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CenturyLink Agrees to Pay $150K to Resolve Customer Privacy Issues

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Released: December 4, 2012

Federal Communications Commission

DA 12-1925

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
File No.: EB-TCD-12-000004381

)
CenturyLink, Inc.
)
Acct. No.: 201332170006
)
Compliance with the Commission’s
)
FRN: 0018626853
Rules and Regulations Governing Customer
)
Proprietary Network Information
)

ADOPTING ORDER

Adopted: December 4, 2012

Released: December 4, 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
CenturyLink, Inc. (CenturyLink or Company). The Consent Decree terminates the investigation
initiated by the Bureau regarding CenturyLink’s compliance with Section 222(c)(1) of the
Communications Act of 1934, as amended, 47 U.S.C. § 222(c)(1), and Section 64.2007 of the
Commission’s rules, 47 C.F.R. § 64.2007.
2.
The Bureau and CenturyLink have negotiated the terms of the Consent Decree
that resolves these matters. A copy of the Consent Decree is attached hereto and incorporated 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 referenced investigation.
4.
In the absence of material new evidence relating to this matter, we conclude that
our investigation raises no substantial or material questions of fact as to whether CenturyLink
possesses the basic qualifications, including those related to character, to hold or obtain any
Commission license or authorization.
5.
Accordingly,

IT IS ORDERED

, pursuant to Section 4(i) of the Communications
Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by Sections 0.111 and
0.311 of the Commission’s rules, 47 C.F.R §§ 0.111, 0.311, that the attached Consent Decree

IS
ADOPTED

.


1 This case was formerly assigned the File No. EB-10-TC-485. In January 2011, the Telecommunications
Consumers Division assigned a new case number.

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DA 12-1925

6.

IT IS FURTHER ORDERED

that the above-captioned matter

IS

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 E. Benedict,
Vice President – Federal Regulatory Affairs & Regulatory Counsel, CenturyLink, 1099 New
York Avenue, N.W., Suite 250, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 12-1925

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)

CenturyLink, Inc.
)
)

File No.: EB-TCD-12-000004381

Compliance with the Commission’s
)
Rules and Regulations Governing Customer
)
Acct. No.: 201332170006
Proprietary Network Information
)

)
FRN: 0018626853

CONSENT DECREE

I.

INTRODUCTION

1.
The Enforcement Bureau of the Federal Communications Commission and
CenturyLink, Inc., by their authorized representatives, hereby enter into this Consent Decree for
the purpose of terminating the Enforcement Bureau’s investigation regarding CenturyLink, Inc.’s
compliance with Section 222(c)(1) of the Communications Act of 1934, as amended,2 and
Section 64.2007 of the Commission’s rules.3

II.

DEFINITIONS

2.
For 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 and
conditions of this Consent Decree without change, addition, or modification.
c.
“Affiliate” shall have the same meaning defined in section 153(2) of the
Communications Act. 47 U.S.C. §153(2).
d. “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
e. “CenturyLink” or “Company” means CenturyLink, Inc., its Affiliates, and its
predecessors-in-interest and successors-in-interest, but excludes Qwest
Communications International, Inc. and its affiliates existing as of March 31,


1 This case was formerly assigned the file number EB-10-TC-485. In January 2011, the
Telecommunications Consumers Division assigned a new case number.
2 47 U.S.C. § 222(c)(1).
3 47 C.F.R. § 64.2007.

