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Verizon to Pay $50K to Resolve Radiofrequency Exposure Investigation

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Released: April 30, 2014

Federal Communications Commission

DA 14-561




Before the

Federal Communications Commission

Washington, D.C. 20554


In the Matter of
)


)
File No.: EB-FIELDNER-12-00004011

)

Cellco Partnership, d/b/a Verizon Wireless
)
Acct. No.: 201432400004

)

)
FRN: 0003290673

ORDER


Adopted: April 30, 2014

Released: April 30, 2014


By the Deputy Chief, Enforcement Bureau:

1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has resolved its investigation into whether Cellco Partnership, d/b/a Verizon Wireless
(Verizon Wireless), violated the Commission’s radiofrequency exposure (RFE) limits. Radiofrequency
emissions are commonplace -- radio and television broadcasting, wireless service, police radios, microwave
ovens, and radar are just a few examples of devices that produce such emissions. Because those emissions
at augmented levels may pose a risk to public health, however, the Commission has adopted rules requiring
transmitting facilities, including rooftop wireless antenna sites, to observe emission limits and, where
necessary, restrict access and post signs warning about possible exposure to radiofrequency emissions. In
this case, the Enforcement Bureau (Bureau) investigated complaints that Verizon Wireless violated the RFE
limits at rooftop antenna sites in the Philadelphia, Pennsylvania, and Hartford, Connecticut metropolitan
areas. To resolve the investigations, Verizon Wireless will pay $50,000 and implement a rigorous
compliance plan to protect Verizon Wireless employees, contractors, and other people who may come into
contact with radiofrequency emissions from Verizon Wireless facilities. The plan includes training for
Verizon Wireless employees and contractors, periodic inspections of approximately 5,000 Verizon Wireless
sites, reporting requirements, and other safety measures.
2.
In this Order, we adopt the attached Consent Decree negotiated by the Bureau and
Verizon Wireless. The Consent Decree resolves and terminates the Bureau’s investigations into Verizon
Wireless’s compliance with Section 1.1310 of the Commission’s rules (Rules).1 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 new material evidence relating to this matter, we conclude that our
investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses
the basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
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. § 1.1310.
2 47 U.S.C. §§ 154(i), 154(j), 503(b).
3 47 C.F.R. §§ 0.111, 0.311.


Federal Communications Commission

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6.

IT IS FURTHER ORDERED

that the above-captioned investigations

ARE


TERMINATED

.
7.

IT IS FURTHER ORDERED

that any third-party complaints and allegations against
Verizon Wireless related to the above-captioned investigations that are currently pending before the
Bureau as of the date of this Consent Decree ARE DISMISSED.
8.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by First Class U.S. Mail and Certified Mail, to Verizon Wireless at its address of record.


FEDERAL COMMUNICATIONS COMMISSION






William H. Davenport

Deputy Chief, Enforcement Bureau





































2


Federal Communications Commission

DA 14-561



Before the

Federal Communications Commission

Washington, D.C. 20554



)

In the Matter of
)
File No.: EB-FIELDNER-12-00004011

)

Cellco Partnership d/b/a Verizon Wireless
)
Acct. No.: 201432400004

)

)
FRN: 0003290673



CONSENT DECREE

1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) and Cellco Partnership d/b/a Verizon Wireless (Verizon Wireless), by their authorized
representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau’s
investigations into possible violations of Section 1.1310 of the Commission’s rules related to
radiofrequency exposure (RFE) limits.

I.

DEFINITIONS

2.
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 Verizon Wireless
is subject by virtue of its business activities, including but not limited to, the RFE
Compliance Rules.
(f) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at paragraph 11.
(g) “Covered Employees” means: (i) all employees of Verizon Wireless’s Real Estate
and RF Design Groups who supervise, oversee, or manage the performance of duties
that relate to Verizon Wireless’s responsibilities under the RFE Compliance Rules as
they pertain to radiofrequency transmitters at rooftop locations and (ii) employees of
Verizon Wireless that visit Verizon Wireless’s rooftop antenna sites to ensure
compliance with the RFE Compliance Rules.
(h) “Covered Contractors” means contractors for Verizon Wireless that visit Verizon
Wireless’s rooftop antenna sites to ensure compliance with the RFE Compliance
Rules.
(i) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(j) “Investigations” mean the investigations commenced by the Bureau regarding
Verizon Wireless’s compliance with Section 1.1310 of the Rules with respect to
certain transmitters in the Philadelphia, Pennsylvania and Hartford, Connecticut
metropolitan areas and any other investigation of a Verizon Wireless rooftop
transmitter site pending as of the Effective Date.

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(k) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Verizon Wireless to implement the Compliance
Plan.
(l) “Parties” means Verizon Wireless and the Bureau, each of which is a “Party.”
(m) “RFE Compliance Rules” means Section 1.1310 of the Rules as it relates to rooftop
antenna locations, exposure to radiofrequency emissions at such locations, and other
related RFE Communications Laws.
(n) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(o) “Verizon Wireless” means Cellco Partnership d/b/a Verizon Wireless and its
predecessors-in-interest and successors-in-interest.

II.

BACKGROUND

3.
The National Environmental Policy Act of 1969 (NEPA) requires agencies of the Federal
Government to evaluate the effects of their actions on the quality of the human environment. To meet its
responsibilities under NEPA, the Commission has adopted requirements for evaluating the environmental
impact of its actions. One of several environmental factors addressed by these requirements is human
exposure to radiofrequency emissions by FCC-regulated transmitters and facilities. In this regard, the
Commission has adopted rules to protect the public and workers from exposure to potentially harmful
radiofrequency fields. Section 1.1310 of the Rules requires licensees to comply with RFE limits with
respect to network transmitters. Restricting access to transmitter sites is one way licensees can
demonstrate compliance with RFE limits.
4.
In 2012 and 2013, in response to complaints, the Bureau initiated investigations of
Verizon Wireless’s compliance with Section 1.1310 of the Rules at various locations. During those
investigations, the Bureau concluded that the company may have violated Section 1.1310 at two
locations—one in Philadelphia, Pennsylvania and another in Hartford, Connecticut.
5.
In response to the Bureau Investigations, Verizon Wireless represents that it undertook
various compliance measures. Specifically, Verizon Wireless states the following: (i) subsequent to the
initiation of the Investigations, it inspected or caused to be inspected all of its approximately 5,000
rooftop antenna sites for purpose of reviewing and updating RFE warning signage at access and antenna
points; (ii) it rectified any signage deficiencies identified; (iii) it spent approximately $4.2 million to date
on this rooftop antenna site inspection program; (iv) it trained employees who work at the company’s two
Network Operations Centers (NOCs) regarding how to answer and respond to calls from individuals
requesting information about working in proximity to transmitter sites and made this training part of the
mandatory training for new NOC employees; and (v) going forward it will implement the terms of this
Consent Decree.

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.

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9.

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, Verizon Wireless
agrees to the terms, conditions, and procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts developed in the Investigations
through the Effective Date, or the existence of this Consent Decree, to institute on its own motion any
new proceeding, formal or informal, or take any action on its own motion against Verizon Wireless
concerning the matters that were the subject of the Investigations. The Bureau also agrees that, in the
absence of new material evidence, it will not use the facts developed in the Investigations through the
Effective Date, or the existence of this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or take any action on its own motion against Verizon Wireless with respect to Verizon
Wireless’s basic qualifications, including its character qualifications, to be a Commission licensee or to
hold Commission licenses or authorizations.
10.

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. 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 RFE Compliance Rules prior to assuming his/her duties.
11.

