AT&T/Verizon/T-Mobile/Sprint/Cricket/US Cellular/C Spire Responses to Sen. Markey Re: Law...

8/13/2019 AT&T/Verizon/T-Mobile/Sprint/Cricket/US Cellular/C Spire Responses to Sen. Markey Re: Law Enforcement Requests

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William B. PetersenGeneral Counsel

October 3, 2013

The Honorable Edward J Marke yUnited States SenateRussell Building , Suite SR-218Washington , D 20510

Dear Senator Markey:

v r onwir l ss

Verizon irelessOne Verizon WayVC43E024Basking Ridge N 07920-1097

Phone 908 559-5695Fax 908 559-7397william .petersen@verizonwireless .com

I am writing in response to your September 12 , 2013 letter to Lowell C . Mc A dam , President andChiefExecutive 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 o f V erizon Wireless ' highest priorities. Yet , as yourletter indicates , Verizon Wireless has a legal obligation to provide customer information to lawenforcement in many situations. Law enforcement demands for customer information aretypically accompanied by a warrant , a court order , or a subpoena. Verizon Wireless carefullyreviews each o f these legal demands and has in place a process to ensure that we fulfill our legalobligations to provide information only when authorized by law. We also rece ive emergenc yrequests from law enforcement , in which a law enforcement officer certifies that there is anemergency involving the danger of death or serious physical injury that requires disclosurewithout delay; we fulfill these requests pursuant to a process and as authorized by law.

As you noted with regard to law enforcement 's investigation o f the Boston Marathon bombings ,mobile phone information has become a uniquely important tool for law enforcement to protectcitizens and bring wrongdoers to justice. Given the central role mobile devices play in oursociety and that there are more mobile devices than people in the United States, it comes as nosurprise that wireless carriers receive from law enforcement a significant number of demands forcustomer data. In fact , the industry as a whole has in recent years experienced a substantialincrease in these demands: the number of requests to Verizon Wireless has approximatelydoubled 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 n 2012, how many total requests did your company receive from law enforcement toprovide information about your customers phone usage?

In 2012 , Verizon Wireless received approximately 270 ,000 requests for information from lawenforcement in criminal cases .

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a. Within that total, please list the amount o f requests your company received for eachtype o f usage, including but not limited to the following: 1 Geolocation o f deviceplease distinguish between historical nd real-time); 2 Call detail records i.e.,

pen register nd trap nd trace); 3 Text message content; 4 voicemail; 5 Celltower 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 Wirelessrecei ved approximately 135 ,000 subpoenas from law enforcement. As you are aware , theinformation that law enforcement may obtain through a subpoena is limited to specificcategories , generall y basic subscriber information or historical call detail records - theinformation traditionally disclosed on a customer ' s bill. See 8 U .S.C. 2703(c)(2)(A-F). Lastyear we also recei ved approximatel y 40 ,000 court orders that required us to release the samecategories o information that can be obtained through a subpoena .

Verizon Wireless does not track how many subpoenas were recei ved for information in a specificcategor y , although more subpoenas sought subscriber information than historical call detailinformation. (A typical subpoena for subscriber information simpl y seeks the name and addressassociated with a specific mobile de vice number.)

Location Information and Cell Tower Dumps : Unless a customer consents to the release o theinformation or law enforcement certifies that there is an emergenc y involv ing danger o death orserious physical injury , Verizon Wireless does not release location information to lawenforcement without a signed warrant or order from a judge. In 2012 , we recei vedapproximately 30 ,000 warrants or orders for location information. About eight percent o thoselegal demands were for cell tower dumps.

Verizon Wireless does not provide real-time location information to law enforcement. Nor dowe track a device by pinging it real-time for law enforcement.

Text Message Content: We received approximatel y 2 ,000 demands for stored text messagecontent. t is our practice to require a probable cause warrant signed b y a judge to release storedtext message content , unless a customer consents to the release o his or her stored text messagesor law enforcement certifies that there is an emergency involving danger o death or seriousphysical injury.

Wiretaps, Pen Registers and Trap and Traces: In 2012 , Verizon Wireless recei ved

approximately 1,000 court orders to assist with wiretaps. We also recei ved approximately 5 ,000court 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 orsubpoenas to link the IP address used by a customer at a specific time with his or her name.

Voicemails : We received approximatel y 70 warrants or court orders in 2012 regardingvoicemails.

