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Order and Consent Decree, Verizon Wireless to Pay $1.25 Million

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Released: July 31, 2012

Federal Communications Commission

DA 12-1228

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-1351
)
Cellco Partnership d/b/a Verizon Wireless
)
Acct. No.: 201232080028
)
)
FRN: 0003735230

ORDER

Adopted: July 31, 2012

Released: July 31, 2012

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau
(Bureau) and Cellco Partnership d/b/a Verizon Wireless (Verizon Wireless). The Consent Decree
terminates an investigation by the Bureau against Verizon Wireless for possible violations of Section
27.16 of the Commission’s rules and the 700 MHz Second Report and Order.1
2.
A copy of the Consent Decree negotiated by the Bureau and Verizon Wireless 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 Verizon Wireless 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) and 503(b) of the Act,2
and Sections 0.111 and 0.311 of the Commission’s rules,3 the Consent Decree attached to this Order

IS
ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.


1 See 47 C.F.R. § 27.16(b); Service Rules for the 698-746, 747-762, and 777-792 MHz Bands, Second
Report and Order, 22 FCC Rcd 15289, 15365, ¶ 206 (2007).
2 47 U.S.C. §§ 154(i), 503(b).
3 47 C.F.R. §§ 0.111, 0.311.

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7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by certified mail, return receipt requested, to William B. Petersen, Verizon Wireless, One Verizon
Way, Basking Ridge, NJ 07920.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
2

Federal Communications Commission

DA 12-1228

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-1351
)
Cellco Partnership d/b/a Verizon Wireless
)
Acct. No.: 201232080028
)
)
FRN: 0003735230

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Cellco
Partnership d/b/a Verizon Wireless, by their respective authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation
into possible violations of Section 27.16 of the Commission’s rules and the 700 MHz Order.1

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)
“Application” means an electronic program capable of operation on a
wireless device connected to the C-Block network.
(d)
“Application Store” means an online marketplace accessible by an
Internet access service using the C-Block Network through which users
can access and download Applications on their devices for their personal
use. This does not include Application Stores owned or operated by
Verizon Wireless.
(e)
“Application Store Communications” means communications by Verizon
Wireless with Application Store Operators regarding whether Third-
Party Applications should be made unavailable within that Application
Store to Verizon Wireless customers using the C-Block Network.
(f)
“Application Store Operator” means a person or entity other than
Verizon Wireless that operates an Application Store.
(g)
“Bureau” means the Enforcement Bureau of the Federal
Communications Commission.


1 See 47 C.F.R. § 27.16(b); Service Rules for the 698-746, 747-762, and 777-792 MHz Bands, Second
Report and Order, 22 FCC Rcd 15289, 15365, ¶ 206 (2007) (“700 MHz Order”).

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(h)
“C-Block Network” means a network operating within Block C in the
746-757 and 776-787 MHz bands.
(i)
“C-Block Rules” means Section 27.16 of the Rules and pertinent
provisions of the Commission’s 700 MHz Order4 governing the network
access requirements for Block C in the 746-757 and 776-287 MHz
bands.
(j)
“Commission” and “FCC” mean the Federal Communications
Commission and all of its bureaus and offices.
(k)
“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 C-Block Rules.
(l)
“Compliance Plan” means the compliance obligations and compliance
program described in this Consent Decree at paragraph 11.
(m)
“Covered Employees” means all employees and agents of Verizon
Wireless or supervisors of such employees or agents, who interact with
Application Store Operators or Application developers in relation to the
availability of Third Party Applications on the C-Block Network or who
set policies with respect to such availability as part of their job
responsibilities at Verizon Wireless, including, but not limited to,
employees and agents who communicate with Application Store
Operators or might reasonably be expected to undertake Application
Store Communications as part of their job responsibilities at Verizon
Wireless.
(n)
“Effective Date” means the date on which the Bureau releases the
Adopting Order.
(o)
“Investigation” means the investigation commenced by the Bureau’s
October 12, 2011 letter of inquiry in File No. EB-11—H-1351 pertaining
to possible violations of the C-Block Rules.
(p)
“Operating Procedures” means the internal operating procedures and
compliance policies established by Verizon Wireless to implement the
Compliance Plan.
(q)
“Parties” means Verizon Wireless and the Bureau, each of which is a
“Party.”
(r)
“Rules” means the Commission’s regulations found in Title 47 of the
Code of Federal Regulations.


