Federal Communications Commission DA 10-2068 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Verizon Wireless Data Usage Charges ) ) ) ) ) File No. EB-09-TC-458 Account No. 201132170001 FRN No. 0019212406 ORDER Adopted: October 28, 2010 Released: October 28, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) of the Federal Communications Commission (“Commission”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”). The Consent Decree terminates an investigation against Verizon Wireless for possible violations of Section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 201(b), and Section 64.2401 of the Commission’s rules, 47 C.F.R. § 64.2401. 2. The Bureau and Verizon Wireless have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the referenced investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission’s rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. Federal Communications Commission DA 10-2068 2 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless, 1300 I Street, NW, Suite 400, Washington, DC 20005, and to David Solomon, Esq., counsel for Verizon Wireless, Wilkinson Barker Knauer, LLP, 2300 N Street, NW, Suite 700, Washington, DC 20007. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau