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Cellco Partnership d/b/a Verizon Wireless

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Released: June 28, 2012

Federal Communications Commission

DA 12-841

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File Nos.: EB-09-SE-116
)
EB-10-SE-026
Cellco Partnership d/b/a Verizon Wireless
)
)
Acct. No.: 201232100025
And its Subsidiaries
)
)
FRNs: 0003579406
GTE Mobilnet of South Texas
)
0003293941
Limited Partnership, and
)
0018506568
)
GTE Mobilnet of Texas RSA #17
)
Limited Partnership
)

ORDER

Adopted: June 28, 2012

Released: June 28, 2012

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Cellco
Partnership d/b/a Verizon Wireless, on behalf of itself and its subsidiaries, GTE Mobilnet of South Texas
Limited Partnership and GTE Mobilnet of Texas RSA #17 Limited Partnership (collectively, Verizon
Wireless). The Consent Decree resolves and terminates the Bureau’s investigations into possible
violations of Section 301 of the Communications Act of 1934, as amended (Act),1 and Section 1.903(a) of
the Commission’s rules (Rules),2 pertaining to the apparent unauthorized operation of certain common
carriage fixed point-to-point microwave radio frequencies, and Sections 1.929(b) and 1.947(a) and (b) of
the Rules,3 pertaining to the timely filing of applications to modify a carrier’s Cellular Geographic
Service Area.
2.
The Bureau and Verizon Wireless have negotiated a Consent Decree that resolves these
matters. A copy of the Consent Decree is attached hereto and incorporated herein by reference.
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
investigations.
4.
In the absence of material new evidence relating to these matters, we conclude that our
investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses
the basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.


1 47 U.S.C. § 301.
2 47 C.F.R. § 1.903(a).
3 Id. §§ 1.929(b), 1.947(a) – (b).

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DA 12-841

5.
Accordingly,

IT IS ORDERED

that, pursuant to Section 4(i) of the Act,4 and Sections
0.111 and 0.311 of the Rules,5 the Consent Decree attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigations

ARE

TERMINATED

.
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 John T. Scott, Vice President and
Deputy General Counsel – Regulatory Law, Legal & External Affairs Department, Verizon Wireless,
1300 I Street, N.W., Suite 400-W, Washington, D.C. 20005, as well as to David H. Solomon, Esq.,
counsel for Verizon Wireless, Wilkinson Barker Knauer, LLP, 2300 N Street, N.W., Suite 700,
Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau


4 47 U.S.C. § 154(i).
5 47 C.F.R. §§ 0.111, 0.311.
2

Federal Communications Commission

DA 12-841

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Cellco Partnership d/b/a Verizon Wireless
)
File Nos.: EB-09-SE-116
)
EB-10-SE-026
And its Subsidiaries
)
)

Acct. No.: 201232100025
GTE Mobilnet of South Texas
)
Limited Partnership, and
)
FRNs: 0003579406
)
0003293941
GTE Mobilnet of Texas RSA #17
)
0018506568
Limited Partnership
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Cellco Partnership
d/b/a Verizon Wireless, on behalf of itself and its subsidiaries GTE Mobilnet of South Texas Limited
Partnership and GTE Mobilnet of Texas RSA #17 Limited Partnership, by their respective authorized
representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement
Bureau’s investigations into possible violations of Section 301 of the Communications Act of 1934, as
amended,1 and Section 1.903(a) of the Commission’s rules,2 pertaining to the apparent use of certain
unauthorized common carriage fixed point-to-point microwave radio frequencies, and Sections 1.929(b)
and 1.947(a) and (b) of the rules,3 pertaining to the timely filing of applications to modify a carrier’s
Cellular Geographic Service Area.

I.

DEFINITIONS

1.
For the purposes of this Consent Decree, the following definitions shall apply:
(a)
“Act” means the Communications Act of 1934, as amended, 47 U.S.C. §§ 151 et
seq.

(b)
“Adopting Order” means an order of the Bureau adopting the terms of this
Consent Decree without change, addition, deletion, or modification.
(c)
“Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d)
“Cellular Geographic Service Area” or “CGSA” is the geographic area
considered by the FCC to be served by a cellular system, and within which a
cellular system is entitled to protection from interference.4


1 47 U.S.C. § 301.
2 47 C.F.R. § 1.903(a).
3 Id. §§ 1.929(b), 1.947(a).
4 See id. § 22.911.

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DA 12-841

(e)
“CGSA Investigation” means the investigation commenced by the Bureau’s June
11, 2009 letter of inquiry5 pertaining to possible violations of the CGSA
Modification Rules.
(f)
“CGSA Modification Rules” means Sections 1.929(b), 1.947(a) and (b), and
22.911 of the Rules and other Communications Laws governing the filing of
applications to modify a licensee’s cellular geographic service area.
(g)
“Commission” and “FCC” mean the Federal Communications Commission and
all of its bureaus and offices.
(h)
“Communications Laws” means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which
Verizon Wireless is subject by virtue of its business activities, including but not
limited to, the Licensing Rules and the CGSA Modification Rules.
(i)
“Compliance Plan” means the compliance obligations and compliance program
described in this Consent Decree at paragraph 13 hereof.
(j)
“Covered Employees” means, collectively, Covered Licensing Employees and
Covered Service Area Employees.
(k)
“Covered Licensing Employees” means all employees and agents of Verizon
Wireless who perform duties, or supervise, oversee, or manage the performance
of duties that relate to GTE’s responsibilities under the Licensing Rules.
(l)
“Covered Service Area Employees” means all employees and agents of Verizon
Wireless who perform duties, or supervise, oversee, or manage the performance
of duties that relate to Verizon Wireless’s responsibilities under the CGSA
Modification Rules, but excludes those employees or agents of Verizon Wireless
who perform construction or similar tasks related to the physical maintenance of
Verizon Wireless’s common carriage network.
(m)
“Effective Date” means the date on which the Bureau releases the Adopting
Order.
(n)
“GTE” means GTE Mobilnet of South Texas Limited Partnership and GTE
Mobilnet of Texas RSA #17 Limited Partnership, collectively, which operate
exclusively in portions of Mississippi, Louisiana, and Texas.
(o)
“Investigations” means the CGSA Investigation and the Unauthorized Operation
Investigation.
(p)
“Licensing Rules” means, collectively, Section 1.903(a) of the Rules and other
Communications Laws that prohibit the use or operation of a wireless radio


5 See Letter from Katherine S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications, to John T. Scott, Vice President and Deputy General Counsel – Regulatory Law, Verizon Wireless
(June 11, 2009) (CGSA Modification LOI).
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DA 12-841

station without a valid authorization or in a manner inconsistent with such
authorization.
(q)
“Parties” means Verizon Wireless and the Bureau, each of which is a “Party”.
(r)
“Operating Procedures” means the standard, internal operating procedures and
policies used by Verizon Wireless to ensure that the Company complies with the
Licensing Rules and CGSA Modification Rules.
(s)
“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(t)
“Unauthorized Operation Investigation” means the investigation commenced by
the Bureau’s July 7, 2010 letter of inquiry6 pertaining to possible violations of the
Licensing Rules through the use of certain unauthorized frequencies.
(u)
“Verizon Wireless” or “Company” means Cellco Partnership d/b/a Verizon
Wireless, and each of its affiliates and subsidiaries, including GTE.

II.

BACKGROUND

A.

Licensing Rules

2.
Section 301 of the Act7 and Section 1.903(a) of the Rules8 prohibit the use or operation of
any apparatus for the transmission of energy or communications or signals by wireless radio stations
except under and in accordance with an authorization granted by the Commission.
3.
GTE holds licenses for the operation of six inter-linked, common carriage fixed point-to-
point microwave stations with the following call signs: (1) WQJH882 (Dixon, Texas); (2) WQJH999
(East Bernard, Texas); (3) WQJH883 (Fulshear, Texas); (4) WQJE868 (Pin Oak, Texas); (5) WLL644
(Rosenberg, Texas); and (6) WQJF666 (Wallis, Texas).9 On August 25, 2008, the Commission granted
GTE Special Temporary Authority (STA) to operate four of its common carriage fixed point-to-point
microwave stations on 18 modified frequencies.10 However, on January 20, 2009, GTE filed applications
to cancel these STAs, which were granted by the Broadband Division of the Wireless


