William B.

Petersen General Counsel

veriz onwireless
October 3, 2013
Verizon Wireless One Verizon Way VC43E024 Basking Ridge, NJ 07920-1097 Phone 908 559-5695 Fax 908 559-7397 william .petersen@verizonwireless .com

The Honorable Edward J. Markey United States Senate Russell Building, Suite SR-218 Washington, DC 20510 Dear Senator Markey:

I am writing in response to your September 12, 2013 letter to Lowell C. McAdam, President and ChiefExecutive Officer ofVerizon Communications Inc. , inquiring about Verizon Wireless' practices when responding to requests for customer information from law enforcement. Protecting our customers ' privacy is one of V erizon Wireless' highest priorities. Yet, as your letter indicates, Verizon Wireless has a legal obligation to provide customer information to law enforcement in many situations. Law enforcement demands for customer information are typically accompanied by a warrant, a court order, or a subpoena. Verizon Wireless carefully reviews each of these legal demands and has in place a process to ensure that we fulfill our legal obligations to provide information only when authorized by law. We also receive "emergency requests" from law enforcement, in which a law enforcement officer certifies that there is an emergency involving the danger of death or serious physical injury that requires disclosure without delay; we fulfill these requests pursuant to a process and as authorized by law. As you noted with regard to law enforcement's investigation of the Boston Marathon bombings, mobile phone information has become a uniquely important tool for law enforcement to protect citizens and bring wrongdoers to justice. Given the central role mobile devices play in our society and that there are more mobile devices than people in the United States, it comes as no surprise that wireless carriers receive from law enforcement a significant number of demands for customer data. In fact, the industry as a whole has in recent years experienced a substantial increase in these demands: the number of requests to Verizon Wireless has approximately doubled in the last five years, a trend that appears to be consistent with the industry in general. We provide answers to your specific questions below.

1.

In 2012, how many total requests did your company receive from law enforcement to provide information about your customers' phone usage?

In 2012, Verizon Wireless received approximately 270,000 requests for information from law enforcement in criminal cases.
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a. Within that total, please list the amount of requests your company received for each type of usage, including but not limited to the following: 1) Geolocation of device (please distinguish between historical and real-time); 2) Call detail records (i.e., pen register and trap and trace); 3) Text message content; 4) voicemail; 5) Cell tower dumps; 6) Wiretapping; 7) Subscriber information; 8) Data requests (e.g., Information on URLs visited).
Historical Call Detail Information and Subscriber Information: In 2012, Verizon Wireless received approximately 135,000 subpoenas from law enforcement. As you are aware, the information that law enforcement may obtain through a subpoena is limited to specific categories, generally basic subscriber information or historical call detail records - the information traditionally disclosed on a customer' s bill. See 18 U.S.C. 2703(c)(2)(A-F). Last year we also received approximately 40,000 court orders that required us to release the same categories of information that can be obtained through a subpoena. Verizon Wireless does not track how many subpoenas were received for information in a specific category, although more subpoenas sought subscriber information than historical call detail information. (A typical subpoena for subscriber information simply seeks the name and address associated with a specific mobile device number.) Location Information and "Cell Tower Dumps" : Unless a customer consents to the release of the information or law enforcement certifies that there is an emergency involving danger of death or serious physical injury, Verizon Wireless does not release location information to law enforcement without a signed warrant or order from a judge. In 2012, we received approximately 30,000 warrants or orders for location information. About eight percent of those legal demands were for "cell tower dumps." Verizon Wireless does not provide "real-time" location information to law enforcement. Nor do we track a device by "pinging" it real-time for law enforcement. Text Message Content: We received approximately 12,000 demands for stored text message content. It is our practice to require a probable cause warrant signed by a judge to release stored text message content, unless a customer consents to the release of his or her stored text messages or law enforcement certifies that there is an emergency involving danger of death or serious physical injury. Wiretaps, Pen Registers and Trap and Traces: In 2012, Verizon Wireless received approximately 1,000 court orders to assist with wiretaps. We also received approximately 5,000 court orders to assist with pen registers and traps and traces last year. Data: In 2012, we received approximately 6,000 legal demands for "data," such as orders or subpoenas to link the IP address used by a customer at a specific time with his or her name. Voicemails: We received approximately 70 warrants or court orders in 2012 regarding voicemails.
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b. Within that total, how many of the requests were made in emergency circumstances, and how many were in non-emergency situations?
In 2012, of the approximately 270,000 total requests to Verizon Wireless from law enforcement, approximately 30,000 were emergency requests. Under Verizon Wireless ' established process, to request data in an emergency, a law enforcement officer must certify in writing that pursuant to federal law there was an emergency involving the danger of death or serious physical injury that required disclosure without delay. Based on such a certification, we respond to these requests according to our processes and as authorized by law. These emergency requests are made in response to life threatening emergency situations such as active violent crimes, bomb threats, hostage situations, kidnappings, and fugitive scenarios. In addition, many emergency requests are in search and rescue settings or otherwise hope to locate a missing child or elderly person.

c.

Within that total, how many of the requests did your company fulfill and how many did it deny? /fit denied any requests,for what reasons did it issue those denials?

V erizon Wireless does not track the number of law enforcement requests to which information is or is not provided. We do not provide some or all of the information sought by many requests. We will not release information ifthe legal process faciall y fails to comply with the law (e.g., if the legal process is not signed or a subpoena is used when different legal process is required). Moreover, in many instances, law enforcement seeks information that Verizon Wireless does not have or no longer retains.
d.

Within that total, please breakdown how many of the requests were made by Federal authorities, how many by the state authorities, and how many by local authorities.

Verizon Wireless does not track how many demands are from Federal, state or local authorities.

2. For each type of usage in 1 (a), how long does your company retain the records?
In general, we retain these records for one year, although subscriber information and customer bills are retained for longer periods and text message content has generally been retained for less than a week.

3. What is the average amount of time law enforcement requests for one cell tower dump (e.g., one hour, 90 minutes, two hours, etc.)? For each hour of a cell tower dump that your company provides, on average, how many mobile device numbers are turned over to law enforcement?
Verizon Wireless does not track the periods of time covered by law enforcement demands for cell tower dumps. These tower dumps generally identify the mobile devices that communicated with one or more specific cell towers during the requested time period. Except for an emergency

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involving danger of death or serious physical injury, we do not release this type of information without a warrant or order signed by a judge. Although we do not specifically track the details of each tower request, our experience is that we typically receive requests for less than 30 minutes (e.g. , where law enforcement is already able to pinpoint the time of a crime). But we also receive requests covering more than an hour (e.g. , where there has been a crime spree). When we receive a demand for a longer period, cognizant that the cell tower dump will contain many mobile device numbers, we will often ask law enforcement to narrow the scope of the time period or accept reports run for shorter, incremental periods, even if the longer time period was approved by a judge. The number of mobile device numbers per cell tower dump depends on many factors including the location of the tower and the time day. A major event (like the Boston Marathon) may lead to a substantial increase in the number of mobile device numbers communicating with a tower at a given time.

4. In 2012, how many requests did your company receive under Section 215 ofthe Patriot Act?
The law and specific orders preclude us from providing this information. Each year, however, the Attorney General must report to Congress the total number of applications made and orders granted by the FISA court compelling the production of tangible things under section 1861. See 50 U.S.C. 1862.
5.

What protocol or procedure does your company employ when receiving these requests?

V erizon Wireless has a dedicated team that reviews every request from law enforcement and does not release customer information unless authorized by law. We have a group that reviews only subpoenas and a group that specializes in responding to warrants and orders. As part of our review, we will consider the specific form of legal process at issue, the requirements therein, and the information sought. We will not release information ifthe legal process facially fails to comply with the law (e.g. , is not signed or a subpoena is used when different legal process is required). In many instances, law enforcement seeks information that Verizon Wireless does not have or no longer retains.

a. What legal standards do you require law enforcement to meet for each type of usage in 1(a)?
See answers to questions l(a) and (b) above.

b. Does your company distinguish between emergency cell phone tracking requests from law enforcement and non-emergency tracking request? If yes, what are the distinctions?
Yes. A non-emergency request for location information must be accompanied by a warrant or an order. Consistent with federal law (e.g. , 18 U.S.C. 2702(c)(4)), Verizon Wireless will release information regarding the location of a device without a warrant or order in an emergency involving danger of death or serious physical injury.
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c. Have any of these practices changed since your May 2012 correspondence?
No.

6. Did your company encounter misuse of cell phone tracking by police departments during 2012? If yes, in what ways has tracking been misused? And ifyes, how has your company responded?
Verizon Wireless is unaware of any misuse of cell phone tracking by police departments.

7. Does your company have knowledge of law enforcement authorities that use their own tracking equipment (e.g., Stingray phone trackers)? Ifyes, please explain. Does your company cooperate with law enforcement that uses its own tracking equipment? If yes, how?
Verizon Wireless is aware that law enforcement authorities may use their own tracking equipment. We only release location information in response to a warrant, court order or an emergency involving danger of death or serious physical injury.

8. 1n 2012, did your company receive money or other forms of compensation in exchange for providing information to law enforcement? If yes, how much money has your company received? And ifyes, how much does your company typically charge for specific services (please refer to the list in 1 (a) above)?
Federal law authorizes carriers to charge a "reimbursement" fee for responding to legal demands for records (see 18 U.S.C . 2706(a)) or to recoup "reasonable expenses" in complying with a wiretap order or a pen register or trap and trace order (see 18 U.S.C. 2518(4), 3124(c)). In the majority of instances, however, Verizon Wireless does not seek reimbursement for responding to law enforcement requests. We do not charge for responding to subpoenas or emergency situations. When we do charge for complying with demands from law enforcement, our fees are permitted by law or court order and seek to recoup only some of our costs. In the past few years, we have charged only to retrieve text message content or for the services we provide in response to wiretap orders, pen register orders or trap and trace orders. We charge $50 to retrieve up to five days of stored text message content. For a wiretap order we charge $775 (or cap our charge at $1,825 if multiple switches are involved) for a new 30 day order and pro-rate the charges for orders that last fewer than 30 days. There is an additional monthly charge of $500 (or $1 ,250 if multiple switches are involved) when we receive an order to renew a wiretap. For a pen register or trap and trace order, we charge approximately $4 70 (or cap our charge at $1 ,100 if multiple switches are involved) for a new 30 day order and, again, pro-rate the charges for orders that last fewer than 30 days. There is an additional monthly charge of $300 (or $750 if multiple switches are involved) when we receive an order to renew a pen register or trap and trace. We collected

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less than $5 million in 2012 from complying with the many court orders or warrants we receive for wiretaps, pen registers, traps and traces and text message content.

a. Does your company charge different amounts depending upon whether the request is for emergency or non-emergency purposes? Does your company charge fees for emergency cell phone tracking requests from police departments?
V erizon Wireless does not seek reimbursement when we provide information to law enforcement . . m emergencies.

b.

Please include any written schedule offees that your company charges law enforcement for these services.

The last fee schedule we created was in August 2009; we have not updated it to reflect our new practices and have not distributed it for some time. Our current fees are stated in the response to question 8.

Sincerely,

William B. Petersen

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601 Pennsylvania Ave., NW North Building, Suite 800 Washington, DC 20004

October 4, 2013

The Honorable Edward J. Markey United States Senate 218 Russell Senate Office Building Washington DC 20510-2107 Dear Senator Markey: We write in reply to your letter of September 12, 2013, regarding law enforcement practices with respect to mobile phones. As you know, what was T-Mobile USA, Inc. in 2012 merged with Metro PCS Communications, Inc. on May 1, 2013, forming T-Mobile US, Inc. (hereinafter, TMUS). The combined company continues to operate TMobile and MetroPCS as separate brands but we are migrating to a common network infrastructure with common support functions. As a result, this response is for the combined company. TMUS provides customer information to law enforcement agencies only where legally permitted or required to do so. TMUS maintains a dedicated law enforcement relations team (referred to as LER) which handles lawful requests from law enforcement and other governmental agencies and the courts for customer information. This team is trained in legal requirements and follows strict internal policies and procedures. LER works closely with our Chief Privacy Officer and reports into the VP of Legal Affairs and Compliance in the Legal Department. We require law enforcement agencies to follow established legal processes when they make a request for customer information. We examine each such request to ensure it meets legal requirements. We seek clarification if a request appears overbroad, unauthorized or omits important details. If a request is beyond the scope of the law, requests information outside of the companys control, is facially defective or o therwise has a legal impairment it is rejected. We would note that when a lawful request for customer information is presented to us we are obliged to comply.

As permitted by law, we seek to recover our costs incurred in responding to lawful requests. We do not, however, market services to law enforcement. In response to your specific questions, please find our answers below: 1. In 2012, how many total requests did your company receive from law enforcement to provide information about your customers' phone usage? In 2012, TMUS received 297,350 requests for customer phone usage information. a. Within that total, please list the amount of requests your company received for each type of usage, including but not limited to the following: 1) Geo-location of device (please distinguish between historical and real-time); 2) Call detail records (i .e., pen register and trap and trace); 3) Text message content; 4) Voicemail; 5) Cell Tower dumps; 6) Wiretapping; 7) Subscriber information; 8) Data requests (e.g. , Information on URLs visited). While TMUS maintains records on each individual request, TMUS currently does not track requests according to all the categories listed above. TMUS received approximately 3000 wiretap requests. b. Within that total, how many of the requests were made in emergency circumstances, and how many were in non-emergency situations? Approximately 29% of responses were for declared emergency circumstances or inquiries from public safety answering points (PSAPs). c. Within that total, how many of the requests did your company fulfill and how many did it deny? If it denied any requests, for what reasons did it issue those denials? While TMUS maintains records on each individual request and whether it has been fulfilled or denied, TMUS currently does not track the information requested above. Requests may be denied in whole or in part, or denied and resubmitted if the defect has been remedied. d. Within that total, please breakdown how many of the requests were made by Federal authorities, how many by state authorities, and how many by local authorities. While TMUS maintains records on each individual request and requestor, TMUS currently does not track the information requested above. 2. For each type of usage in 1(a), how long does your company retain the records?

While there are minor variations based upon internal circumstances (such as type of account, exact type of information, etc.) which may alter the information below, TMUS generally retains customer information for the following time periods. Information Type Geo-location Historic Cell Site Information Call Detail Records Text Message Content Voicemail Content Cell Tower Dump Information Voice Content Subscriber Information Data requests (e.g. , Information on URLs visited) LEGACY COMPANY T-Mobile Metro PCS Not stored Not stored 180 Days 180 Days Up to 7-10 years Not stored Up to 21 Days 180 Days Not stored 6 years from account close1 Not stored 2 years 60 Days Up to 7 Days (on handset only) 180 Days Not stored 6 years from account close2 Not stored

3. What is the average amount of time law enforcement requests for one cell tower dump (e.g., one hour, 90 minutes, two hours, etc.)? For each hour of a cell tower dump that your company provides, on average how many mobile device numbers are turned over to law enforcement? While TMUS maintains records on each individual request, TMUS currently does not track the information above. Cell phone tower usage (and thus the number of customer devices utilizing a specific tower across any given time period) varies greatly depending on location, time of day and other factors. 4. In 2012, how many requests did your company receive under Section 215 of the Patriot Act? TMUS understands that the Department of Justice considers whether or not a provider receives any request under the Foreign Intelligence Surveillance Act to be classified, as well as the total number of such requests, if any. Accordingly, TMUS can neither confirm nor deny that it receives such requests.

1 2

Or longer period if T-Mobile needs such information for business, legal, or tax purposes. Ibid.

5. What protocol or procedure does your company employ when receiving these requests? TMUS cannot confirm whether it receives such requests as noted in the previous answer. As a general principle in regard to any legal process, Requests are reviewed to determine that they are valid on their face (for example, the request contains the appropriate signatures and the issuing body has the authority to make the request). Applying applicable state and Federal law, a determination is made whether the proper legal process (subpoena, court order, warrant) has been used based upon the type of information requested. The LER team will also determine that the demand is not beyond the scope of the law, is sufficiently specific and that it clearly describes the specific subscriber whose information is sought. a. What legal standard do you require law enforcement to meet for each type of usage in 1(a)? The legal authority required may vary upon certain specific circumstances, case law and the jurisdiction. Based on our understanding of the applicable legal authority, generally, TMUS requires the following: Information Type Prospective Location Historic Cell Site Information Historic Call Detail Records Real-time Call Detail Records Text Message Content Voicemail Content Cell Tower Dump Information Real-time Voice Content Subscriber Information Data requests (e.g. , Information on URLs visited) Required Authority Warrant Court Order Subpoena Court Order Warrant Warrant Warrant Warrant Subpoena Warrant

b. Does your company distinguish between emergency cell phone tracking requests from law enforcement and non-emergency tracking requests? If yes, what are the distinctions? We do distinguish between emergency requests and non-emergency requests. The distinction we apply is based on federal law. The Electronic 4

Communications Privacy Act or ECPA allows for disclosure of communications content or information pertaining to a subscriber if we believe in good faith that an emergency involving danger of death or serious physical injury to any person requires disclosure of the information without delay.3 TMUS requires law enforcement to make a written request describing the emergency and answer certain specific authenticating questions. Also, under federal law governing Customer Proprietary Network Information (CPNI), we are authorized to provide CPNI including call location information to law enforcement in order to respond to a users call for emergency services.4 c. Have any of these practices changed since your May 2012 correspondence? No. 6. Did your company encounter misuse of cell phone tracking by police departments during 2012? If yes, in what ways has tracking been misused? And if yes, how has your company responded? We are not aware of any such misuse. 7. Does your company have knowledge of law enforcement authorities that use their own tracking equipment (e.g., Stingray phone trackers)? If yes, please explain. Does your company cooperate with law enforcement that uses its own tracking equipment? If yes, how? Other than what has been publicly reported about law enforcements tracking equipment, we are not aware of the tracking equipment that law enforcement authorities may use and we are not aware that that any law enforcement authority has asked TMUS for assistance with their own tracking equipment. Any requests for assistance would be handled pursuant to legal requirements and we would require a proper showing of sufficient legal authority before providing such assistance. 8. In 2012, did your company receive money or other forms of compensation in exchange for providing information to law enforcement? If yes, how much money did your company receive? And if yes, how much does your company typically charge for specific services (please refer to the list in 1(a) above)? Federal law provides that carriers are entitled to be compensated for the reasonable costs of providing technical assistance for lawful surveillance
3

18 U.S.C. 2702(b)(6)(c), as amended (communications content; 18 USC 2702(c)(4) (customer records or content pertaining to a subscriber). 4 47 USC 222 (d)(4)(A).

activities, and for costs incurred in providing stored electronic communications or backup copies to the government.5 In addition, we may also assess certain other charges in connection with responding to lawful requests. See attached fee schedule. In 2012, T-Mobile USA collected approximately eleven million for providing LER services to law enforcement agencies. a. Does your company charge different amounts depending upon whether the request is for emergency or non-emergency purposes? Does your company charge fees for emergency cell phone tracking requests from police departments? Generally, TMUS does not charge law enforcement agencies for the costs incurred in responding to exigent requests (emergencies) such as kidnappings, imminent terrorist acts, specific threats to law enforcement agents and other crimes which may fall under 18 U.S.C. 2702. However, that depends on the type of production or service required and the volume of the production. 18 USC 2706 precludes us from cost recovery for producing toll records and subscriber information except in cases of undue burden. b. Please include any written schedule of any fees that your company charges law enforcement for these services. Please see attachments. Separate price sheets have been provided for the two separate business units. The T-Mobile USA price list is a combination of price sheets used for different request types. Respectfully Submitted,

Tony Russo Vice President, Federal Legislative Affairs

See 18 U.S.C. 2518(4) (wiretaps); 18 U.S.C. 3124 (c) (pen register, trap and trace); 18 U.S.C. 2706(a) (stored electronic communications).

Law Enforcement Relations

Combined Price Sheet (excluding Metro PCS)

Fee Schedule for Real-Time Surveillance and Location Information

Telecommunications carriers are entitled, under federal and state statutes, to be compensated for reasonable expenses incurred in providing the information, facilities and technical assistance necessary for pen register and lawful intercept activities. T-Mobile USAs fee schedule reflects the cost of back-office infrastructure, personnel and other costs incurred in providing such services pursuant to court order. Fees for Pen Register/Trap and Trace Orders (call associated data only) and Wire-Communications or Electronic Communications Intercept Orders (call associated data and call content) A flat Provisioning fee of $500.00 per target number/per intercept type (i.e. circuit-switched/telephony or packet-data communications) applies to each International Mobile Subscriber Identity (IMSI) number targeted in a PR/TT/WireCommunications Intercept Order. A pro-rated fee for each initial order (i.e. 30 day initial order for T-III/T50, 60 days initial order for PR/TT) is as follows: Pen Register: $20.00 per day/per target/per intercept type Pen Register with cell site (18 USC, 2703d): $25.00 per day/per target/per intercept type T-III/T-50 (includes PR/TT): $40.00 per day/per target/per intercept type Pen Register/Intercept Orders - Additional Charges Should the order involve additional technology types (for instance, packet data information), an additional flat fee of $250.00 per target number will be incurred. Re-initiations of intercepts for orders that have expired are treated as new intercepts. Packet Data interceptions are treated as an additional interception and are charged in addition to Voice/SMS intercepts. Costs associated with any temporary or permanent leased circuits (i.e. ISDN, T1, etc.), ancillary equipment (i.e. routers) and/or software application(s) are the sole responsibility of the law enforcement agency administering the court-authorized activity. T-Mobile USA currently provides secure VPN connection at no cost.

Voice Mail Content Retrieval The preferred method of production is a copy of all historic content responsive to your request. A flat fee of $150.00 per voice mailbox applies to the cloning of a subscribers voice mail services. The flat fee applies to each period of ninety (90) days or part thereof. WebMap Location Tool charges $100.00 per day per MSISDN. Only Government E-Mail addresses will be accepted for response (up to five addresses). Repeat notifications are set to every 15 minutes by default. Charges may be waived for certain authenticated emergency situations (pursuant to 18 U.S.C. 2518, 2701, 2702, 3125 and any other applicable Federal or State statute). Cell Tower Searches $100.00 per cell site per day to provide a list of mobile numbers only. $150.00 per cell site per day to provide a list of mobile numbers and corresponding subscriber information. Requests for less than 24 hours but include contiguous time frames that cross over two dates (such as 11:00 pm 1:00 am) will only be counted as one date.

*Fee Schedule Subject to Change Without Notice

Fee Authorization for Expedited Service

Law Enforcement Relations

Combined Price Sheet (excluding Metro PCS) T-Mobile USAs Law Enforcement Relations (LER) receives thousands of requests for customer information each year. The only fair method for production is to respond in the order received. We recognize that on occasion, however, our requestors need expedited processing in non-emergency situations. Working requests out of order generally leads to duplication of work, additional delays for some requests and more phone calls due to those delays. All of this involves significant cost and risk to T-Mobile. To meet the needs of our requestors, we offer paid expedited service. The turnaround time for most expedited responses is one (1) business day or less after receiving payment and the legal demand. This is a premium service and not subject to the confines of 18 USC 2706 as we are not charging for the records but for the premium expedited service. T-Mobile will only release expedited records upon payment in full for the service. We will verify the existence of records prior to any charges being incurred. T-Mobile reserves the right to refuse expedited service and change any and all policies or prices regarding such service. ERT Requests are all or nothing requests. This means that if a legal demand requests more information than the party seeking the expedite desires, s/he must submit a new legal demand limiting their request or accept the expedited portion as a full response to the original legal demand. A request for limited production must be made explicitly and in writing. We will not process civil case expedites. We will process criminal defense expedites but NOT in California. Please call LER between 10:00am and 4:00pm ET for more details. $50 minimum charge. $50 per number charge on CDR requests (past 30 days). Additional Charges: $15 for each additional billing cycle (bills pdf format) or month (xls format; available for up to 90 days) following the most recent 30 days of records T-Mobile will only expedite a maximum of 6 months of records per expedited request. If your require more than 6 months of records you must submit (an) additional(s) legal demands to support the full time frame, and will be charged separately for each request. For Subscriber Info only requests: $50 Fee (allows for production of 1 number). $10 for each additional number. Cell site records with CDR: $10 extra per number per month (xls format; available for up to 90 days) over normal CDR pricing. Cell tower dumps: Standard fee is $100/hr plus $50 expedite (minimum charge of $150). If subscriber info is requested on all numbers, the charge will be $150/hr plus $50 expedite plus $50 for every ten subs (minimum charge of $250). Criminal Defense expedites will be charged per the normal cost structure plus the $50 expedite fee. Any fees that would normally be charged in the normal course of business will have to be prepaid upfront and are in addition to the expedite fee of $50.

