EXHIBIT 51 

Case: 1:12-cv-04069 Document #: 239-2 Filed: 07/21/14 Page 1 of 11 PageID #:4780
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601 Pennsylvania Ave., NW 

North Building, Suite 800 

Washington, DC 20004 

October 4, 2013 

The Honorable Edward J. Markey 

United States Senate 

218 Russell Senate Office Building 

Washington DC 20510-2107 

Dear Senator Markey: 

We write in reply to your letter of September 12, 2013, regarding law enforcement 

practices with respect to mobile phones. As you know, what was T-Mobile USA, Inc. in 

2012 merged with Metro PCS Communications, Inc. on May 1, 2013, forming T-Mobile 

US, Inc. (hereinafter, “TMUS”). The combined company continues to operate TǦMobile 

and MetroPCS as separate brands but we are migrating to a common network 

infrastructure with common support functions. As a result, this response is for the 

combined company. 

TMUS provides customer information to law enforcement agencies only where legally 

permitted or required to do so. TMUS maintains a dedicated law enforcement relations 

team (referred to as “LER”) which handles lawful requests from law enforcement and 

other governmental agencies and the courts for customer information. This team is 

trained in legal requirements and follows strict internal policies and procedures. LER 

works closely with our Chief Privacy Officer and reports into the VP of Legal Affairs and 

Compliance in the Legal Department. 

We require law enforcement agencies to follow established legal processes when they 

make a request for customer information. We examine each such request to ensure it 

meets legal requirements. We seek clarification if a request appears overbroad, 

unauthorized or omits important details. If a request is beyond the scope of the law, 

requests information outside of the company’s control, is facially defective or otherwise 

has a legal impairment it is rejected. We would note that when a lawful request for 

customer information is presented to us we are obliged to comply. 

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As permitted by law, we seek to recover our costs incurred in responding to lawful 

requests. We do not, however, market services to law enforcement. 

In response to your specific questions, please find our answers below: 

1. In 2012, how many total requests did your company receive from law enforcement to 

provide information about your customers' phone usage? 

 In 2012, TMUS received 297,350 requests for customer phone usage 

information. 

a. Within that total, please list the amount of requests your company received for each 

type of usage, including but not limited to the following: 1) Geo-location of device 

(please distinguish between historical and real-time); 2) Call detail records (i .e., pen 

register and trap and trace); 3) Text message content; 4) Voicemail; 5) Cell Tower 

dumps; 6) Wiretapping; 7) Subscriber information; 8) Data requests (e.g. , Information 

on URLs visited). 

While TMUS maintains records on each individual request, TMUS currently does 

not track requests according to all the categories listed above. TMUS received 

approximately 3000 wiretap requests. 

b. Within that total, how many of the requests were made in emergency circumstances, 

and how many were in non-emergency situations? 

Approximately 29% of responses were for declared emergency circumstances or 

inquiries from public safety answering points (“PSAPs”). 

c. Within that total, how many of the requests did your company fulfill and how many did 

it deny? If it denied any requests, for what reasons did it issue those denials? 

While TMUS maintains records on each individual request and whether it has 

been fulfilled or denied, TMUS currently does not track the information requested 

above. Requests may be denied in whole or in part, or denied and resubmitted 

if the defect has been remedied. 

d. Within that total, please breakdown how many of the requests were made by Federal 

authorities, how many by state authorities, and how many by local authorities. 

While TMUS maintains records on each individual request and requestor, TMUS 

currently does not track the information requested above. 

2. For each type of usage in 1(a), how long does your company retain the records? 

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While there are minor variations based upon internal circumstances (such as 

type of account, exact type of information, etc.) which may alter the information 

below, TMUS generally retains customer information for the following time 

periods. 

