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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, Civil No.: 1:00CV02073 (PLF) SBC COMMUNICATIONS INC. and BELLSOUTH CORPORATION, Defendants. ——— ‘STIPULATION Its stipulated by and between the undersigned parties, by their respective attorneys, that: 1. Defendants, SBC Communications Inc. (“SBC”) and BellSouth Corporation: (“BellSouth”), and Plaintiff, United States, will file a joint motion requesting that the Court modify the Final Judgment entered in this case on December 29, 2000, and a joint motion to establish procedures to modify the Final Judgment. The United States tentatively has agreed to the modification of the Final Judgment if certain conditions are met, but as a matter of policy does not consent to the modification of judgments without public notice and an opportunity for public comment. - Defendants SBC and BellSouth shall publish at their own expense a notice of the proposed modification, in the form attached hereto as Exhibit A, in two consecutive issues of (a) The Los Angeles Times, (b) The Indianapolis Star, and (c) RCR Wireless News. An Order, in the proposed form attached hereto as Exhibit B, directing such publication, may be filed and entered by the Court, without further notice to any party or any other proceedings. 3. The United States will publish in the Federal Register a notice, in the form attached hereto as Exhibit'Cy fnnouncing the motion to modify the Final Judgment and the United States’s tentative consent to it, summarizing the Complaint and Final Judgment, describing the procedures for inspection and obtaining copies of relevant papers, and inviting the submission of comments. 4, Apperiod for public comment shall end 30 days after the last publication of the notices required by this Stipulation. Within a reasonable time after the conclusion of the 30-day public comment period, the United States will file with the Court copies of all comments that it, receives and its response to those comments. 5. Defendants shall provide to Plaintiff, United States, for its review and approval in its sole discretion, copies of all agreements to be entered into by the Defendants or AT&T Wireless Services Inc. (AT&T Wireless) with Von Donop (as described in the Joint Motion to Modify Final Judgment and Ex. D attached hereto) including any amendments to the existing agreements between AT&T Wireless and Von Donop, so that Plaintiff will have the opportunity to review them before the Court enters an order modifying the Final Judgment. 6, An Order, in the proposed form attached hereto as Exhibit D, modifying the Final Judgment entered in this cause of action on December 29, 2000, and a Modified Final Judgment, in the proposed form attached hereto as Exhibit E, will not be entered until the United States has filed any comments and its responses to those comments or the United States notifies the Court that no comments were received, and until the United States has reviewed and approved any agreements as described in the modification, and provided that the United States has not withdrawn its tentative consent. 7. Inthe event that the United States withdraws its consent, or if the proposed Order modifying the Final Judgment is not entered pursuant to this Stipulation, then this Stipulation shall be of no effect whatsoever, the making of this Stipulation shall be without prejudice to any party in this or any other proceeding, and the Stipulation shall not thereafter be used in this or any other action or for any other purpose. FOR PLAINTIFF UNITED STATES OF AMERICA RAMawitt fat. R. Hewitt Pate Assistant Attorney General Antitrust Division Baer Meal ASM I’ Bruce McDonald Deputy Assistant Attorney General Antitrust Division Director of Opera Antitrust Division ‘Nancy Chinn Chief, Telecommunications & Media Enforcement Section Antitrust Division a SSL Laury Bobbish Assistant Chief, Telecommunications & Media Enforcement Section Hillary B. Burcbuk (D.C. Bar Matthew C. Hammond Lorenzo McRae (D.C. Bar # 473660) Attomeys, Telecommunications & Media Enforcement Section Antitrust Division 16755)