6 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, to Sonya R. Dutton, Supervisor, Network Compliance, GTE Mobilnet of South
Texas Limited Partnership (July 7, 2010) (Unauthorized Operation LOI).
7 47 U.S.C. § 301.
8 47 C.F.R. § 1.903(a).
9 See File Nos. 0003484842 (filed June 24, 2008, amended Aug. 8, 2008, granted Sept. 16, 2008); 0003538071 (filed
Aug. 8, 2008, granted Sept. 17, 2008); 0003484837 (filed June 24, 2008, amended Aug. 8, 2008, granted Sept. 16,
2008); 0003484805 (filed June 24, 2008, granted Aug.14, 2008); 0003435432 (filed May 13, 2008, amended June
24, 2008, granted Aug. 5, 2008); and 0003484849 (filed June 24, 2008, amended Aug. 20, 2008, granted Aug. 21,
2008). All of the stations are licensed to GTE Mobilnet of South Texas Limited Partnership with the exception of
WQJH999, which is licensed to GTE Mobilnet of Texas RSA #17 Limited Partnership.
10 See File Nos. 0003555737, 0003555738, 0003555757, and 0003555758 (filed Aug. 20, 2008, granted Aug. 25,
2008); Special Temporary Authorizations, call signs WQJF906 (Pin Oak), WQJF907 (Fulshear),WQJF908 (Wallis),
and WQJF909 (Dixon).
3

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Telecommunications Bureau on January 21, 2009.11 On November 20, 2009, GTE filed applications to
modify each of its six common carriage fixed point-to-point microwave stations to add or change
frequencies, including those frequencies previously authorized in the cancelled STAs.12 GTE included in
each of its applications a waiver request seeking retroactive authority to use the proposed frequencies and
to obtain conditional operating authority going forward pending grant of the modification applications.13
On March 4-5, 2010, the Broadband Division granted GTE’s modification applications without prejudice
to future enforcement action and denied GTE’s waiver requests.14 The Wireless Telecommunications
Bureau subsequently referred this matter to the Bureau for investigation and possible enforcement action.
4.
On July 7, 2010, the Bureau’s Spectrum Enforcement Division (Division) issued the
Unauthorized Operation LOI to GTE.15 The Unauthorized Operation LOI directed GTE to respond to a
series of questions regarding its apparent use of certain unauthorized frequencies. Verizon Wireless
responded to the Unauthorized Operation LOI on behalf of GTE on August 6, 2010.16 The Bureau sought
additional information on February 14, 2011, to which Verizon Wireless responded on February 18,
2011.17 The Bureau and Verizon Wireless entered into tolling agreements to toll the statute of
limitations.18


11 See File Nos. 0003708126, 0003708131, 0003708135, and 0003708140 (filed Jan. 20, 2009, granted Jan. 21,
2009).
12 See File Nos. 0004040679 (filed Nov. 20, 2009, granted Mar. 5, 2010); 0004040687 (filed Nov. 20, 2009, granted
Mar. 4, 2010); 0004040680 (filed Nov. 20, 2009, granted Mar. 5, 2010); 0004040681 (filed Nov. 20, 2009, granted
Mar. 5, 2010); 0004040682 (filed Nov. 20, 2009, granted Mar. 5, 2010); and 0004040683 (filed Nov. 20, 2009,
granted Mar. 5, 2010).
13 See id., Requests for Waiver.
14 See supra note 12. See also Wireless Telecommunications Bureau Site-By-Site Action, Report No. 5704, Public
Notice
, at 4-5 (Mar. 10, 2010). On January 19, 2012, GTE filed a major change application to modify the license for
station WQJH883 to correct the polarization of frequency 6063.8 MHz on path number 2. See File No. 0005034155
(filed Jan. 18, 2012) (WQJH883 Application). GTE stated in the WQJH883 Application that, due to “administrative
error,” the November 20, 2009 major change application for station WQJH883 (File No. 0004040680) incorrectly
specified horizontal polarization for the proposed link when in fact GTE had coordinated and deployed the proposed
link using vertical polarization. Id. at Exhibit A. Simultaneously with the filing of the Application, GTE voluntarily
disclosed the matter to the Bureau.
15 See supra note 6.
16 See Letter from David H. Solomon, Esq., counsel for GTE Mobilnet of South Texas Limited Partnership and GTE
Mobilnet of Texas RSA #17 Limited Partnership, wholly owned subsidiaries of Cellco Partnership d/b/a Verizon
Wireless, Wilkinson Barker Knauer, LLP, to Nissa Laughner, Esq., Attorney Advisor, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission (Aug. 6, 2010).
17 See Letter from David H. Solomon, Esq., counsel for GTE Mobilnet of South Texas Limited Partnership and GTE
Mobilnet of Texas RSA #17 Limited Partnership, wholly owned subsidiaries of Cellco Partnership d/b/a Verizon
Wireless, Wilkinson Barker Knauer, LLP, to Daudeline Meme, Assistant Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission (Feb. 18, 2011).
18 See, e.g., Tolling Agreement Extension, File No. EB-10-SE-026, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and David H.
Solomon, counsel for GTE Mobilnet of South Texas Limited Partnership and GTE Mobilnet of Texas RSA #17
Limited Partnership, wholly owned subsidiaries of Cellco Partnership d/b/a Verizon Wireless (Apr. 30, 2012).
4

