Federal Communications Commission DA 14-1704
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the Western District of Washington to resolve the concurrent investigation by the
FTC regarding Unauthorized Third-Party Charges.
(q) “Investigation” means the inquiry undertaken by the Bureau in File No. EB-TCD-
14-00016039, and involving the facts and allegations set forth in Sections 2-10 of
this Consent Decree and the facts and allegations developed by the FTC in the
inquiry underlying the FTC Settlement, which the FTC shared with the Bureau, as
they relate to conduct occurring before the Effective Date.
(r) “Newly Acquired Entities” means any entities T-Mobile acquires in the future.
(s) “Participating States” means the following states and commonwealths: Alabama,
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, and Wyoming, as well as the
District of Columbia.
(t) “Parties” mean T-Mobile and the Bureau, each of which is a “Party.”
(u) “Person” shall have the same meaning as defined in 47 U.S.C. § 153(39).
(v) “Premium Short Messaging Service,” or “PSMS,” means a service that distributes
paid content to a Consumer using the Short Message Service and Multimedia
Messaging Service communication protocols via messages that are routed using a
Short Code, resulting in a Third-Party Charge.
(w) “Product” means content and/or services that can be used on a mobile device for
which charges are placed on the Consumer’s Bill by T-Mobile. “Product” excludes
contributions to charities, candidates for public office, political action committees,
campaign committees, campaigns involving a ballot measure, or other similar
contributions. “Product” also excludes co-branded and white label products where
content and services are sold jointly and cooperatively by T-Mobile and another
entity, where the content and/or services is placed on the Consumer’s Bill as a T-
Mobile charge, and T-Mobile is responsible for accepting complaints, processing
refunds, and other communications with the Consumer regarding the charge.
“Product” also excludes handset insurance, extended warranty offerings, and
collect calling services.
(x) “Rules” mean the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(y) “Short Code” means a common code leased from the CTIA Common Short Code
Administration that is composed of a set of numbers, usually 4 to 6 digits, to and
from which text messages can be sent and received from using a mobile telephone.
(z) “States Attorneys General Settlement” means the Assurances of Voluntary
Compliance executed by T-Mobile and the Participating States, or similar
document as required by applicable state law, to resolve the concurrent
investigation by the Participating States regarding Unauthorized Third-Party
Charges.