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b. Within that total, how many of he requests were made in emergencycircumstances, and how many were in non-emergency situations?

In 2012 , of the approximatel y 270 ,000 total requests to Verizon Wireless from law enforcement ,

approximately 30 ,000 were emergenc y requests . U nder Verizon Wireless established process ,to request data in an emergenc y a la w enforcement officer must certi fy in writing that pursuantto federal law there was an emergency in volving the danger of death or serious ph ysical injurythat required disclosure without delay. Based on such a certification , we respond to theserequests according to our processes and as authorized b y law . These emergenc y requests aremade in response to life threatening emergenc y situations such as acti ve violent crimes , bombthreats , hostage situations , kidnappings , and fugiti ve scenarios. In addition , man y emergenc yrequests are in search and rescue settings or otherwise hope to locate a missing child or elderlyperson.

c. Within that total, how many of he requests did your company fulfill and how many

did it deny? f i t 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 isor is not provided. We do not pro vide some or all of the information sought by man y requests.We will not release information i f th legal process faciall y fails to compl y with the law (e .g . ifthe 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 nothave or no longer retains.

d. Within that total, please breakdown how many of he requests were made byFederal 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 customerbills are retained for longer periods and text message content has generally been retained for lessthan a week.

3. What is the average amount o f ime law enforcement requests for one cell tower dump

e.g., one hour, 90 minutes, two hours, etc.)? For each hour o f a cell tower dump thatyour company provides, on average, how many mobile device numbers are turned overto law enforcement?

V erizon Wireless does not track the periods of time covered by law enforcement demands forcell tower dumps. These tower dumps generally identify the mobile de vices that communicatedwith 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 informationwithout a warrant or order signed by a judge .

Although we do not specifically track the details of each tower request , our experience is that wetypically receive requests for less than 30 minutes e .g , where law enforcement is already able to

pinpoint the timeof

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 , cognizantthat the cell tower dump will contain many mobile device numbers , we will often ask lawenforcement to narrow the scope of the time period or accept reports run for shorter , incrementalperiods , even if the longer time period was approved by a judge . The number of mobile devicenumbers per cell tower dump depends on many factors including the location of the tower andthe time day. A major event like the Boston Marathon) may lead to a substantial increase in thenumber of mobile device numbers communicating with a tower at a given time.

4 n 2012, how many requests did your company receive under Section 215 ofthe PatriotAct?

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 ordersgranted by the FISA court compelling the production of tangible things under section 1861. See50 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 anddoes not release customer information unless authorized by law. We have a group that reviewsonly subpoenas and a group that specializes in responding to warrants and orders. As part of ourreview, we will consider the specific form of legal process at issue , the requirements therein , andthe information sought. We will not release information i f th legal process facially fails tocomply with the law e.g. , is not signed or a subpoena is used when different legal process isrequired). In many instances , law enforcement seeks information that Verizon Wireless does nothave or no longer retains.

a What legal standards do you require law enforcement to meet for each type ofusage in 1 a)?

See answers to questions l a) and b) above.

b Does your company distinguish between emergency cell phone tracking requestsfrom law enforcement and non-emergency tracking request? f es, what are thedistinctions?

Yes. A non-emergency request for location information must be accompanied by a warrant or anorder. Consistent with federal law e.g. , 18 U.S.C . 2702 c) 4)) , Verizon Wireless will releaseinformation regarding the location of a device without a warrant or order in an emergencyinvolving danger of death or serious physical injury.

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No.

c. Have any o f hese practices changed since your May 2012 correspondence?

6. Did your company encounter misuse of cell phone tracking by police departmentsduring 2012? f es, in what ways has tracking been misused? nd i f yes, how hasyour company responded?

Verizon Wireless is unaware o f any misuse o f cell phone tracking b y police departments.

7 Does your company have knowledge of aw enforcement authorities that use their owntracking equipment e.g., Stingray phone trackers)? f es, please explain. Does yourcompany cooperate with law enforcement that uses its own tracking equipment? f yes,how?

Verizon Wireless is aware that law enforcement authorities may use their own trackingequipment. We only release location information in response to a warrant, court order or anemergency involving danger of death or serious physical injury.

8. 1n 2012, did your company receive money or other forms of compensation in exchangefor providing information to law enforcement? f es, how much money has yourcompany received? nd i f yes, how much does your company typically charge forspecific 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 (see18

U.S.C . 2706(a)) or to recoup reasonable expenses in complying with awiretap order or a pen register or trap and trace order (see 18 U.S.C. 2518( 4) , 3124( c)) . In themajority o f instances , however , Verizon Wireless does not seek reimbursement for responding tolaw enforcement requests. We do not charge for responding to subpoenas or emergencysituations.

When we do charge for compl ying with demands from law enforcement , our fees are permittedby law or court order and seek to recoup only some of our costs. In the past few years, we havecharged only to retrieve text message content or for the services we provide in response towiretap orders , pen register orders or trap and trace orders . We charge $50 to retrieve up to fivedays of stored text message content. For a wiretap order w charge $775 (or cap our charge at$1,825 i f multiple switches are involved) for a new 30 day order and pro-rate the charges fororders that last fewer than 30 da ys. There is an additional monthly charge o f $500 (or 1 ,250 i fmultiple switches are involved) when we receive an order to renew a wiretap . For a pen registeror trap and trace order , w charge approximately $4 70 (or cap our charge at 1 ,100 i f multipleswitches are involved) for a new 30 day order and , again , pro-rate the charges for orders that lastfewer than 30 days . There is an additional monthl y charge o f $300 (or $750 if multiple switchesare 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 receivefor wiretaps pen registers traps and traces and text message content.

a Does your company charge different amounts depending upon whether therequest is or emergency or non emergency purposes? Does your company

charge fees or emergency cell phone tracking requests rom policedepartments?

V erizon Wireless does not seek reimbursement when we provide informat ion to law enforcementm emergencies.

b Please include any written schedule o ees that your company charges lawenforcement or these services.

The last fee schedule we created was in August 2009 ; we have not updated it to reflect our newpractices 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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1

601 Pennsylvania Ave., NWNorth Building, Suite 800Washington, DC 20004

October 4, 2013

The Honorable Edward J. MarkeyUnited States Senate218 Russell Senate Office BuildingWashington DC 20510-2107

Dear Senator Markey:

We write in reply to your letter of September 12, 2013, regarding law enforcementpractices with respect to mobile phones. As you know, what was T-Mobile USA, Inc. in2012 merged with Metro PCS Communications, Inc. on May 1, 2013, forming T-MobileUS, Inc. (hereinafter, TMUS). The combined company continues to operate T Mobileand MetroPCS as separate brands but we are migrating to a common networkinfrastructure with common support functions. As a result, this response is for thecombined company.

TMUS provides customer information to law enforcement agencies only where legallypermitted or required to do so. TMUS maintains a dedicated law enforcement relationsteam (referred to as LER) wh ich handles lawful requests from law enforcement andother governmental agencies and the courts for customer information. This team istrained in legal requirements and follows strict internal policies and procedures. LERworks closely with our Chief Privacy Officer and reports into the VP of Legal Affairs andCompliance in the Legal Department.

We require law enforcement agencies to follow established legal processes when theymake a request for customer information. We examine each such request to ensure itmeets 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 therwisehas a legal impairment it is rejected. We would note that when a lawful request forcustomer information is presented to us we are obliged to comply.


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As permitted by law, we seek to recover our costs incurred in responding to lawfulrequests. 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 usageinformation.

a. Within that total, please list the amount of requests your company received for eachtype 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., penregister and trap and trace); 3) Text message content; 4) Voicemail; 5) Cell Towerdumps; 6) Wiretapping; 7) Subscriber information; 8) Data requests (e.g. , Informationon URLs visited).

While TMUS maintains records on each individual request, TMUS currently doesnot track requests according to all the categories listed above. TMUS receivedapproximately 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 orinquiries from public safety answering points (PSAPs).

c. Within that total, how many of the requests did your company fulfill and how many didit 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 hasbeen fulfilled or denied, TMUS currently does not track the information requestedabove. Requests may be denied in whole or in part, or denied and resubmittedif 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, TMUScurrently does not track the information requested above.

2. For each type of usage in 1(a), how long does your company retain the records?


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While there are minor variations based upon internal circumstances (such astype of account, exact type of information, etc.) which may alter the informationbelow, TMUS generally retains customer information for the following timeperiods.

