U.S. Department
of Justice
Final Judgment
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UNITED STATES DISTRICT COURT
FINAL JUDGMENT Plaintiff, United States of America, filed its Complaint on November 10, 1998. Plaintiff and the Defendant, by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law. This Final Judgment shall not be evidence against or an admission by any party with respect to any issue of fact or law. Therefore, before the taking of any testimony, without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, it is hereby ORDERED, ADJUDGED, AND DECREED, as follows:
I. This Court has jurisdiction of the subject matter of this action and of each of the parties consenting hereto. Venue is proper in the District of Columbia. The Complaint states a claim upon which relief may be granted against the Defendant under Section 1 of the Sherman Act, 15 U.S.C. 1. II. (A) "Defendant" means Omnipoint Corporation, its successors, assigns, subsidiaries, divisions, groups, affiliates, partnerships and joint ventures, directors, officers, managers, agents, and employees. (B) "Document" means all "writings and recordings" as that phrase is defined in Rule 1001(1) of the Federal Rules of Evidence. (C)"FCC" means the Federal Communications Commission. (D)"License-identifying information" means any number, letter, code or description that designates a license or that links licenses. (E) "Person" means any natural person, corporation, firm, company, sole proprietorship, partnership, association, institution, governmental unit, public trust, or other legal entity. III. (B) Nothing herein contained shall suggest that any portion of this Final Judgment is or has been created for the benefit of any third party and nothing herein shall be construed to provide any rights to any third party. IV. The Defendant is enjoined and restrained from: (A)Entering into any agreement with any other license applicant to fix, establish, suppress or maintain the price for any license to be awarded by the FCC in an auction, or to allocate any such licenses amongst competitors, provided, however, that nothing in this provision shall prohibit the Defendant from participating in any bidding consortium, teaming arrangement or other joint venture authorized under the rules and regulations of the FCC pertaining to future auctions, and disclosed to the FCC. (B)In the course of any auction conducted pursuant to the rules and regulations of the FCC, offering any price to the FCC for the lease, purchase, or right to use any FCC- awarded license, that includes within that price any license-identifying information, unless the inclusion of such information is required by the FCC. V. The Defendant is ordered to maintain an antitrust compliance program, which shall include the following: (A)Designating, within 30 days of entry of this Final Judgment, an Antitrust Compliance Officer with responsibility for accomplishing the antitrust compliance program and with the purpose of achieving compliance with this Final Judgment. The Antitrust Compliance Officer shall, on a continuing basis, supervise the review of the current and proposed activities of the Defendant to ensure that it complies with this Final Judgment. (B)The Antitrust Compliance Officer shall be responsible for: (1)Distributing within 60 days of the entry of this Final Judgment, a copy of this Final Judgment to (a) all officers and directors of the Defendant; and (b) to all employees who have any responsibility for formulating, proposing, recommending, establishing, approving, implementing or submitting the Defendant's prices in FCC-conducted license auctions; (2)Distributing in a timely manner a copy of this Final Judgment to any officer, director or employee who succeeds to a position described in SectionV (B)(1); (3)Obtaining from each present or future officer, director or employee designated in Section V(B)(1), within 60 days of entry of this Final Judgment or of the person's succession to a designated position, a written certification that he or she: (1) has read, understands, and agrees to abide by the terms of this Final Judgment; and (2) has been advised and understands that his or her failure to comply with this Final Judgment may result in conviction for criminal contempt of court; (4)Maintaining a record of persons to whom the Final Judgment has been distributed and from whom, pursuant to Section V(B)(3), the certification has been obtained; and (5)Reporting to the Plaintiff any violation of the Final Judgment. VI. Within 75 days after the entry of this Final Judgment, the Defendant shall certify to the Plaintiff whether it has complied with Sections V(B)(1) and (B)(3) above. VII. (A)To determine or secure compliance with this Final Judgment and for no other purpose, duly authorized representatives of the Plaintiff shall, upon written request of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to the defendant made to its principal office, be permitted, subject to any legally recognized privilege: (1)access during the Defendant's office hours to inspect and copy all documents in the possession or under the control of the Defendant, who may have counsel present, relating to any matters contained in this Final Judgment; and (2)subject to the reasonable convenience of the Defendant and without restraint or interference from it, to interview officers, employees or agents of the Defendant, who may have counsel present, regarding such matters. VIII. (A) This Final Judgment shall expire ten years from the date of its entry.
(B)Jurisdiction is retained by this Court for the purpose of enabling the parties to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify or terminate any of its provisions, to enforce compliance, and to punish violations of its provisions. DATED: 2/24/99 ______________/s/_____________ |