment zone, are eligible to 
participate in the program (Eligible Schools). 
c. Program Implementation.  The Program shall be implemented no later 
than October 1, 2017.  If T-Mobile elects to provide free devices and 
free or discounted service to public schools or school systems, 
implementation shall include providing these benefits to no fewer than 
5,000 students at Eligible Schools it has selected.  To the extent 
sufficient funds are available after completion of the Accessory and 
Mobile Internet Offers, T-Mobile will add to the Program a target of at 
least 5,000 students at Eligible Schools on a quarterly basis thereafter, 
for a total of at least 80,000 participating students over a forty-eight (48) 
month period.  At a minimum, the Program shall provide the following:  
  
21 For purposes of this document, the “homework gap” is defined as the digital divide between broadband Internet 
connectivity at school and at home.
Federal Communications Commission DA 16-1125
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1. Free wireless devices and related equipment, that includes, 
for tablets, the ability to access WiFi service, ranging in 
value from $80 to $200, to be selected by the participating 
school or school district;
2. Wireless data service with an amount of high speed data 
equal to two gigabytes (2GB) per month at the fastest speed 
offered on the T-Mobile network, followed by reduced 
speeds for the remainder of the billing cycle, at a price per 
device per month to the school or school district of ten 
dollars ($10).  As the Company’s Mobile Data Plans change 
over the course of the Program, the Company will modify 
as appropriate the amount of high speed data and the price 
to keep pace with technology improvements and 
competitive pricing and to maintain a comparable discount;  
3. Filters that comply with the Children’s Internet Protection 
Act; and
4. Reasonable and appropriate training and technical 
assistance to the participating schools and/or school districts 
free of charge.
d. Waiver of wireless data service charge.  A minimum of 20% of Program 
funds shall be applied to pay for the wireless data service charges for 
schools or school districts that request a waiver of such charges.  T-
Mobile will evaluate the waiver applications and award the waivers to 
the neediest applicants, in its sole discretion.  
e. Duration.  All students receiving a benefit through the Program may 
remain with the program beyond the forty-eight (48) month period, as 
long as they are enrolled in the participating school or school district 
and the school permits them to continue to use the device provided 
under the Program.    
f. Rollover Funds.  Pursuant to subparagraph 16(e)(iii)(c), any rollover 
funds from the Consumer Benefit shall be spent in accordance with the 
Principles as set forth above.  
iii. Financial Commitment for Consumer Benefit and Investment in Youth 
Program.  T-Mobile’s investment in the Accessory Offer, MINT/Tablet 
Offer, and Investment in Youth programs, in aggregate, shall be at least 
$40.5 million, divided in the following manner:
a. T-Mobile’s investment in the Accessory Offer, as measured by the 
dollar value of redeemed discounts, and the MINT/Tablet Offer, as 
measured by the retail value of the free data, in the aggregate is 
expected to be no more than $35.5 million; and
b. T-Mobile’s investment in the “Investment in Youth” Program shall be 
at least $5 million, measured by the 1) retail cost of the devices 
provided to the students and 2) the value of the free wireless data
service described in subparagraph 16(e)(ii)(d) at the rate charged to the 
schools without a waiver.  The value of the discounted wireless data 
Federal Communications Commission DA 16-1125
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service described in subparagraph 16(e)(ii)(c)(2) and any administrative 
expenses incurred by T-Mobile in the development, implementation, 
and operation of the Program shall not count toward T-Mobile’s 
Investment in Youth financial commitment.  
c. To the extent that T-Mobile’s investment in the Accessory Offer and the 
MINT/Tablet Offer is below $35.5 million, the remaining amount shall 
be included in the Investment in Youth Program. 
d. To the extent that T-Mobile’s investment in the Investment in Youth 
Program is below the amount allocated to that program under  
subparagraph 16(e)(iii), or, provided that funds are available, 20,000 
eligible students have not been enrolled in the Program during the first 
twenty-four (24) months during which the Program is open for 
enrollment, T-Mobile will (a) promptly notify the Bureau, and (b) 
provide a proposal, including an assessment of how to make the 
program more competitive so it will result in greater participation by 
Eligible Schools, for spending any Program funds that would have been 
spent had the Program enrollment targets been met.  The Bureau will 
have thirty (30) days to provide comment on the proposal.  Within sixty 
(60) days after receiving comments from the Bureau, T-Mobile will 
modify the Program as appropriate and/or, in order to meet the required 
allocated amount, make a charitable contribution in cash to a not-for-
profit organization that can administer the distribution of these 
Investment in Youth Funds consistent with the principles contained in 
subparagraph 16(e)(ii)(b).  Notice of the selection must be given to the 
Bureau, who has a right, within thirty (30) days, to object to the 
organization selected, in which case T-Mobile will propose another 
organization subject to the Bureau’s right to object.  In addition, and 
provided that funds are available, if 30,000 eligible students have not 
enrolled in the Program during the first thirty-six (36) months that it is 
open for enrollment, the waiver percentage under subparagraph 
16(e)(ii)(d) will increase to 50%.