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DA 12-1925

2011 (Qwest).4 To the extent that any Qwest customers are integrated into
CenturyLink’s legacy systems for CPNI opt-out, they shall be included as
part of CenturyLink for purposes of this Consent Decree.
f.
“Commission” and “FCC” mean the Federal Communications Commission
and all of its bureaus and offices.
g. “Communications Laws” means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which
CenturyLink is subject by virtue of its business activities, including, but not
limited to, the CPNI Rules.
h. “Compliance Plan” means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
i.
“Covered Employees” means all employees and agents of CenturyLink who
perform, supervise, oversee, or manage the performance of, duties relating to
the management of CenturyLink’s CPNI opt-out programs.
j.
“CPNI Rules” means Section 222 of the Act, 47 U.S.C. § 222, and the rules
set forth at Section 64.2001 et. seq., 47 C.F.R. § 64.2001 et seq.
k. “Effective Date” means the date on which the Bureau releases the Adopting
Order.
l.
“Investigation” means the Bureau’s investigation regarding CenturyLink’s
compliance with Section 222 of the Communications Act, 47 U.S.C. § 222,
and Section 64.2007 of the Commission’s Rules, 47 C.F.R. § 64.2007,
commenced by the Bureau’s December 3, 2010 Letter of Inquiry to
CenturyLink described in paragraph 4 below.
m. “Operating Procedures” means the standard, internal operating procedures
and compliance policies established by CenturyLink to implement the
Compliance Plan.
n. “Parties” means CenturyLink and the Bureau, each of which is a “Party.”
o. “Rules” means the Commission’s regulations found in Title 47 of the Code
of Federal Regulations.


4 The FCC approved CenturyLink, Inc.’s merger with Qwest Communications International, Inc. on
March 18, 2011. The transaction closed on April 1, 2011.
2

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DA 12-1925

III.

BACKGROUND

3.
Pursuant to Section 222 of the Act,5 the Commission has adopted rules to protect
the confidentiality of customer proprietary network information (CPNI). These rules generally
require customer approval before a carrier may use, disclose, or permit access to CPNI.6
4.
On September 21, 2010, pursuant to section 64.2009(f) of the Commission’s
rules,7 CenturyLink filed a notice with the Commission reporting failures in its CPNI opt-out
mechanism.8 According to CenturyLink, it sent biennial CPNI notices to its customers in
September and early October 2009. The company states, however, that on September 16, 2010, it
discovered that one of its interactive voice response systems (IVR) had not been properly
recording opt-out selections for calls made to that toll-free number. The Bureau issued a letter of
inquiry (LOI) to CenturyLink on December 3, 2010.9 CenturyLink submitted its response to the
LOI on January 7, 2011.10 The Parties entered into agreements to toll the statute of limitations to
give the Parties an opportunity to engage in settlement discussions leading to this Consent
Decree.

IV.

TERMS OF AGREEMENT

5.

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.
6.

Jurisdiction.

CenturyLink 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.
7.

Effective Date; Violations.

The Parties agree that this Consent Decree shall
become effective on the Effective Date. Upon 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


5 47 U.S.C. § 222.
6 47 C.F.R. § 64.2007.
7 47 C.F.R. § 64.2009(f).
8 See Notification Pursuant to 47 C.F.R.§ 64.2009(f); CC Docket No. 96-115, Letter from Susan T. Pate,
Manager, Business Product Systems Integration, CenturyLink, Inc., to William Dever, Chief, Competition
Policy Division, FCC Wireline Competition Bureau, and Colleen Heitkamp, Chief, FCC Consumer Policy
Division, Consumer & Governmental Affairs Bureau (September 21, 2010) (on file in EB-TCD-12-
00000438).
9 See Letter of Inquiry from Kimberly A. Wild, Assistant Division Chief, Telecommunications Consumers
Division, FCC Enforcement Bureau, to Susan T. Pate, Manager, Business Product Systems Integration,
CenturyLink, Inc. (December 3, 2010) (on file in EB-TCD-12-00000438).
10 See Letter from Carrick B. Inabnett, Vice President and Assistant General Counsel, CenturyLink, Inc., to
Kristi Thompson, Deputy Division Chief, Telecommunications Consumers Division, FCC Enforcement
Bureau (January 7, 2011) (on file in EB-TCD-12-00000438).
3

Federal Communications Commission

DA 12-1925

violation of a Commission order, entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.
8.

Termination of Investigation.

In express reliance on the covenants and
representations contained herein, and to avoid expenditure of additional public resources, the
Bureau agrees to terminate the Investigation. In consideration for the termination of said
Investigation and in accordance with the terms of this Consent Decree, CenturyLink agrees to the
terms, conditions, and procedures contained herein. The Bureau further agrees that, in the
absence of new material evidence related to the Investigation, 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, or refer to the Commission, any new proceeding, formal or informal,
or take, on its own motion, or refer to the Commission, any action against CenturyLink,
concerning the matters that were the subject of the Investigation, or with respect to CenturyLink’s
basic qualifications, including its character qualifications, to be a Commission licensee or hold
other Commission authorizations.
9.