LEGACY COMPANYInformation Type T-Mobile Metro PCS

Geo-location Not stored Not storedHistoric Cell SiteInformation

180 Days 180 Days

Call Detail Records Up to 7-10 years 2 yearsText Message Content Not stored 60 DaysVoicemail Content Up to 21 Days Up to 7 Days (on handset

only)Cell Tower DumpInformation

180 Days 180 Days

Voice Content Not stored Not storedSubscriber Information 6 years from account

close 1 6 years from accountclose 2

Data requests (e.g. ,Information on URLsvisited)

Not stored Not stored

3. What is the average amount of time law enforcement requests for one cell towerdump (e.g., one hour, 90 minutes, two hours, etc.)? For each hour of a cell tower dumpthat 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 doesnot track the information above. Cell phone tower usage (and thus the number ofcustomer devices utilizing a specific tower across any given time period) variesgreatly depending on location, time of day and other factors.

4. In 2012, how many requests did your company receive under Section 215 of thePatriot Act?

TMUS understands that the Department of Justice considers whether or not a

provider receives any request under the Foreign Intelligence Surveillance Act tobe 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 Or longer period if T-Mobile needs such information for business, legal, or tax purposes.2 Ibid.


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5. What protocol or procedure does your company employ when receiving theserequests?

TMUS cannot confirm whether it receives such requests as noted in the previousanswer. 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 requestcontains the appropriate signatures and the issuing body has the authority tomake the request). Applying applicable state and Federal law, a determinationis made whether the proper legal process (subpoena, court order, warrant) hasbeen used based upon the type of information requested. The LER team will alsodetermine that the demand is not beyond the scope of the law, is sufficientlyspecific and that it clearly describes the specific subscriber whose information issought.

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, caselaw and the jurisdiction. Based on our understanding of the applicable legalauthority, generally, TMUS requires the following:

Information Type Required AuthorityProspective Location WarrantHistoric Cell SiteInformation

Court Order

Historic Call Detail Records SubpoenaReal-time Call DetailRecords

Court Order

Text Message Content WarrantVoicemail Content WarrantCell Tower DumpInformation

Warrant

Real-time Voice Content WarrantSubscriber Information SubpoenaData requests (e.g. ,Information on URLsvisited)

Warrant

b. Does your company distinguish between emergency cell phone tracking requestsfrom law enforcement and non-emergency tracking requests? If yes, what are thedistinctions?

We do distinguish between emergency requests and non-emergency requests.The distinction we apply is based on federal law. The Electronic


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Communications Privacy Act or ECPA allows for disclosure of communicationscontent or information pertaining to a subscriber if we believe in good faith thatan emergency involving danger of death or serious physical injury to any personrequires disclosure of the information without delay. 3 TMUS requires lawenforcement to make a written request describing the emergency and answercertain specific authenticating questions. Also, under federal law governingCustomer Proprietary Network Information (CPNI), we are authorized to provideCPNI including call location information to law enforcement in order to respond toa 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 yourcompany responded?

We are not aware of any such misuse.

7. Does your company have knowledge of law enforcement authorities that use theirown tracking equipment (e.g., Stingray phone trackers)? If yes, please explain. Doesyour company cooperate with law enforcement that uses its own tracking equipment? Ifyes, how?

Other than what has been publicly reported about law enforcements tracking

equipment, we are not aware of the tracking equipment that law enforcementauthorities may use and we are not aware that that any law enforcementauthority has asked TMUS for assistance with their own tracking equipment. Anyrequests for assistance would be handled pursuant to legal requirements and wewould require a proper showing of sufficient legal authority before providing suchassistance.

8. In 2012, did your company receive money or other forms of compensation inexchange for providing information to law enforcement? If yes, how much money didyour 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 thereasonable costs of providing technical assistance for lawful surveillance

318 U.S.C. 2702(b)(6)(c), as amended (communications content; 18 USC 2702(c)(4) (customerrecords or content pertaining to a subscriber).447 USC 222 (d)(4)(A).


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activities, and for costs incurred in providing stored electronic communications orbackup copies to the government. 5 In addition, we may also assess certain othercharges in connection with responding to lawful requests. See attached feeschedule. In 2012, T-Mobile USA collected approximately eleven million forproviding LER services to law enforcement agencies.

a. Does your company charge different amounts depending upon whether the request isfor emergency or non-emergency purposes? Does your company charge fees foremergency cell phone tracking requests from police departments?

Generally, TMUS does not charge law enforcement agencies for the costsincurred in responding to exigent requests (emergencies) such as kidnappings,imminent terrorist acts, specific threats to law enforcement agents and othercrimes which may fall under 18 U.S.C. 2702. However, that depends on the typeof production or service required and the volume of the production. 18 USC

2706 precludes us from cost recovery for producing toll records and subscriberinformation except in cases of undue burden.

b. Please include any written schedule of any fees that your company charges lawenforcement for these services.

Please see attachments. Separate price sheets have been provided for the twoseparate business units. The T-Mobile USA price list is a combination of pricesheets used for different request types.

Respectfully Submitted,

Tony RussoVice President, Federal Legislative Affairs

5 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).


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Law Enforcement Relations

Combined Price Sheet (excluding Metro PCS)

1

Fee Schedule for Real-Time Surveillance and Location Information

Telecommunications carriers are entitled, under federal and state statutes, to be compensated for reasonableexpenses incurred in providing the information, facilities and technical assistance necessary for pen register and

lawful intercept activities. T-Mobile USA s fee schedule reflects the cost of back-office infrastructure, personnel andother 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 orElectronic 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-datacommunications) applies to each International Mobile Subscriber Identity (IMSI) number targeted in a PR/TT/Wire-Communications 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 administeringthe 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 NoticeFee Authorization for Expedited Service


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T-Mobile USAs Law Enforcement Relations (LER) receives thousands of requests for customer information eachyear. 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 ordergenerally 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 expeditedservice. The turnaround time for most expedited responses is one (1) business day or less after receiving paymentand the legal demand. This is a premium service and not subject to the confines of 18 USC 2706 as we are notcharging for the records but for the premium expedited service. T-Mobile will only release expedited records uponpayment in full for the service. We will verify the existence of records prior to any charges being incurred . T-Mobilereserves the right to refuse expedited service and change any and all policies or prices regarding suchservice.

ERT Requests are all or nothing requests. This means that if a legal demand requests more information than theparty seeking the expedite desires, s/he must submit a new legal demand limiting their request or accept theexpedited portion as a full response to the original legal demand. A request for limited production must be madeexplicitly 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 to90 days) following the most recent 30 days of records T-Mobile will only expedite a maximum of 6 months ofrecords 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 normalCDR pricing.Cell tower dumps: Standard fee is $100/hr plus $50 expedite (minimum charge of $150). If subscriber info isrequested on all numbers, the charge will be $150/hr plus $50 expedite plus $50 for every ten subs (minimum chargeof $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.


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3

Fee Authorization for Burdensome or Unusually Burdensome Requests

PLEASE TAKE NOTICE THAT T MOBILE IS IN RECEIPT OF YOUR SUBPOENA AND PROVIDES THEFOLLOWING RESPONSE: GENERALLY, T MOBILE DOES NOT CHARGE FOR RECORDS RELATED TO AREQUEST 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 T MOBILE REQUESTS APPROXIMATELY 55 DAYS OF RECORDS (WITH AMEDIAN 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 INVOLVESMORE THAN ACCESSING MAINTAINED RECORDS. SIGNIFICANT COMPILATION AND ANALYSIS ISNECESSARY IN ORDER TO FULFILL SUCH A LARGE REQUEST.

MULTIPLE SYSTEMS MAY NEED TO BE ACCESSED THEN ANALYZED FOR COMPLETENESS AND COMPILEDTO MAKE IT COHERENT FOR AN EXTERNAL REQUESTOR. MULTIPLIED BY THE NUMBER OFSUBSCRIBERS, YOUR REQUEST INVOLVES ___32___ MONTHS OF RECORDS.

DUE TO THE VOLUMINOUS NATURE OF YOUR REQUEST, T MOBILE WILL REQUIRE ADDITIONAL TIME TORESPOND WITH CALL DETAIL RECORDS (ANY SUBSCRIBER INFORMATION IS INCLUDED WITH THISLETTER NOTWITHSTANDING AND WITHOUT WAIVING ANY OBJECTION). ADDITIONALLY, T MOBILE SEEKSRECOVERY 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. THANKYOU 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 ANDBURDENSOME NATURE.

___ PLEASE COMPLY WITH THE SUBPOENA, AMENDING THE REQUESTED DATE RANGE FOR CALLDETAIL RECORDS TO THE FOLLOWING: ______________. I AUTHORIZE THE AMENDED CHARGES

AS OUTLINED ABOVE.