4 See 700 MHz Order, 22 FCC Rcd at 15358-15374, paras. 189-230.
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(s)
“Tethering” means using a basic wireless phone or smartphone as a
modem to obtain network access and data usage for or more other
devices, such as a laptop computer, desktop computer, or tablet device.
(t)
“Third-Party Application” means an Application that has been developed
and distributed and/or offered to consumers in an Application Store by a
party other than Verizon Wireless.
(u)
“Verizon Wireless” or “Company” means Cellco Partnership d/b/a
Verizon Wireless, and each of its subsidiaries offering commercial
mobile radio service.

II.

BACKGROUND

2.
The C-Block rules provide that C-Block licensees shall not deny, limit or restrict
the ability of their customers to use the devices and Applications of their choice on the licensee’s
C-Block network, with certain exceptions.3
3.
Verizon Wireless holds a license to operate its network on the C-Block. It
launched its 4G LTE service using this spectrum on December 5, 2010. As required by the C-
Block rules, Verizon Wireless has published technical standards and established a certification
procedure for third parties to use in developing devices that will operate on the C-Block Network.
Verizon Wireless has also published guidelines for Application developers that describe best
practices for developing Applications that will operate on the C-Block Network.
4.
Verizon Wireless’s customer agreements in place in 2011 required that
subscribers, both those on unlimited data plans and those on usage-based plans, pay an additional
monthly fee if they tethered additional devices to their smartphones. Verizon Wireless referred to
this feature as Mobile Broadband Connect. In April 2011, Verizon Wireless asked an Application
Store Operator to filter from its Application Store eleven tethering Applications that customers
could use to tether without paying Verizon Wireless’s monthly tethering fee. The Application
Store Operator subsequently filtered those Applications so that Verizon Wireless customers could
no longer access them through the Application Store.
5.
On October 12, 2011, the Bureau issued a letter of inquiry (LOI) to Verizon
Wireless.4 The LOI directed Verizon Wireless to respond to a series of questions regarding the
availability of Third-Party Applications on the C-Block Network, and specifically inquired about
Verizon Wireless’s request to filter the tethering Applications and the requirement that all
customers pay an additional fee in order to use a tethering Application. Verizon Wireless
responded to the LOI on November 10, 2011.5 The Bureau sought additional information on


3 47 C.F.R. § 27.16(b); 700 MHz Order, 22 FCC Rcd at 15365, ¶ 206.
4 Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to John T. Scott III, Vice President and Deputy General
Counsel, Verizon Wireless (Oct. 12, 2011) (on file in File No. EB-11-1H-1351).
5 See Letter from John T. Scott, counsel for Verizon Wireless, to Edward Smith, Esq., Attorney Advisor,
Investigations and Hearings Division, FCC Enforcement Bureau (Nov. 14, 2011) (on file in File No. EB-
11-1H-1351).
3

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December 1, 2011, to which Verizon Wireless responded on December 15, 2011.6 Verizon
Wireless filed supplemental information on February 2, 2012.

III.

TERMS OF AGREEMENT

6.

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.
7.

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.
8.

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.
9.

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, 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 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 Verizon Wireless 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 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.
10.

Compliance Plan

. For purposes of resolving the matters set forth herein and
based on the facts and circumstances presented in this case, the Parties agree to the following
compliance provisions. Specifically, Verizon Wireless: (i) agrees to implement within thirty (30)
calendar days after the Effective Date a Compliance Plan relating to its future compliance with
the C-Block rules, including the rules governing the availability and use of Third-party
Applications, including Tethering Applications, by customers using Verizon Wireless’s C-Block
Network; 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


6 See Letter from William D. Wallace, counsel for Verizon Wireless, to Edward Smith, Investigations and
Hearings Division, FCC Enforcement Bureau (Dec. 15, 2011) (on file in File No. EB-11-1H-1351).
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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 C-Block Rules prior to assuming
his/her duties.
(b)

Compliance Procedures

. Within sixty (60) calendar days after the
Effective Date, Verizon Wireless shall implement written Operating
Procedures designed to ensure that any Application Store
Communications relating to the availability to Verizon Wireless
customers of particular Applications are first reviewed by legal counsel
for compliance with the C-Block Rules. Verizon Wireless’s Operating
Procedures shall set forth the procedures that all Covered Employees
must follow to help ensure compliance with those Operating Procedures,
including internal procedures and policies specifically designed to ensure
that Application Store Communications do not include demands that
Application Stores make unavailable to Verizon Wireless customers
Third-Party Applications for use on its C-Block Network for which
Verizon Wireless lacks a good faith belief that the Third-Party
Application is unlawful or harmful to its network, customers, or
customer devices. Verizon Wireless shall distribute the Operating
Procedures to all Covered Employees within sixty (60) calendar days
after the Effective Date. 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 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 C-Block rules that apply to Verizon Wireless, including
the prohibition against denying, limiting, or restricting the ability of its
customers to use the Applications of their choice on Verizon Wireless’s
C-Block network, and set forth the Operating Procedures that Covered
Employees shall follow to help ensure Verizon Wireless’s compliance
with the C-Block rules. Verizon Wireless shall periodically review and
revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and accurate. Verizon
Wireless shall distribute any revisions to the Compliance Manual
promptly to Covered Employees. The Compliance Manual will require
personnel to contact Verizon Wireless’s Compliance Officer, and if
appropriate, legal counsel, with any questions or concerns that arise with
respect to Verizon Wireless’s obligations under the C-Block rules.
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(d)

Compliance Training Program

. Verizon Wireless shall establish and
implement a Compliance Training Program on compliance with the C-
Block rules, including the prohibition against denying, limiting, or
restricting the ability of its customers to use the Applications of their
choice on Verizon Wireless’s C-Block network, and the Operating
Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of Verizon Wireless’s obligation to report
any noncompliance with the C-Block rules under paragraph 12 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. 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.
(e)

Termination Date

. Unless stated otherwise, the requirements of this
paragraph 10 of the Consent Decree shall expire twenty-four (24) months
after the Effective Date.
11.

Reporting Noncompliance

. Verizon Wireless shall report any noncompliance
with the C Block Rules that prohibit a licensee from denying, limiting, or restricting the ability of
its customers to use the devices and Applications of their choice on the licensee’s C Block
network, or 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 the Company 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 the Company has taken or will take to prevent the recurrence of any such
noncompliance. All reports of noncompliance shall be submitted to the Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330,
445 12th Street, S.W. Washington, D.C. 20554, with a copy submitted electronically to Theresa
Z. Cavanaugh at Terry.Cavanaugh@fcc.gov and Pamela S. Kane at Pamela.Kane@fcc.gov. The
reporting obligations set forth in this paragraph shall expire twenty-four (24) months after the
Effective Date.
12.

