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Federal Communications Commission DA 16-735
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
General Communication, Inc.
)
)
)
)
)
File No.:  EB-SED-15-00020014
Acct. No.:  201632100007
FRN:  0001570951
ORDER
Adopted:  July 5, 2016 Released:  July 6, 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 General Communication, Inc. 
(GCI), in connection with five separate 911 outages in its wireless network between August 2008 and 
April 2016, failed to deploy a 911 system with sufficient safeguards to ensure the completion of 911 calls, 
failed to timely notify emergency call centers in relation to three of these outages, and failed to timely 
submit outage reports to the Commission in relation to four of these outages.  The Commission’s 911 
network reliability, outage notification, and reporting requirements are designed to ensure that reliable 
911 service is available to all Americans at all times and that emergency call centers and the Commission 
are aware of significant 911 outages.  Without access to functional, reliable 911 service, consumers are at 
risk of being unable to complete one of the most important calls they may ever to make – a call to a first 
responder in a time of critical need.  
2. To settle this matter, GCI admits that it violated 911 service reliability and outage 
notification and reporting rules, will implement a compliance plan, and will pay a $2.4 million civil 
penalty.  In assessing the civil penalty, the Bureau has taken into consideration the fact that four of the 
five outages took place in remote locations in Alaska.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
referenced investigation regarding GCI’s compliance with Sections 4.9(e), 20.18(b), 64.3001 and 64.3002 
of the Commission’s rules.
1
4. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of GCI’s basic qualifications to hold or obtain any Commission license or authorization.
2
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act
3
and the 
authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,
4
the attached Consent Decree 
IS ADOPTED and its terms incorporated by reference.
                                                          
1
47 CFR § 4.9(e), 20.18(b), 64.3001 and 64.3002.
2
See 47 CFR § 1.93(b).
3
47 U.S.C. § 154(i).
4
47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 16-735
2
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED in 
accordance with the terms of the attached Consent Decree.  
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to Rick Hitz, Vice President, 
Regulatory Economics and Finance, General Communication, Inc., 2550 Denali Street, Suite 1000, 
Anchorage, AK, 99503, and to counsel for General Communication, Inc., John T. Nakahata, Esq., Harris, 
Wiltshire & Grannis, LLP, 1919 M St., NW, Floor Eight, Washington, DC, 20036. 
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief 
Enforcement Bureau
Federal Communications Commission DA 16-735
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
General Communication, Inc.
)
)
)
)
)
File No.:  EB-SED-15-00020014
Acct. No.:  201532100007
FRN:  0001570951
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and General 
Communication, Inc., by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether General Communication, 
Inc. violated Sections 4.9(e)(5), 20.18(b), 64.3001, and 64.3002 of the Commission’s rules
1
in connection 
with five separate outages of its 911 service.
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) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which General 
Communication, Inc. is subject by virtue of its business activities, including but not 
limited to the 911 Service Reliability and Outage Notification Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 13.
(g) “Covered Employees” means all employees and agents of General Communication, 
Inc., who perform, or supervise, oversee, or manage the performance of, duties that 
relate to General Communication, Inc.’s responsibilities under the Communications 
Laws, including the 911 Service Reliability and Outage Notification Rules, with 
respect to the operation of mobile wireless networks subject to 47 C.F.R. § 20.18.
                                                          
1
47 C.F.R. §§ 4.9(e)(5), 20.18(b), 64.3001, and 64.3002.
2
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 16-735
2
(h) “Effective Date” means the date by which both the Bureau and General 
Communication, Inc. have signed the Consent Decree.
(i) “GCI” means General Communication, Inc. and its affiliates, subsidiaries, 
predecessors-in-interest, and successors-in-interest, to the extent that they are 
operating mobile wireless networks subject to 47 C.F.R. § 20.18.
(j) “Investigation” means the investigation commenced by the Bureau in EB-SED-15-
00020014 regarding whether GCI violated the 911 Service Reliability and Outage 
Notification Rules.