(f) Training.  T-Mobile shall establish and implement Training Programs for the 
purposes outlined below.  
i. Prioritization Policy Training Program.  For as long as the Prioritization 
Policies remain in effect, for all Customer Representatives, a Training 
Program covering the Company’s Prioritization Policy and related 
disclosures, shall be established, to sufficiently explain the policies to 
customers and potential customers, including the effect of the Prioritization 
Policy on the customers’ experience.  All Customer Representatives shall be 
trained pursuant to the Prioritization Policy Training Program within ninety 
(90) calendar days after the Effective Date, and any T-Mobile employee 
who becomes a Customer Representative at any time after the initial 
Prioritization Training Program shall be trained within thirty (30) days after 
the date such person becomes a Customer Representative.  T-Mobile shall 
repeat this training on an annual basis, and shall periodically review and 
revise the Prioritization Policy Training Program as necessary to ensure that 
it remains current and complete and to enhance its effectiveness.  T-Mobile 
shall also instruct third parties who employ Customer Representatives to 
conduct the same Training Program.
Federal Communications Commission DA 16-1125
13
a. As part of its evaluation of the effectiveness of the Prioritization Policy 
Training Program, T-Mobile shall conduct regular random spot checks 
of its Customer Representatives who are employees to ensure that they 
are adequately and accurately answering questions about the 
Prioritization Policy, and instruct third parties that employ Customer 
Representatives to do likewise.
ii. Compliance Training Program.  For all Covered Employees, a Compliance 
Training Program about T-Mobile’s responsibilities under this Consent 
Decree shall be established.  As part of the Compliance Training Program, 
these Covered Employees shall be advised of T-Mobile’s obligation to 
report any noncompliance with this Consent Decree under Paragraph 17 of 
this Consent Decree and shall be instructed on how to disclose 
noncompliance to the Compliance Officer or his designees.  All Covered 
Employees shall be trained pursuant to the Compliance Training Program 
within sixty (60) days after the Effective Date, and, any person who 
becomes a Covered Employee at any time after the initial Compliance 
Training Program shall be trained within thirty (30) days after the date such 
person becomes a Covered Employee.  T-Mobile shall repeat 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.  T-Mobile shall also instruct 
third parties who employ Covered Employees to conduct the same Training 
Program.
17. Reporting Noncompliance.  T-Mobile shall report any material noncompliance with the 
terms and conditions of this Consent Decree (including the Compliance Plan) within fifteen (15) days 
after discovery of such noncompliance.  Such reports shall include a detailed explanation of: (1) each 
instance of such noncompliance; (2) the steps that T-Mobile has taken or will take to remedy such 
noncompliance; (3) the schedule on which such remedial actions will be taken; and (4) the steps that T-
Mobile has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
noncompliance shall be submitted to Chief, Investigations and Hearings Division, Enforcement Bureau, 
Federal Communications Commission, 445 12th Street, SW, Room 4-C224, Washington, DC 20554, with 
a copy submitted electronically to Jeffrey.Gee@fcc.gov. 
18. Compliance Reports.  T-Mobile shall file compliance reports with the Commission one 
hundred twenty (120) calendar days after the Effective Date, and on a semi-annual basis each one 
hundred eighty days (180) thereafter until this Consent Decree has terminated, detailing the steps taken by 
T-Mobile to implement this Consent Decree and identify problems encountered during implementation.    
(a) Each Compliance Report shall include a detailed description of T-Mobile’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and should also include the following information: 
i. A redline version showing any revisions to the T-Mobile or MetroPCS 
disclosures in subparagraph 16(a) relating to the Prioritization Policies and a 
redlined version showing any revisions to the T-Mobile or MetroPCS 
Consumer Broadband Label;
ii. A detailed description of the implementation of the Investment in Youth 
Program, the amount allocated to the Program, the number of students and 
schools that received the benefit, the value and purpose of the benefit 
disbursed by T-Mobile, the number of schools that applied for a waiver and 
the number of and basis for granted waivers, any changes to the amount or 
price of high speed data pursuant to subparagraph 16(e)(ii)(c)(2), and a 
Federal Communications Commission DA 16-1125
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description of how the benefits disbursed advanced the principles of the 
Investment in Youth Program;
iii. For Compliance Reports submitted to the Commission during calendar year
2017, a detailed description of the notifications to the Eligible Customers 
relating to the Consumer Benefits, the number of Eligible Customers 
exercising the Accessory Offer and receiving benefits relating to a 
MINT/Tablet line, and the value of each of these benefits; and
iv. Within sixty (60) days of the conclusion of the forty-eight (48) month period 
of the Investment in Youth program, a report summarizing the program, 
lessons learned, and other information regarding the best ways to bridge the 
“Homework Gap.”  
