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Docomo Pacific pays $65K in HAC settlement; implements compliance plan

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Released: April 9, 2013

Federal Communications Commission

DA 13-425

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No.: EB-10-SE-109
In the Matter of
)
)
Acct. No.: 201332100008
DOCOMO Pacific, Inc.
)
)
FRN: 0004242723
)

ORDER

Adopted: April 9, 2013

Released: April 9, 2013

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
DOCOMO Pacific, Inc. (DOCOMO). The Consent Decree resolves and terminates the Bureau’s
investigation into possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of the Commission’s rules
(Rules)1 pertaining to the deployment of digital wireless hearing aid-compatible handset models.
2.
The Bureau and DOCOMO have negotiated the Consent Decree that resolves this matter.
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
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 DOCOMO possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent
Decree attached to this Order

IS ADOPTED.

6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED.



1 47 C.F.R. § 20.19(c)(3), (d)(3).
2 47 U.S.C. §§ 154(i), 154(j), 503(b).
3 47 C.F.R. §§ 0.111, 0.311.

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DA 13-425

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 James W. Hofman, II, DOCOMO
Pacific, Inc., 219 South Marine Corps Drive, Suite 206, Tamuning, GU 96913, and to Todd R.
Slamowitz, Esq., Lucas, Nace, Gutierrez & Sachs, LLP, Counsel for DOCOMO Pacific, Inc., 8300
Greensboro Drive, Suite 1200, McLean, VA 22102.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-425

Before the

Federal Communications Commission

Washington, D.C. 20554

)
File No.: EB-10-SE-109
In the Matter of
)
)
Acct. No.: 201332100008
DOCOMO Pacific, Inc.
)
)
FRN: 0004242723

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and DOCOMO Pacific,
Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose of
terminating the Bureau’s investigation into possible violations of Sections 20.19(c)(3) and 20.19(d)(3) of
the Commission’s rules1 pertaining to the deployment of digital wireless hearing aid-compatible handset
models.

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) “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 DOCOMO is
subject by virtue of its business activities, including but not limited to, the Hearing
Aid Compatibility Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 9.
(g) “Covered Employees” means all employees and agents of DOCOMO who perform,
or supervise, oversee, or manage the performance of, duties that relate to
DOCOMO’s responsibilities under the Hearing Aid Compatibility Rules.
(h) “DOCOMO” means DOCOMO Pacific, Inc. and its predecessors-in-interest and
successors-in-interest.
(i) “Effective Date” means the date on which the Bureau releases the Adopting Order.


1 47 C.F.R. § 20.19(c)(3), (d)(3).

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DA 13-425

(j) “Hearing Aid Compatibility Rules” means Section 20.19 of the Rules and other
Communications Laws governing digital wireless hearing aid-compatibility, such as
the Rules governing the design, selection, or acquisition of wireless handsets and the
marketing or distribution of such handsets to consumers in the United States.
(k) “Investigation” means the Investigation commenced by the Bureau’s September 28,
2010, letter of inquiry2 regarding DOCOMO’s deployment of digital wireless
hearing aid-compatible handsets.
(l) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by DOCOMO to implement the Compliance Plan.
(m) “Parties” means DOCOMO and the Bureau, each of which is a “Party.”
(n) “Rules” mean the Commission’s regulations found in Title 47 of the Code of Federal
Regulations.

II.

BACKGROUND

2.
In the 2003 Hearing Aid Compatibility Order, the Commission adopted several measures
to enhance the ability of consumers with hearing loss to access digital wireless telecommunications.3 The
Commission established technical standards for radio frequency interference (the M rating) and inductive
coupling (the T rating)4 that digital wireless handsets must meet to be considered compatible with hearing
aids operating in acoustic coupling and inductive coupling (telecoil) modes, respectively. For each of
these standards, the Commission further established deadlines by which manufacturers and service


2 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to John Wu,
Chief Operations Officer, DOCOMO Pacific, Inc. (Sept. 28, 2010) (on file in EB-10-SE-109).
3 The Commission adopted these requirements for digital wireless telephones under the authority of the Hearing Aid
Compatibility Act of 1988, codified at Section 710(b)(2)(C) of the Act, 47 U.S.C. § 610(b)(2)(C). See Section
68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible Telephones
, Report and Order, 18 FCC Rcd
16753, 16787, para. 89 (2003); Erratum, 18 FCC Rcd 18047 (2003) (Hearing Aid Compatibility Order); Order on
Reconsideration and Further Notice of Proposed Rulemaking, 20 FCC Rcd 11221 (2005).
4 As subsequently amended, Section 20.19(b)(1) provides that, for the period beginning June 6, 2008, and ending
December 31, 2009, a newly certified wireless handset is deemed hearing aid-compatible for radio frequency
interference if, at minimum, it meets the M3 rating associated with the technical standard set forth in either the
standard document “American National Standard Methods of Measurement of Compatibility between Wireless
Communication Devices and Hearing Aids,” ANSI C63.19-2006 (June 12, 2006) or ANSI C63.19-2007 (June 8,
2007). Beginning January 1, 2010, a newly certified handset must meet at least an M3 rating under ANSI C63.19-
2007 to be considered hearing aid-compatible for radio frequency interference. 47 C.F.R. § 20.19(b)(1). Section
20.19(b)(2) provides that, for the period beginning June 6, 2008, and ending December 31, 2009, a newly certified
wireless handset is deemed hearing aid-compatible for inductive coupling if, at minimum, it meets the T3 rating
associated with the technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007, and beginning
January 1, 2010, it is deemed hearing aid-compatible for inductive coupling if it meets at least a T3 rating under
ANSI C63.19-2007. Id. § 20.19(b)(2). Grants of certification issued before June 6, 2008, under previous versions
of ANSI C63.19 remain valid for hearing aid compatibility purposes. A recently adopted further amendment to
Section 20.19(b) of the Rules will permit manufacturers to test handsets for hearing aid compatibility using the 2011
version of the ANSI standard (ANSI C63.19-2011) as an alternative to ANSI C63.19-2007. See Amendment of the
Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets
, Third Report and Order, 27 FCC Rcd
3732 (WTB/OET 2012).
2

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DA 13-425

providers were required to offer specified numbers or percentages of digital wireless handsets per air
interface5 that are compliant with the relevant standard.6 In February 2008, as part of a comprehensive
reconsideration of the effectiveness of the Hearing Aid Compatibility Rules, the Commission adopted
new compatible handset deployment benchmarks.7
3.
On January 15, 2010, DOCOMO submitted its annual hearing aid compatibility status
report for the January 1, 2009, to December 31, 2009 reporting period.8 On August 12, 2010, the
Wireless Telecommunications Bureau referred DOCOMO’s apparent hearing aid-compatible handset
deployment violations to the Bureau for investigation and possible enforcement action. On September 28,
2010, the Bureau’s Spectrum Enforcement Division issued a letter of inquiry (LOI) to DOCOMO,
directing the company to submit a sworn written response to a series of questions related to its
compliance with Sections 20.19(c)(3) and 20.19(d)(3) of the Rules.9 DOCOMO responded to the LOI on
October 29, 2010.10 In its LOI Response, DOCOMO asserts that it was difficult to verify the hearing aid
compatibility ratings of certain of its handset models, and that it obtained handset model ratings “from the
resources at its disposal.”11 On December 21, 2012, DOCOMO submitted updated information regarding
its handset offerings during the January 1, 2009, to December 31, 2009 reporting period.12 The Bureau
and DOCOMO entered into tolling agreements to toll the statute of limitations.13

III.

TERMS OF AGREEMENT

4.

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.


