FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,873
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7. Jurisdiction. DNA 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. 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 Bureau Order.
9. Termination of Investifation. 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 the NAL. In consideration for the termination of said
investigation and cancellation of the NAL, DNA 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, or to recommend to the Commission,
any new proceeding, formal or informal, or take any action on its own motion against DNA concerning
the matters that were the subject of the investigation. 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 or recommend that the Commission take any action against DNA with respect to DNA's
basic qualifications, including its character qualifications, to be a Commission licensee or authorized
common carrier or hold Commission authorizations.
10. Compliance Plan. For purposes of settling the matters set forth herein and to help ensure
compliance with the Commission's CPNI rules, DNA agrees to take all measures necessary to achieve
full compliance with section 64.2009(e) of the Commission's rules. DNA agrees to train its personnel
within thirty (30) days as to when they are and are not authorized to use CPNI. DNA further agrees to
have an express disciplinary process in place for the unauthorized use of CPNI, within thirty (30) days.
Additionally, DNA agrees to submit a copy of its annual section 64.2009(e) compliance certificate, which
it is required to file annually in EB Docket 06-36, for each of two (2) years following 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. DNA will also send an electronic copy of its certification
to other Telecommunications Consumers Division staff as directed by the Division Chief. This Consent
Decree will expire two (2) years after the Effective Date or upon the termination of the certification
requirement set forth in section 64.2009(e) of the Commission's rules, 47 C.F.R. 64.2009(e), whichever
11. 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 Act against DNA 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 of the Act, the rules, or the Adopting Order.
12. Voluntary Contribution. DNA agrees that it will make a voluntary contribution to the
United States Treasury in the amount of $3,600. The contribution will be made within thirty (30)
calendar days after the Effective Date of the Adopting Order. Payment must be made by check or similar
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/45/?rotate=90: accessed November 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.