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Released: April 9, 2014

Federal Communications Commission

DA 14-405

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

General Communication, Inc.,
)
File Nos.: EB-SED-13-00009563
d/b/a Alaska DigiTel LLC and Alaska Wireless
)
EB-SED-12-000035451
Communications, LLC
)
)

NAL/Acct. No.: 201232100014
)
)

FRN: 00015709512

ORDER

Adopted: April 9, 2014

Released: April 9, 2014

By the Acting Chief, Enforcement Bureau:
1.
The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has entered into a Consent Decree to conclude its investigation into whether General
Communication, Inc., d/b/a Alaska DigiTel LLC and Alaska Wireless Communications, LLC (GCI),
offered to consumers the required number of hearing aid-compatible digital wireless handset models
during the 2010 and 2011 reporting periods. GCI has acknowledged that it erroneously relied on handset
model ratings provided by its handset distributors. The Commission’s hearing aid compatibility rules
serve to ensure that consumers with hearing loss have access to advanced telecommunications services.
In the attached Consent Decree, GCI will implement a three-year plan to ensure future compliance with
these important requirements.
2.
The Bureau and GCI have negotiated the Consent Decree that resolves this matter. A
copy of the Consent Decree is attached hereto and incorporated herein by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and terminating the
investigation into GCI’s compliance with Section 20.19(d)(3) of the Commission’s rules (Rules).3


1 The investigations initiated under File Nos. EB-10-SE-117 and EB-11-SE-049 were subsequently assigned File
Nos. EB-SED-13-00009563 and EB-SED-12-00003545, respectively. Any future correspondence with the FCC
concerning these matters should reflect the new case numbers.
2 The hearing aid compatibility status report that General Communication, Inc. (FRN 0001570951) filed on January
18, 2011, for the January 1, 2010, to December 31, 2010, reporting period (see General Communication, Inc.,
Hearing Aid Compatibility Status Report (filed Jan. 18, 2011), available at http://wireless.fcc.gov/hac_documents/
110210/5951300_315.PDF), which formed the basis for the Notice of Apparent Liability for Forfeiture issued to the
company on December 28, 2011 (see General Communication, Inc., Notice of Apparent Liability for Forfeiture, 26
FCC Rcd 17042 (Enf. Bur. 2011)), incorrectly referenced the FRN for General Communication Corporation
(000156880), a subsidiary of General Communication, Inc. An Erratum to this Notice of Apparent Liability for
Forfeiture
corrects the FRN for General Communication, Inc. to “0001570951.” See General Communication, Inc.,
Erratum, DA 14-406 (Enf. Bur. April 8, 2014).
3 47 C.F.R. § 20.19(d)(3).

Federal Communications Commission

DA 14-405

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 GCI 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,4 and Sections 0.111 and 0.311 of the Rules,5 the Consent
Decree attached to this Order

IS ADOPTED

.
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 Chris Nierman, Director, Federal
Regulatory Affairs, General Communication, Inc., 1350 I Street, N.W., Suite 1260, Washington D.C.
20005, and to counsel for General Communication, Inc., Andrew Morentz, Esq., Telecommunications
Law Professionals PLLC, 875 15th St., N.W., Suite 750, Washington D.C. 20005.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Acting Chief, Enforcement Bureau


4 47 U.S.C. §§ 154(i), 154(j), 503(b).
5 47 C.F.R. §§ 0.111, 0.311.
2

Federal Communications Commission

DA 14-405

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

General Communication, Inc.,
)
File Nos.: EB-SED-13-00009563
d/b/a Alaska DigiTel LLC and Alaska Wireless
)

EB-SED-12-000035451
Communications, LLC
)
)

NAL/Acct. No.: 201232100014
)
)

FRN: 00015709512

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and General
Communication, Inc., d/b/a Alaska DigiTel LLC and Alaska Wireless Communications, LLC, by their
authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau’s investigations into possible violations of Section 20.19(d)(3) of the Commission’s
rules3 pertaining to the deployment of digital wireless hearing aid-compatible handset models.

I.

DEFINITIONS

1.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all of
its bureaus and offices.
(e) “Communications Laws” means, collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which GCI is subject by


1 The investigations initiated under File Nos. EB-10-SE-117 and EB-11-SE-049 were subsequently assigned File
Nos. EB-SED-13-00009563 and EB-SED-12-00003545, respectively. Any future correspondence with the FCC
concerning these matters should reflect the new case numbers.
2 The hearing aid compatibility status report that General Communication, Inc. (FRN 0001570951) filed on January
18, 2011, for the January 1, 2010, to December 31, 2010, reporting period (see infra note 9), which formed the basis
for the Notice of Apparent Liability for Forfeiture issued to the company on December 28, 2011 (see infra note 11),
incorrectly referenced the FRN for General Communication Corporation (000156880), a subsidiary of General
Communication Inc. An Erratum to this Notice of Apparent Liability for Forfeiture corrects the FRN for General
Communication, Inc. to “0001570951.” See General Communication, Inc., Erratum, DA 14-406 (Enf. Bur. April 8,
2014).
3 47 C.F.R. § 20.19(d)(3).

