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AT&T Aloha Application Accepted for Filing, Pleading Cycle Established

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Released: February 12, 2014
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov

DA 14-191

Released: February 12, 2014

AT&T MOBILITY SPECTRUM LLC AND ALOHA PARTNERS II, L.P. SEEK FCC CONSENT

TO THE ASSIGNMENT OF ADVANCED WIRELESS SERVICES LICENSES FROM ALOHA

TO AT&T MOBILITY SPECTRUM

ULS File No. 0006065982

PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

March 5, 2014

Oppositions Due:

March 17, 2014

Replies Due:

March 24, 2014

I.

INTRODUCTION

AT&T Mobility Spectrum LLC (“AT&T Mobility Spectrum”), an indirect wholly-owned
subsidiary of AT&T Inc. (collectively with AT&T Mobility Spectrum, “AT&T”), and Aloha Partners II,
L.P. (“Aloha,” and together with AT&T, the “Applicants”), have filed an application pursuant to Section
310(d) of the Communications Act of 1934, as amended,1 seeking approval of the assignment of
Advanced Wireless Services (“AWS-1”) A, B, and C Block spectrum licenses from Aloha to AT&T
Mobility Spectrum. The subject licenses cover geographic areas scattered throughout the country.
The Applicants assert that the proposed assignment would serve the public interest because it
would enable AT&T to increase its system capacity to enhance existing services, better accommodate its
overall growth, and facilitate the provision of additional products and services to the public in the
geographic areas authorized under the licenses. The Applicants represent that the additional spectrum
would be used to deploy AT&T’s 4G network using Long Term Evolution technology and would increase
network capacity to the benefit of all AT&T subscribers.
Preliminary review of the application indicates that the proposed transaction involves the
assignment of 10 to 30 megahertz of AWS-1 A, B, and C Block spectrum from Aloha to AT&T in 380
counties in 120 Cellular Market Areas (“CMAs”) across parts of various states. Post-transaction, AT&T
would hold a total of 68 to 176 megahertz of spectrum in the CMAs involved in this transaction,
including 10 to 60 megahertz of AWS-1 spectrum.

1 47 U.S.C. § 310(d).

II.

SECTION 310(d) APPLICATION

The following application for consent to the assignment of licenses has been assigned the
following file number:

File No.

Licensee

Assignee

Lead Call Sign

0006065982 Aloha Partners II, L.P.
Mobility Spectrum LLC
WQGD481

III.

EX PARTE

STATUS OF THIS PROCEEDING

Pursuant to Section 1.1200(a) of the Commission’s rules,2 the Commission may adopt modified
or more stringent ex parte procedures in particular proceedings if the public interest so requires. We
announce that this proceeding will be governed by permit-but-disclose ex parte procedures that are
applicable to non-restricted proceedings under Section 1.1206 of the Commission’s rules.3
Parties making oral ex parte presentations are directed to the Commission’s revised ex parte
rules. Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.4 More than a one- or two-sentence description of the
views and arguments presented is generally required.5 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.6

IV.

GENERAL INFORMATION

The assignment application referenced herein has been found, upon initial review, to be
acceptable for filing. The Commission reserves the right to return any application if, upon further
examination, it is determined to be defective and not in conformance with the Commission’s rules or
policies.
Interested parties must file petitions to deny no later than

March 5, 2014

. Persons and entities
that file petitions to deny become parties to the proceeding. They may participate fully in the proceeding,
including seeking access to any confidential information that may be filed under a protective order,
seeking reconsideration of decisions, and filing appeals of a final decision to the courts. Oppositions to
such pleadings must be filed no later than

March 17, 2014

. Replies to such pleadings must be filed no
later than

March 24, 2014

. All filings concerning matters referenced in this Public Notice should refer to
ULS File No. 0006065982.

To allow the Commission to consider fully all substantive issues regarding the Applications in

as timely and efficient a manner as possible, petitioners and commenters should raise all issues in
their initial filings. New issues may not be raised in responses or replies.7 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it


2 47 C.F.R. § 1.1200(a).
3 47 C.F.R. § 1.1206.
4 See 47 C.F.R. § 1.1206(b)(1).
5 See id.
6 Id. § 1.1206(b).
7 See 47 C.F.R. §1.45(c).
2

was not possible for it to have raised the issue previously. Submissions after the pleading cycle has
closed that seek to raise new issues based on new facts or newly discovered facts should be filed
within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not
timely raised may be disregarded by the Commission.

Under the Commission’s current procedures for the submission of filings and other documents,8
submissions in this matter may be filed electronically though the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.

To file electronically

, visit the ULS web site at http://wireless.fcc.gov/uls/ and click on the
“Submit a Pleading” link, complete the administrative information, and upload your pleading.

If filed by paper

, the original and four copies of each filing must be filed by hand or messenger
delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th St., S.W., Room TW-A325, Washington, D.C. 20554.
The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes must be disposed of before entering the
building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the Commission’s Secretary, Office of
the Secretary, Federal Communications Commission.
One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered
as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to:
(1) the Commission’s duplicating contractor, Best Copy and Printing, Inc., at FCC@BCPIWEB.COM or
(202) 488-5563 (facsimile); (2) Linda Ray, Broadband Division, Wireless Telecommunications Bureau, at
linda.ray@fcc.gov or (202) 418-7247 (facsimile); (3) Catherine Matraves, Spectrum and Competition
Policy Division, Wireless Telecommunications Bureau, at catherine.matraves@fcc.gov or (202) 418-7447
(facsimile); and (4) Jim Bird, Office of General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234
(facsimile).
Copies of the applications and any subsequently-filed documents in this matter may be obtained
from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C.
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. The applications and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
applications are also available electronically through ULS, which may be accessed on the Commission’s
Internet website. To request materials in accessible formats for people with disabilities (Braille, large
print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Contact the FCC to
request reasonable accommodations for filing comments (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-
0432.

8 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
3

For further information, contact Linda Ray, Broadband Division, Wireless Telecommunications
Bureau, at (202) 418-0257, or Catherine Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
4

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