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 CenturyLink 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 CenturyLink
of the Act, the Commission’s Rules, or the Adopting Order.
10.

Compliance Plan.

For purposes of settling the matters set forth herein,
CenturyLink agrees that it shall within thirty (30) calendar days after the Effective Date, develop
and implement a Compliance Plan, consistent with its responsibility to ensure future compliance
with the Communications Laws, including the CPNI Rules, and with the terms and conditions of
this Consent Decree. The Compliance Plan shall include, without limitation, the following
components:
a.

Compliance Officer

. Within fifteen (15) calendar days after the
Effective Date, CenturyLink 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 CenturyLink
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/her
duties under this Consent Decree, the Compliance Officer shall have specific knowledge of the
CPNI Rules prior to assuming his/her duties.
b.

Compliance Operating Procedures.

To help ensure that IVR CPNI
requests are properly recorded, CenturyLink shall maintain the following Operating Procedures
regarding its use of any IVRs to record opt-out requests:
i.
A Covered Employee within the Company’s marketing
organization shall serve as Manager of Reporting Quality with
responsibility of monitoring the IVR opt-out process end-to-end
to ensure the transactions are being recorded with all necessary
4

Federal Communications Commission

DA 12-1925

data. The Manager of Reporting Quality reports directly to the
Company’s Product Operations Manager and indirectly to the
Senior Vice President – Marketing, whose organization oversees
all consumer and small to large business marketing, including
use of CPNI for CenturyLink marketing.
ii.
The Company shall maintain an alarm function to make sure the
IVR is working and accepting calls. The alarm function is
specialized software tied to the phone system that dials the
telephone numbers for the CPNI IVR 800 routing numbers
continuously. If it detects an inactive line, it will alert the
relevant CenturyLink staff to take action. Monitoring will be
provided 24 hours per day, 7 days per week, by the Customer
Care Team.
iii.
CenturyLink shall use an automated dashboard reporting system
that generates data on opt-out elections and the IVR’s results, so
that any drops in volumes of opt-out elections will be noticeable.
The automated dashboard reporting system shall track the
activity on the IVR for elections, generating both summary and
detail data. The summary data shall provide an overview of
election volumes by day, and therefore, would reveal any sudden
drops in activity. The detail data shall include a test account
number and a telephone number, both of which are changed each
business day. The dashboard reporting system shall allow the
company to ensure the values, including customers’ CPNI
elections, are properly captured and written to the system report.
This report shall be reviewed each business day by the Manager
of Quality Reporting.
iv.
CenturyLink shall monitor the IVR’s performance each business
day. Specifically, the Manager of Reporting Quality (or his or
her designee) shall monitor the IVR’s performance by
telephoning the IVR each business day to confirm it is answering
properly, giving the correct prompts, and operating correctly.
This is in addition to the monitoring of the alarm functionality by
the IVR Customer Care Team.
v.
CenturyLink shall confirm each business day that data from
CPNI elections entered via the IVR is properly transferred to
CenturyLink’s billing system and marketing database.
Specifically, the Manager of Reporting Quality (or his or her
designee) shall enter a sample CPNI opt-in/opt-out election at
the IVR and track that the request registers properly from the
CenturyLink IVR to the billing system and marketing database.
If the sample opt-in/opt-out request does not register properly,
the Manager of Reporting Quality shall analyze why and initiate
repair and resolution. The Manager of Reporting Quality shall
also immediately call an internal “red flag” meeting (or high
priority meeting with notice to top marketing and systems
5

Federal Communications Commission

DA 12-1925

management). During the repair, calls to the IVR shall be
rerouted 24/7 to a live operator to receive opt-in/opt-out
selections. Additionally, marketing use of CPNI shall cease
immediately until the error with the data feed is identified and
corrected.
vi.
Any changes, additions, or deletions to the IVR system (or any
systems that interact with the IVR system) shall be coordinated
through the Manager of Reporting Quality to ensure there is no
negative effect on the IVR system as a result of such change,
addition, or deletion.
c.

Compliance Manual.

Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a Compliance
Manual to all Covered Employees. The Compliance Manual may be made available and
distributed by electronic means. The Compliance Manual shall explain the CPNI Rules
and set forth the Operating Procedures that Covered Employees shall follow to help
ensure CenturyLink’s compliance with the CPNI Rules. CenturyLink shall periodically
review and revise the Compliance Manual, as necessary, to ensure that the information
set forth therein remains current and complete. CenturyLink shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
d.

Compliance Training Program.

CenturyLink shall establish and
implement a Compliance Training Program on compliance with the CPNI Rules and the
Operating Procedures. As part of the Compliance Training Program, Covered Employees
shall be advised of CenturyLink’s obligation to report any noncompliance with the CPNI
Rules under paragraph 11 of this Consent Decree and shall be instructed on how to
disclose such noncompliance to the Compliance Officer. All Covered Employees shall
be trained pursuant to the Compliance Training Program within sixty (60) 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. CenturyLink 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.
11.

Reporting Non-Compliance.

CenturyLink shall report to the Bureau any non-
compliance with this Consent Decree within 15 calendar days after the discovery of non-
compliance. CenturyLink shall also: (i) report to the Bureau any non-compliance with
requirements relating to approval for use of CPNI, as set forth in Section 64.2007 of the Rules,
within 15 calendar days after discovery of such non-compliance; (ii) report to the Bureau any
non-compliance with requirements relating to notice for use of CPNI, as set forth in Section
64.2008 of the Rules, within 15 days after discovery of non-compliance; (iii) report to the Bureau
any non-compliance with the requirements relating to safeguards for use of CPNI, as set forth in
Section 64.2009 of the Rules; and (iv) simultaneously provide to the Bureau a confidential copy
of all notifications that CenturyLink submits to law enforcement, pursuant to Section 64.2011(a)
of the Rules. The reports required by this paragraph shall include a detailed explanation of (i)
each instance of non-compliance; (ii) the steps that CenturyLink has taken or will take to remedy
such non-compliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the
steps that CenturyLink has taken or will take to prevent the recurrence of any such non-
6

Federal Communications Commission

DA 12-1925

compliance. All reports of non-compliance and notifications shall be submitted to the Chief,
Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, with a copy submitted electronically to
Donna Cyrus at donna.cyrus@fcc.gov.
12.

Compliance Reports.

The Compliance Officer, as an agent of and on behalf of
CenturyLink, shall file compliance reports ninety (90) calendar days after the Effective Date, six
(6) months after the Effective Date, one (1) year after the Effective Date, and at the end of the
two (2) year term.
a.
Each compliance report shall include a detailed description of
CenturyLink’s efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and the Commission’s CPNI
Rules
b.
Each compliance report shall include a certification by the Compliance
Officer, as an agent of and on behalf of CenturyLink, stating that the
Compliance Officer has personal knowledge that CenturyLink (A) has
established and implemented the Compliance Plan; (B) has been
following all aspects of the Compliance Plan for the entire term of the
Consent Decree; and (C) is not aware of any instances of non-
compliance with the terms and conditions of this Consent Decree—
including the reporting obligations set forth in paragraph 11 above—that
have not been disclosed as required by paragraph 11 above. The
certification shall be accompanied by a statement explaining the basis for
the certification and must comply with Section 1.16 of the Rules,11 and
be subscribed to as true under penalty of perjury.
c.
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of CenturyLink, shall
provide the Commission with a detailed explanation of the reason(s) why
and describe fully (A) each instance of non-compliance; (B) the steps
that CenturyLink has taken or will take to remedy such non-compliance,
including the schedule on which proposed remedial actions will be taken;
and (C) the steps that CenturyLink has taken or will take to prevent
recurrence of any such non-compliance, including the schedule on which
such preventive action will be taken.
d.
All Compliance Reports must be mailed within fifteen (15) calendar days
of the one (1) and the two (2) year anniversary of the Effective Date, and
submitted to the Chief, Telecommunications Consumers Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554, and must include the file number
listed above. CenturyLink shall also send an electronic copy of its
certification to Donna Cyrus at donna.cyrus@fcc.gov.


11 47 C.F.R. § 1.16.
7

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DA 12-1925

13.

Termination Date.

The obligations set forth in paragraphs 10 through 12 of this
Consent Decree shall expire twenty-four (24) months after the Effective Date, except that the
Compliance Report requirement shall expire twenty-four months and sixteen calendar days after
the Effective Date. Additionally, in the event that the opt-out requirements set forth in sections
64.2001-2009 of the Commission’s Rules (47 C.F.R. §§ 64.2001-2009) are repealed, this Consent
Decree shall be terminated when the action repealing the rules becomes final.
14.

Voluntary Contribution.

CenturyLink agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one hundred, fifty thousand dollars
($150,000) within thirty (30) calendar days after the Effective Date. CenturyLink shall also send
electronic notification of payment to Johnny Drake at johnny.drake@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.12 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 you should follow based on the form of payment you select:
Ÿ
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.
Ÿ
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.
Ÿ
Payment by credit card must be made by providing the required credit card
information on FCC Form 159 and signing and dating the Form 159 to authorize the
credit card payment. The completed Form 159 must then be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101.
If you have questions regarding payment procedures, please contact the Financial Operations
Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15.

Waivers

. Provided the Bureau issues an Adopting Order, CenturyLink 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. CenturyLink shall retain the right to challenge the Commission’s interpretation of the
Consent Decree or any terms contained herein, and of the Commission’s Rules. If either Party (or
the United States on behalf of the Commission) brings a judicial action to enforce the terms of the
Adopting Order or this Consent Decree, neither CenturyLink nor the Bureau shall contest the
validity of the Consent Decree or the Adopting Order, and CenturyLink shall waive any statutory
right to a trial de novo with respect to the issuance of the Adopting Order and shall consent to a


12 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
8

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DA 12-1925

judgment incorporating the terms of this Consent Decree. CenturyLink hereby agrees to waive
any claims it may otherwise 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 contained in this Consent Decree.
16.

Severability.

The Parties agree that if any of the provisions of the Adopting
Order or the Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability
shall not invalidate or render unenforceable the entire Adopting Order or Consent Decree, but
rather the entire Adopting Order or Consent Decree shall be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the
Parties shall be construed and enforced accordingly. 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.
17.

Privileged and Confidential Documents.

By this Consent Decree, CenturyLink
neither waives nor alters its right to assert and seek protection from disclosure of any privileged
or otherwise confidential and protected documents and information, or to seek appropriate
safeguards of confidentiality for any competitively sensitive or proprietary information.
18.

Subsequent Rule or Order.

The Parties agree that if any provision of this
Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission,
that provision will be superseded by such Commission rule or order.
19.

Successors and Assigns

. CenturyLink agrees that the provisions of this Consent
Decree shall be binding on its successors, assigns, and transferees.
20.

Final Settlement.

The Parties agree and acknowledge that this Consent Decree
shall constitute a final settlement between the Parties with respect to the Investigation. The
Parties further agree that this Consent Decree does not constitute either adjudication on the merits
or a factual or legal finding or determination regarding any compliance or noncompliance with
the Communications Laws.
21.

Modifications.

This Consent Decree cannot be modified or amended without the
advance written consent of both Parties.
22.

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.
23.

Counterparts.

This Consent Decree may be signed in counterparts (including
by facsimile or electronic mail), 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.
9

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24.

Authorized Representative.

The individual signing this Consent Decree on
behalf of CenturyLink represents and warrants that he is authorized by CenturyLink to execute
this Consent Decree and to bind CenturyLink 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.

For: Federal Communications Commission
_____________________________________
P. Michele Ellison
Chief
Enforcement Bureau
_____________________________________
Date
For: CenturyLink, Inc.
_____________________________________
John E. Benedict
Vice President – Federal Regulatory Affairs & Regulatory Counsel
CenturyLink, Inc.
_____________________________________
Date
10

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