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DA 14-405

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 GCI who perform, or
supervise, oversee, or manage the performance of, duties that relate to GCI’s
responsibilities under the Hearing Aid Compatibility Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(i)
“GCI” means General Communication, Inc., d/b/a Alaska DigiTel LLC and Alaska
Wireless Communications, LLC, and its predecessors-in-interest and successors-in-
interest.
(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 digital wireless handsets
and the marketing or distribution of such handsets to consumers in the United States.
(k) “Investigations” means, collectively, the Bureau’s investigation into GCI’s
compliance with the Hearing Aid Compatibility Rules during the 2010 reporting
period, which culminated in the issuance of the Notice of Apparent Liability for
Forfeiture
, and the Bureau’s subsequent investigation into GCI’s compliance with the
Hearing Aid Compatibility Rules during the 2011 reporting period.
(l) “Notice of Apparent Liability for Forfeiture” or “NAL” means General
Communication, Inc., Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 17042
(Enf. Bur. 2011).
(m) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by GCI to implement the Compliance Plan.
(n) “Parties” means GCI and the Bureau, each of which is a “Party.”
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.

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.4
The Commission established technical standards for radio frequency interference (the M rating) and


4 The Commission adopted these requirements for digital wireless telephones under the authority of the Hearing Aid
Compatibility Act of 1988, Pub. L. No. 100-394, 102 Stat. 976 (codified at 47 U.S.C. § § 609 note, 610, 610 note).
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).
2

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DA 14-405

inductive coupling (the T rating)5 that digital wireless handsets must meet to be considered compatible
with hearing aids operating in acoustic coupling and inductive coupling (telecoil) modes, respectively.
For each of these standards, the Commission further established deadlines by which manufacturers and
service providers were required to offer specified numbers or percentages of digital wireless handsets per
air interface6 that are compliant with the relevant standard.7 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 2008.8
3.
On January 18, 2011, GCI submitted its hearing aid compatibility status report for the
January 1, 2010, to December 31, 2010, reporting period.9 Based on its review of that report, the
Wireless Telecommunications Bureau (Wireless Bureau) subsequently referred this matter to the Bureau
for investigation and possible enforcement action. On December 28, 2011, the Bureau issued the NAL to
GCI, finding that GCI apparently willfully and repeatedly violated Section 20.19(d)(3)(ii) of the Rules10
by failing to offer to consumers the requisite number of handset models rated T3 or higher.11 In lieu of
filing a response to the NAL, GCI expressed an interest in settlement.
4.
On January 17, 2012, GCI submitted its hearing aid compatibility status report for the
January 1, 2011, to December 31, 2011 reporting period.12 On July 13, 2012, the Wireless Bureau


5 As subsequently amended, Section 20.19(b)(1) of the Rules provided 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 had to 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) of the Rules provided that, for the period beginning June 6, 2008, and ending December 31,
2009, a newly certified wireless handset was deemed hearing aid-compatible for inductive coupling if, at minimum,
it met the T3 rating associated with the technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007,
and beginning January 1, 2010, it was deemed hearing aid-compatible for inductive coupling if it met at least a T3
rating under ANSI C63.19-2007. Id. § 20.19(b)(2). Grants of certification issued before June 6, 2008, under
previous versions of ANSI C63.19 remained valid for hearing aid compatibility purposes. A recently adopted
further amendment to Section 20.19(b) of the Rules permits 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).
6 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).
7 See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47 C.F.R. § 20.19(c)–(d).
8 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).
9 See General Communication, Inc., Hearing Aid Compatibility Status Report (filed Jan. 18, 2011), available at
http://wireless.fcc.gov/hac_documents/110210/5951300_315.PDF.
10 47 C.F.R. § 20.19(d)(3)(ii).
11 See NAL, 26 FCC Rcd at 17045–46, para. 5.
12 See General Communication, Inc., Hearing Aid Compatibility Status Report (filed Jan. 17, 2012), available at
http://wireless.fcc.gov/hac_documents/120307/6567330_284.PDF.
3

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DA 14-405

referred this matter to the Bureau for investigation and possible enforcement action. On August 16, 2012,
the Bureau’s Spectrum Enforcement Division issued a Letter of Inquiry (LOI) to GCI,13 directing GCI to
submit a sworn written response to a series of questions relating to GCI’s compliance with Sections
20.19(c)(3) and 20.19(d)(3) of the Rules.14 GCI responded to the LOI on September 19, 2012.15 In its
LOI Response, GCI stated that it had difficulty ascertaining the hearing aid compatibility rating of the
handset models it offered, and that it obtained ratings information from its handset distributors, the FCC
Office of Engineering and Technology (OET) Equipment Authorization Database, and the handset
manufacturer’s website.16 In a supplement to its LOI Response, GCI acknowledged that it erroneously
relied on handset ratings provided by its handset distributors.17 The Bureau and GCI entered into Tolling
Agreements to toll the statute of limitations.18

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

. GCI 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, GCI agrees to the
terms, conditions, and procedures contained herein. The Bureau further 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 new proceeding, formal or
informal, or take any action on its own motion against GCI concerning the matters that were the subject


13 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Chris
Nierman, Director, Federal Regulatory Affairs, General Communication, Inc. (Aug. 16, 2012) (on file in EB-SED-
12-0003545).
14 See id. at 1; see also 47 C.F.R. § 20.19(c)(3) & (d)(3).
15 See Letter from Chris Nierman, Director, Federal Regulatory Affairs, General Communication, Inc., to Nissa
Laughner, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau (Sept. 19, 2012) (LOI
Response) (on file in EB-SED-12-0003545).
16 See id. at 2–3.
17 See Letter from Chris Nierman, Director, Federal Regulatory Affairs, General Communication, Inc., to Nissa
Laughner, Attorney Advisor, Spectrum Enforcement Division, FCC Enforcement Bureau at 2 (Jan. 11, 2013) (on
file in EB-SED-12-0003545).
18 See, e.g., Tolling Agreement Extension, entered into between John D. Poutasse, Chief, Spectrum Enforcement
Division, FCC Enforcement Bureau, and Chris Nierman, Director, Federal Regulatory Affairs, General
Communication, Inc. (Sept. 11, 2013) (on file in EB-SED-12-00003545).
4

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DA 14-405

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 GCI with respect to GCI’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, GCI 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 GCI 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.
10.

Compliance Plan

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

Operating Procedures on Hearing Aid Compatibility

. Within sixty (60) calendar
days after the Effective Date, GCI shall establish Operating Procedures that all
Covered Employees must follow to help ensure GCI’s compliance with the Hearing
Aid Compatibility Rules. GCI’s Operating Procedures shall include internal
procedures and policies specifically designed to ensure that GCI offers to consumers
the requisite number or percentage of digital wireless hearing aid-compatible handset
models, as required by the Hearing Aid Compatibility Rules, and accurately reports
its handset offerings in its annual hearing aid compatibility status reports. GCI 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(s) of each existing and
proposed handset model offering using the OET 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 GCI’s compliance with the Hearing Aid Compatibility Rules. GCI shall
periodically review and revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and complete. GCI shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. GCI 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 GCI’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
5

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DA 14-405

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. GCI 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.
(d)

Quarterly Compliance Audits

. The Compliance Officer shall conduct audits of
GCI’s compliance with the hearing aid-compatible handset deployment requirements
on a quarterly basis. As part of each Compliance Audit, the Compliance Officer shall
ascertain the hearing aid compatibility rating of each handset model offered by GCI
using the OET Equipment Authorization Database. If at any time GCI determines
that its handset model offerings do not comply with the deployment benchmarks set
forth in the Hearing Aid Compatibility Rules, GCI shall promptly adjust its handset
model offerings so as to come into compliance with the deployment benchmarks, and
shall report such noncompliance in accordance with the requirements of paragraph 11
of this Consent Decree.
11.

Reporting Noncompliance

. GCI shall report any noncompliance with the Hearing Aid
Compatibility Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar
days after discovery of such noncompliance. Such reports shall include a detailed explanation of (i) each
instance of noncompliance; (ii) the steps that GCI 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 GCI 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 Nissa Laughner at Nissa.Laughner@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
12.

Compliance Reports

. GCI 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 GCI’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
GCI, stating that the Compliance Officer has personal knowledge that GCI (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
Rules19 and be subscribed to as true under penalty of perjury in substantially the form
set forth therein.


19 47 C.F.R. § 1.16.
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(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of GCI, 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 GCI 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 GCI 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 Nissa
Laughner at Nissa.Laughner@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
13.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 9 through
12 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
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 Act20 against GCI 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 GCI with the Communications Laws.
15.

Voluntary Contribution

. GCI agrees that it will make a voluntary contribution to the
United States Treasury in the amount of one hundred twenty-five thousand dollars ($125,000) within
thirty (30) calendar days after the Effective Date. GCI shall also send electronic notification of payment
to Nissa Laughner at Nissa.Laughner@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.21 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 GCI should follow based on the form of payment
it selects:
Ÿ
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
Ÿ
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.


20 47 U.S.C. § 208.
21 An FCC Form 159 and detailed instructions for completing the form may be obtained at
https://www.fcc.gov/Forms/Form159/159.pdf.
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DA 14-405

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 GCI has questions regarding payment procedures, it should contact the Financial Operations Group
Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
16.

Waivers

. GCI 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. GCI
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 GCI nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and GCI shall waive any statutory right to a trial
de novo. GCI hereby agrees to waive any claims it may have under the Equal Access to Justice Act22
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 GCI does not expressly consent)
that provision will be superseded by such Rule or Commission order.
19.

Successors and Assigns

. GCI 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
GCI represents and warrants that he is authorized by GCI to execute this Consent Decree and to bind GCI
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.


22 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

DA 14-405

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.
________________________________
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
_______________________________
Chris Nierman
Director, Federal Regulatory Affairs
General Communication, Inc.
___________________________
Date
9

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