Law Enforcement Relations

Combined Price Sheet (excluding Metro PCS)

Fee Authorization for Burdensome or Unusually Burdensome Requests

PLEASE TAKE NOTICE THAT TMOBILE IS IN RECEIPT OF YOUR SUBPOENA AND PROVIDES THE FOLLOWING RESPONSE: GENERALLY, TMOBILE DOES NOT CHARGE FOR RECORDS RELATED TO A REQUEST MADE PURSUANT TO 18 USC 2703(c)(2) OR EQUIVALENT STATE STATUTE. HOWEVER, 18 USC 2706(c) ALLOWS CARRIERS TO RECOVER COSTS IN CASES DEEMED TO BE UNDULY BURDENSOME. THE AVERAGE REQUEST RECEIVED BY TMOBILE REQUESTS APPROXIMATELY 55 DAYS OF RECORDS (WITH A MEDIAN NUMBER OF 31). YOUR SUBPOENA (ATTACHED) REQUESTS CALL DETAIL RECORDS FOR THE PERIOD OF ______ THROUGH _______. THIS WOULD RESULT IN ____ MONTHS OF RECORDS. THE COMPILATION OF SUCH RECORDS INVOLVES MORE THAN ACCESSING MAINTAINED RECORDS. SIGNIFICANT COMPILATION AND ANALYSIS IS NECESSARY IN ORDER TO FULFILL SUCH A LARGE REQUEST. MULTIPLE SYSTEMS MAY NEED TO BE ACCESSED THEN ANALYZED FOR COMPLETENESS AND COMPILED TO MAKE IT COHERENT FOR AN EXTERNAL REQUESTOR. MULTIPLIED BY THE NUMBER OF SUBSCRIBERS, YOUR REQUEST INVOLVES ___32___ MONTHS OF RECORDS. DUE TO THE VOLUMINOUS NATURE OF YOUR REQUEST, TMOBILE WILL REQUIRE ADDITIONAL TIME TO RESPOND WITH CALL DETAIL RECORDS (ANY SUBSCRIBER INFORMATION IS INCLUDED WITH THIS LETTER NOTWITHSTANDING AND WITHOUT WAIVING ANY OBJECTION). ADDITIONALLY, TMOBILE SEEKS RECOVERY OF COSTS. $25 per number charge on CDR requests (the past 30 days). $15 for each additional billing cycle (bills pdf format) or month (.xls format; available for up to 90 days) following the most recent 30 days of records. Cell site records with CDR: $10 extra per number per month (xls format; available for up to 90 days) over normal CDR pricing. Cell tower dumps: Standard fee is $100/hr. If subscriber info is requested on all numbers, the charge will be $150/hr plus $50 for every ten subs (minimum charge of $200).

TOTAL CHARGES FOR COMPLIANCE WITH THIS SUBPOENA WILL BE $_______. PLEASE CHECK ONE OF THE OPTIONS BELOW, SIGN AND FAX TO OUR OFFICE AT (973) 2928697. THANK YOU FOR YOUR COOPERATION. ___ PLEASE COMPLY WITH THE SUBPOENA AS IT WAS ISSUED. I AUTHORIZE ALL CHARGES AND ACKNOWLEDGE THAT COMPLIANCE TIME WILL BE EXTENDED DUE TO THE VOLUMINOUS AND BURDENSOME NATURE. ___ PLEASE COMPLY WITH THE SUBPOENA, AMENDING THE REQUESTED DATE RANGE FOR CALL DETAIL RECORDS TO THE FOLLOWING: ______________. I AUTHORIZE THE AMENDED CHARGES AS OUTLINED ABOVE. ___ PLEASE DISREGARD THE SUBPOENA, AS I DO NOT AUTHORIZE ANY CHARGES.

MetroPCS Subpoena Compliance

Law Enforcement Agencies/Attorneys: Welcome to MetroPCS! Please read the updated information. Thank you! What is Needed from Law Enforcement/Attorneys to Process Requests The following information will assist our team of analysts to process your records: Please include the requesting agents first and last name, phone number, fax number, email and mailing address with each request. Email is our preferred method of returning records. Please include specific agency billing instructions. Please use 1-800-571-1265 when calling the Compliance Department. Please listen to the options and choose appropriately. For general questions and status checks, please use our leaquestions@metropcs.com email. Be prepared with the tracking number, target number, or invoicing number if calling or emailing for information.

How to Contact MetroPCS

Phone 24x7: (800) 571-1265 Office Hours: 8:00-5:00 CST Please listen to the options and choose appropriately.
Mailing address: MetroPCS Subpoena Compliance 2250 Lakeside Blvd. Richardson, TX 75082 To fax subpoenas/court orders: 972-860-2635 To E-mail subpoenas/court orders: subpoenas@metropcs.com For questions and status checks: leaquestions@metropcs.com For pen/wire issues or questions: esu@metropcs.com For invoicing issues or questions: leainvoicing@metropcs.com

All requests received by fax or email will generate an automatic receipt when accepted into the system. The records will be returned via email, fax, or mail. Email is the fastest method of receiving results. What is Available The following cites what information is available, specific documentation required, and the associated reasonable and customary fees.

Subscriber: Subscriber information may be obtained with a subpoena. Current subscriber data is provided unless a specific time frame is requested. Call Detail Records: Call detail records are retained approximately 6 months from the current date after which they are overwritten and cannot be recovered. Call detail records may be obtained with a subpoena. Call detail records with cell sites require a court order or a search warrant. Since subscribers change often, it is advised to narrow the timeframe to the time of the event. $50 per number for call detail records for more than 30 days Text messages: Text messages are stored for approximately 60 days and require a court order, search warrant, or grand jury subpoena. $50 per number for text messages with content or without content for any date range Voicemail Password Reset: Voicemail is stored on the server for 7 days unless the subscriber saves the message. Once the message is deleted, it is permanently deleted and cannot be restored. A court order or search warrant is required in order for the voicemail to be reset. $50 per number for a voicemail password reset Calls to Destination Search: Requires a court order or a search warrant. $50 per number for calls to destination search Cell Tower/Area Dumps: Requires a court order or a search warrant. $50 for a Cell Tower Dump per tower number for a 2 hour period $100 for an Area Dump (if you know the location but do not know the cell towers that affect the area) for a maximum of 2 cell towers for a 2 hour period per cell tower search Pen Registers: Requires a court order. $200 set-up fee and $20 per day maintenance with a minimum fee of $500 Wire Taps: Requires a court order. $400 set-up fee and $40 per day maintenance

What is not Available The following information is not available: Subscriber information based on an IP Address Picture messages or Multi-Media Messages (MMS) Caller ID blocked from Non-MetroPCS customers GPS, pinging or triangulation
Rev. 6-26-2012 dml

Electronic Surveillance Fee Schedule

Type of Request - Pen Register Trap & Trace (PRTT) - Wiretaps Note: A PRTT is a single data channel. A wiretap is a single data & content channel. Fee 1) Implementation fee per each voice or Push-to-Talk (PTT) intercept: - $342.11 2) Daily maintenance per each voice or PTT intercept: - $10 (this includes 2nd set of IDs & PWs) NOTE: Other technologies like femtocell, 3G, 4G, or text messaging are included in above rate unless provisioned without voice or PTT Applicable implementation fee. Notes - Implementation fee is a flat rate. - Daily maintenance covers all electronic surveillance maintenance on intercepts including upgrades, number changes, extensions, etc. - Exigent intercepts are free of charge until Sprint receives a court order.

Late extension to intercept (LEA sends CALEA request after prior surveillance has expired) Precision Location

Daily maintenance applies.

- Manual requests are $20 for each time we provide location per #. - L-Site is unlimited requests for $30 a month per #. NOTE: No fee in exigent, PSAP, or customer consent situations. $30 per case hour worked. Minimum of 1 hour per case plus $7.50 for each 15 minutes worked. NOTE: No fee in Exigent, PSAP, or customer consent situation. $300 per target account plus any accrued charges on subject account

Provides real-time precise location information on mobile device.

- Electronic Communications in Storage (ECS) - Contemporaneous Billing - Cell site / sector

- Stored Includes text messages, voice mail retrieval, stored photo/video, historical email. - Cell site / sector provide real-time cell site / sector of requested #. LEA takes responsibility for any billed amount on subject account. Keeps account from being suspended for nonpayment. Not always 100% effective & may not be transparent to subject.

Account Takeover

Effect August 1, 2010

October 7, 2013

VIA ELECTRONIC MAIL AND U.S. MAIL The Honorable Edward J. Markey United States Senate 218 Russell Senate Office Building Washington, DC 20510-2742

Dear Senator Markey: In response to your September 12, 2013, letter requesting information regarding how C Spire Wireless processes requests for consumer information from law enforcement agencies, please find our responses to your specific inquiries below. C Spire desires to properly balance the protection of consumers communications information against the needs of law enforcement agencies to prevent and prosecute criminal acts. I am certain that you will find the information below helpful as you continue your efforts to promote policies that advance the interests of wireless consumers. Q1: In 2012, how many total requests did your company receive from law enforcement to provide information about your customers phone usage? RESPONSE: Approximately 2,350. Q1a: Within that total, please list the amount of requests your company received for each type of usage, including but not limited to the following: (1) Geolocation of device (please distinguish between historical and real-time); (2) Call detail records (i.e., pen register and trap and trace); (3) Text message content; (4) Voicemail; (5) Cell tower dumps; (6) Wiretapping (7) Subscriber information; (8) Data requests (e.g., information or URLs visited)? RESPONSE: Because requests received from law enforcement often seek various types of information, C Spire does not attempt to track requests by the specific categories listed. Q1b: Within that total, how many of the requests were made in emergency circumstances, and how many were in non-emergency situations? RESPONSE: Approximately 4% of law enforcement requests received were categorized as exigent when logged. This means that a one-time current location was provided to law enforcement agencies because a 911 call was detected or because the relevant law enforcement agency certified there was an emergency involving immediate danger of death or serious physical injury to any person. Requests for this one-time current

location information are received via an Exigent Circumstances Form or, occasionally, on law enforcement agency letterhead. All non-emergency requests require a court order or warrant before information is provided to a law enforcement agency. Q1c. Within that total, how many of the requests did your company fulfill and how many did it deny? If it denied any requests, for what reasons did it issue those denials?

RESPONSE: C Spire does not attempt to track the number of law enforcement requests denied. However, the company estimates that approximately 15% of all law enforcement requests are denied in whole or in part. Law enforcement requests for consumer information are denied for various reasons. However, the most common basis for a denial is that the given request seeks information that is no longer retained by the company. Other requests are denied for procedural defects. For example, agencies may incorrectly pursue information via subpoena when a court order is required. Additionally, requests are denied due to jurisdictional and facial defects. Q1d. Within that total, please breakdown how many of the requests were made by Federal authorities, how many by state authorities, and how many by local authorities.

RESPONSE: C Spire does not maintain a separate record of the total requests made by federal, state or local authorities. Q2. For each type of usage in 1(a), how long does your company retain the records?

RESPONSE: With regard to the categories of information listed in Question 1(a), C Spires practice is to retain real-time geolocation information for approximately 2-3 days; historical geolocation information for up to 18 months; call detail records for up to 18 months; voicemail for up to 18 days; cell tower dump data for up to 18 months; and basic subscriber records (as specified by 18 USC 2703(c)(2)) on a perpetual basis. All other categories of information listed in 1(a) are neither maintained nor retrievable by the company. Q3. What is the average amount of time law enforcement requests for one cell tower dump (e.g., one hour, 90 minutes, two hours, etc.)? For each hour of a cell tower dump that your company provides, on average how many mobile device numbers are turned over to law enforcement?

RESPONSE: On average, law enforcement seeks approximately 2 hours of cell tower dump data per request. Records are not maintained regarding how many mobile device numbers are turned over to law enforcement for each hour of cell tower dump data provided. Q4. In 2012, how many requests did your company receive under Section 215 of the Patriot Act?

RESPONSE: Title 50 USC 1861(d) generally prohibits recipients of Federal Bureau of Investigation requests for foreign intelligence information (made pursuant to Section 215 of the Patriot Act) from disclosing to third parties whether such requests have been made. The precise extent of this disclosure prohibition is currently being litigated before the Foreign Intelligence Surveillance Court. Until this legal question is resolved by the courts or Congress, C Spire is not able to disclose the exact number, if any, of this unique type of request the company may have received. To the extent requests of this type were received by C Spire in 2012, they would be counted among the aggregate total provided in response to Question 1.

Q5.

What protocol or procedure does your company employ when receiving these requests?

RESPONSE: All requests from law enforcement agencies seeking customer information are submitted to our Subpoena Compliance Department, where the requests are logged and reviewed by an attorney. The assigned attorney then evaluates the validity of the request and prepares an appropriate written response to the relevant law enforcement agency. Q5a. What legal standard do you require law enforcement to meet for each type of usage in 1(a)?

RESPONSE: The legal standard required for each of the listed types of information requested by law enforcement is controlled by federal statute. Specifically, requests for call detail records must comply with the procedures and legal standards required by 18 USC 3121-3127; wiretap requests must comply with the procedures and standards established in 18 USC 2510-2521; and requests for other types of stored wire and electronic communications must comply with the procedures and standards prescribed by 18 USC 2701-2712. Q5b. Does your company distinguish between emergency cell phone tracking requests from law enforcement and non-emergency tracking requests? If yes, what are the distinctions?

RESPONSE: Yes. A one-time current location can be provided to law enforcement agencies if we detect a 911 call or because the relevant law enforcement agency certifies that there is an emergency involving immediate danger of death or serious bodily injury to any person. Requests for this one-time current location information are received via an Exigent Circumstances Form or, occasionally, on law enforcement agency letterhead. All other requests require a court order or warrant before information is provided. For nonemergency requests, a court order or warrant is required before any tracking data is provided. Q5c. Have any of these practices changed since your May 2012 correspondence?

RESPONSE: No. Q6. Did your company encounter misuse of cell phone tracking by police departments during 2012? If yes, in what ways has tracking been misused? And if yes, how has your company responded?

RESPONSE: No. Q7. Does your company have knowledge of law enforcement authorities that use their own tracking equipment (e.g., Stingray phone trackers)? If yes, please explain. Does your company cooperate with law enforcement that uses its own tracking equipment? If yes, how?

RESPONSE: Yes. C Spire is aware that several federal law enforcement agencies and at least one municipal police department have access to their own tracking equipment. When the information is lawfully requested, the company cooperates with law enforcement to provide the administrative and mapping data necessary to support the given agencys tracking equipment.

Q8.

In 2012, did your company receive money or other forms of compensation in exchange for providing information to law enforcement? If yes, how much money did your company receive? And if yes, how much does your company typically charge for specific services (please refer to the list in 1(a) above)?

RESPONSE: Yes. Consistent with 18 U.S.C. 2518(4), 2706(c), and 3124(c), C Spire charges law enforcement agencies an administrative fee for responding to certain types of requests. In 2012, fees collected from law enforcement agencies related to approximately 2,350 requests for information totaled less than $55,000. A copy of the company's fee schedule is attached. Q8a. Does your company charge different amounts depending upon whether the request is for emergency or non-emergency purposes? Does your company charge fees for emergency cell phone tracking request from police departments?

RESPONSE: No. Q8b. Please include any written schedule of any fees that your company charges law enforcement for these services.

RESPONSE: Attached.

Sincerely,

Benjamin M. Moncrief Director, Government Relations C Spire Wireless

Fee Schedule* Type of Request Processing Fee (for all subpoenas and court orders) Call Detail Subscriber Information Electronic Surveillance - new order Electronic Surveillance - renewal order Fee $30.00 $15.00 up to 1 month; $10 each additional month $5 per number $200.00 initial set up, $15.00 daily

$15.00 daily ( if the initial order has expired before the renewal order is received, it is billed as a new order) * Fee Schedule effective as of October 1, 2002. Rates are subject to change.