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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)

Date Filed: 04/01/2011



UNOPPOSED MOTION TO MODIFY FINAL JUDGMENT

Plaintiff United States and defendants jointly move this Court for an order modifying Section IV.J of the Final Judgment entered in this case. The Final Judgment required defendants to sell wireless businesses in portions of 22 states, and allowed defendants to enter into a transition services agreement with the acquirer(s) for a period of up to one year after the sale. Specifically, the first sentence of Section IV.J of the Final Judgment states:

At the option of the Acquirer(s) of the Divestiture Assets, defendants shall enter into a contract for transition services customarily provided in connection with the sale of a business providing mobile wireless telecommunications services or intellectual property licensing sufficient to meet all or part of the needs of the Acquirer(s) for a period of up to one year, provided that defendants shall only be required to license the Verizon brand to the acquirer(s) of the Divestiture Assets in the CMAs listed in Section II.D.3 for a period of nine (9) months.

In accordance with the Final Judgment, defendants sold the wireless assets to two different acquirers, and entered into one-year transition services agreements with each of them. The proposed modification would change Section IV.J to allow the term of the transition services agreements to be extended for a four-month period, plus an additional three month period if necessary with the approval of plaintiff United States.

Defendants hereby agree that the proposed Modified Final Judgment submitted to this Court may be filed and entered by this Court at any time, without further notice to any other party, provided that plaintiff United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Modified Final Judgment by serving notice thereof on the defendants and by filing that notice with the court.

Defendants further agree to abide by and comply with the provisions of the proposed Modified Final Judgment as if it were full force and effect as an order of the court, pending the Judgment's entry by this Court, or until expiration of time for all appeals of any Court ruling declining entry of the proposed Modified Final Judgment.



Dated: April 1, 2011 Respectfully submitted,


FOR PLAINTIFF UNITED STATES


_______s/Hillary B. Burchuk________________
Hillary B. Burchuk (D.C. Bar No. 366755)
Attorney, Telecommunications &
Media Enforcement Section
Antitrust Division
U.S. Department of Justice
Liberty Square Building
450 5th Street, N.W., Suite 7000
Washington, D.C. 20530
(202) 514-5621
Facsimile: (202) 514-6381
FOR DEFENDANTS VERIZON
COMMUNICATIONS INC. AND ALLTEL
CORPORATION


_______s/John Thorne________________
John Thorne (D.C. Bar No. 421351)
Senior Vice President and Deputy
General Counsel
David E. Wheeler (D.C. Bar No. 473404)
Vice President and Associate
General Counsel
Verizon Communications Inc.
1320 N. Courthouse Road
Ninth Floor
Arlington, VA 22201-2909
(703) 351-3900
Facsimile (703) 351-3670