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.
    
    

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: