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 Federal  Communications  Commission  DA  05-  1971 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Sprint  Spectrum  L.  P.  d/  b/  a  Sprint  PCS 

 )  ) 
 )  )  File  No.  EB-  04-  SE-  054  NAL/  Acct.  No.  200432100002  FRN  #  0007165210 

 ORDER 
 Adopted:  July  15,  2005  Released:  July  20,  2005 
 By  the  Acting  Chief,  Enforcement  Bureau: 
 1.  In  this  Order,  we  adopt  the  attached  Consent  Decree  entered  into  between  the  Enforcement  Bureau  and  Sprint  Spectrum  L.  P.  d/  b/  a  Sprint  PCS  (  Sprint).  The  Consent  Decree 
 terminates  the  enforcement  proceeding  initiated  by  the  Enforcement  Bureau  against  Sprint  for  its  apparent  violation  of  Section  20.18(  d)  of  the  Commissions  Rules  (  Rules)  1  regarding  its  deployment  of 
 Enhanced  911  (  E911)  Phase  I  services  in  the  County  of  Santa  Cruz,  Arizona. 
 2.  The  Enforcement  Bureau  and  Sprint  have  negotiated  the  terms  of  a  Consent  Decree  that  would  resolve  this  matter  and  terminate  the  enforcement  proceeding.  A  copy  of  the  Consent  Decree  is 
 attached  hereto  and  incorporated  by  reference. 
 3.  Based  on  the  record  before  us,  we  conclude  that  no  substantial  or  material  questions  of  fact  exist  with  respect  to  this  matter  as  to  whether  Sprint  possesses  the  basic  qualifications,  including 
 those  related  to  character,  to  hold  or  obtain  any  FCC  license  or  authorization. 
 4.  After  reviewing  the  terms  of  the  Consent  Decree,  we  find  that  the  public  interest  will  be  served  by  adopting  the  Consent  Decree  and  terminating  the  enforcement  proceeding. 

 5.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  4(  i)  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. 
 6.  IT  IS  FURTHER  ORDERED  that  the  Enforcement  Bureaus  enforcement  proceeding  IS  TERMINATED. 

 7.  IT  IS  FURTHER  ORDERED  that  Sprint  Spectrum  L.  P.  d/  b/  a  Sprint  PCS  will  make  a  voluntary  contribution  to  the  United  States  Treasury  in  the  amount  of  thirty-  five  thousand  dollars 
 ($  35,000)  within  30  calendar  days  after  the  Effective  Date  of  the  Adopting  Order.  Payment  of  the  forfeiture  must  be  made  by  check  or  similar  instrument,  payable  to  the  order  of  the  Federal 
 Communications  Commission.  The  payment  must  include  the  NAL/  Acct.  No.  and  FRN  No.  referenced  above.  Payment  by  check  or  money  order  may  be  mailed  to  Federal  Communications  Commission,  P.  O. 
 Box  358340,  Pittsburgh,  PA  15251-  8340.  Payment  by  overnight  mail  may  be  sent  to  Mellon  Bank  /LB 

 1  47  C.  F.  R.    20.18(  d). 
 2  47  U.  S.  C.    154(  i). 
 3  47  C.  F.  R.    0.111,  0.  311. 
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 358340,  500  Ross  Street,  Room  1540670,  Pittsburgh,  PA  15251.  Payment  by  wire  transfer  may  be  made  to  ABA  Number  043000261,  receiving  bank  Mellon  Bank,  and  account  number  911-  6106. 
 8.  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  Luisa  L.  Lancetti,  Vice  President, 
 Wireless  Regulatory  Affairs,  Sprint  Corporation,  401  9  th  Street,  N.  W.,  Suite  400,  Washington,  D.  C.  20004. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Kris  Anne  Monteith  Acting  Chief,  Enforcement  Bureau 
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 Federal  Communications  Commission  DA  05-  1971 
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 CONSENT  DECREE 
 The  Enforcement  Bureau  (  Bureau)  of  the  Federal  Communications  Commission  (  Commission)  and  Sprint  Spectrum  L.  P.  d/  b/  a  Sprint  PCS  (  Sprint)  hereby  enter  into  this  Consent 
 Decree  regarding  a  possible  violation  of  Section  20.18(  d)  of  the  Commission's  Rules  (  Rules)  concerning  Sprints  deployment  of  Enhanced  911  (  E911)  Phase  I  services  in  the  County  of  Santa  Cruz, 
 Arizona. 
 Background 
 1.  On  September  15,  2003,  Sprint  received  a  request  to  implement  E911  Phase  I  services  on  behalf  of  two  Public  Safety  Answering  Points  (  PSAPs)  located  in  Santa  Cruz,  Arizona.  Under  the 
 requirements  of  Section  20.18(  d),  Sprint  was  required  to  deploy  service  to  these  two  PSAPs  by  March  15,  2004,  provided  the  PSAP  requests  were  valid  under  the  requirements  of  the  rule. 

