# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. EB-08-TC-1062       |
|                                  | *) |                              |
| Alltel Communications, LLC       | ** | NAL/Acct. No. 200832170024   |
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| d/b/a Alltel Wireless            | *  | FRN: 0003803483              |
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# ORDER

**Adopted: November 26, 2008 Released: November 28, 2008**

By the Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau of the Federal Communications
    Commission ("Bureau") and Alltel Communications, LLC d/b/a Alltel
    Wireless ("Alltel"). The Consent Decree terminates an investigation
    and Notice of Apparent Liability for Forfeiture ("NAL")[^1] by the
    Bureau against Alltel for possible violations of section 1.717 of
    the Commission's rules regarding Alltel's apparent failure to timely
    respond to informal consumer complaints.

2.  The Bureau and Alltel have negotiated the terms of the Consent
    Decree that resolve this matter. A copy of the Consent Decree is
    attached hereto and incorporated 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, which terminates the investigation and
    cancels the NAL.

4.  Accordingly, **IT IS ORDERED** that, pursuant to sections 4(i) and
    503(b) of the Communications Act of 1934, as amended,[^2] and
    sections 0.111 and 0.311 of the Commission's Rules,[^3] the Consent
    Decree attached to this Order **IS ADOPTED**.

5.  **IT IS FURTHER ORDERED** that the above-captioned proceeding is
    **TERMINATED** and the Notice of Apparent Liability for Forfeiture
    **IS CANCELLED.**

FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. EB-08-TC-1062       |
|                                  | *) |                              |
| Alltel Communications, LLC       | ** | NAL/Acct. No. 200832170024   |
|                                  |    |                              |
| d/b/a Alltel Wireless            | *  | FRN: 0003803483              |
|                                  | *) |                              |
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+----------------------------------+----+------------------------------+

**CONSENT DECREE**

The Enforcement Bureau ("Bureau") and Alltel Communications, LLC d/b/a
Alltel Wireless ("Alltel" or the "Company"), by their authorized
representatives, hereby enter into this Consent Decree for the purpose
of terminating the Enforcement Bureau's investigation and Notice of
Apparent Liability for Forfeiture ("NAL")[^4] by the Bureau against
Alltel for possible violations of section 1.717 of the Commission's
rules regarding Alltel's apparent failure to timely respond to informal
consumer complaints.

**I. DEFINITIONS**

1.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
    § 151 *et seq.*

(b) "Alltel" means Alltel Communications, LLC d/b/a Alltel Wireless.

(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) "Compliance Plan" means the program described in this Consent Decree
    at paragraph 9.

(f) "Effective Date" means the date on which the Commission releases the
    Adopting Order.

(g) "Investigation" means the investigation commenced by the Bureau's
    March 19, 2008 Letter of Inquiry ("LOI")[^5] regarding whether
    Alltel violated section 1.717 of the Commission's Rules[^6] by
    failing to timely file responses to informal complaints served upon
    Alltel by the Consumer and Government Affairs Bureau.

(h) "NAL" means Notice of Apparent Liability for Forfeiture, DA 08-427
    (February 19, 2008).

(i) "Order" or "Adopting Order" means an Order of the Bureau adopting
    the terms of this Consent Decree without change, addition, deletion,
    or modification.

(j) "Parties" means Alltel and the Bureau.

(k) "Rules" means the Commission's regulations found in Title 47 of the
    Federal Regulations.

**II. BACKGROUND**

2.  Pursuant to section 1.717 of the Commission's Rules, "the Commission
    will forward informal complaints to the appropriate carrier for
    investigation. The carrier will, within such time as may be
    prescribed, advise the Commission in writing, with a copy to the
    complainant, of its satisfaction of the complaint or of its refusal
    or inability to do so." [^7]

3.  On February 19, 2008, the Bureau issued a Notice of Apparent
    Liability for Forfeiture ("NAL")[^8] proposing Alltel be held liable
    for a forfeiture of \$16,000 under section 503(b)(1)(B) of the Act,
    and ordered the Company either to pay the proposed forfeiture or
    file a written response within thirty (30) days of the NAL release
    date stating why the proposed forfeiture should be reduced or
    canceled.

4.  On March 19, 2008, the Bureau issued a letter of inquiry (LOI) to
    Alltel.[^9] The March 19, 2008 LOI directed Alltel, among other
    things, to submit a sworn written response to a series of questions
    relating to the alleged failures of Alltel to respond to informal
    complaints. Alltel responded to the LOI on April 14, 2008.[^10]

**III. TERMS OF AGREEMENT**

5.  **[Adopting Order]{.underline}.** 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 without change, addition, modification, or
    deletion.