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DA 12-841

B.

Cellular Geographic Service Area Modification Rules

5.
Sections 1.929(b) and 1.947(a) of the Commission’s Rules provide that licensees
proposing network modifications that would expand the cellular geographic service area (CGSA) of an
existing cellular system are classified as major change applications necessitating prior Commission
approval.19 Under Sections 1.929(k) and 1.947(b) of the Rules, network modifications that would reduce
a cellular system’s CGSA are classified as minor change applications, and a licensee implementing such
system modifications must file a minor change notification within thirty days of making any such
change.20 In the 2000 Biennial Review Reconsideration Order,21 the Commission adopted the “secondary
operations policy”, which permits cellular licensees to “extend into adjacent unserved area[s] of less than
50 square miles without prior approval by the Commission, and without first undergoing the major
modification process.”22 Licensees are required to notify the Commission of such extensions.23
6.
In 2008 and 2009, Verizon Wireless filed certain major change applications and minor
change notifications (collectively, the Applications), generally in connection with the sunset of the
Commission’s cellular analog service requirement.24 As a result of the analog sunset, Verizon Wireless,
for the first time, used digital operations (reflecting pre-analog sunset digital overbuilds) as the basis for
depicting CGSA boundaries, resulting in various deviations from its analog-defined service boundaries.
In June 2009, the Mobility Division of the Wireless Telecommunications Bureau granted certain of the
Applications without prejudice to future enforcement action. The Wireless Telecommunications Bureau
referred this matter to the Bureau for investigation and possible enforcement action.
7.
On June 11, 2009, the Division issued the CGSA Modification LOI to Verizon Wireless,
directing the company to submit a sworn written response to a series of questions relating to the
Applications.25 Verizon Wireless responded to the CGSA Modification LOI on August 20, 2009.26 On
September 20, 2011, the Bureau issued Verizon Wireless a second letter of inquiry,27 to which Verizon


19 See 47 C.F.R. §§ 1.929(b), 1.947(a).
20 See 47 C.F.R. §§ 1.929(k), 1.947(b).
21 See Year 2000 Biennial Review – Amendment of Part 22 of the Commission’s Rules to Modify or Eliminate
Outdated Rules Affecting the Cellular Radiotelephone Service and Other Commercial Mobile Radio Services
, Order
on Reconsideration, 19 FCC Rcd 3239 (2004) (2000 Biennial Review Reconsideration Order).
22 Id. at 3256–3257, para. 41.
23 Id.
24 Sunset of the Cellular Radiotelephone Service Analog Service Requirement and Related Matters, Memorandum
Opinion and Order, 22 FCC Rcd 11243 (2007) (Analog Sunset MO&O). The Commission recognized that the
analog sunset would force some carriers that were converting to digital technology “to unnecessarily reconfigure
their digital sites or make alternative CGSA showings simply to maintain the interference protection associated with
their analog-determined CGSAs.” Id at 11267, para. 49. The Commission therefore permitted licensees, “in lieu of
making a revised CGSA showing, to certify that the discontinuance of [analog] service will not result in any loss of
wireless coverage throughout the carrier’s CGSA.” Licensees that could not so certify were required to file a
revised CGSA determination. Id.
25 See supra note 5.
26 See Letter from David H. Solomon, Esq., counsel for Verizon Wireless, Wilkinson Barker Knauer, LLP, to
Marlene H. Dortch, Secretary, Federal Communications Commission (Aug. 20, 2009).
27 See Letter from John D. Poutasse, Acting Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, to John T. Scott, Vice President and Deputy General Counsel – Regulatory Law,
Verizon Wireless (Sept. 20, 2011).
5

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Wireless responded on October 20, 2011.28 The Bureau and Verizon Wireless entered into tolling
agreements to toll the statute of limitations.29
8.
We note that the Commission is currently considering whether to alter its site-based
licensing framework. On February 15, 2012, the Commission issued a Notice of Proposed Rulemaking
and Order proposing to transition the existing site-based licensing model for the Cellular Radiotelephone
Service (Cellular) to a geographic-based approach, which would generally authorize construction within a
particular geographic boundary (subject to certain interference protection and other technical
requirements) and would not entail applications for prior Commission approval of specific transmitter
locations.30 The Commission also adopted an immediate freeze on the filing of certain Cellular
applications claiming “Unserved Area” in “Covered” Cellular Market Area (CMA) Blocks, including
new-system Cellular licenses and major modifications to expand existing systems if claiming an
Unserved Area that is not contiguous to the existing CGSA.31

III.

TERMS OF AGREEMENT

9.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
10.

Jurisdiction

. Verizon Wireless 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; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
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 Investigations. In consideration for the termination of the Investigations, Verizon Wireless
agrees to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts developed in the Investigations


28 See Letter from David H. Solomon, Esq., counsel for Verizon Wireless, Wilkinson Barker Knauer, LLP, to Kathy
Harvey, Esq., Attorney Advisor, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission (Oct. 20, 2011).
29 See, e.g., Tolling Agreement Extension, File No. EB-09-SE-116, executed by and between John D. Poutasse,
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, and David H.
Solomon, Esq., counsel for Verizon Wireless (Apr. 30, 2012).
30 See Amendment of Parts 1 and 22 of the Commission’s Rules with Regard to the Cellular Service, Including
Changes in Licensing of Unserved Area; Amendment of the Commission’s Rules with Regard to Relocation of Part 24
to Part 2; Interim Restrictions and Procedures for Cellular Service Applications
, WT Docket No. 12-40, Notice of
Proposed Rulemaking and Order, 27 FCC Rcd 1745 (2012). Specifically, the Commission proposed to issue
geographic-area “Overlay Licenses” through competitive bidding, in two stages. Id. at 1746, para. 2.
31 Id. at 1771-1774, paras. 67-75.
6

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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 Verizon Wireless
concerning the matters that were the subject of the Investigations. The Bureau also agrees that in the
absence of new material evidence it will not use the facts developed in the Investigations 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 Verizon Wireless with respect to Verizon
Wireless’s basic qualifications, including its character qualifications, to be a Commission licensee or to
hold Commission licenses or authorizations.
13.

Compliance Plan

. For purposes of settling the matters set forth herein and based on the
special facts and circumstances presented in this case, the Parties agree to the following compliance
provisions. Specifically, Verizon Wireless: (i) agrees to implement within sixty (60) calendar days after
the Effective Date a Compliance Plan relating to GTE’s future compliance with the Licensing Rules, and
to Verizon Wireless’s future compliance with the CGSA Modification Rules; and (ii) represents that it has
one or more management employees in each of its business units who has responsibility for compliance
with each of the Communications Laws that are relevant to its operations, that there are at least twenty
(20) such management employees, and that, collectively, these management employees exercise
responsibility for the Company’s compliance with all of the Communications Laws that are relevant to
the operations of the Company. The Company agrees that it will either maintain this compliance
structure, or, if it makes changes, shall ensure that it maintains equivalent management oversight over
compliance with all Communications Laws that are applicable to the operations of the Company. The
Compliance Plan will include, at a minimum, the following components:
(a)

Compliance Officer

. Within thirty (30) calendar days after the Effective Date,
Verizon Wireless shall designate a senior corporate manager with the requisite
corporate and organizational authority to serve as 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 Verizon Wireless complies with the terms
and conditions of the Compliance Plan and this Consent Decree. The
Compliance Officer shall have specific knowledge of the Licensing Rules and the
CGSA Modification Rules prior to assuming his/her duties.
(b)

Operating Procedures and Compliance Manual

. Within sixty (60) calendar
days after the Effective Date, Verizon Wireless shall review and augment its
existing Operating Procedures on compliance with the Licensing Rules
(Licensing Operating Procedures) and the CGSA Modification Rules (CGSA
Operating Procedures).32
(i)
Verizon Wireless’s Licensing Operating Procedures shall explain
the Licensing Rules and set forth the procedures that all Covered
Licensing Employees must follow to help ensure GTE’s
compliance with the Licensing Rules, including internal
procedures and policies specifically designed to ensure that GTE


32 Verizon Wireless represents that it maintains written Operating Procedures on the Licensing Rules and CGSA
Modification Rules and that these documents provide guidance on standard operating procedures with which
Covered Employees must comply, include a detailed explanation of Verizon Wireless’s obligations under the
Licensing Rules and the CGSA Modification Rules, and outline general principles of business conduct in connection
with Verizon Wireless’s compliance with these rules.
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does not commence operation of a wireless radio station without
a valid authorization and does not operate such station in a
manner inconsistent with such authorization. Verizon Wireless
shall distribute the Licensing Operating Procedures to all
Covered Licensing Employees within sixty (60) calendar days
after the Effective Date.
(ii)
Verizon Wireless’s CGSA Operating Procedures shall explain
the CGSA Modification Rules and set forth the procedures that
all Covered Service Area Employees must follow to help ensure
Verizon Wireless’s compliance with the CGSA Modification
Rules, which shall include internal procedures and policies
specifically designed to ensure that all applications and
notifications filed by Verizon Wireless with respect to the
modification of a CGSA are timely filed in accordance with the
CGSA Modification Rules. Verizon Wireless shall distribute the
CGSA Operating Procedures to all Covered Service Area
Employees within sixty (60) calendar days after the Effective
Date.
(iii)
Verizon Wireless shall periodically review and revise its
Operating Procedures as necessary to ensure that the information
set forth therein remains current and complete, and shall
distribute any revisions to the Operating Procedures promptly to
all applicable Covered Employees.
(c)

Compliance Training

. Verizon Wireless shall establish and implement a
Compliance Training Program: (i) for Covered Licensing Employees on
compliance with the Licensing Rules and the Licensing Operating Procedures;
and (ii) for Covered Service Area Employees on compliance with the CGSA
Modification Rules and the CGSA Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of Verizon
Wireless’s obligation to report noncompliance 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 pursuant to the
Training Program within ninety (90) calendar days after the Effective Date,
except that any person who becomes a Covered Employee at any time after the
Effective Date shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. Verizon Wireless shall repeat the
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.
(d)

Termination Date

. Unless stated otherwise, the requirements of this paragraph
13 of the Consent Decree shall expire twenty-four (24) months after the Effective
Date.
14.

Reporting Noncompliance

. Verizon Wireless shall report any noncompliance with the
Licensing Rules by GTE, and any noncompliance with the terms and conditions of this Consent Decree by
Verizon Wireless within fifteen (15) calendar days after the discovery of such noncompliance. Such
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reports shall include a detailed explanation of: (i) each instance of noncompliance; (ii) the steps that
Verizon Wireless has taken or will take to remedy such noncompliance; (iii) the schedule on which such
remedial actions will be taken; and (iv) the steps that Verizon Wireless has taken or will take to prevent the
recurrence of any such noncompliance. All such reports of noncompliance shall be submitted to the Chief,
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 3-C366, Washington, D.C. 20554, with a copy submitted electronically to Nissa
Laughner at Nissa.Laughner@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov, JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov, and Daudeline Meme at Daudeline.Meme@fcc.gov. The reporting obligations
set forth in this paragraph 14 shall expire twenty-four (24) months after the Effective Date.
15.

