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Federal Communications Commission DA 18-843
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of )
)
Marriott International, Inc. ) File No.: EB-IHD-18-00027109
) Acct. No.: 201832080005
Holding Various Authorizations in the Wireless ) FRN: 0021842406
Radio Services )
)
ORDER
Adopted: August 28, 2018 Released: August 28, 2018
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has entered into a Consent Decree to resolve the Commission s investigation into whether
Marriott International, Inc. (Marriott or the Company) violated Section 310(d) of the Communications
Act, of 1934, as amended (Act),1 and Section 1.948 of the Commission s rules,2 related to the transfer of
control of wireless licenses when it acquired wireless radio licenses from Starwood Hotels and Resorts
Worldwide Inc. (Starwood) prior to receiving approval from the Commission s Wireless
Telecommunications Bureau. To settle this matter, Marriott admits that it failed to obtain the
Commission s approval prior to the transfer from Starwood, will implement a compliance plan, and will
pay a $504,000 settlement amount. These sections of the Act and the Commission s rules ensure that the
transfer and assignment of wireless authorizations is limited to instances where there has been a prior
determination that such a transfer or assignment is in the public s interest, convenience, and necessity.
2. 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 Marriott s compliance with the Act,3 and Section 1.948 of the
Commission s rules,4 pertaining to unauthorized transfers of control and assignments of licenses. In the
absence of material new evidence relating to this matter, we do not set for hearing the question of
Marriott s basic qualifications to hold or obtain any Commission license or authorization.5
3. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act6 and the
authority delegated by Sections 0.111 and 0.311 of the Commission s rules,7 the attached Consent Decree
IS ADOPTED and its terms incorporated by reference.
4. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
1 47 U.S.C. 310(d).
2 47 CFR 1.948.
3 47 U.S.C. 310(d).
4 47 CFR 1.948.
5 See 47 CFR 1.93(b).
6 47 U.S.C. 154(i).
7 47 CFR 0.111, 0.311.
Federal Communications Commission DA 18-843
5. 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 Arne M. Sorenson, President and
Chief Executive Officer, Marriot International, Inc., 10400 Fernwood Rd, Bethesda, MD 20817 and Katy
M. Ross, Esq., Wiley Rein, LLP, 1776 K Street NW, Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary C. Harold
Chief
Enforcement Bureau
2
Federal Communications Commission DA 18-843
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of )
)
Marriott International, Inc. ) File No.: EB-IHD-18-00027109
) Acct. No.: 201832080005
) FRN: 0021842406
Holding Various Authorizations in the Wireless )
Radio Services )
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Marriott
International, Inc. (Marriott or the Company), by their authorized representatives, hereby enter into this
Consent Decree for the purpose of terminating the Enforcement Bureau s investigation into whether the
Company violated Section 310(d) of the Communications Act of 1934, as amended,1 and Section 1.948 of
the Commission s Rules,2 pertaining to unauthorized transfers of control and assignments of licenses in
the wireless radio service in connection with the Company s acquisition of Starwood Hotels & Resorts
Worldwide Inc. (Starwood).
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, 47 U.S.C. 151 et seq.
(b) Adopting Order means an Order of the Enforcement 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 Marriott is
subject by virtue of its business activities, including but not limited to the Wireless
Radio Service Rules.
(f) Compliance Plan means the compliance obligations, program, and procedures
described in this Consent Decree at Paragraph 15.
(g) Covered Employees means all employees and agents of the Company who
perform, supervise, oversee, or manage the performance of duties that relate to
Marriott s responsibilities under the Communications Laws, including Section
310(d) of the Act and Section 1.948 of the Rules.
(h) Effective Date means the date on which the Bureau and Marriott have signed the
Consent Decree.
1 47 U.S.C. 310(d).
2 47 CFR 1.948.
Federal Communications Commission DA 18-843
(i) Investigation means the investigation commenced by the Bureau in File No. EB-
IHD-18-00026579 regarding whether Marriott violated provisions of the
Communications Laws relating to unauthorized transfer of station licenses and
station equipment.
(j) Marriott or Company means Marriott International, Inc., its U.S. subsidiaries,
affiliates, predecessors-in-interest, and successors-in-interest.