In addition, each Compliance Report shall include a certification by the Compliance 
Officer, as an agent of and on behalf of T-Mobile, stating, on the basis of personal 
knowledge, that (i) T-Mobile has implemented the Compliance Plan, and (ii) he/she is not 
aware of any instances of material noncompliance with the terms and conditions of this 
Consent Decree, including the reporting obligations set forth in Paragraph 17 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 therein.22
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of T-Mobile, shall provide the Commission 
with a detailed explanation of the reason(s) why and describe fully: (i) each instance 
of material noncompliance; (ii) the steps that T-Mobile 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 T-Mobile 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 and Hearings 
Division, Enforcement Bureau, Federal Communications Commission, Room 4-
C330, 445 12th Street, SW, Washington, DC 20554, with a copy submitted 
electronically to Jeffrey.Gee@fcc.gov. 
19. Termination Date. Unless stated otherwise, the requirements set forth in Paragraphs 15 
through 18 of this Consent Decree shall expire forty-eight (48) months after the Effective Date, except 
that the Investment in Youth Program shall continue consistent with the provisions contained in 
subparagraphs 16(e)(ii) and (iii) and subparagraph 18(a)(iv) shall continue until the final report referenced 
in such subparagraph is submitted.  
20. Civil Penalty.  T-Mobile will pay a civil penalty to the United States Treasury in the 
amount of seven million five hundred thousand dollars ($7,500,000).  Payment shall be made within 
thirty (30) days of the Effective Date.  T-Mobile acknowledges and agrees that upon execution of this 
Consent Decree, the civil penalty and each of the Installment Payments individually and collectively shall 
become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).23 Upon an Event of Default (as 
  
22 47 CFR § 1.16.
23 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
Federal Communications Commission DA 16-1125
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defined below), all procedures for collection as permitted by law may, at the Commission’s discretion, be 
initiated.  
21. T-Mobile shall send electronic notification of payment to Jeffrey Gee at 
Jeffrey.Gee@fcc.gov on the dates 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.24 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 that should be followed based on the form of payment selected:
· 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 T-Mobile has questions regarding payment procedures, it may contact the Financial Operations Group 
Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
22. Event of Default.  T-Mobile agrees that an Event of Default shall occur upon the failure 
by T-Mobile to pay the full amount of any Installment Payment on or before the due date specified in this 
Consent Decree.
23. Interest, Charges for Collection, and Acceleration of Maturity Date.  If an Event of 
Default occurs under this Consent Decree, the then-unpaid amount of the civil penalty 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 civil penalty, together with interest, any penalties permitted and/or required by the 
law, including but not limited to 31 U.S.C. § 3717 and administrative charges, 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 T-Mobile.
24. Waivers.  As of the Effective Date, T-Mobile waives any and all rights it may have to 
seek administrative or judicial reconsideration, review, appeal, or stay, or to otherwise challenge or 
contest the validity of this Consent Decree.  T-Mobile shall retain the right to challenge Commission 
interpretation of this 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 Consent Decree or the 
Adopting Order, neither T-Mobile nor the Commission shall contest the validity of the Consent Decree or 
the Adopting Order, and T-Mobile shall waive any statutory right to a trial de novo.  T-Mobile hereby 
  
24 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 16-1125
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agrees to waive any claims it may otherwise have under the Equal Access to Justice Act25 relating to the 
matters addressed in this Consent Decree.
25. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
26. 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.
27. Subsequent Rule or Order.  The Parties agree that if any provision of this Consent 
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which T-Mobile does not expressly 
consent) that provision will be superseded by such Rule or Commission Order.
28. Successors and Assigns.  T-Mobile agrees that the provisions of this Consent Decree 
shall apply to T-Mobile and be binding on its officers, employees, agents, successors, assigns, merged or 
acquired entities, wholly owned subsidiaries, and all other persons or entities acting in concert or 
participation with any of them, who receive actual notice of this Consent Decree.
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.  
30. Modifications.  To the extent circumstances change, T-Mobile may request modification 
of this Consent Decree.  This Consent Decree cannot be modified without the advance written consent of 
all Parties.
31. Paragraph Headings.  The headings of the sections 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.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions.
  
25 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 16-1125
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33. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
David A. Miller 
Executive Vice President, General Counsel and Secretary
T-Mobile USA, Inc.
________________________________
Date