(k) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by GCI to implement the Compliance Plan.
(l) “Parties” means GCI and the Bureau, each of which is a “Party.”
(m) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(n) “911 Service Reliability and Outage Notification Rules” means Sections 4.9(e)(5), 
20.18(b), 64.3001, and 64.3002 of the Commission’s rules and other provisions of 
the Act, the Rules, and Commission orders related to reliable transmission of 911 
calls and notification of the proper authorities when transmission fails.
II. BACKGROUND
3. Pursuant to Section 4.9(e) of the Rules, a wireless communications provider that 
experiences a network outage of at least 30 minutes duration that potentially affects a 911 special facility 
(as defined by paragraph (e) of Section 4.5 of the Rules) must (a) submit a Notification to the 
Commission within 120 minutes of discovery, an Initial Communications Outage Report within seventy-
two hours of discovery, and a Final Communications Outage Report within thirty days of discovery; and 
(b) notify, as soon as possible by telephone or electronic means, any official who has been designated by 
the management of the affected 911 special facility as the provider’s contact person for communications 
outages at that facility.
3
  The provider must convey to that person all available information that may be 
useful to the management of the affected 911 special facility in mitigating the effects of the outage on 
public efforts to communicate with that facility.
4
  The foregoing outage reporting requirements enable the 
Commission, in partnership with the PSAPs, to effectively monitor and oversee the reliability and 
security of the nation’s communications systems, and thus carry out its responsibilities under the 
Communications Act.  
4. Section 20.18(b) of the Rules states that “CMRS providers subject to this section must 
transmit all wireless 911 calls … to a Public Safety Answering Point … pursuant to § 64.3001 of this 
chapter.”
5
  Section 64.3001 of the Rules states that “[a]ll telecommunications carriers shall transmit all 
                                                          
3
47 C.F.R. § 4.9(e).
4
Id.
5
47 C.F.R. § 20.18(b).
Federal Communications Commission DA 16-735
3
911 calls to a PSAP, to a designated statewide default answering point, or to an appropriate local 
emergency authority as set forth in § 64.3002.”
6
  These rules are intended to ensure seamless, ubiquitous, 
and reliable 911-service nationwide and require a wireless communications provider to implement a 911 
system with the fundamental capacity to transmit all 911 calls to a PSAP, including the capability to 
prevent, detect, and quickly resolve outages.
5. GCI voluntarily disclosed to Commission staff that between August 2008 and April 2016, 
it experienced five separate 911 service outages on its wireless network in various regions of Alaska 
(respectively, Outages One, Two, Three, Four and Five and, collectively, the Five 911 Outages).  The 
Five 911 Outages resulted from GCI’s apparent failure to deploy a 911 system with sufficient safeguards 
to ensure the completion of 911 calls across the state, preventing a significant portion of its customers 
from being able to reach first responders to report emergencies during the outages.  In Outages One, 
Three and Four, GCI also failed to timely notify the designated officials of any potentially affected 
emergency call centers of these outages.  In Outages One, Two, Four and Five, GCI also failed to timely 
submit outage notifications and reports to the Commission. 
6. To settle this matter, GCI will pay a fine of $2.4 million.  In assessing the fine, the 
Bureau has taken into consideration the fact that four of the five outages took place in remote locations in 
Alaska.  GCI also will implement a compliance plan to adopt proactive risk management principles 
designed to reduce the likelihood and impact of 911 failures, ensure reliable 911 call completion, and plan 
for and provide timely notification to PSAPs affected by 911 outages. Additionally, GCI will file regular 
compliance reports with the Bureau until the termination of the Consent Decree.
III. TERMS OF AGREEMENT
7. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
8. Jurisdiction.  GCI 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.
9. 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.  
10. 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, GCI 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 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 GCI 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 to set for hearing the
                                                          
6
47 C.F.R. § 64.3001.
Federal Communications Commission DA 16-735
4
question of GCI’s basic qualifications to be a Commission licensee or hold Commission licenses or 
authorizations.