(k) Operating Procedures means the standard, internal operating procedures and
compliance policies established by Marriott to implement the Compliance Plan.
(l) Parties means Marriott 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) Starwood means Starwood Hotels and Resorts Worldwide Inc., its U.S.
subsidiaries, affiliates, predecessors-in-interest, and successors-in-interest.
(o) Unauthorized Transfer Rules means Section 310(d) of the Act3 and Section 1.948
of the Rules,4 pertaining to unauthorized transfers of control and assignments of
licenses.
(p) Wireless Bureau means the Wireless Telecommunications Bureau of the
Commission.
(q) Wireless Radio Services means all radio services as defined in 47 C.F.R. 1.907.
II. BACKGROUND
3. Section 310(d) of the Act states that [n]o construction permit or station license, or any
rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or
license, to any person except upon application to the Commission and upon finding by the Commission
that the public interest, convenience, and necessity will be served thereby. 5 Section 1.948 of the Rules
similarly requires Commission consent prior to a transfer of control or an assignment of a Commission
license.6
4. Marriott is a leading global lodging company operating in 127 countries and territories,
which reported revenues of more than $22 billion in fiscal year 2017.7 Headquartered in Bethesda,
Maryland, the company operates, franchises, or licenses 6,520 properties worldwide, with a total of
1,257,666 rooms.8 Prior to being acquired by Marriott in 2016, Starwood operated luxury and upscale
full service hotels, select-service hotels, extended stay hotels, resorts, retreats, and residences worldwide
under the brand names St. Regis, The Luxury Collection, W, Westin, Le Mridien, Sheraton, Four Points,
3 47 U.S.C. 310(d).
4 47 CFR 1.948.
5 47 U.S.C. 310(d).
6 47 CFR 1.948.
7 Marriott, About Marriott International Find Your World, http://www.marriott.com/marriott/aboutmarriott.mi (last
visited Feb. 6, 2018).
8 Id.; Marriott International, Inc., Annual Report (Form 10-K) at 3-4 (Feb. 15, 2018), https://marriott.gcs-
web.com/static-files/971f8164-aad6-47e7-9221-5995e3bc62ff.
2
Federal Communications Commission DA 18-843
Aloft, and Element.9 Starwood reported revenues of more than $5 billion in 2015.10 On November 16,
2015, Marriott announced it would purchase Starwood for $13.6 billion.11
5. On September 23, 2016, Marriott completed its acquisition of Starwood through a series
of transactions, rendering the latter an indirect wholly-owned subsidiary of the former. 12 Marriott is
now the largest lodging chain in the world.13
6. On February 22, 2017, Marriott voluntarily disclosed to the Wireless
Telecommunications Bureau (Wireless Bureau) that a review of its Commission-licensed facilities
revealed that it had participated in corporate acquisitions, asset transfers, and other transactions involving
transfers of control of private radio licenses without obtaining prior Commission consent.14 The Wireless
Bureau referred the matter to the Enforcement Bureau, which commenced an investigation. Starwood
filed with the Wireless Bureau curative applications seeking Commission consent, nunc pro tunc, for 63
transfers of control of 65 non-common carrier licenses and authorizations15 held or controlled by
Starwood to Marriott.16 These filings were completed in January of 2018, and all such applications
remain pending. As admitted in the application filings, Starwood did not timely file applications seeking
prior Commission consent due to an administrative oversight that occurred during a larger transaction
involving both U.S. and substantial non-U.S. assets before completion of the 2016 acquisition of
Starwood by Marriott.17
7. The Bureau s investigation revealed that the 65 license transfers concerned 63 separate
licensee entities,18 which were comprised of hotels and lodging facilities managed or owned by Starwood
as follows: 57 of the licensees are hotel and lodging properties managed by Starwood but owned by third
parties, such as the Walt Disney World Swan and Dolphin Resorts (owned by Tishman Realty &
Construction Corporation and MetLife) and W Chicago City Center (owned by Chesapeake Lodging
Trust); two are hotel and lodging properties owned in part by a third party operating under a joint venture
9 Starwood Hotels & Resorts Worldwide Inc., Annual Report (Form 10-K) at 1-3 (Dec. 31, 2015),
http://d1lge852tjjqow.cloudfront.net/CIK-0000316206/62411a1b-07f7-46aa-9ca8-1490a22dbde3.pdf.
10 Id. at 26.
11 Marriott International, Inc., Marriott International to Acquire Starwood Hotels & Resorts Worldwide, Creating
The World's Largest Hotel Company (Nov. 16, 2015), http://news.marriott.com/2015/11/marriott-international-to-
acquire-starwood-hotels-resorts-worldwide-creating-the-worlds-largest-hotel-company/.
12 Marriott International, Inc., Annual Report (Form 10-K) at 2 (Feb. 21, 2017), https://marriott.gcs-web.com/static-
files/1abf0778-0524-468d-b892-723e26ceadc2.
13 Halah Touryalai, World's Biggest Hotels 2017: Marriott Leads The Pack, Hilton Falls (May 24, 2017),
https://www.forbes.com/sites/halahtouryalai/2017/05/24/worlds-biggest-hotels-2017-marriott-leads-the-pack-hilton-
falls/.
14 See FCC Form 603, Application for Assignments of Authorization or Transfer of Control, FCC File Nos.
0004808062 (filed Aug. 4, 2011); 0004718069 (filed May 12, 2011); 0004649905 (filed Mar. 28, 2011);
0004568239 (filed Feb. 4, 2011); 0004569039, 0004569115, 0004571235 (filed Feb. 3, 2011); 0004321942 (filed
July 14, 2010); 0004210922, 0004210996, 0004211010, 0004211047, 0004211100, 0004211222 (filed April 16,
2010).
15 Two licensees hold two licenses each; the remainder hold one license each.
16 Federal Communications Commission, Universal Licensing System, File No. 0007666265 - Marriott
International, Inc., Description of Transaction and Public Interest Statement (Feb. 17, 2017) (PIS Statement),
https://wireless2.fcc.gov/UlsEntry/attachments/attachmentViewRD.jsp;ATTACHMENTS=XhwYh2PWZM7Lh3Zs
ZgKNpFDBTh1L6Qww923brBsfDRq6LQc9x8Yp!-1594719211!-
1718746281?applType=search&fileKey=1232872609&attachmentKey=20091666&attachmentInd=applAttach.
17 Id. at 2.
18 Two licensees a Marriott joint venture and a third party transferred two wireless licenses each to Marriott.
3
Federal Communications Commission DA 18-843
with Starwood (Sheraton New Orleans Hotel and Sheraton Seattle Hotel); two are hotel and lodging
properties owned by Starwood subsidiaries (Westin Peachtree Plaza and Starwood Hotels & Resorts The
Westin St. John Resort & Villas); and one is a property leased by Starwood (Starwood Hotels & Resorts
Worldwide Inc.). Prior to the merger, Starwood employees at individual hotel properties apparently
exercised de facto control of the associated licenses as part of their regular course of business. Because
there were multiple independent transferor entities, comprised of the hotel and lodging entities delineated
above, the collective license transfers, although a part of the overall merger of the two companies,
necessitated the filing of separate individual applications. All of these individual transfer applications
concerned substantial transfers of control.19 The subject transfers of control were accomplished without
obtaining prior Commission consent and now subject Marriott to separate forfeiture determinations for
each transaction.20
8. The Investigation did not reveal any evidence of third-party complaints regarding
Marriott s unauthorized transfers of control, and the Company indicates that the radio facilities it
transferred without Commission authorization were, at all times, intended to facilitate safety and
communications in the conduct of its hotel and lodging business operations. Marriott stated that the radio
facilities are used to, among other things, support security operations at Marriott s owned and managed
properties.21 Marriott reported its violations to the Wireless Bureau upon discovery, and the Company
acknowledges that, under the Communications laws, the Company should have obtained prior
Commission consent to the transfer of control of the licenses. To resolve the Bureau s Investigation, the
Parties now enter into this Consent Decree to ensure Marriott s future compliance with all applicable
Communications Laws.
III. TERMS OF AGREEMENT
9. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order without change, addition, deletion, or modification.
10. Jurisdiction. The Company agrees that the Bureau has jurisdiction over it and the
matters contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
Consent Decree.
