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NTT DOCOMO USA Pays $100,000 To Settle Hearing Aid Compatibility Probe

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Released: September 25, 2013
Federal Communications Commission
DA 13-1864

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File Nos.: EB-SED-12-00003542;
)
EB-SED-13-00006161
NTT DOCOMO USA, Inc.
)
)

Acct. No.: 201332100018
)
)

FRN: 0020632055

ORDER

Adopted: September 25, 2013

Released: September 25, 2013
By the Acting 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 NTT
DOCOMO USA, Inc. (DOCOMO USA). The Consent Decree resolves and terminates the Bureau's
investigations 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 handsets.
2.
The Bureau and DOCOMO USA have negotiated the Consent Decree that resolve 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 DOCOMO USA 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

.

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.

Federal Communications Commission
DA 13-1864
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 Masaaki Maeda, President & CEO,
NTT DOCOMO USA, Inc., 101 Park Avenue, 41st Floor, New York, NY 10178, and to David H.
Solomon, Esq. and Jennifer L. Kostyu, Esq., Wilkinson Barker Knauer, LLP, Counsel for NTT
DOCOMO USA, Inc., 2300 N Street, N.W., Suite 700, Washington DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission
DA 13-1864

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-SED-12-00003542;
)
EB-SED-13-00006161
NTT DOCOMO USA, Inc.
)
)

Acct. No.: 201332100018
)
)
FRN: 0020632055

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and NTT DOCOMO
USA, Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau's investigations 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 handsets.

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 USA
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 10.
(g) "Covered Employees" means all employees and agents of DOCOMO USA who
perform, or supervise, oversee, or manage the performance of, duties that relate to
DOCOMO USA's responsibilities under the Hearing Aid Compatibility Rules.

1 47 C.F.R. 20.19(c)(3), (d)(3).

Federal Communications Commission
DA 13-1864
(h) DOCOMO USA" means NTT DOCOMO USA, Inc. and its predecessors-in-interest
and successors-in-interest
(i) "Effective Date" means the date on which the Bureau releases the Adopting Order.
(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) "Investigations" means, collectively, (1) the investigation commenced by the
Bureau's August 17, 2012 letter of inquiry2 regarding DOCOMO USA's
deployment of digital wireless hearing aid-compatible handsets during the 2011
reporting period, and (2) the investigation initiated following DOCOMO USA's
disclosure of possible hearing aid-compatible handset deployment violations during
the 2012 reporting period.
(l) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by DOCOMO USA to implement the Compliance
Plan.
(m) "Parties" means DOCOMO USA and the Bureau, each of which is a "Party."
(n) "Rules" means 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

2 Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Masaaki
Maeda, President & CEO, NTT DOCOMO USA, Inc. (Aug. 17, 2012) (on file in EB-SED-12-00003542).
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 Communications Act of 1934, as amended (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) of the Rules 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
2

Federal Communications Commission
DA 13-1864
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
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 released an
order that, among other things, adopted new hearing aid-compatible handset deployment benchmarks that
became effective beginning in 2008.7
3.
On January 17, 2012, DOCOMO USA submitted its annual hearing aid compatibility
status report for the January 1, 2011 to December 31, 2011 reporting period.8 Based upon its review of
that report, the Commission's Wireless Telecommunications Bureau referred DOCOMO USA's possible
hearing aid-compatible handset deployment violations during the 2011 reporting period to the Bureau's
Spectrum Enforcement Division (Division) for investigation and possible enforcement action.
4.
On August 17, 2012, the Division issued a letter of inquiry (LOI) to DOCOMO USA,
which directed the company to submit a sworn written response to a series of questions relating to its
compliance with Hearing Aid Compatibility Rules.9 DOCOMO USA responded to the LOI on September
11, 2012.10 In its LOI Response, DOCOMO USA states that it commenced offering service as a Mobile
Virtual Network Operator in April 2011, and that the company primarily markets its service to Japanese
expatriates and other Japanese individuals in the United States.11 In October 2012, DOCOMO USA also
disclosed possible hearing aid-compatible handset deployment violations during the 2012 reporting

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. 47 C.F.R. 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).
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).
8 See NTT DOCOMO, USA, Inc. Hearing Aid Compatibility Report, Docket No. 07-250 (Jan. 17, 2012), available
at
http://wireless.fcc.gov/hac/index.htm?job=rpt_sp_a&sp=M_O.
9 See supra note 3.
10 See Letter from David H. Solomon, Esq. and Jennifer L. Kostyu, Esq., Wilkinson Barker Knauer LLP, Counsel to
NTT DOCOMO USA, Inc., to Jennifer Burton, Spectrum Enforcement Division, FCC Enforcement Bureau (Sept.
11, 2012) (on file in EB-SED-12-00003542) (LOI Response).
11 Id. at 2, 4.
3

Federal Communications Commission
DA 13-1864
period.12 The Bureau and DOCOMO USA entered into a tolling agreement to toll the applicable statute
of limitations.13

III.