7
11. Admission of Liability.  GCI admits for the purpose of this Consent Decree and for 
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 10 herein,
that its actions that were the subject of the investigation violated the 911 Service Reliability and Outage 
Notification Rules.
12. Compliance Officer.  Within sixty (60) calendar days after the Effective Date, GCI 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 GCI complies with the terms and conditions of the Compliance Plan and 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 911 Service Reliability and Outage Notification Rules prior to assuming his/her duties.
13. Compliance Plan.  For purposes of settling the matters set forth herein, GCI agrees that 
it shall, within one hundred twenty (120) calendar days after the Effective Date, develop and implement a 
Compliance Plan designed to ensure future compliance with the Communications Laws and with the 
terms and conditions of this Consent Decree.  With respect to the 911 Service Reliability and Outage 
Notification Rules, GCI will implement, at a minimum, the following procedures:
(a) Operating Procedures.  Within one hundred twenty (120) calendar days after the 
Effective Date, GCI shall establish Operating Procedures that all Covered 
Employees must follow to help ensure that GCI complies with the 911 Service 
Reliability and Outage Notification Rules.  GCI’s Operating Procedures shall 
include internal procedures and policies specifically designed to ensure that the 
Compliance Processes in paragraph 13(b) are met.  GCI shall also develop a 
Compliance Checklist that describes the steps that a Covered Employee must follow 
to ensure compliance with the 911 Service Reliability and Outage Notification 
Rules.
(b) Compliance Processes.  GCI shall develop and implement processes in the 
evolving 911 environment to (1) Identify risks that could result in disruptions to 911 
service, (2) Protect against such risks, (3) Detect 911 outages, (4) Respond to such 
outages with remedial actions, including notification to affected PSAPs, and 
(5) Recover from such outages on a timely basis.  In this regard, GCI shall: 
i. Within thirty (30) days of the Effective Date, ensure that 911 calls are 
routed despite unavailable location data to PSAPs willing to accept such 911 
calls; 
ii. Within one hundred twenty (120) days of the Effective Date, develop 
measures it deems appropriate to detect disruptions in 911 service in 
                                                          
7
See 47 CFR 1.93(b).
Federal Communications Commission DA 16-735
5
network facilities under its direct control and, within one hundred fifty (150) 
days, develop and submit to the Commission a roadmap with specific 
objectives and timelines for implementing such measures.  The roadmap 
will also address the objective of implementing measures such as call counts 
and traffic measurements to bring 911 outages to the timely attention of GCI 
network operations center (NOC) personnel.
iii. Within thirty (30) calendar days after developing the measures described in 
13(b)(ii), audit the settings of thresholds for detection of disruptions in 911 
service, as discussed above in 13(b)(ii), to ensure that all network elements 
and equipment that should be alarmed have an appropriate threshold set; 
iv. Within one hundred twenty (120) calendar days of the Effective Date, 
establish escalation mechanisms to ensure that indications of impending 
failure are appropriately flagged and considered early enough by personnel 
trained and empowered to take effective actions to prevent or mitigate 911 
system failures; 
v. Contact all PSAPs known to GCI or to the Alaska 911 Coordinator within 
every one of its licensed service areas in which it is operating via e-mail, if 
available and known, or telephone if not, within one hundred (120) calendar 
days of the Effective Date to request contact information for outage 
situations:
1. If a PSAP does not respond to the initial e-mail or telephone
inquiry, GCI will send a follow-up e-mail or make a follow-up 
telephone inquiry within fifteen (15) calendar days;
2. If a PSAP remains non-responsive, GCI will make a telephone 
inquiry within fifteen (15) calendar days after the follow-up email or 
telephone inquiry;
3. If any PSAP does not respond to these inquiries, GCI will provide 
outage information to the contact(s) for such PSAP(s) listed in the 
records maintained by the Alaska 911 Coordinator’s office, and 
send a copy to the Alaska 911 Coordinator within fifteen (15) 
calendar days of the telephone inquiry;
4. Annually, GCI will review and update its list of PSAP contact 
information through the process described in paragraph 13(b)(v)(1)–
(2) above and through reference to periodic updates provided by the 
Alaska 911 Coordinator, and share any updates to GCI’s list of 
PSAP contact information with the Alaska 911 Coordinator;
vi. Develop and submit to the Commission within one hundred twenty (120) 
days of the Effective Date, and implement within one hundred and fifty 
(150) days of the Effective Date, a plan for a PSAP notification system 
sufficient to notify affected PSAPs of 911 outages, including without 
limitation localized 911 outages and 911 outages that are multi-state or 
nationwide in scope; 
vii. Establish a program to make test call to 911 in areas expected to be affected 
by software updates or updates to routing tables that affect 911 call routing. 
Federal Communications Commission DA 16-735
6
In addition, establish a program that includes testing of software updates to 
ensure software updates do not adversely affect 911 calls.  As part of its 
Compliance Plan, GCI shall delineate the scope of equipment subject to its 
testing program, and the types of testing required for each set of equipment.  
A description of this testing regime, the basis for determining the scope of 
such testing, and the basis for not conducting testing on switching 
equipment not tested shall be included in GCI’s initial Compliance Report, 
and any changes, and the reasons for such changes, shall be described in 
subsequent Compliance Reports.
(c) Compliance Manual.  Within one hundred twenty (120) calendar days after the 
Effective Date, the Compliance Officer shall develop and distribute a Compliance 
Manual to all Covered Employees.  The Compliance Manual shall explain the 911 
Service Reliability and Outage Notification Rules and set forth the Operating 
Procedures that Covered Employees shall follow to help ensure GCI’s compliance 
with the 911 Service Reliability and Outage Notification Rules.  GCI shall 
periodically review and revise the Compliance Manual as necessary to ensure that 
the information set forth therein remains current and accurate.  GCI shall distribute 
any revisions to the Compliance Manual promptly to all Covered Employees.
(d) Compliance Training Program.  GCI shall establish and implement a Compliance 
Training Program on compliance with the 911 Service Reliability and Outage 
Notification Rules and the Operating Procedures.  As part of the Compliance 
Training Program, Covered Employees shall be advised of GCI’s obligation to 
report any noncompliance with the 911 Service Reliability and Outage Notification 
Rules under paragraph 14 of this Consent Decree and shall be instructed on how to 
disclose noncompliance to the Compliance Officer.  All Covered Employees shall 
be trained, in a manner commensurate with the scope of their duties and 
responsibilities and pursuant to the Compliance Training Program, according to the 
following schedule:
i. For all Covered Employees located in Anchorage or Fairbanks, other than 
customer service representatives, within thirty (30) calendar days after 
distribution of the Compliance Manual;
ii. For all other Covered Employees, within 60 days after distribution of the 
Compliance Manual;
iii. For any person who becomes a Covered Employee at any time after the 
initial Compliance Training Program shall be trained within sixty (60) 
calendar days after the date such person becomes a Covered Employee;  
iv. GCI 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.
14. Reporting Noncompliance.  GCI shall report any noncompliance with the 911 Service 
Reliability and Outage Notification Rules and with the terms and conditions of this Consent Decree 
within fifteen (15) calendar days after discovery of such noncompliance.  Such reports shall include a 
detailed explanation of: (i) each instance of noncompliance; (ii) the steps that GCI has taken or will take 
Federal Communications Commission DA 16-735
7
to remedy such noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) 
the steps that GCI has taken or will take to prevent the recurrence of any such noncompliance.  All reports 
of noncompliance shall be submitted to Chief, Spectrum Enforcement Division, Enforcement Bureau, 
Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, with a copy 
submitted electronically to Eric.Ehrenreich@fcc.gov and JoAnn.Lucanik@fcc.gov.  
15. Compliance Reports.  GCI shall file compliance reports with the Commission one 
hundred fifty (150) calendar days after the Effective Date, twelve (12) months after the Effective Date, 
twenty-four (24) months after the Effective Date, and thirty-six (36) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of GCI’s efforts during 
the relevant period to comply with the terms and conditions of this Consent Decree and 
the 911 Service Reliability and Outage Notification Rules.  At a minimum, each 
Compliance Report shall address the following:
i. An assessment of the risk of 911 outages, and list the specific efforts taken 
to proactively manage the risk of 911 outages through actions in each of the 
following areas: Identify, Protect, Detect, Respond, and Recover, as set forth 
above in paragraph 13(b).
ii. Specific outage detection mechanisms and failure alarms implemented 
under this Compliance Plan, including an explanation of any other measures 
implemented or proposed to better detect 911 outages of similar scope and 
duration to the Five 911 Outages.
iii. The making of test calls to verify that software and routing updates have not 
caused problems with 911 call routing, as well as testing as described in 
13(b)(vii) to ensure they do not affect 911 calls.
(b) In addition, each Compliance Report shall include a certification by the Compliance 
Officer, as an agent of and on behalf of GCI, stating that the Compliance Officer has 
personal knowledge that GCI: (i) has established and implemented the Compliance 
Plan; (ii) has utilized the Operating Procedures since the implementation of the 
Compliance Plan; and (iii) is not aware of any instances of noncompliance with the 
terms and conditions of this Consent Decree, including the reporting obligations set 
forth in paragraph 14 of this Consent Decree.
(c) 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.
8
  The statement shall address, at a minimum, the topics set forth in paragraph 
15(a)(i) above.
(d) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of GCI, 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 GCI has taken or will take to remedy such 
                                                          
8
47 CFR § 1.16.
Federal Communications Commission DA 16-735
8
noncompliance, including the schedule on which proposed remedial actions will be 
taken; and (iii) the steps that GCI has taken or will take to prevent the recurrence of 
any such noncompliance, including the schedule on which such preventive action will 
be taken.
(e) All Compliance Reports shall be submitted to Chief, Spectrum Enforcement Division, 
Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554, with a copy submitted electronically to Eric Ehrenreich at 
Eric.Ehrenreich@fcc.gov and JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.  A copy of 
each Compliance Report shall also be submitted electronically to Jeffery Goldthorp, 
Associate Bureau Chief for Cybersecurity and Communications Reliability, Public 
Safety and Homeland Security Bureau at Jeffery.Goldthorp@fcc.gov.
16. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 12
through 15 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
17. 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
9
against GCI or its affiliates for alleged violations of the Act, or for any other type 
of alleged misconduct, regardless of when such misconduct took place.  The Commission’s adjudication 
of any such complaint 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 GCI with the Communications Laws.
18. Civil Penalty.  GCI will pay a civil penalty to the United States Treasury in the amount 
of two million four hundred thousand dollars ($2,400,000) within thirty (30) calendar days of the 
Effective Date. GCI shall send electronic notification of payment to Eric Ehrenreich at 
Eric.Ehrenreich@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@fcc.gov, and Samantha Peoples at 
Sam.Peoples@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.
10
  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.
                                                          
9
47 U.S.C. § 208.
10
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 16-735
9
? 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.
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.
19. Waivers.  As of the Effective Date, GCI 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.  GCI shall retain the right to challenge 
Commission interpretation of the Consent Decree or any terms contained herein.  If either 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 GCI nor the Commission shall contest the validity of the Consent 
Decree or the Adopting Order, and GCI shall waive any statutory right to a trial de novo.  GCI hereby 
agrees to waive any claims it may otherwise have under the Equal Access to Justice Act
11
relating to the 
matters addressed in this Consent Decree.
20. 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.
21. 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.
22. 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 GCI does not expressly consent) 
that provision will be superseded by such Rule or Order.
23. Successors and Assigns.  GCI agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.
24. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.
                                                          
11
See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 16-735
10
25. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
26. 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.
27. 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.
28. 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
________________________________
Rick Hitz
Vice President, Regulatory Economics and Finance
General Communication, Inc.
________________________________
Date