# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File No. EB-08-TC-1066      |
|                                |       |                             |
| AT&T Inc.                      | )     | NAL/Acct. No. 200832170025  |
|                                |       |                             |
|                                | )     | FRN: 0007748817             |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

# ORDER

**Adopted: December 19, 2008 Released: December 22, 2008**

By the Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau ("Bureau") and AT&T Inc ("AT&T"). The
    Consent Decree cancels a Notice of Apparent Liability for Forfeiture
    ("NAL") and terminates a subsequent investigation by the Bureau
    against AT&T for possible violations of section 1.717 of the
    Commission's rules regarding AT&T's failure to respond to informal
    consumer complaints.

2.  The Bureau and AT&T have negotiated the terms of the Consent Decree
    that resolve these matters. 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.  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 AT&T 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 Communications Act of 1934, as amended**,**[^1] and
    sections 0.111 and 0.311 of the Commission's Rules,[^2] the Consent
    Decree attached to this Order **IS ADOPTED**.

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

7.  **IT IS FURTHER ORDERED** that AT&T shall make its voluntary
    contribution to the United States Treasury, as specified in the
    Consent Decree, by mailing a check or similar instrument payable to
    the order of the Federal Communications Commission, 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 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).
    AT&T Inc. will also send electronic notification on the date said
    payment is made to Leon.Jackler@fcc.gov**.**

8.  **IT IS FURTHER ORDERED** that a copy of this Order and Consent
    Decree shall be sent by first class certified mail, return receipt
    requested, to Anisa Latif, AT&T, Inc., 1120 20th Street, NW, Suite
    1000, Washington, D.C. 20036.

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-1066      |
|                                |       |                             |
| AT&T Inc.                      | )     | NAL/Acct. No. 200832170025  |
|                                |       |                             |
|                                | )     | FRN: 0007748817             |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

**CONSENT DECREE**

The Enforcement Bureau ("Bureau") and AT&T Inc. ("AT&T" 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")[^3] by the Bureau against AT&T for possible violations of
section 1.717 of the Commission's rules regarding AT&T's failure to
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) "AT&T" means AT&T Inc. and any affiliate, d/b/a,
    predecessor-in-interest, parent companies and any direct or indirect
    subsidiaries of such parent companies, or other affiliated companies
    or businesses and their successors and assigns.

(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 10.

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

(g) "Investigation" means the investigation initiated by the Bureau
    regarding whether AT&T violated of section 1.717 of the Commission's
    rules regarding AT&T's failure to respond to informal consumer
    complaints.[^4]

(h) "NAL" means Notice of Apparent Liability for Forfeiture DA 08-428
    (February 19, 2008).

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

(j) "Operating Companies" means the telecommunications carrier
    affiliates of AT&T Inc.

(k) "Parties" means AT&T and the Bureau.

(l) "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." [^5]

3.  On February 19, 2008, the Bureau issued a Notice of Apparent
    Liability for Forfeiture ("NAL")[^6] against AT&T for apparent
    violations of section 1.717 of the Commission's rules and proposing
    that AT&T be held liable for a forfeiture of ninety-six thousand
    dollars (\$96,000) under section 503(b)(1)(B) of the Act. The NAL
    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.  Subsequently, on March 5, 2008 the Bureau commenced an investigation
    of possible additional violations of Section 1.717 of the
    Commission's rules by AT&T.

5.  On September 5, 2008, AT&T filed its response to the NAL.[^7]

**III. TERMS OF AGREEMENT**

6.  **[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.

7.  **[Jurisdiction]{.underline}.** AT&T 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.

8.  **[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.

9.  **[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, AT&T 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 or the NAL 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 AT&T
    concerning AT&T'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 and 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 AT&T concerning any alleged failure by AT&T to timely
    respond to any informal complaint as required by Section 1.717 of
    the Commission's rules served on AT&T 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 or the NAL
    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 AT&T with respect to AT&T's basic qualifications, including
    its character qualifications, to be a Commission licensee or
    authorized common carrier.

10. **[Compliance Plan]{.underline}.** Within 30 calendar days of the
    Effective Date , AT&T agrees to implement a Compliance Plan that
    includes, at a minimum, the following components:

    a.  Designated Contact. AT&T will designate a Director level manager
        to oversee its Operating Companies informal complaint processes,
        to ensure timely responses to all informal complaints served by
        the Commission pursuant to section 1.717 of the Commission
        rules, and to ensure compliance with the Compliance Plan.

    b.  Electronic Service of Complaints. AT&T will designate a single
        informal complaints system for all informal complaints received
        electronically from the Commission relating to an Operating
        Company. AT&T will submit all responses thereto for the
        Operating Companies to the Commission via that system.

    c.  Training Program. AT&T shall provide annual informal complaint
        training to all employees responsible for coordinating responses
        to FCC informal complaints.

    d.  Review. AT&T will review a sample of informal complaints on at
        least a bi-annual basis to verify that a timely response was
        submitted to the Commission.

    e.  Reporting. AT&T shall report any failure to respond to an
        informal complaint to the Bureau within thirty (30) days after
        the discovery of the failure. In such cases, AT&T shall
        simultaneously respond to the underlying complaint or provide an
        explanation of its failure to do so. AT&T 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. AT&T 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.

11. **[Section 208 Complaints: Subsequent Investigations]{.underline}.**
    Except as set forth in Paragraph 9 of this Consent Decree, 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 AT&T 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 AT&T of the Act, the
    rules, or the Order.

12. **[Voluntary Contribution]{.underline}.** AT&T agrees that it will
    make a voluntary contribution to the United States Treasury in the
    amount of six thousand dollars (\$6,000.00). 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). AT&T will
    also send electronic notification on the date said payment is made
    to Leon.Jackler@fcc.gov.

13. **[Waivers]{.underline}.** AT&T 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. AT&T 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 AT&T nor
    the Commission shall contest the validity of the Consent Decree or
    the Adopting Order, and AT&T shall waive any statutory right to a
    trial *de novo*. AT&T 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.

14. **[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.

15. **[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 AT&T does not expressly consent) that provision will be
    superseded by such Commission rule or Order.

16. **[Successors and Assigns]{.underline}.** AT&T agrees that the
    provisions of this Consent Decree shall be binding on its
    successors, assigns, and transferees.

17. **[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, AT&T 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.

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

19. **[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.

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

21. **[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                |                                   |
|                                   |                                   |
| Chief                             |                                   |
|                                   |                                   |
| Enforcement Bureau                |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
|                                   |                                   |
| **                                |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |                                   |
|                                   |                                   |
| Gary Phillips                     |                                   |
|                                   |                                   |
| General Attorney, Associate       |                                   |
| General Counsel                   |                                   |
|                                   |                                   |
| AT&T Inc.                         |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
+-----------------------------------+-----------------------------------+

[^1]: 47 U.S.C. § 154(i), 503(b).

[^2]: 47 C.F.R. §§ 0.111, 0.311.

[^3]: *Notice of Apparent Liability for Forfeiture*, DA 08-428 (February
    19, 2008).

[^4]: 47 C.F.R. 1.717.

[^5]: 47 C.F.R. 1.717.

[^6]: *Notice of Apparent Liability for Forfeiture*, DA 08-428 (February
    19, 2008).

[^7]: In its response, AT&T asserted that had timely responded to all
    the informal complaints referenced in the NAL.