___ PLEASE DISREGARD THE SUBPOENA, AS I DO NOT AUTHORIZE ANY CHARGES.


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MetroPCS Subpoena Compliance

Rev. 6-26-2012 dml

Law Enforcement Agencies/Attorneys:Welcome to MetroPCS! Please read the updated information. Thank you!

What is Needed from Law Enforcement/Attorneys to Process RequestsThe following information will assist our team of analysts to process yourrecords:

Please include the requesting agents first and last name, phonenumber, 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

[email protected] email. Be prepared with the tracking number, target number, or invoicing

number if calling or emailing for information.

All requests received by fax or email will generate an automatic receipt whenaccepted into the system. The records will be returned via email, fax, ormail. Email is the fastest method of receiving results .

What is AvailableThe following cites what information is available, specific documentationrequired, and the associated reasonable and customary fees.

Subscriber : Subscriber information may be obtained with a subpoena. Current subscriber data is provided unlessa specific time frame is requested.

Call Detail Records : Call detail records are retained approximately 6 months from the current date after whichthey are overwritten and cannot be recovered. Call detail records may be obtained with a subpoena. Call detailrecords with cell sites require a court order or a search warrant. Since subscribers change often, it is advised tonarrow 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 themessage. Once the message is deleted, it is permanently deleted and cannot be restored. A court order orsearch 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 thearea) 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 AvailableThe 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

How to Contact MetroPCS

Phone 24x7: (800) 571-1265Office Hours: 8:00-5:00 CST Please listen to the options and

choose appropriately.Mailing address:MetroPCS Subpoena Compliance2250 Lakeside Blvd. Richardson, TX 75082

To fax subpoenas/court orders:972-860-2635

To E-mail subpoenas/court orders:[email protected]

For questions and status checks:[email protected]

For pen/wire issues or questions:[email protected]

For invoicing issues or questions:[email protected]


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Electronic Surveillance Fee Schedule Type of Request Fee Notes - Pen Register Trap &Trace (PRTT)- Wiretaps

Note: A PRTT is a singledata channel. A wiretap is

a single data & contentchannel.

1) Implementation fee pereach voice or Push-to-Talk(PTT) intercept: - $342.11

2) Daily maintenance per

each voice or PTTintercept: - $10 (this includes 2ndset of IDs & PWs)

NOTE: Other technologieslike femtocell, 3G, 4G, ortext messaging areincluded in above rateunless provisioned withoutvoice or PTT

- Implementation fee is aflat rate. - Daily maintenancecovers all electronicsurveillance maintenanceon intercepts including

upgrades, numberchanges, extensions, etc. - Exigent intercepts arefree of charge until Sprintreceives a court order.

Late extension to intercept

(LEA sends CALEA requestafter prior surveillance hasexpired)

Applicable implementation

fee.

Daily maintenance applies.

Precision Location - Manual requests are $20for each time we providelocation per #.

- L-Site is unlimitedrequests for $30 a monthper #.

NOTE: No fee in exigent,PSAP, or customer consentsituations.

Provides real-time preciselocation information onmobile device.

- ElectronicCommunications inStorage (ECS) - Contemporaneous Billing - Cell site / sector

$30 per case hourworked. Minimum of 1hour per case plus $7.50for each 15 minutesworked.

NOTE: No fee in Exigent,PSAP, or customer consentsituation.

- Stored Includes textmessages, voice mailretrieval, storedphoto/video, historical e-mail. - Cell site / sector providereal-time cell site / sectorof requested #.

Account Takeover $300 per target accountplus any accrued chargeson subject account

LEA takes responsibility forany billed amount onsubject account. Keepsaccount from beingsuspended for non-payment. Not always100% effective & may notbe transparent to subject.

Effect August 1, 2010


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Fee Schedule*

Type of Request Fee

Processing Fee (for all subpoenas and courtorders)

$30.00

Call Detail $15.00 up to 1 month; $10 each additional month Subscriber Information $5 per number

Electronic Surveillance - new order $200.00 initial set up, $15.00 daily

Electronic Surveillance - renewal order $15.00 daily ( if the initial order has expired before the renewal order is received, it is billed asa new order)

* Fee Schedule effective as of October 1, 2002. Rates are subject to change.

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