Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act

Date: 
Thursday, March 5, 2009
Document Type: 
Certificates of Compliance with APPA
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA, STATE OF    
ALABAMA, STATE OF CALIFORNIA, STATE   
OF IOWA, STATE OF KANSAS, STATE OF    
MINNESOTA, STATE OF NORTH DAKOTA,
and STATE OF SOUTH DAKOTA,

                  Plaintiffs,

                  v.

VERIZON COMMUNICATIONS INC. and
ALLTEL CORPORATION,

                  Defendants.


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Case No. 1:08-CV-01878 (EGS)

Filed: 03/05/2009

CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

Plaintiff United States of America, by the undersigned attorneys, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), the following procedures have been followed in preparation for the entry of the final judgment in the above-captioned matter herein:

  1. Plaintiffs and defendants stipulated to the entry of the proposed Final Judgment on October 30, 2008, and this Stipulation was filed with the Court on October 30, 2008;
  2. The proposed Final Judgment was filed with the Court on October 30, 2008;
  3. The Competitive Impact Statement was filed with the Court on October 30, 2008;
  4. The Stipulation, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on November 12, 2008, see 73 Fed. Reg. 66,922 (2008);
  5. A summary of the terms of the proposed Final Judgment was published in the Washington Post, a newspaper of general circulation in the District of Columbia, beginning on November 19, 2008 and continuing on consecutive days through November 25, 2008 (see attachment);
  6. Copies of the Stipulation, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site;
  7. The defendants jointly filed with the Court their respective descriptions of written or oral communications by or on behalf of the defendants, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. § 16(g), on November 7, 2008;
  8. The sixty-day comment period prescribed by 15 U.S.C. §16(b) and (d) for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, commenced on November 25, 2008 and ended on January 24, 2009;
  9. As of the date of this certificate of compliance, the United States has received one comment on the proposed Final Judgment. Accordingly, the United States filed its Response to Public Comments and the comment itself with this Court on February 17, 2009, and published the Response and the public comment in the Federal Register on March 3, 2009, see 74 Fed. Reg. 9267 (2009); and
  10. The parties have now satisfied all the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as a condition for entering the proposed Final Judgment, and it is now appropriate for the Court to make the necessary public interest determination required by 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.
Dated: March 5, 2009 Respectfully submitted,
    _______________/s/__Hillary B. Burchuk
Hillary B. Burchuk (D.C. Bar No. 366755)
Jared A. Hughes
Lawrence M. Frankel (DC Bar No. 441532)
Attorneys, Telecommunications & Media
      Enforcement Section
Antitrust Division

U.S. Department of Justice
City Center Building
1401 H Street, N.W., Suite 8000
Washington, D.C. 20530
(202) 514-5621
Facsimile: (202) 514-6381


Certificate of Service

I hereby certify that on March 5, 2009, a copy of the foregoing Plaintiff United States's Certificate of Compliance With Provisions of the Antitrust Procedures and Penalties Act was mailed via first class mail, postage prepaid, upon counsel for Public Service Communications, Inc., addressed as follows:

David U. Fierst, Esq.
Stein, Mitchell & Muse L.L.P.
1100 Connecticut Ave. N.W.
Suite 1100
Washington, DC 20036

    _______________/s/__Hillary B. Burchuk
Hillary B. Burchuk (D.C. Bar No. 366755)
Telecommunications & Media
Enforcement Section
Antitrust Division
U.S. Department of Justice
City Center Building
1401 H Street, N.W., Suite 8000
Washington, D.C. 20530
(202) 514-5621
Facsimile: (202) 514-6381

Attachments: 
Updated June 30, 2015