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
- 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
- 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.
|ALASKA HEALTHCARE NETWORK, INC.
Chairman of the Board
Douglas C. Ross, Esq.
Davis, Wright Tremaine, LLP
Counsel for AHN
|FEDERAL TRADE COMMISSION
Division of Health Care Services and Products
Paul J. Nolan
Shane K. Woods
Northwestern Regional Office
|Charles A. Harwood
Northwest Regional Office
David R. Pender
Deputy Assistant Director
Michael E. Antalics
Richard G. Parker
Bureau of Competition
|Richard A. Feinstein
Northwest Regional Office