 2.  On  February  25,  2004,  Santa  Cruz  filed  an  informal  complaint  against  Sprint  alleging  that  Sprint  had  failed  to  deploy  E911  Phase  I  services  by  the  required  date.  On  March  24,  2004,  the 
 Enforcement  Bureau  issued  a  letter  of  inquiry  (  LOI)  to  Sprint.  Sprint  responded  to  the  LOI  on  April  20,  2004,  and  reported  that  E911  Phase  I  service  had  been  deployed  in  the  area  under  investigation  on  April 
 15,  2004. 
 3.  On  October  21,  2004,  the  Enforcement  Bureau  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  4  to  Sprint  (the  NAL)  in  the  amount  of  fifty  thousand  dollars  ($  50,000)  for  the  apparent 
 willful  and  repeated  violations  of  Section  20.18(  d).  Sprint  timely  responded  to  the  NAL. 
 Definitions 
 4.  For  the  purposes  of  this  Consent  Decree,  the  following  definitions  shall  apply: 
 (a)  Commission  or  FCC  means  the  Federal  Communications  Commission;  (b)  Bureau  means  the  Enforcement  Bureau  of  the  Federal  Communications 
 Commission;  (c)  Sprint  means  Sprint  Spectrum  L.  P.  d/  b/  a  Sprint  PCS,  its  subsidiaries,  affiliates  and 
 any  successors  and  assigns;  (d)  Parties  means  Sprint  and  the  Bureau; 
 (e)  Adopting  Order  means  an  order  of  the  Bureau  adopting  the  terms  and  conditions  of  this  Consent  Decree; 
 (f)  Effective  Date  means  the  date  the  Adopting  Order  is  released  by  the  Bureau;  (g)  Enforcement  Proceeding  means  the  investigation  of  the  alleged  Rule 
 violations  by  Sprint  culminating  in  the  Notice  of  Apparent  Liability  for  Forfeiture; 
 (h)  Notice  of  Apparent  Liability  for  Forfeiture  or  NAL  means  Sprint  Spectrum  L.  P.  d/  b/  a/  Sprint  PCS,  19  FCC  Rcd  19901  (Enf.  Bur.  2004); 
 (i)  Rules  means  the  Commissions  Rules  found  in  Title  47  of  the  Code  of  Federal  Regulations;  and 
 (j)  Act  means  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    151  et  seq. 

 4  See  Sprint  Spectrum  LP  d/  b/  a  Sprint  PCS,  19  FCC  Rcd  19901  (Enf.  Bur.  2004)(  NAL). 
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 Terms  of  Settlement 
 5.  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.  The  Parties  agree  that  this  Consent  Decree  shall  become  binding  on  the  Parties  on  the  Effective  Date.  Upon  release,  the  Adopting  Order  and  this  Consent  Decree  shall  have  the  same  force  and 
 effect  as  any  other  final  order  of  the  Commission  and  any  violation  of  the  terms  or  conditions  of  this  Consent  Decree  shall  constitute  a  violation  of  a  Commission  order. 

 7.  Sprint  acknowledges  that  the  Bureau  has  jurisdiction  over  the  matters  contained  in  this  Consent  Decree  and  the  authority  to  enter  into  and  adopt  this  Consent  Decree. 
 8.  The  Parties  waive  any  rights  they  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  that  the  Adopting  Order  adopts  the  Consent  Decree  without  change,  addition,  modification  or  deletion. 