5 The term “air interface” refers to the technical protocol that ensures compatibility between mobile radio service
equipment, such as handsets, and the service provider’s base stations. Currently, the leading air interfaces include
Code Division Multiple Access (CDMA), Global System for Mobile Communications (GSM), Integrated Digital
Enhanced Network (iDEN) and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
Telecommunications System (UMTS).
6 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. § 20.19(c), (d).
7 See Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets, First Report and
Order, 23 FCC Rcd 3406 (2008); Order on Reconsideration and Erratum, 23 FCC Rcd 7249 (2008). These handset
deployment requirements do not apply to service providers and manufacturers that meet the de minimis exception.
See 47 C.F.R. § 20.19(e); see also Amendment of the Commission’s Rules Governing Hearing Aid-Compatible
Mobile Handsets
, Policy Statement and Second Report and Order and Further Notice of Proposed Rulemaking, 25
FCC Rcd 11167, 11180–89, paras. 35–59 (2010).
8 DocomoPacific, Inc., Hearing Aid Compatibility Report, Docket No. 07-250 (Jan. 15, 2010) at
http://wireless.fcc.gov/hac_documents/100317/DOCOMO%20Pacific,%20Inc._145.PDF.
9 See supra note 2.
10 See Letter from David A. LaFuria, Lukas Nace Gutierrez & Sachs LLP, Counsel to DOCOMO Pacific, Inc., to
Jennifer Burton, Spectrum Enforcement Division, FCC Enforcement Bureau (Oct. 29, 2010) (LOI Response) (on
file in EB-10-SE-109).
11 Id.
12 See Declaration of James W. Hofman, II, General Counsel, DOCOMO Pacific, Inc. (Dec. 21, 2012) (on file in
EB-10-SE-109).
13 See, e.g., Tolling Agreement Extension, File No. EB-10-SE-109, executed by and between John D. Poutasse,
Acting Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, and Jay R. Shedd, Chief Executive
Officer, DOCOMO Pacific, Inc. (Feb. 9, 2012) (on file in EB-10-SE-109).
3

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DA 13-425

5.

Jurisdiction

. DOCOMO 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.
6.

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.
7.

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, DOCOMO 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 Investigation through the
Effective Date, or the existence of this Consent Decree, to institute on its own motion any new
proceeding, formal or informal, or take any action on its own motion against DOCOMO concerning the
matters that were the subject of the Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or
take any action on its own motion against DOCOMO with respect to DOCOMO’s basic qualifications,
including its character qualifications, to be a Commission licensee or to hold Commission licenses or
authorizations.
8.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date,
DOCOMO 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 DOCOMO 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 Hearing Aid Compatibility Rules prior to assuming his/her
duties.
9.

Compliance Plan

. For purposes of settling the matters set forth herein, DOCOMO
agrees that it shall within sixty (60) calendar days after the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the Communications Laws and with the
terms and conditions of this Consent Decree. With respect to the Hearing Aid Compatibility Rules,
DOCOMO shall implement the following procedures:
(a)

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, DOCOMO shall establish Operating Procedures that all
Covered Employees must follow to help ensure DOCOMO’s compliance with the
Hearing Aid Compatibility Rules. DOCOMO’s Operating Procedures shall include
internal procedures and policies specifically designed to ensure that DOCOMO offers
the requisite number or percentage of hearing aid-compatible digital wireless handset
models to consumers as required by the Hearing Aid Compatibility Rules, and
accurately reports its handset offerings in annual hearing aid compatibility status
reports. DOCOMO also shall develop a Compliance Checklist that describes the
steps that a Covered Employee must follow to ensure that the inclusion of a new
handset model, or discontinuance of an existing handset model offering, will not
4

Federal Communications Commission

DA 13-425

result in a violation of the Commission’s digital wireless hearing aid-compatible
handset deployment requirements. At a minimum, the Compliance Checklist shall
require Covered Employees to verify the hearing aid-compatibility rating of each
existing and proposed handset model offering using the Commission’s equipment
authorization database.
(b)

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 shall explain the Hearing Aid Compatibility
Rules and set forth the Operating Procedures that Covered Employees shall follow to
help ensure DOCOMO’s compliance with the Hearing Aid Compatibility Rules.
DOCOMO shall periodically review and revise the Compliance Manual as necessary
to ensure that the information set forth therein remains current and complete.
DOCOMO shall distribute any revisions to the Compliance Manual promptly to all
Covered Employees.
(c)

Compliance Training Program

. DOCOMO shall establish and implement a
Compliance Training Program on compliance with the Hearing Aid Compatibility
Rules and the Operating Procedures. As part of the Compliance Training Program,
Covered Employees shall be advised of DOCOMO’s obligation to report any
noncompliance with the Hearing Aid Compatibility Rules under paragraph 10 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 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. DOCOMO 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.
10.

Reporting Noncompliance

. DOCOMO shall report any noncompliance with the
Hearing Aid Compatibility 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 DOCOMO 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 DOCOMO has taken or will take to prevent the recurrence of any such noncompliance. All
reports of noncompliance shall be submitted to the Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission, Room 3-C366, 445 12th Street, S.W., Washington, DC
20554, with a copy submitted electronically to Jennifer Burton at Jennifer.Burton@fcc.gov and to Pamera
Hairston at Pamera.Hairston@fcc.gov.
11.

Compliance Reports

. DOCOMO 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 DOCOMO’s efforts
during the relevant period to comply with the terms and conditions of this Consent
Decree and the Hearing Aid Compatibility Rules. In addition, each Compliance
Report shall include a certification by the Compliance Officer, as an agent of and on
behalf of DOCOMO, stating that the Compliance Officer has personal knowledge
that DOCOMO (i) has established and implemented the Compliance Plan; (ii) has
5

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DA 13-425

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 10 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
Rules14 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 DOCOMO, 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 DOCOMO 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 DOCOMO 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 Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Washington, DC 20554, with a copy submitted electronically to Jennifer
Burton at Jennifer.Burton@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
12.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 8 through
11 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
13.

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 DOCOMO or its affiliates for alleged violations of the Act, or for any other
type of alleged misconduct, regardless of when such misconduct took place. The Commission’s
adjudication of any such 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 DOCOMO with the Communications
Laws.
14.

Voluntary Contribution

. DOCOMO agrees that it will make a voluntary contribution to
the United States Treasury in the amount of sixty five thousand dollars ($65,000) within thirty (30)
calendar days after the Effective Date. DOCOMO shall also send electronic notification of payment to
Jennifer Burton at Jennifer.Burton@fcc.gov, Pamera Hairston at Pamera.Hairston@fcc.gov, and
Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is made. The payment must be
made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account
number and FRN referenced above. Regardless of the form of payment, a completed FCC Form 159
(Remittance Advice) must be submitted.15 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:


14 47 C.F.R. § 1.16.
15 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
6

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DA 13-425

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

. DOCOMO 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. DOCOMO 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 Adopting Order, neither DOCOMO nor the Commission shall
contest the validity of the Consent Decree or of the Adopting Order, and DOCOMO shall waive any
statutory right to a trial de novo. DOCOMO hereby agrees to waive any claims it may have under the
Equal Access to Justice Act16 relating to the matters addressed in this Consent Decree.
16.

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.
17.

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 DOCOMO does not expressly
consent) that provision will be superseded by such Rule or Commission order.
18.

Successors and Assigns

. DOCOMO agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
19.

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 an adjudication on the merits or a factual or legal
finding or determination regarding any compliance or noncompliance with the Communications Laws.
20.

Modifications

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


16 Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also
47 C.F.R. §§ 1.1501-1.1530.
7

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21.

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.
22.

Authorized Representative

. The individual signing this Consent Decree on behalf of
DOCOMO represents and warrants that he is authorized by DOCOMO to execute this Consent Decree
and to bind DOCOMO 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.
23.

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
_______________________________
James W. Hofman, II
General Counsel
DOCOMO Pacific, Inc.
___________________________
Date
8

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