Compliance Plan

. For purposes of settling the matters set forth herein, Verizon
Wireless: (i) agrees that it shall within forty-five (45) calendar days after the Effective Date, develop and
implement a Compliance Plan designed to ensure compliance with the terms and conditions of this
Consent Decree and the requirements set forth in the attached Appendix; 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, including the RFE Compliance Rules, 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 Verizon Wireless’s compliance with all of the
Communications Laws, including the RFE Compliance Rules, that are relevant to the operations of
Verizon Wireless. Verizon Wireless agrees that it will either maintain this compliance structure, or, if it
makes changes, shall ensure that it maintains equivalent management oversight over compliance with all
Communications Laws, including the RFE Compliance Rules, that are applicable to the operations of
Verizon Wireless and to the terms of this Consent Decree. The Compliance Plan will include the
following components:
(a)

Operating Procedures on RFE Compliance Rules

. Within forty-five (45) calendar
days after the Effective Date, Verizon Wireless shall establish Operating Procedures
that all Covered Employees and Covered Contractors must follow. Compliance with
the requirements in the attached Appendix does not relieve Verizon Wireless of any
of its obligations with regard to the RFE Compliance Rules. The Operating
Procedures shall include procedures for the following:
(i) reviewing, at least once per calendar year, the “Radio Frequency Compliance
Signage and Demarcation Policy” document, prepared by Verizon Wireless
independent of the Commission and used by Covered Employees and Covered
Contractors, and making revisions as appropriate;
(ii) reviewing, at least once per calendar year, the “Radio Frequency Compliance
Signage and Demarcation Checklist” prepared by Verizon Wireless independent
of the Commission and used by Covered Employees and Covered Contractors
that describes the steps that Covered Employees and Covered Contractors must
follow to help ensure compliance with the RFE Compliance Rules, the
requirements set forth in the attached Appendix, and the terms of this Consent

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Decree, and making revisions as appropriate;
(iii) reviewing, during the ensuing eighteen (18) months from the date of this Consent
Decree or within calendar year 2014, all existing rooftop antenna sites for
compliance with the requirements set forth in the attached Appendix (Initial
Review);
(iv) re-inspecting, once an Initial Review has been conducted, each rooftop antenna
site a second time before the Consent Decree Termination Date to ensure
compliance with the attached Appendix, provided that such re-inspection shall
occur no less than six (6) months after the Initial Review; and
(v) ensuring that all new rooftop antenna sites comply with the requirements set forth
in the Appendix.
(b)

Compliance Training Program

. Verizon Wireless shall establish and implement a
Compliance Training Program on compliance with the RFE Compliance Rules and
the Operating Procedures. As part of the Compliance Training Program, Covered
Employees and Covered Contractors shall be advised of Verizon Wireless’s
obligation to report any noncompliance with the RFE Compliance Rules under
paragraph 12 of this Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. All Covered Employees and Covered
Contractors shall be trained pursuant to the Compliance Training Program within one
hundred twenty (120) calendar days after the Effective Date, except (i) any person
who becomes a Covered Employee or Covered Contractor at any time after the initial
Compliance Training Program session shall be trained within ninety (90) calendar
days after the date such person becomes a Covered Employee and/or Covered
Contractor; and (ii) for Covered Contractors, Verizon Wireless may obtain
certifications from such contractors that all Covered Contractors have received RFE
compliance training. Verizon Wireless’s receipt of such certification does not, in any
way, absolve Verizon Wireless of its ultimate responsibility for compliance with the
RFE Compliance Rules at any rooftop antenna site. Verizon Wireless shall repeat the
compliance training once per calendar year and shall review and revise the
Compliance Training Program at least once per calendar year to ensure that it
remains current and complete and to enhance its effectiveness.
12.

Reporting Noncompliance

. Verizon Wireless shall report any material noncompliance
with the terms and conditions of this Consent Decree and/or violations of the RFE Compliance Rules
within fifteen (15) calendar days after discovery of such noncompliance and/or violation of the RFE
Compliance Rules. Such reports shall include a detailed explanation of (i) each instance of material
noncompliance and/or rule violation; (ii) the steps that Verizon Wireless has taken or will take to remedy
such material noncompliance and/or rule violation; (iii) the schedule on which such remedial actions will
be taken; and (iv) the steps that Verizon Wireless has taken or will take to prevent the recurrence of any
such material noncompliance and/or rule violation. All reports of noncompliance shall be submitted to
Regional Counsel, Northeast Region, Enforcement Bureau, Federal Communications Commission,
Philadelphia Office, One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
Pennsylvania 19047, with a copy submitted electronically to NER-Response@fcc.gov.
13.

RFE Compliance Reports

. Verizon Wireless shall file Compliance Reports with the
Commission within one hundred and fifty (150) calendar days after the Effective Date, eighteen (18)
months after the Effective Date, and thirty (30) 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. In addition, each 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 Verizon Wireless (i) has

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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 material noncompliance other than those reported in paragraph 12
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
Rules, 47 C.F.R. § 1.16, and be subscribed to as true under penalty of perjury in
substantially the form set forth therein.
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of Verizon Wireless, shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully (i)
each instance of material noncompliance; (ii) the steps that Verizon Wireless has
taken or will take to remedy such material noncompliance, including the schedule on
which proposed remedial actions will be taken; and (iii) the steps that Verizon
Wireless has taken or will take to prevent the recurrence of any such material
noncompliance, including the schedule on which such preventive action will be
taken.
(d) All Compliance Reports shall be submitted to Regional Counsel, Northeast Region,
Enforcement Bureau, Federal Communications Commission, Philadelphia Office,
One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
Pennsylvania 19047, with a copy submitted electronically to NER-
Response@fcc.gov.
14.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 10 through
13 of this Consent Decree shall expire thirty (30) months after the Effective Date.
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, 47 U.S.C. § 208, against Verizon Wireless 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. Nothing in this Consent Decree shall prevent the Commission or its delegated authority, at
its sole discretion, from conducting inspections of any transmitter utilized by Verizon Wireless at any
time. Any violations of any of the Communications Laws, including Section 1.1310, will be enforced
through the process delineated in Section 503(b) of the Act and Section 1.80 of the Rules.
16.

Voluntary Contribution

. Verizon Wireless agrees that it will make a voluntary
contribution to the United States Treasury in the amount of fifty thousand dollars ($50,000) (Voluntary
Contribution) within thirty (30) calendar days after the Effective Date. Verizon Wireless acknowledges
and agrees that upon execution of this Consent Decree the Voluntary Contribution shall become a
“Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1). In addition, the Company agrees that it will
make the Voluntary Contribution in United States Dollars without further demand or notice by the date
specified above. Upon an Event of Default (as defined below), all procedures for collection as permitted
by law may, at the Commission’s discretion, be initiated. The Voluntary Contribution 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. Verizon Wireless shall also send electronic notification on the date
the Voluntary Contribution payment is made to NER-Response@fcc.gov. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be submitted. 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:

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

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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.
Any questions regarding payment procedures should be directed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
17.

Event of Default

. Verizon Wireless agrees that an Event of Default shall occur upon the
failure by Verizon Wireless to pay the full amount of the Voluntary Contribution on or before the due
date specified in this Consent Decree.
18.

Interest, Charges for Collection, and Acceleration of Maturity Date

. After an Event
of Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary Contribution
shall accrue interest, computed using the rate of the U.S. Prime Rate in effect on the date of the Event of
Default plus 4.75 percent, from the date of the Event of Default until payment in full. Upon an Event of
Default, the then unpaid amount of the Voluntary Contribution, together with interest, as aforesaid, any
penalties permitted and/or required by the law, including but not limited to interest and penalties
permitted under 31 U.S.C. § 3717 and administrative charge(s), plus the costs of collection, litigation, and
attorneys’ fees, shall become immediately due and payable, without notice, presentment, demand, protest,
or notice of protest of any kind, all of which are waived by Verizon Wireless.
19.

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 either Party (or the United States on behalf of the Commission)
brings a judicial action to enforce the terms of the Adopting Order, neither Verizon Wireless nor the
Commission shall 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.
20.

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.
21.