11. Effective Date. 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.
12. Termination of Investigation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, the Company 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
19 A substantial transfer of control is, inter alia, a transaction involving a change in the controlling ownership
interest of a licensee. See Questions and Answers Regarding Private Wireless Licensees Obligations Under Section
310(d) of the Communications Act of 1934, Fact Sheet (Sept. 19, 2000), 2000 WL 1340584, at *2.
20 Section 1.80 of the Rules specifies a $8,000 penalty for each unauthorized substantial transfer of control. 47 CFR
1.80 (b)(8); NECC Telecom, Inc., Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 12936, 12944, para. 18
(2016) (payment status pending). Cf. ENSERCH Corporation, Forfeiture Order, 15 FCC Rcd 13551, 13555 para. 15
(2000) (citing Central Illinois Public Service Company, Notice of Apparent Liability for Forfeiture, 15 FCC Rcd
1750, 1753 para. 7 (1999)).
21 Telephonic conference with Katy Ross, counsel for Marriott, Bennett Ross, counsel for Marriott, Matthew L.
Conaty, Deputy Division Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, and Gary
Oshinsky, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, FCC, (Dec. 20, 2017,
15:30 EST).
4
Federal Communications Commission DA 18-843
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 the Company concerning the matters that were
the subject of the Investigation.22 The Bureau also agrees that, in the absence of new material evidence, it
will not use the facts developed in the Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal or informal, or take any action on
its own motion against the Company with respect to the Company s basic qualifications, including its
character qualifications, to be a Commission licensee or hold Commission licenses or authorizations.23
13. Admission of Liability. Marriott admits, solely for the purpose of this Consent Decree
and for Commission civil enforcement purposes, and in express reliance on the provisions of Paragraph
12 herein, that its actions described in Paragraphs 4 through 8 of this Consent Decree violated the
Unauthorized Transfer Rules.
14. Compliance Officer. Within thirty (30) calendar days after the Effective Date, to the
extent it has not already done so under its current compliance procedures, the Company 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 the Company 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 Unauthorized Transfer Rules prior to assuming his or her duties.
15. Compliance Plan. For purposes of settling the matters set forth herein, the Company
agrees that it shall continue to maintain its existing compliance procedures. In addition, within ninety
(90) calendar days after the Effective Date, the Company shall develop and implement the measures
described below, if not already in place, to ensure future compliance with the Communications Laws and
with the terms and conditions of this Consent Decree.24 With respect to the Unauthorized Transfer Rules,
including with regard to transfers of control and assignments of wireless licenses as the result of corporate
acquisitions or asset transfers, the Company will implement, at a minimum, the following procedures:
(a) Operating Procedures. Within sixty (60) calendar days after the Effective Date,
the Company shall establish Operating Procedures that all Covered Employees shall
follow to help ensure the Company s compliance with The Unauthorized Transfer
Rules. The Company s Operating Procedures shall include internal procedures and
policies specifically designed to ensure that the Company complies with the
Unauthorized Transfer Rules. The Company shall also develop a Compliance
Checklist that describes the steps that a Covered Employee must follow to ensure
compliance with the Unauthorized Transfer Rules.
(b) Compliance Manual. Within ninety (90) 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 Communications
Laws that apply to the Company, including the Unauthorized Transfer Rules, and
shall set forth the Operating Procedures that Covered Employees shall follow to help
22 The Parties understand and agree that isolated instances of unauthorized transfer of control that pre-date the
Effective Date of this Consent Decree, but are discovered after the Effective Date, will be considered to be included
within the terms herein, including the provisions contained in Paragraphs 17 and 18, but will not be considered
separate violations of this Consent Decree.
23 See 47 CFR 1.93(b).
24 The parties understand and agree that the Compliance Plan in Paragraph 15 and associated Compliance Reports in
Paragraph 17 will apply only to entities owned, controlled, or managed by Marriott.
5
Federal Communications Commission DA 18-843
ensure the Company s compliance with the Unauthorized Transfer Rules, including
procedures required as a result of corporate acquisitions or asset transfers. The
Company shall periodically review and revise the Compliance Manual as necessary
to ensure that the information set forth therein remains current and accurate. The
Company shall distribute any revisions to the Compliance Manual promptly to all
Covered Employees.