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

. DOCOMO USA 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 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.
8.

Termination of Investigations

. 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, DOCOMO USA
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
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 USA
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 DOCOMO USA with respect to
DOCOMO USA's basic qualifications, including its character qualifications, to be a Commission licensee
or to hold Commission licenses or authorizations.
9.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date,
DOCOMO USA 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
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance
Plan and ensuring that DOCOMO USA 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.

12 See NTT DOCOMO, USA, Inc. Hearing Aid Compatibility Report, Docket No. 07-250 (Jan. 15, 2013), available
at
http://wireless.fcc.gov/hac/index.htm?job=rpt_sp_c.
13 See Tolling Agreement, executed by and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and David H. Solomon, Esq., Wilkinson Barker Knauer LLP, Counsel to NTT DOCOMO
USA, Inc. (Oct. 31, 2012) (on file in EB-SED-12-00003542).
4

Federal Communications Commission
DA 13-1864
10.

Compliance Plan

. For purposes of settling the matters set forth herein, DOCOMO USA
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 USA shall implement the following procedures:
(a)

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, DOCOMO USA shall establish Operating Procedures
that all Covered Employees must follow to help ensure DOCOMO USA's
compliance with the Hearing Aid Compatibility Rules. DOCOMO USA's Operating
Procedures shall include internal procedures and policies specifically designed to
ensure that DOCOMO USA 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 its annual
hearing aid compatibility status reports. DOCOMO USA 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 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 USA's compliance with the Hearing Aid Compatibility
Rules. DOCOMO USA shall periodically review and revise the Compliance Manual
as necessary to ensure that the information set forth therein remains current and
complete. DOCOMO USA shall distribute any revisions to the Compliance Manual
promptly to all Covered Employees.
(c)

Compliance Training Program

. DOCOMO USA 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 USA's obligation to report any
noncompliance with the Hearing Aid Compatibility Rules under paragraph 11 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 USA 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 Noncompliance

. DOCOMO USA 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 report shall include a detailed
5

Federal Communications Commission
DA 13-1864
explanation of (i) each instance of noncompliance; (ii) the steps that DOCOMO USA 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 USA 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.
12.

Compliance Reports

. DOCOMO USA shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective
Date, twenty-four (24) months after the Effective Date, and thirty-six (36) months after the Effective
Date.
(a) Each Compliance Report shall include a detailed description of DOCOMO USA'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 USA, stating that the Compliance Officer has
personal knowledge that DOCOMO USA (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 11 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 USA, 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 USA 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 USA 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., 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.
13.

Termination Date

. The obligations set forth in paragraphs 9 through 12 of this Consent
Decree shall expire thirty-six (36) months after the Effective Date.

14 47 C.F.R. 1.16.
6

Federal Communications Commission
DA 13-1864
14.

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 USA 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 USA with the
Communications Laws.
15.

Voluntary Contribution

. DOCOMO USA agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one hundred thousand dollars ($100,000)
within thirty (30) calendar days after the Effective Date. DOCOMO USA 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 DOCOMO USA should
follow based on the form of payment you select:

Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.

Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.

Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
If DOCOMO USA has 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.
16.

Waivers

. DOCOMO USA 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 USA 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 USA nor the

15 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

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DA 13-1864
Commission shall contest the validity of the Consent Decree or of the Adopting Order, and DOCOMO
USA shall waive any statutory right to a trial de novo. DOCOMO USA 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.
17.

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.
18.

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 USA does not
expressly consent) that provision will be superseded by such Rule or Commission order.
19.

Successors and Assigns

. DOCOMO USA 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 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.
21.

Modifications

. This Consent Decree cannot be modified 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.

Authorized Representative

. The individual signing this Consent Decree on behalf of
DOCOMO USA represents and warrants that he is authorized by DOCOMO USA to execute this Consent
Decree and to bind DOCOMO USA to the obligations set forth herein. The FCC signatory represents that
he is signing this Consent Decree in his official capacity and that he is authorized to execute this Consent
Decree.

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.
8

Federal Communications Commission
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24.

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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
Masaaki Maeda
President and Chief Executive Officer
NTT DOCOMO USA, Inc.
________________________________
Date
9

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