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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
QUALCOMM Incorporated ) File No. EB-00-TS-236
) NAL/Acct. No. 200132100004
)
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications
Commission and QUALCOMM Incorporated (``QUALCOMM''), by their
attorneys or authorized representatives, hereby enter into
this voluntary Consent Decree regarding possible violations of
Section 22.921 of the Commission's rules concerning 911 call
completion methods for QUALCOMM's TriMode Portable User
Terminal (``Terminal''), the principal purpose of which is
operation with the worldwide Globalstar constellation of
satellites. Section 22.921 requires that all analog-capable
handsets manufactured after February 13, 2000 use a
Commission-approved method for the processing of E911 calls.
2. On August 16, 2000, representatives of QUALCOMM met
with the staff of the Wireless Telecommunications Bureau and
the Enforcement Bureau for the purpose of apprising the
Commission that modifications to the software of the Terminal
could be required to bring the Terminals into compliance with
Section 22.921 and to seek resolution of any associated
compliance issues. At the time of the meeting, no complaint
or enforcement action was pending against QUALCOMM regarding
this matter.
3. QUALCOMM and the Enforcement Bureau have had further
meetings to seek a resolution of the matters described in
QUALCOMM's Petition. In consideration of the termination by
the Enforcement Bureau of its inquiry into whether QUALCOMM
may have violated the Commission's rules, and in accordance
with the terms of this Consent Decree, QUALCOMM agrees to the
following terms, conditions and procedures regarding
compliance with Section 22.921.
4. For the purposes of this Consent Decree, the following
definitions shall apply:
4.1 ``Commission'' or ``FCC'' means the Federal
Communications Commission;
4.2 ``Bureau'' means the Enforcement Bureau of the
Federal Communications Commission;
4.3 ``QUALCOMM'' means QUALCOMM Incorporated;
4.4 ``Parties'' means QUALCOMM and the Bureau; and
4.5 ``Adopting Order'' means an order of the Bureau
adopting the terms and conditions of this Consent Decree.
5. The Parties agree that the provisions of this voluntary
Consent Decree shall be subject to final approval by the
Bureau by incorporation of such provisions by reference in the
Adopting Order and that either party may withdraw from this
Consent Decree upon written notice to the other prior to the
issuance of such Adopting Order.
6. The Parties agree that this Consent Decree shall become
effective on the date on which the Bureau releases the
Adopting Order. Upon release, the Adopting Order and this
Consent Decree shall have the same force and effect as any
other order of the Commission and any violation of the terms
of this Consent Decree shall constitute a violation of a
Commission order entitling the Commission to exercise any and
all rights and to seek any and all remedies authorized by law
for an enforcement of a Commission order.
7. QUALCOMM acknowledges the jurisdiction of the
Commission to adopt this Consent Decree.
8. QUALCOMM waives any rights it may have to seek judicial
review or otherwise challenge or contest the validity of the
Adopting Order or this Consent Decree.
9. QUALCOMM waives any rights it may have under any
provision of the Equal Access to Justice Act, 5 U.S.C. § 504.
10. The Parties agree that this Consent Decree is for
settlement purposes and that QUALCOMM does not admit any
alleged violation or liability.
11. QUALCOMM shall make a voluntary contribution to the
United States Treasury in the amount of twenty five thousand
dollars ($25,000) within thirty (30) days of the effective
date of this Consent Decree. Such contribution shall be made,
without further protest or recourse, by credit card through
the Commission's Debt and Credit Management Center at (202)
418-1995, or by mailing a check or similar instrument, payable
to the order of the Federal Communications Commission, to the
Federal Communications Commission, Forfeiture Collection
Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should reference NAL/Acct. No.
200132100004.
12. QUALCOMM agrees that all TriMode Portable User
Terminals manufactured after November 30, 2000 shall
incorporate software using a Commission-approved method for
completing analog 911 calls. To the best of QUALCOMM's
knowledge, none of the Terminals manufactured since February
13, 2000 have yet been delivered to end users in the United
States, and QUALCOMM will ensure that a process is in place to
incorporate the updated software in all affected inventoried
Terminals. To the extent that any Terminal manufactured before
February 13, 2000 is returned for repair or service, QUALCOMM
will upgrade that Terminal to incorporate the updated
software.
13. QUALCOMM will implement a Regulatory Compliance Plan
(``RCP'') that will include the appointment of a wireless
standards engineer, and an alternate, who will be responsible
for overseeing compliance with the Commission's technical
rules. QUALCOMM shall provide the Chief of the Bureau (or the
designee of the Chief) within thirty (30) calendar days of the
receipt of a written request from the Bureau, copies of
business records kept in the ordinary course demonstrating
implementation and use of the RCP. QUALCOMM may request that
such records be treated as confidential business records and
that such records shall be subject to all the protections
afforded to confidential business records under the
Commission's rules. Nothing in this Consent Decree shall be
deemed to be an obligation on the part of QUALCOMM to disclose
to the Bureau ``material inside information'' as that term is
defined in applicable securities laws and regulations, or
proprietary technical or engineering data, techniques or
procedures.
14. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement of the inquiry of
the Bureau into the matters described above and in QUALCOMM's
Petition for temporary waiver of Section 22.921. The Bureau
will not initiate or entertain any enforcement actions against
QUALCOMM, nor will it seek, entertain or impose any
administrative or other penalties or injunctive or other
relief from or against QUALCOMM based on any complaint, claim
or allegation arising out of the manufacture of the Terminals
prior to November 30, 2000, or the sale or distribution of the
Terminals.
15. The Parties agree that the terms and conditions of this
Consent Decree shall remain in effect for twenty-four (24)
months from the effective date of this Consent Decree, which
shall be the date of the release of the Adopting Order. The
Parties also agree that any provision of the Consent Decree
which conflicts with any subsequent rule, order of general
applicability or other decision of general applicability
adopted by the Commission will be superseded by such
Commission rule, order or other decision.
16. If this Consent Decree is not signed by both Parties,
is not adopted by the Bureau or is otherwise rendered invalid
by any court of competent jurisdiction, it shall become null
and void and shall not become part of the record in these
enforcement proceedings nor may it be used by any party in a
legal proceeding. The Parties agree, however, that except as
otherwise ordered by any court of competent jurisdiction, the
Parties will comply with, defend and support the validity of
this Consent Decree and the Adopting Order in any proceeding
seeking to nullify, void or otherwise modify the Consent
Decree or the Adopting Order.
17. This Consent Decree may be signed in counterparts.
For the Federal Communications Commission:
_____________________________________
David H. Solomon
Chief, Enforcement Bureau
For QUALCOMM Incorporated
_____________________________________
Veronica M. Ahern
Its Attorney