LEGACY COMPANY 

Information Type T-Mobile Metro PCS 

Geo-location Not stored Not stored 

Historic Cell Site 

Information 

180 Days 180 Days 

Call Detail Records Up to 7-10 years 2 years 

Text Message Content Not stored 60 Days 

Voicemail Content Up to 21 Days Up to 7 Days (on handset 

only) 

Cell Tower Dump 

Information 

180 Days 180 Days 

Voice Content Not stored Not stored 

Subscriber Information 6 years from account 

close1

6 years from account 

close2

Data requests (e.g. , 

Information on URLs 

visited) 

Not stored Not stored 

3. What is the average amount of time law enforcement requests for one cell tower 

dump (e.g., one hour, 90 minutes, two hours, etc.)? For each hour of a cell tower dump 

that your company provides, on average how many mobile device numbers are turned 

over to law enforcement? 

While TMUS maintains records on each individual request, TMUS currently does 

not track the information above. Cell phone tower usage (and thus the number of 

customer devices utilizing a specific tower across any given time period) varies 

greatly depending on location, time of day and other factors. 

4. In 2012, how many requests did your company receive under Section 215 of the 

Patriot Act? 

TMUS understands that the Department of Justice considers whether or not a 

provider receives any request under the Foreign Intelligence Surveillance Act to 

be classified, as well as the total number of such requests, if any. Accordingly, 

TMUS can neither confirm nor deny that it receives such requests. 

 

1

 Or longer period if T-Mobile needs such information for business, legal, or tax purposes. 2

 Ibid. 

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5. What protocol or procedure does your company employ when receiving these 

requests? 

TMUS cannot confirm whether it receives such requests as noted in the previous 

answer. As a general principle in regard to any legal process, Requests are 

reviewed to determine that they are valid on their face (for example, the request 

contains the appropriate signatures and the issuing body has the authority to 

make the request). Applying applicable state and Federal law, a determination 

is made whether the proper legal process (subpoena, court order, warrant) has 

been used based upon the type of information requested. The LER team will also 

determine that the demand is not beyond the scope of the law, is sufficiently 

specific and that it clearly describes the specific subscriber whose information is 

sought. 

a. What legal standard do you require law enforcement to meet for each type of usage 

in 1(a)? 

The legal authority required may vary upon certain specific circumstances, case 

law and the jurisdiction. Based on our understanding of the applicable legal 

authority, generally, TMUS requires the following: 

Information Type Required Authority 

Prospective Location Warrant 

Historic Cell Site 

Information 

Court Order 

Historic Call Detail Records Subpoena 

Real-time Call Detail 

Records 

Court Order 

Text Message Content Warrant 

Voicemail Content Warrant 

Cell Tower Dump 

Information 

Warrant 

Real-time Voice Content Warrant 

Subscriber Information Subpoena 

Data requests (e.g. , 

Information on URLs 

visited) 

Warrant 

b. Does your company distinguish between emergency cell phone tracking requests 

from law enforcement and non-emergency tracking requests? If yes, what are the 

distinctions? 

We do distinguish between emergency requests and non-emergency requests. 

The distinction we apply is based on federal law. The Electronic 

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Communications Privacy Act or ECPA allows for disclosure of communications 

content or information pertaining to a subscriber if we believe in good faith that 

an emergency involving danger of death or serious physical injury to any person 

requires disclosure of the information without delay.3 TMUS’ requires law 

enforcement to make a written request describing the emergency and answer 

certain specific authenticating questions. Also, under federal law governing 

Customer Proprietary Network Information (“CPNI”), we are authorized to provide 

CPNI including call location information to law enforcement in order to respond to 

a user’s call for emergency services.4

c. Have any of these practices changed since your May 2012 correspondence? 

No. 

6. Did your company encounter misuse of cell phone tracking by police departments 

during 2012? If yes, in what ways has tracking been misused? And if yes, how has your 

company responded? 

We are not aware of any such misuse. 

7. Does your company have knowledge of law enforcement authorities that use their 

own tracking equipment (e.g., Stingray phone trackers)? If yes, please explain. Does 

your company cooperate with law enforcement that uses its own tracking equipment? If 

yes, how? 

Other than what has been publicly reported about law enforcement’s tracking 

equipment, we are not aware of the tracking equipment that law enforcement 

authorities may use and we are not aware that that any law enforcement 

authority has asked TMUS for assistance with their own tracking equipment. Any 

requests for assistance would be handled pursuant to legal requirements and we 

would require a proper showing of sufficient legal authority before providing such 

assistance. 

8. In 2012, did your company receive money or other forms of compensation in 

exchange for providing information to law enforcement? If yes, how much money did 

your company receive? And if yes, how much does your company typically charge for 

specific services (please refer to the list in 1(a) above)? 

Federal law provides that carriers are entitled to be compensated for the 

reasonable costs of providing technical assistance for lawful surveillance 

 

3

18 U.S.C. § 2702(b)(6)(c), as amended (communications content; 18 USC § 2702(c)(4) (customer 

records or content pertaining to a subscriber). 

4

47 USC § 222 (d)(4)(A). 

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activities, and for costs incurred in providing stored electronic communications or 

backup copies to the government.5

 In addition, we may also assess certain other 

charges in connection with responding to lawful requests. See attached fee 

schedule. In 2012, T-Mobile USA collected approximately eleven million for 

providing LER services to law enforcement agencies. 

a. Does your company charge different amounts depending upon whether the request is 

for emergency or non-emergency purposes? Does your company charge fees for 

emergency cell phone tracking requests from police departments? 

Generally, TMUS does not charge law enforcement agencies for the costs 

incurred in responding to exigent requests (emergencies) such as kidnappings, 

imminent terrorist acts, specific threats to law enforcement agents and other 

crimes which may fall under 18 U.S.C. 2702. However, that depends on the type 

of production or service required and the volume of the production. 18 USC § 

2706 precludes us from cost recovery for producing toll records and subscriber 

information except in cases of undue burden. 

b. Please include any written schedule of any fees that your company charges law 

enforcement for these services. 

Please see attachments. Separate price sheets have been provided for the two 

separate business units. The T-Mobile USA price list is a combination of price 

sheets used for different request types. 

Respectfully Submitted, 

Tony Russo 

Vice President, Federal Legislative Affairs 

 

5

 See 18 U.S.C. § 2518(4) (wiretaps); 18 U.S.C. § 3124 (c) (pen register, trap and trace); 18 U.S.C. § 

2706(a) (stored electronic communications). 

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Law Enforcement Relations 

Combined Price Sheet (excluding Metro PCS)

1 

Fee Schedule for Real-Time Surveillance and Location Information 

Telecommunications carriers are entitled, under federal and state statutes, to be compensated for reasonable 

expenses incurred in providing the “information, facilities and technical assistance” necessary for pen register and 

lawful intercept activities. T-Mobile USA’s fee schedule reflects the cost of back-office infrastructure, personnel and 

other costs incurred in providing such services pursuant to court order. 

Fees for Pen Register/Trap and Trace Orders (call associated data only) and Wire-Communications or 

Electronic Communications Intercept Orders (call associated data and call content) 

A flat Provisioning fee of $500.00 per target number/per intercept type (i.e. circuit-switched/telephony or packet-data 

communications) applies to each International Mobile Subscriber Identity (IMSI) number targeted in a PR/TT/WireCommunications Intercept Order. 

x A pro-rated fee for each initial order (i.e. 30 day initial order for T-III/T50, 60 days initial order for PR/TT) is as 

follows: 

x Pen Register: $20.00 per day/per target/per intercept type 

x Pen Register with cell site (18 USC, 2703d): $25.00 per day/per target/per intercept type 

x T-III/T-50 (includes PR/TT): $40.00 per day/per target/per intercept type 

Pen Register/Intercept Orders - Additional Charges 

x Should the order involve additional technology types (for instance, packet data information), an additional flat fee 

of $250.00 per target number will be incurred. 

x Re-initiations of intercepts for orders that have expired are treated as new intercepts. 

x Packet Data interceptions are treated as an additional interception and are charged in addition to Voice/SMS 

intercepts. 

x Costs associated with any temporary or permanent leased circuits (i.e. ISDN, T1, etc.), ancillary equipment (i.e. 

routers) and/or software application(s) are the sole responsibility of the law enforcement agency administering 

the court-authorized activity. T-Mobile USA currently provides secure VPN connection at no cost. 