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 the terms and
conditions of this Consent Decree and with the C Block Rules that prohibit a
licensee from denying, limiting, or restricting the ability of its customers to
use the devices and Applications of their choice on the licensee’s C Block
network. Each Compliance Report shall also include a list of all Applications
that have been removed or filtered from Application Stores in response to
Application Store Communications between the Effective Date and the date
of the Compliance Report, along with a brief explanation of the reason(s)
Verizon Wireless requested removal or filtering. In addition, each
6

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Compliance Report shall include a certification by the Compliance Officer,
as an agent of and on behalf of Verizon Wireless, stating that the Compliance
Officer has personal knowledge that the Company (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
of this Consent Decree.
(b) The Compliance Officer’s certification shall be accompanied by a statement
explaining the basis for such certification and shall comply with Section 1.16
of the Rules5 and be subscribed to as true under penalty of perjury in
substantially the form set forth in Section 1.16.
(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 the
Company 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 the Company 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, Investigations &
Hearings Division, Enforcement Bureau, Federal Communications
Commission, Room 4-C330, 445 12th Street, S.W., Washington, D.C. 20554,
with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov and Pamela S. Kane at Pamela.Kane@fcc.gov.
13.

No Prejudice.

Nothing in this Consent Decree amends or modifies Verizon
Wireless’s rights or obligations under the C Block Rules, and in particular, nothing herein
authorizes Verizon Wireless to take any actions to deny, limit, or restrict the ability of its
customers to use the Applications of their choice on Verizon Wireless’s C Block network. To the
extent permissible under the C Block Rules and other applicable law and legal obligations:
(a)
nothing herein precludes Verizon Wireless from engaging in Application
Store Communications relating to particular Applications that are unlawful,
interfere with the operation of and/or management of Verizon Wireless’s
network, harm or interfere with devices being used by Verizon Wireless
customers, or otherwise are substantially harmful to Verizon Wireless
customers;
(b)
nothing herein precludes Verizon Wireless from notifying an Application
Store Operator whenever it believes that Applications posted in an
Application Store may violate the Application Store’s content policies, so
long as Verizon does not explicitly or implicitly request that the Application
be made unavailable to Verizon’s C Block customers;


5 47 C.F.R. § 1.16.
7

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(c)
nothing herein obligates Verizon Wireless to take affirmative steps, such as
including any particular Third Party Application in any Application Store
that Verizon Wireless itself operates, to make any particular Application
available to its customers on the C-Block Network or to design the devices it
offers customers to work with or accommodate any particular Application;
and
(d)
nothing herein prejudices Verizon Wireless’s right to determine what
Applications its customers are allowed to purchase through Verizon
Wireless’s billing mechanisms or to take remedial actions, including
termination of service, against customers who violate the terms and
conditions of their service plans or Verizon Wireless’s policies applicable to
the service provided to such customers.
14.

Other Actions

. Verizon Wireless commits that it will notify, or has notified, the
Application Store Operator that it no longer objects to the availability of the eleven tethering
Applications described in paragraph 4 to Verizon Wireless C-Block Network customers in the
Application Store. On June 28, 2012, Verizon Wireless modified its pricing plans to allow
customers on usage-based plans to tether their devices without paying an additional fee, while
customers on unlimited usage plans must continue to pay an additional fee to tether their devices.
Verizon Wireless customers on usage-based plans who subscribe to Mobile Broadband Connect
for tethering may terminate their subscription to that service without penalty.
15.

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
Communications Laws, 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.
16.

Voluntary Contribution

. Verizon Wireless agrees that it will make a voluntary
contribution to the United States Treasury in the amount of one million two hundred fifty
thousand dollars ($1,250,000) within thirty (30) calendar days after the Effective Date. Verizon
Wireless shall also send electronic notification of payment to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov and Pamela S. Kane at Pamela.Kane@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.6
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


6 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
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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.
17.

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.
18.

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.
19.

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.
20.

Successors and Assigns

. Verizon Wireless agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and transferees.
21.

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.
22.

Modifications

. This Consent Decree cannot be modified without the advance
written consent of both Parties.
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23.

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.
24.

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.
25.

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
____________________________
William B. Petersen
Vice President, General Counsel & Secretary
Verizon Wireless
____________________________
Date
10

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