(c) Compliance Training Program. Within ninety (90) calendar days after the
Effective Date, the Company shall establish and implement a Compliance Training
Program on compliance with the Communications Laws, including the
Unauthorized Transfer Rules, and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of the
Company s obligation to report any noncompliance with the Communications Laws,
including the Unauthorized Transfer Rules, under Paragraph 15 of this Consent
Decree, and shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within one hundred twenty (120) calendar days after
the Effective Date except that any person who becomes a Covered Employee at any
time after the initial Compliance Training Program shall be trained within thirty (30)
calendar days after the date such person becomes a Covered Employee. The
Company 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.
16. Reporting Noncompliance. The Company shall report any noncompliance with the
Communications Laws, the Unauthorized Transfer 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 the Company
has taken or will take to address such noncompliance; (iii) the schedule on which such remedial actions
will be taken; and (iv) the steps that the Company has taken or will take to prevent the recurrence of any
such noncompliance. All reports of noncompliance shall be submitted to the Chief, Investigations &
Hearings Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445 12th
Street, SW, Washington, DC 20554, with a copy submitted electronically to Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Christopher J. Sova at Christopher.Sova@fcc.gov, and Gary Oshinsky at
Gary.Oshinsky@fcc.gov.
17. Compliance Reports. The Company shall file Compliance Reports with the
Commission one hundred twenty (120) 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 the Company s
efforts during the relevant period to comply with the terms and conditions of this
Consent Decree, the Communications Laws, and the Unauthorized Transfer Rules,
including with regard to transfers of control and assignments of wireless licenses as
the result of corporate acquisitions or asset transfers. In addition, each Compliance
Report shall include a certification by the Compliance Officer, as an agent of and on
behalf of the Company, stating that the Compliance Officer has personal knowledge
that the Company: (i) has established and implemented the Compliance Plan; (ii)
has utilized the Operating Procedures since the implementation of the Compliance
Plan; and (iii) is not aware of any instances of noncompliance with the terms and
conditions of this Consent Decree, including the reporting obligations set forth in
Paragraph 16 of this Consent Decree.
(b) The Compliance Officer s certification shall be accompanied by a statement
6
Federal Communications Commission DA 18-843
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.25
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of the Company, shall provide the Commission
with a detailed explanation of the reason(s) why and describe fully: (i) each instance
of noncompliance; (ii) the steps that the Company has taken or will take to address
such noncompliance, including the schedule on which proposed remedial actions
will be taken; and (iii) the steps that the Company has taken or will take to prevent
the recurrence of any such noncompliance, including the schedule on which such
preventive action will be taken.
(d) All Compliance Reports shall be submitted to the Chief, Investigations & Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room 4-
-C330, 445 12th Street, SW, Washington, DC 20554, with a copy submitted
electronically to Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Christopher J. Sova at
Christopher.Sova@fcc.gov, and Gary Oshinsky at Gary.Oshinsky@fcc.gov.
18. Termination Date. Unless stated otherwise, the requirements set forth in Paragraphs 13
through 17 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
19. Civil Penalty. The Company will pay a civil payment to the United States Treasury in
the amount of five hundred and four thousand dollars ($504,000) within thirty (30) calendar days after the
Effective Date. The Company shall send electronic notification of payment to Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Christopher J. Sova at Christopher.Sova@fcc.gov, and Gary Oshinsky at
Gary.Oshinsky@fcc.gov on the date said payment is made. The payment must be made by check or
similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice)
must be submitted.26 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.
25 47 CFR 1.16.
26 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7
Federal Communications Commission DA 18-843
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.
20. Waivers. As of the Effective Date, the Company 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. The Company 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 the Company nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and the Company shall waive any statutory right to
a trial de novo. The Company hereby agrees to waive any claims they may otherwise have under the
Equal Access to Justice Act27 relating to the matters addressed in this Consent Decree.
21. 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.
22. 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.
23. 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 the Company does not expressly
consent) that provision will be superseded by such Rule or Order.
24. Successors and Assigns. The Company agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
25. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
26. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
27. 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.
28. 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.
27 See 5 U.S.C. 504; 47 CFR 1.1501-1.1530.
8
Federal Communications Commission DA 18-843
29. 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.
_______________________________
Rosemary C. Harold
Chief
Enforcement Bureau
________________________________
Date
________________________________
Bao Giang Valery Bauduin
Vice President
Marriott International, Inc.
________________________________
Date
9