6.  **[Jurisdiction]{.underline}.** Alltel agrees that the Bureau has
    jurisdiction over it and the matters contained in this Consent
    Decree and has the authority to enter into and adopt this Consent
    Decree.

7.  **[Effective Date: Violations]{.underline}.** The Parties agree that
    this Consent Decree shall become effective on the date on which the
    FCC releases the Adopting Order. Upon release, the Adopting Order
    and this Consent Decree shall have the same force and effect as any
    other Order of the Bureau. Any violation of the Adopting Order or of
    the terms of this Consent Decree shall constitute a separate
    violation of a Bureau Order, entitling the Bureau to exercise any
    rights and remedies attendant to the enforcement of a Commission
    Order.

8.  **[Termination of Investigation]{.underline}.** 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 its investigation and to cancel its NAL. In consideration
    for the termination of said investigation and cancellation of the
    NAL, Alltel 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 this investigation through the Effective Date of the Consent
    Decree, 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 Alltel concerning Alltel's alleged
    failure to timely respond as required by Section 1.717 of the
    Commission's rules to the informal complaints that were the subject
    of the investigation or the NAL. The Bureau also agrees that it will
    not use the facts developed in this investigation or the NAL to
    institute on its own motion any proceeding, formal or informal, or
    take any action on its own motion against Alltel concerning any
    alleged failure by Alltel to timely respond to any informal
    complaint as required by Section 1.717 of the Commission's rules
    served on Alltel by the Commission prior to the Effective Date of
    this Consent Decree. The Bureau also agrees that it will not use the
    facts developed in this investigation through the Effective Date of
    this Consent Decree, 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 Alltel with respect to
    Alltel's basic qualifications, including its character
    qualifications, to be a Commission licensee or authorized common
    carrier.

9.  **[Compliance Plan]{.underline}.** For purposes of settling the
    matters set forth herein, Alltel agrees to create within 30 calendar
    days a Compliance Plan related to future compliance with Section
    1.717 of the Commission's Rules and related Commission Orders. The
    Plan will include, at a minimum, the following components:

    a.  Designated Contact/Accept Electronic Service. Alltel will
        designate a Director level manager to oversee Alltel's informal
        complaint process, to ensure timely responses to all informal
        complaints, and to ensure compliance with the Compliance Plan.
        Alltel will designate a Distribution Coordinator to receive
        informal complaints from the Commission on a daily basis and
        monitor the Commission's web site
        (https://esupport.fcc.gov/serve2000) on a daily basis. At a
        minimum, informal complaints will be logged as received,
        docketed for response deadlines, and assigned for research and
        response by the Distribution Coordinator to Alltel executive
        complaint staff. Alltel's Compliance Plan will require it to
        respond timely to each complaint served upon it by the
        Commission, even where duplicative service may have been
        effected.

    b.  Training Program. Alltel will implement and maintain a training
        program for all employees whose responsibilities include
        responding to informal complaints. The training program is
        ongoing and will include appropriate reference materials and at
        least quarterly meetings and/or training sessions regarding FCC
        informal complaints and responses thereto.

    c.  Informal Complaints Database/Checklist. Alltel shall maintain a
        data base of informal complaints and responses by customer name
        and FCC User Complaint Number, as well as all copies of informal
        complaints and responses thereto. Alltel shall also maintain a
        check list for each informal complaint served to ensure timely
        routing and responses to all informal complaints.

    d.  Audits. Alltel will conduct regular and random audits on at
        least a bi-monthly basis regarding its informal complaints
        database, its ability to meet response deadlines, and to verify
        the timely response to all informal complaints served by the
        Commission.

    e.  Reporting Non-Compliance. Alltel shall report any non-compliance
        with the Compliance Plan to the Bureau within thirty (30) days
        after the discovery of non-compliance. In such cases, Alltel
        shall simultaneously respond to the underlying complaint or
        provide an explanation of its failure to do so. Alltel shall
        certify at the end of the two (2) year term that it is in
        compliance with the terms of the Plan. Such certification must
        be mailed within fifteen (15) days after the two-year
        anniversary of the Effective Date of this Consent Decree to the
        Chief, Telecommunications Consumers Division, Enforcement
        Bureau, Federal Communications Commission, 445 12th Street, S.W.
        Room 4-C244, Washington, D.C. 20554, and must include the file
        number listed above. Alltel will also send an electronic copy of
        its certification to other Telecommunications Consumers Division
        staff as directed by the Division Chief.

    f.  Termination Date. Unless stated otherwise, the requirements of
        this Consent Decree will expire twenty four (24) months after
        the Effective Date.

10. **[Section 208 Complaints: Subsequent Investigations]{.underline}.**
    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 Alltel 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 complaint 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
    Alltel of the Act, the Rules, or the Order.

11. **[Voluntary Contribution]{.underline}.** Alltel agrees that it will
    make a voluntary contribution to the United States Treasury in the
    amount of twenty thousand dollars (\$20,000). The payment will be
    made within thirty (30) calendar days after the Effective Date of
    the Adopting Order. The payment must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Account Number and FRN
    Number referenced in the caption to the Adopting Order. Payment by
    check or money order may be mailed to Federal Communications
    Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
    overnight mail may be sent to U.S. Bank -- Government Lockbox
    #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
    Payment\[s\] by wire transfer may be made to ABA Number 021030004,
    receiving bank TREAS/NYC, and account number 27000001. For payment
    by credit card, an FCC Form 159 (Remittance Advice) must be
    submitted.  When completing the FCC Form 159, enter the NAL/Account
    number in block number 23A (call sign/other ID), and enter the
    letters "FORF" in block number 24A (payment type code). Alltel will
    also send electronic notification on the date said payment is made
    to leon.jackler@fcc.gov.

12. **[Waivers]{.underline}.** Alltel 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 Order adopting this Consent Decree,
    provided the Commission issues an Order adopting the Consent Decree
    without change, addition, modification, or deletion. Alltel 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 Alltel
    nor the Commission shall contest the validity of the Consent Decree
    or the Adopting Order, and Alltel shall waive any statutory right to
    a trial *de novo*. Alltel hereby agrees to waive any claims it may
    otherwise 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.

13. **[Severability]{.underline}.** The Parties agree that if any of the
    provisions of the Adopting Order or the Consent Decree shall be
    invalid or unenforceable, such invalidity or unenforceability shall
    not invalidate or render unenforceable the entire Adopting Order or
    Consent Decree, but rather the entire Adopting Order or Consent
    Decree shall be construed as if not containing the particular
    invalid or unenforceable provision or provisions, and the rights and
    obligations of the Parties shall be construed and enforced
    accordingly. 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.

14. **[Subsequent Rule or Order]{.underline}.** 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 Alltel does not expressly consent) that provision will be
    superseded by such Commission rule or Order.

15. **[Final Settlement]{.underline}.** The Parties agree and
    acknowledge that this Consent Decree shall constitute a final
    settlement between the Parties. 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 requirements of the Act or the
    Commission's Rules and Orders. The Parties agree that this Consent
    Decree is for settlement purposes only and that by agreeing to this
    Consent Decree, Alltel does not admit or deny noncompliance,
    violation or liability for violating the Act, Commission's Rules or
    Orders in connection with the matters that are the subject of this
    Consent Decree.

16. **[Modifications]{.underline}.** This Consent Decree cannot be
    modified without the advance written consent of both Parties.

17. **[Paragraph Headings]{.underline}.** 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.

18. **[Authorized Representative]{.underline}.** Each party represents
    and warrants to the other that it has full power and authority to
    enter into this Consent Decree.

19. **[Counterparts]{.underline}.** 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.

+-----------------------------------+-----------------------------------+
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   | **                                |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
|                                   | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |
| Kris Anne Monteith                |                                   |
|                                   | Glenn S. Rabin                    |
| Chief, Enforcement Bureau         |                                   |
|                                   | Federal Communications Counsel,   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   | Alltel,                           |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   | 601 Pennsylvania Avenue, NW,      |
| Date                              | Suite 720, Washington D.C. 20004. |
|                                   |                                   |
|                                   | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |
|                                   | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                   |                                   |
|                                   | Date                              |
+-----------------------------------+-----------------------------------+

[^1]: *Notice of Apparent Liability for Forfeiture*, DA 08-427 (February
    29, 2008) and Letter from Leon Jackler, Special Counsel,
    Telecommunications Consumers Division, Enforcement Bureau, to Mr.
    Glenn Rabin, Counsel for Alltel (March 19, 2008).

[^2]: 47 U.S.C. § 154(i), 503(b).

[^3]: 47 C.F.R. §§ 0.111, 0.311.

[^4]: *Notice of Apparent Liability for Forfeiture*, DA 08-427 (February
    29, 2008).

[^5]: Letter from Leon Jackler, Special Counsel, Telecommunications
    Consumers Division, Enforcement Bureau to Mr. Glenn Rabin, Counsel
    for Alltel Communications (March 19, 2008) ("March, 19, 2008 LOI").

[^6]: 47 C.F.R. 1.717

[^7]: 47 C.F.R. 1.717.

[^8]: *See* 23 FCC Rcd. 2723.

[^9]: *See* March 19, 2008 LOI.

[^10]: *See* April 14, 2008 LOI response.