Subsequent Rule or Order

. The Parties agree that if any provision of the Consent
Decree is more or less restrictive than 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) regarding the same subject matter, that provision will be superseded by such Rule
or Commission order. For avoidance of doubt, this provision covers, among other things, any
Commission order adopted in FCC Docket Nos. ET 13-84 and/or ET 03-137 that addresses restricted
access, signage, or other related requirements with respect to rooftop transmitter sites.
22.

Successors and Assigns

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

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23.

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.
24.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
25.

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.
26.

Authorized Representative

. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent
Decree and to bind the Party to its terms and conditions.
27.

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.


________________________________
William H. Davenport
Deputy Chief
Enforcement Bureau

________________________________
Date






________________________________
Chris Miller
Vice President and
Associate General Counsel
Verizon

________________________________
Date



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APPENDIX


RESTRICTED ACCESS AND SIGNAGE PLACEMENT REQUIREMENTS

FOR VERIZON WIRELESS ROOFTOP ANTENNA SITES1


ROOFTOP ANTENNA SITES EXCEEDING GENERAL POPULATION/UNCONTROLLED LIMITS:
If the transmitter at a rooftop antenna site, or the transmitter combined with other nearby transmitters,
produces emissions that exceed the general population limit, Verizon Wireless shall:

(1) Restrict Access
a. Restrict access to the rooftop via a locked door to prevent access by those who are
not fully aware of their exposure or cannot exercise control over that exposure; or
b. If doors cannot be locked or may be left open, Verizon Wireless shall ensure that an
alarm is installed on the rooftop access door that provides notification to Verizon
Wireless or building management that the rooftop access door has been opened; or
c. If Verizon Wireless is unable to restrict access to the rooftop via a locked or alarmed
door, Verizon Wireless shall install another type of physical barrier (e.g., fences,
support poles and chains, etc.) around the areas exceeding the MPE limit. If despite
reasonable efforts Verizon Wireless is prevented from installing a barrier or
otherwise restricting access pursuant to items (1)(a) or (1)(b) of this Appendix,
Verizon Wireless shall attempt to place an indicative marker, where appropriate (e.g.,
contrasting paint, diagrams, etc.), document the efforts taken to restrict access, erect
appropriate signage pursuant to item (2) of this Appendix, identify the number of
such sites in its reports filed pursuant to paragraph 13 of this Consent Decree, and
upon request confer with the FCC regarding efforts to restrict access at such sites.
(2) Erect Signage: In addition to restricting access to the rooftop antenna site, Verizon Wireless
shall place signs at the area of concern that identify what MPE limits are exceeded and where
the limits are exceeded. Signs should be located prominently in areas that will readily be
seen by those persons who may access an area where the MPE limits are exceeded. The
warning signs must be placed conspicuously and directly around the area exceeding the given
limits and should provide meaningful information to the affected persons (e.g., explanation of
RFE source, behavior necessary to comply with the limit, whom to contact for additional
information). These signs are in addition to signs placed on the doorway(s) accessing the
rooftop.
ROOFTOP ANTENNA SITES EXCEEDING OCCUPATIONAL/CONTROLLED LIMITS: If the
transmitter at a rooftop antenna site, or the transmitter combined with other nearby transmitters, produces
emissions that exceed the occupational/controlled population limits, Verizon Wireless shall, in addition to
the requirements set forth above for transmitters exceeding the general population/uncontrolled limits,
comply with the following: In addition to posting signs around and in areas that exceed the general
population/uncontrolled limits, the areas should be clearly marked with occupational warning signage.
Verizon Wireless must provide the means for workers to identify any areas they may be working in or
near where the occupational/controlled limits may be exceeded and methods for controlling their
exposure, e.g., coordinated power reductions, ceasing operation, or time averaging.


1 Compliance with the requirements in this Appendix does not relieve Verizon Wireless of any of its obligations
with regard to the RFE Compliance Rules, e.g., training to ensure that workers are fully aware of the potential for
exposure and can exercise control over their exposure.

10

Document Outline

  • I. DEFINITIONS
  • II. BACKGROUND
  • III. TERMS OF AGREEMENT

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