Compliance Reports

. Verizon Wireless shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective
Date, and twenty-four (24) months after the Effective Date.
(a)
Each compliance report shall include a detailed description of Verizon
Wireless’s efforts during the relevant period to comply with: (i) the
Licensing Rules as applicable to GTE; (ii) the CGSA Modification Rules;
and (iii) the terms and conditions of this Consent Decree. In addition, each
Compliance Report shall include a certification by the Compliance Officer,
as agent of and on behalf of Verizon Wireless, stating that the Compliance
Officer has personal knowledge that Verizon Wireless: (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 hereof.
(b)
The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16
of the Rules33 and be subscribed to as true under penalty of perjury in
substantially the form set forth therein.
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of Verizon Wireless, 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 Verizon
Wireless 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 Verizon Wireless 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, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 3-C366, Washington, D.C. 20554,
with a copy submitted electronically to Nissa Laughner at
Nissa.Laughner@fcc.gov, Kathy Harvey at Kathy.Harvey@fcc.gov, JoAnn


33 47 C.F.R. § 1.16.
9

Federal Communications Commission

DA 12-841

Lucanik at JoAnn.Lucanik@fcc.gov, and Daudeline Meme at
Daudeline.Meme@fcc.gov.
16.

Section 208 Complaints; Subsequent Investigations

. Nothing in this Consent Decree
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to
Section 208 of the Act against Verizon Wireless 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 complaints will be based solely on the record developed in that proceeding. Except as expressly
provided in this Consent Decree, this Consent Decree shall not prevent the Commission from investigating
new evidence of noncompliance by Verizon Wireless with the Communications Laws.
17.

Voluntary Contribution

. Verizon Wireless agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one hundred sixty-five thousand dollars
($165,000). The payment must be made within thirty (30) calendar days after the Effective Date. The
payment must be made by check or similar instrument, wire transfer, or credit card and must include the
Account Number and FRN referenced in the caption to the Adopting Order. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must also be submitted. An FCC Form 159
may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 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). Payment by check or money order must be made payable to the order
of the Federal Communications Commission. Such payments may 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 may be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account
Number 27000001. Payment by credit card may be made by providing the required credit card
information on FCC Form 159 and signing and dating the form to authorize the credit card payment.
Verizon Wireless must also send electronic notification to Nissa Laughner at Nissa.Laughner@fcc.gov,
Kathy Harvey at Kathy.Harvey@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@fcc.gov, Daudeline Meme at
Daudeline.Meme@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is
made.
18.

Waivers

. Verizon Wireless waives any and all rights it may have to seek administrative
or judicial reconsideration, review, appeal, or stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order as defined
herein. Verizon Wireless shall retain the right to challenge Commission interpretation of the Consent
Decree or any terms contained herein. If any Party (or the United States on behalf of the Commission)
brings a judicial action to enforce the terms of the Adopting Order, Verizon Wireless and the Commission
shall not contest the validity of the Consent Decree or of the Adopting Order, and Verizon Wireless shall
waive any statutory right to a trial de novo. Verizon Wireless hereby agrees to waive any claims it may
have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to the
matters addressed in this Consent Decree.
19.

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.
20.

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 Verizon Wireless does not
expressly consent), that provision will be superseded by such Rule or Commission order.
10

Federal Communications Commission

DA 12-841

21.

Successors and Assigns

. Verizon Wireless agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
22.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigations. The Parties further
agree that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal
finding or determination regarding any compliance or noncompliance with the Communications Laws.
23.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
24.

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.
25.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Verizon Wireless represents and warrants that he is authorized by Verizon Wireless to execute this
Consent Decree and to bind Verizon Wireless to the obligations set forth herein. The FCC signatory
represents that she is signing this Consent Decree in her official capacity and that she is authorized to
execute this Consent Decree.
26.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
John T. Scott, III
Vice President and Deputy General Counsel
Verizon
____________________________
Date
11

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