 9.  The  Parties  agree  that  this  Consent  Decree  does  not  constitute  either  an  adjudication  on  the  merits  or  a  factual  or  legal  finding  or  determination  of  any  compliance  or  noncompliance  with  the  Act 
 or  the  Rules.  The  Parties  further  agree  that  this  Consent  Decree  is  for  settlement  purposes  only  and  that  by  agreeing  to  this  Consent  Decree,  Sprint  does  not  admit  or  deny  any  liability  for  violating  the  Rules  in 
 connection  with  the  matters  that  are  the  subject  of  this  Consent  Decree. 
 10.  In  express  reliance  on  the  covenants  and  representations  in  this  Consent  Decree  and  to  avoid  further  expenditure  of  scarce  public  resources,  the  Bureau  agrees  to  terminate  the  Enforcement 
 Proceeding  at  such  time  as  both  Parties  sign  this  Consent  Decree  and  the  Bureau  adopts  this  Consent  Decree. 

 11.  Sprint  has  implemented  certain  administrative  changes  and  created  an  automated  database  for  tracking  E911  Phase  I  and  II  implementations  as  more  fully  described  in  the  Compliance 
 Plan  attached  hereto.  Sprint  will  continue  to  track  E911  Phase  I  implementations  for  its  CDMA  network  to  facilitate  timely  Phase  I  deployments.  Further,  while  this  proceeding  was  solely  with  respect  to  Phase  I 
 implementations,  Sprint  has  agreed,  on  a  voluntary  basis,  to  track  Phase  II  implementations  on  its  CDMA  network  in  the  same  manner  as  it  tracks  Phase  I  implementations.  Sprint  reserves  the  right  to  modify  this 
 attached  plan  as  necessary  to  better  ensure  continuing  compliance  with  the  Commission's  Rules. 
 12.  The  Parties  agree  that  Sprints  obligations  set  forth  in  paragraph  11  will  remain  in  effect  for  twenty-  four  (24)  months  from  the  Effective  Date. 

 13.  The  Parties  acknowledge  and  agree  that  this  Consent  Decree  shall  constitute  a  final  and  binding  settlement  between  Sprint  and  the  Bureau  regarding  the  possible  violations  of  Section  20.18(  d)  of 
 the  Rules  specified  by  the  NAL.  In  consideration  for  termination  by  the  Bureau  of  the  Enforcement  Proceeding  and  in  accordance  with  the  terms  of  this  Consent  Decree,  Sprint  agrees  to  the  terms  set  forth 
 in  this  Consent  Decree. 
 14.  The  Bureau  agrees  that  it  will  not  institute,  on  its  own  motion,  any  new  proceeding,  formal  or  informal,  take  any  action  on  its  own  motion,  or  recommend  to  the  Commission  any  forfeiture  or 
 other  sanction,  against  Sprint  for  the  possible  violations  of  Section  20.18(  d)  of  the  Rules  specified  by  the  NAL.  Nothing  in  this  Consent  Decree  shall  prevent  the  Bureau  from  instituting  investigations  or 
 enforcement  proceedings  against  Sprint  in  the  event  of  any  other  alleged  misconduct  that  violates  this  Consent  Decree  or  that  violates  any  provision  of  the  Act  or  the  Rules. 
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 15.  The  Parties  agree  that  any  provision  of  this  Consent  Decree  which  conflicts  with  any  subsequent  rule,  order  of  general  applicability  or  other  decision  of  general  applicability  adopted  by  the 
 Commission  will  be  superseded  by  such  Commission  rule,  order  or  other  decision. 
 16.  Sprint  agrees  that  it  will  make  a  voluntary  contribution  to  the  United  States  Treasury  in  the  amount  of  thirty  five  thousand  dollars  ($  35,000)  within  30  calendar  days  after  the  Effective  Date  of 
 the  Adopting  Order.  Payment  of  the  forfeiture  must  be  made  by  check  or  similar  instrument,  payable  to  the  order  of  the  Federal  Communications  Commission.  The  payment  must  include  the  NAL/  Acct.  No. 
 and  FRN  No.  referenced  above.  Payment  by  check  or  money  order  may  be  mailed  to  Federal  Communications  Commission,  P.  O.  Box  358340,  Pittsburgh,  PA  15251-  8340.  Payment  by  overnight 
 mail  may  be  sent  to  Mellon  Bank  /LB  358340,  500  Ross  Street,  Room  1540670,  Pittsburgh,  PA  15251.  Payment  by  wire  transfer  may  be  made  to  ABA  Number  043000261,  receiving  bank  Mellon  Bank,  and 
 account  number  911-  6106.  5  The  payment  should  reference  the  NAL/  Acct.  and  FRN  No.  referenced  above. 

 17.  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  Sprint  nor  the  Commission  shall  contest  the 
 continuing  validity  of  the  Consent  Decree  or  Adopting  Order.  The  Parties  agree  to  comply  with,  defend  and  support  the  validity  of  this  Consent  Decree  and  the  Adopting  Order  in  any  proceeding  seeking  to 
 nullify,  void,  or  otherwise  modify  the  Consent  Decree  or  the  Adopting  Order. 
 18.  The  Parties  agree  that  in  the  event  that  any  court  of  competent  jurisdiction  renders  this  Consent  Decree  invalid,  this  Consent  Decree  shall  become  null  and  void  and  may  not  be  used  in  any 
 manner  in  any  legal  proceeding. 
 19.  Sprint  waives  any  rights  it  may  have  under  any  provision  of  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.  This  Consent  Decree  cannot  be  modified  without  the  advance  written  consent  of  both  Parties  except  as  indicated  in  paragraph  11. 

 5  47  C.  F.  R.    1.1914. 
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 21.  This  Consent  Decree  may  be  signed  in  counterparts. 
 For  the  Enforcement  Bureau: 

 ________________________________  Kris  Anne  Monteith 
 Acting  Chief,  Enforcement  Bureau 
 ________________________________  Date 

 For  Sprint  Spectrum  L.  P.: 
 ________________________________  Luisa  L.  Lancetti 
 Vice  President,  Wireless  Regulatory  Affairs 
 ________________________________  Date 
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 Federal  Communications  Commission  DA  05-  1971 
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 COMPLIANCE  PLAN 
 Summary  of  Sprint  Spectrum  L.  P.  ("  Sprint")  Administrative  Changes 
 As  part  of  its  effort  to  ensure  compliance  with  the  Communications  Act  of  1934,  as  amended,  and  the  FCC's  rules  and  regulations,  Sprint's  911  implementation  group  (the  "911  Group")  has  developed,  and 

 will  continue  to  implement  and  oversee,  the  following  administrative  changes  to  its  implementation  of  E911  Phase  I  requests  on  its  CDMA  network.  Sprint  will  also  voluntarily  track  E911  Phase  II  requests  on 
 its  CDMA  network  in  the  same  manner: 

 1.  Establish  a  computer  database  known  as  the  Network  Element  Object  (  NEO)  Database  to  track  all  ongoing  E911  projects  including  the  status  of  implementation  and  the  responsible  Numbering 
 Solutions  employee  handling  implementation. 
 2.  Require  a  supervisor  to  conduct  random  audits  of  employee  projects  to  determine  that  such  projects  have  been  entered  in  NEO,  formal  E911  Phase  I  and  II  requests  from  PSAP(  s)  are  filed,  dates  are 
 correct  in  NEO,  and  employee  adherence  to  Sprints  E911  processes  are  followed. 
 3.  With  the  use  of  NEO,  a  supervisor  will  track  project  status  on  a  regular  basis. 
 4.  Sprint  will  provide  contact  escalation  information  to  requesting  PSAPs,  including  levels  from  Director  to  Supervisor  with  name,  phone  number  (office  and  mobile)  and  address,  to  permit  notification 
 to  Sprint  management  of  any  deployment  concerns. 
 5.  Through  NEO  provide  e-  mail  notification  to  all  employees  with  status  of  all  projects  that  they  own  when  the  projected  due  date  is  within  60  days. 
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