 

Voice Mail Content Retrieval 

x The preferred method of production is a copy of all historic content responsive to your request. 

x A flat fee of $150.00 per voice mailbox applies to the “cloning” of a subscriber’s voice mail services. The flat fee 

applies to each period of ninety (90) days or part thereof. 

WebMap Location Tool charges 

x $100.00 per day per MSISDN. 

x Only Government E-Mail addresses will be accepted for response (up to five addresses). 

x Repeat notifications are set to every 15 minutes by default. 

x Charges may be waived for certain authenticated emergency situations (pursuant to 18 U.S.C. §§ 2518, 2701, 

2702, 3125 and any other applicable Federal or State statute). 

Cell Tower Searches 

x $100.00 per cell site per day to provide a list of mobile numbers only. 

x $150.00 per cell site per day to provide a list of mobile numbers and corresponding subscriber information. 

x Requests for less than 24 hours but include contiguous time frames that cross over two dates (such as 11:00 pm 

– 1:00 am) will only be counted as one date. 

*Fee Schedule Subject to Change Without Notice 

Fee Authorization for Expedited Service 

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Law Enforcement Relations 

Combined Price Sheet (excluding Metro PCS)

2 

T-Mobile USA’s Law Enforcement Relations (LER) receives thousands of requests for customer information each 

year. The only fair method for production is to respond in the order received. We recognize that on occasion, 

however, our requestors need expedited processing in non-emergency situations. Working requests out of order 

generally leads to duplication of work, additional delays for some requests and more phone calls due to those delays. 

All of this involves significant cost and risk to T-Mobile. To meet the needs of our requestors, we offer paid expedited 

service. The turnaround time for most expedited responses is one (1) business day or less after receiving payment 

and the legal demand. This is a premium service and not subject to the confines of 18 USC §2706 as we are not 

charging for the records but for the premium expedited service. T-Mobile will only release expedited records upon 

payment in full for the service. We will verify the existence of records prior to any charges being incurred. T-Mobile 

reserves the right to refuse expedited service and change any and all policies or prices regarding such 

service. 

ERT Requests are “all or nothing” requests. This means that if a legal demand requests more information than the 

party seeking the expedite desires, s/he must submit a new legal demand limiting their request or accept the 

expedited portion as a full response to the original legal demand. A request for limited production must be made 

explicitly and in writing. 

We will not process civil case expedites. We will process criminal defense expedites but NOT in California. 

Please call LER between 10:00am and 4:00pm ET for more details. 

$50 minimum charge. 

$50 per number charge on CDR requests (past 30 days). 

Additional Charges: $15 for each additional billing cycle (bills – pdf format) or month (xls format; available for up to 

90 days) following the most recent 30 days of records T-Mobile will only expedite a maximum of 6 months of 

records per expedited request. If your require more than 6 months of records you must submit (an) 

additional(s) legal demands to support the full time frame, and will be charged separately for each request. 

For Subscriber Info only requests: $50 Fee (allows for production of 1 number). $10 for each additional number. 

Cell site records with CDR: $10 extra per number per month (xls format; available for up to 90 days) over normal 

CDR pricing. 

Cell tower dumps: Standard fee is $100/hr plus $50 expedite (minimum charge of $150). If subscriber info is 

requested on all numbers, the charge will be $150/hr plus $50 expedite plus $50 for every ten subs (minimum charge 

of $250). 

Criminal Defense expedites will be charged per the normal cost structure plus the $50 expedite fee. 

Any fees that would normally be charged in the normal course of business will have to be prepaid upfront and are in 

addition to the expedite fee of $50. 

 

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Law Enforcement Relations 

Combined Price Sheet (excluding Metro PCS)

3 

Fee Authorization for Burdensome or Unusually Burdensome Requests 

PLEASE TAKE NOTICE THAT TǦMOBILE IS IN RECEIPT OF YOUR SUBPOENA AND PROVIDES THE 

FOLLOWING RESPONSE: GENERALLY, TǦMOBILE DOES NOT CHARGE FOR RECORDS RELATED TO A 

REQUEST MADE PURSUANT TO 18 USC §2703(c)(2) OR EQUIVALENT STATE STATUTE. HOWEVER, 18 USC 

§2706(c) ALLOWS CARRIERS TO RECOVER COSTS IN CASES DEEMED TO BE UNDULY BURDENSOME. THE 

AVERAGE REQUEST RECEIVED BY TǦMOBILE REQUESTS APPROXIMATELY 55 DAYS OF RECORDS (WITH A 

MEDIAN NUMBER OF 31). 

YOUR SUBPOENA (ATTACHED) REQUESTS CALL DETAIL RECORDS FOR THE PERIOD OF ______ 

THROUGH _______. 

THIS WOULD RESULT IN ____ MONTHS OF RECORDS. THE COMPILATION OF SUCH RECORDS INVOLVES 

MORE THAN ACCESSING MAINTAINED RECORDS. SIGNIFICANT COMPILATION AND ANALYSIS IS 

NECESSARY IN ORDER TO FULFILL SUCH A LARGE REQUEST. 

MULTIPLE SYSTEMS MAY NEED TO BE ACCESSED THEN ANALYZED FOR COMPLETENESS AND COMPILED 

TO MAKE IT COHERENT FOR AN EXTERNAL REQUESTOR. MULTIPLIED BY THE NUMBER OF 

SUBSCRIBERS, YOUR REQUEST INVOLVES ___32___ MONTHS OF RECORDS. 

DUE TO THE VOLUMINOUS NATURE OF YOUR REQUEST, TǦMOBILE WILL REQUIRE ADDITIONAL TIME TO 

RESPOND WITH CALL DETAIL RECORDS (ANY SUBSCRIBER INFORMATION IS INCLUDED WITH THIS 

LETTER NOTWITHSTANDING AND WITHOUT WAIVING ANY OBJECTION). ADDITIONALLY, TǦMOBILE SEEKS 

RECOVERY OF COSTS. 

x $25 per number charge on CDR requests (the past 30 days). 

x $15 for each additional billing cycle (bills – pdf format) or month (.xls format; available for up to 90 days) 

following the most recent 30 days of records. 

x Cell site records with CDR: $10 extra per number per month (xls format; available for up to 90 days) over 

normal CDR pricing. 

x Cell tower dumps: Standard fee is $100/hr. If subscriber info is requested on all numbers, the charge will be 

$150/hr plus $50 for every ten subs (minimum charge of $200). 

TOTAL CHARGES FOR COMPLIANCE WITH THIS SUBPOENA WILL BE $_______. 

PLEASE CHECK ONE OF THE OPTIONS BELOW, SIGN AND FAX TO OUR OFFICE AT (973) 292Ǧ8697. THANK 

YOU FOR YOUR COOPERATION. 

___ PLEASE COMPLY WITH THE SUBPOENA AS IT WAS ISSUED. I AUTHORIZE ALL CHARGES AND 

ACKNOWLEDGE THAT COMPLIANCE TIME WILL BE EXTENDED DUE TO THE VOLUMINOUS AND 

BURDENSOME NATURE. 

___ PLEASE COMPLY WITH THE SUBPOENA, AMENDING THE REQUESTED DATE RANGE FOR CALL 

DETAIL RECORDS TO THE FOLLOWING: ______________. I AUTHORIZE THE AMENDED CHARGES 

AS OUTLINED ABOVE. 

___ PLEASE DISREGARD THE SUBPOENA, AS I DO NOT AUTHORIZE ANY CHARGES. 

Case: 1:12-cv-04069 Document #: 239-2 Filed: 07/21/14 Page 10 of 11 PageID #:4789
 MetroPCS Subpoena Compliance

Rev. 6-26-2012 dml 

Law Enforcement Agencies/Attorneys: 

Welcome to MetroPCS! Please read the updated information. Thank you! 

What is Needed from Law Enforcement/Attorneys to Process Requests 

The following information will assist our team of analysts to process your 

records: 

x Please include the requesting agent’s first and last name, phone 

number, fax number, email and mailing address with each request. 

Email is our preferred method of returning records.

x Please include specific agency billing instructions. 

x Please use 1-800-571-1265 when calling the Compliance 

Department. Please listen to the options and choose appropriately. 

x For general questions and status checks, please use our 

leaquestions@metropcs.com email. 

x Be prepared with the tracking number, target number, or invoicing 

number if calling or emailing for information. 

All requests received by fax or email will generate an automatic receipt when 

accepted into the system. The records will be returned via email, fax, or 

mail. Email is the fastest method of receiving results. 

What is Available 

The following cites what information is available, specific documentation 

required, and the associated reasonable and customary fees. 

x Subscriber: Subscriber information may be obtained with a subpoena. Current subscriber data is provided unless 

a specific time frame is requested. 

x Call Detail Records: Call detail records are retained approximately 6 months from the current date after which 

they are overwritten and cannot be recovered. Call detail records may be obtained with a subpoena. Call detail 

records with cell sites require a court order or a search warrant. Since subscribers change often, it is advised to 

narrow the timeframe to the time of the event. 

$50 per number for call detail records for more than 30 days 

x Text messages: Text messages are stored for approximately 60 days and require a court order, search warrant, 

or grand jury subpoena. 

$50 per number for text messages with content or without content for any date range 

x Voicemail Password Reset: Voicemail is stored on the server for 7 days unless the subscriber saves the 

message. Once the message is deleted, it is permanently deleted and cannot be restored. A court order or 

search warrant is required in order for the voicemail to be reset. 

$50 per number for a voicemail password reset 

x Calls to Destination Search: Requires a court order or a search warrant. 

$50 per number for calls to destination search 

x Cell Tower/Area Dumps: Requires a court order or a search warrant. 

$50 for a Cell Tower Dump per tower number for a 2 hour period

$100 for an Area Dump (if you know the location but do not know the cell towers that affect the 

area) for a maximum of 2 cell towers for a 2 hour period per cell tower search

x Pen Registers: Requires a court order. 

$200 set-up fee and $20 per day maintenance with a minimum fee of $500 

x Wire Taps: Requires a court order. 

$400 set-up fee and $40 per day maintenance 

What is not Available 

The following information is not available: 

x Subscriber information based on an IP Address

x Picture messages or Multi-Media Messages (MMS) 

x Caller ID blocked from Non-MetroPCS customers 

x GPS, pinging or triangulation

How to Contact MetroPCS

Phone 24x7: (800) 571-1265 

Office Hours: 8:00-5:00 CST 

Please listen to the options and 

choose appropriately.

Mailing address:

MetroPCS Subpoena Compliance

2250 Lakeside Blvd.

Richardson, TX 75082

To fax subpoenas/court orders:

972-860-2635

To E-mail subpoenas/court orders: 

subpoenas@metropcs.com 

For questions and status checks: 

leaquestions@metropcs.com 

For pen/wire issues or questions: 

esu@metropcs.com

For invoicing issues or questions: 

leainvoicing@metropcs.com 

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