UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

In the Matter of

Alaska Healthcare Network, Inc., a corporation.

File No. 991-0103

AGREEMENT CONTAINING CONSENT ORDER

The Federal Trade Commission ("Commission"), having initiated an investigation of certain acts and practices of Alaska Healthcare Network, Inc. ("AHN"), hereinafter sometimes referred to as "Proposed Respondent," and it now appearing that AHN is willing to enter into this Agreement Containing Consent Order ("Agreement") to cease and desist from the use of the acts and practices being investigated and providing for other relief:

IT IS HEREBY AGREED by and between Proposed Respondent, by its duly authorized officer and attorney, and counsel for the Commission that:

1. Proposed Respondent is a non-profit corporation, organized, existing, and doing business under and by virtue of the laws of the State of Alaska, with its office and principal place of business located at 1867 Airport Way, Suite 115-A, Fairbanks, Alaska 99701.

 

2. Proposed Respondent admits all the jurisdictional facts set forth in the draft of Complaint here attached.

 

3. Proposed Respondent waives:

 

(a) any further procedural steps;

 

(b) the requirement that the Commission's Decision and Order, here attached and made a part hereof, contain a statement of findings of fact and conclusions of law;

 

(c) all rights to seek judicial review or otherwise to challenge or contest the validity of the Decision and Order entered pursuant to this Agreement; and

 

(d) any claim under the Equal Access to Justice Act.

 

4. Proposed Respondent shall submit an initial compliance report within twenty (20) days of the date it signs this Agreement, pursuant to Commission Rule 2.33, 16 C.F.R. § 2.33, signed by the Proposed Respondent setting forth in detail the manner in which the Proposed Respondent has to date complied or has prepared to comply, and will comply with the Decision and Order here attached. Such report will not become part of the public record unless and until this Agreement and Decision and Order are accepted by the Commission for public comment.

 

5. This Agreement shall not become part of the public record of the proceeding unless and until it is accepted by the Commission. If this Agreement is accepted by the Commission, it, together with the draft of Complaint contemplated thereby, will be placed on the public record for a period of thirty (30) days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this Agreement and so notify Proposed Respondent, in which event it will take such action as it may consider appropriate, or issue and serve its Complaint (in such form as the circumstances may require) and Decision and Order, in disposition of the proceeding.

 

6. This Agreement is for settlement purposes only and does not constitute an admission by Proposed Respondent that the law has been violated as alleged in the draft of Complaint here attached, or that the facts as alleged in the draft Complaint, other than jurisdictional facts, are true.

 

7. This Agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of § 2.34 of the Commission's Rules, 16 C.F.R. § 2.34, the Commission may, without further notice to Proposed Respondent, (1) issue its Complaint corresponding in form and substance with the draft of Complaint here attached and its Decision and Order in disposition of the proceeding and (2) make information public in respect thereto. When so entered, the Decision and Order shall have the same force and effect and may be altered, modified, or set aside in the same manner and within the same time provided by statute for other orders. The Decision and Order shall become final upon service. Delivery by the United States Postal Service of the Complaint and Decision and Order to Proposed Respondent's address as stated in this Agreement shall constitute service. Proposed Respondent waives any right it may have to any other manner of service. The Complaint may be used in construing the terms of the Decision and Order, and no agreement, understanding, representation, or interpretation not contained in the Decision and Order or this Agreement may be used to vary or contradict the terms of the Decision and Order.

 

8. By signing this Agreement, Proposed Respondent represents that the full relief contemplated by this Agreement and the Decision and Order can be accomplished.

 

9. Proposed Respondent has read the draft of Complaint and Decision and Order. Proposed Respondent understands that once the Decision and Order has been issued, it will be required to file one or more compliance reports showing that it has fully complied with the Decision and Order. Proposed Respondent agrees to comply with the terms of the Decision and Order from the date it signs this Agreement. Proposed Respondent further understands that it may be liable for civil penalties in the amount provided by law for each violation of the Decision and Order after it becomes final.

Signed this ___ day of _________, 2000.

APPROVED: