AT&T, ATN Transaction Applications Accepted for Filing
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
“Applicants”) have filed applications pursuant to Sections 214 and 310(d) of the Communications Act of
1934, as amended,1 seeking to transfer control of and assign cellular, Personal Communications Services,
Lower 700 MHz Band B and C Block, and common carrier fixed point-to-point microwave licenses and
spectrum leasing authorizations and an international Section 214 authorization from ATN’s wholly-
owned subsidiary Allied Wireless Communications Corporation (“Allied”) to an indirect, wholly-owned
subsidiary of AT&T. Allied currently provides wireless telecommunications services in 26 Cellular
Market Areas (“CMAs”) under the “Alltel” brand.2 The subject licenses encompass parts of eight states –
Alabama, Georgia, Idaho, Illinois, North Carolina, Ohio, South Carolina, and Washington. In addition,
approximately 620,000 subscribers in parts of six states would be transferred to AT&T as part of the
proposed transaction.
According to the Applicants, the proposed transaction would benefit Allied’s customers, who
currently receive 3G EV-DO services, by providing them with access to a greater range of products and
services on AT&T’s nationwide 4G network. The Applicants also assert that the proposed transaction
would enhance and supplement AT&T’s network by providing broader and deeper coverage, including in
some areas where AT&T currently has limited coverage.
1 47 U.S.C. §§ 214, 310(d).
2 Allied is proposing to transfer the assets used in its operations under the “Alltel” brand to AT&T. Allied would
contribute the licenses, leases, authorizations, and related assets to a wholly-owned subsidiary of Allied called
AWCC Acquisition Company, LLC (“AWCC Acquisition”). At closing, Allied would transfer its 100 percent
interest in AWCC Acquisition to a wholly-owned, indirect subsidiary of AT&T. Allied also is proposing to transfer
to AT&T two Lower 700 MHz Band B Block licenses that it holds that are not in the 26 Alltel CMAs.
Pursuant to the proposed transaction, AT&T would acquire 10 to 57 megahertz of spectrum in
162 counties in 30 CMAs across parts of Alabama, Georgia, Idaho, Illinois, North Carolina, Ohio, South
Carolina, and Washington. Post-transaction, AT&T would hold a maximum of 155 megahertz of
spectrum.
Communications Corporation to AWCC Acquisition Company LLC has been assigned the following file
number:
Allied Wireless Communications
AWCC Acquisition Company LLC KNKA436
Corporation
The following applications for consent to the transfer of control of licenses and leases from Allied
Wireless Communications Corporation to AWCC Acquisition Company LLC have been assigned the
following file numbers:
Ohio RSA 2 Limited
Allied Wireless
AT&T Inc.
KNKN993
Partnership, dba
Communications
ALLTEL
Corporation
0005631556
Ohio RSA #3 Limited
Allied Wireless
AT&T Inc.
KNKQ312
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631562
GEORGIA RSA # 8
Allied Wireless
AT&T Inc.
KNKN899
PARTNERSHIP d/b/a
Communications
ALLTEL
Corporation
0005631563
Ohio RSA 6 Limited
Allied Wireless
AT&T Inc.
KNKN955
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631565
Ohio RSA 5 Limited
Allied Wireless
AT&T Inc.
KNKN942
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631586
Georgia RSA #8
Allied Wireless
AT&T Inc.
L000010178
Partnership
Communications
Corporation
The following applications for consent to new spectrum leasing authorizations (in lieu of
applications to assign spectrum leasing authorizations from Allied Wireless Communications Corporation
to AWCC Acquisition Company LLC) have been assigned the following file numbers:
3 The Applicants have designated File No. 0005632405 as the lead application.
2
Ohio RSA 6 Limited Partnership
AWCC Acquisition Company LLC KNKN955
d/b/a ALLTEL
0005632710
Ohio RSA 5 Limited Partnership
AWCC Acquisition Company LLC KNKN942
d/b/a ALLTEL
0005632713
Ohio RSA #3 Limited Partnership
AWCC Acquisition Company LLC KNKQ312
d/b/a ALLTEL
0005632716
Ohio RSA 2 Limited Partnership, dba AWCC Acquisition Company LLC KNKN993
ALLTEL
authorization has been assigned the following file number:
Allied Wireless
AWCC Acquisition
ITC-214-20090616-00560
20130206-00051
Communications
Company LLC
Corporation
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.5
Parties making oral ex parte presentations are directed to the Commission’s ex parte rules.
Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.6 More than a one- or two-sentence description of the
views and arguments presented is generally required.7 Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well.8
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.
4 47 C.F.R. § 1.1200(a).
5 47 C.F.R. § 1.1206.
6 See 47 C.F.R. § 1.1206(b)(1).
7 See id.
8 47 C.F.R. § 1.1206(b).
3
Interested parties must file petitions to deny no later than
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
than
Docket No. 13-54 and reference the specific file numbers of the individual applications to which the
filings pertain, if applicable.
their initial filings. New issues may not be raised in responses or replies.9 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it
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,10
submissions in this matter may be filed electronically though the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.
·
http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
·
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., SW, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau,
at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Linda Ray, Broadband Division, Wireless
9 See 47 C.F.R. § 1.45(c).
10 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
11 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
4
Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (4) Kate Matraves,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); (5) David Krech, Policy Division,
International Bureau, at david.krech@fcc.gov or (202) 418-2824 (facsimile);and (6) Jim Bird, Office of
General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile). Any submission that is e-
mailed to Best Copy and Printing, Kathy Harris, Linda Ray, Kate Matraves, David Krech, and Jim Bird
should include in the subject line of the e-mail: (1) WT Docket No. 13-54; (2) the name of the submitting
party; and (3) a brief description or title identifying the type of document being submitted (e.g., WT
Docket No. 13-54, [name of submitting party], Notice of Ex Parte Communication).
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 email 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. In
addition, the wireless applications are available electronically through ULS, which may be accessed on
the Commission’s Internet website, and the international application is available electronically through
IBFS, which also 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 email 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 email: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-0432.
For further information, contact Kathy Harris, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-0609, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
5
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 13-352
Released: March 5, 2013
AT&T INC. AND ATLANTIC TELE-NETWORK, INC. SEEK FCC CONSENT TO THE
TRANSFER OF CONTROL AND ASSIGNMENT OF LICENSES, SPECTRUM LEASING
AUTHORIZATIONS, AND AN INTERNATIONAL SECTION 214 AUTHORIZATION
WT DOCKET NO. 13-54
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due:
April 4, 2013
Oppositions Due:
April 15, 2013
Replies Due:
April 22, 2013
I.
INTRODUCTION
AT&T Inc. (“AT&T”) and Atlantic Tele-Network, Inc. (“ATN” and together with AT&T, the“Applicants”) have filed applications pursuant to Sections 214 and 310(d) of the Communications Act of
1934, as amended,1 seeking to transfer control of and assign cellular, Personal Communications Services,
Lower 700 MHz Band B and C Block, and common carrier fixed point-to-point microwave licenses and
spectrum leasing authorizations and an international Section 214 authorization from ATN’s wholly-
owned subsidiary Allied Wireless Communications Corporation (“Allied”) to an indirect, wholly-owned
subsidiary of AT&T. Allied currently provides wireless telecommunications services in 26 Cellular
Market Areas (“CMAs”) under the “Alltel” brand.2 The subject licenses encompass parts of eight states –
Alabama, Georgia, Idaho, Illinois, North Carolina, Ohio, South Carolina, and Washington. In addition,
approximately 620,000 subscribers in parts of six states would be transferred to AT&T as part of the
proposed transaction.
According to the Applicants, the proposed transaction would benefit Allied’s customers, who
currently receive 3G EV-DO services, by providing them with access to a greater range of products and
services on AT&T’s nationwide 4G network. The Applicants also assert that the proposed transaction
would enhance and supplement AT&T’s network by providing broader and deeper coverage, including in
some areas where AT&T currently has limited coverage.
1 47 U.S.C. §§ 214, 310(d).
2 Allied is proposing to transfer the assets used in its operations under the “Alltel” brand to AT&T. Allied would
contribute the licenses, leases, authorizations, and related assets to a wholly-owned subsidiary of Allied called
AWCC Acquisition Company, LLC (“AWCC Acquisition”). At closing, Allied would transfer its 100 percent
interest in AWCC Acquisition to a wholly-owned, indirect subsidiary of AT&T. Allied also is proposing to transfer
to AT&T two Lower 700 MHz Band B Block licenses that it holds that are not in the 26 Alltel CMAs.
Pursuant to the proposed transaction, AT&T would acquire 10 to 57 megahertz of spectrum in
162 counties in 30 CMAs across parts of Alabama, Georgia, Idaho, Illinois, North Carolina, Ohio, South
Carolina, and Washington. Post-transaction, AT&T would hold a maximum of 155 megahertz of
spectrum.
II.
SECTION 310(d) APPLICATIONS
The following application for consent to the assignment of licenses from Allied WirelessCommunications Corporation to AWCC Acquisition Company LLC has been assigned the following file
number:
File No.
Licensee/Assignor
Assignee
Lead Call Sign
00056324053Allied Wireless Communications
AWCC Acquisition Company LLC KNKA436
Corporation
The following applications for consent to the transfer of control of licenses and leases from Allied
Wireless Communications Corporation to AWCC Acquisition Company LLC have been assigned the
following file numbers:
File No.
Licensee/Lessee
Transferor
Transferee
Lead Call
Sign/Lease
0005631527Ohio RSA 2 Limited
Allied Wireless
AT&T Inc.
KNKN993
Partnership, dba
Communications
ALLTEL
Corporation
0005631556
Ohio RSA #3 Limited
Allied Wireless
AT&T Inc.
KNKQ312
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631562
GEORGIA RSA # 8
Allied Wireless
AT&T Inc.
KNKN899
PARTNERSHIP d/b/a
Communications
ALLTEL
Corporation
0005631563
Ohio RSA 6 Limited
Allied Wireless
AT&T Inc.
KNKN955
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631565
Ohio RSA 5 Limited
Allied Wireless
AT&T Inc.
KNKN942
Partnership d/b/a
Communications
ALLTEL
Corporation
0005631586
Georgia RSA #8
Allied Wireless
AT&T Inc.
L000010178
Partnership
Communications
Corporation
The following applications for consent to new spectrum leasing authorizations (in lieu of
applications to assign spectrum leasing authorizations from Allied Wireless Communications Corporation
to AWCC Acquisition Company LLC) have been assigned the following file numbers:
3 The Applicants have designated File No. 0005632405 as the lead application.
2
File No.
Licensee
Lessee
Lead Call Sign
0005632708Ohio RSA 6 Limited Partnership
AWCC Acquisition Company LLC KNKN955
d/b/a ALLTEL
0005632710
Ohio RSA 5 Limited Partnership
AWCC Acquisition Company LLC KNKN942
d/b/a ALLTEL
0005632713
Ohio RSA #3 Limited Partnership
AWCC Acquisition Company LLC KNKQ312
d/b/a ALLTEL
0005632716
Ohio RSA 2 Limited Partnership, dba AWCC Acquisition Company LLC KNKN993
ALLTEL
III.
SECTION 214 APPLICATION
The following application for consent to the assignment of an international Section 214authorization has been assigned the following file number:
File No.
Authorization Holder
Assignee
Authorization Number
ITC-ASG-Allied Wireless
AWCC Acquisition
ITC-214-20090616-00560
20130206-00051
Communications
Company LLC
Corporation
IV.
EX PARTE
STATUS OF THIS PROCEEDING
Pursuant to section 1.1200(a) of the Commission’s rules,4 the Commission may adopt modified ormore 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.5
Parties making oral ex parte presentations are directed to the Commission’s ex parte rules.
Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.6 More than a one- or two-sentence description of the
views and arguments presented is generally required.7 Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well.8
V.
GENERAL INFORMATION
The transfer of control, assignment, and spectrum leasing applications have been found, uponinitial 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.
4 47 C.F.R. § 1.1200(a).
5 47 C.F.R. § 1.1206.
6 See 47 C.F.R. § 1.1206(b)(1).
7 See id.
8 47 C.F.R. § 1.1206(b).
3
Interested parties must file petitions to deny no later than
April 4, 2013
. Persons and entities thatfile 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
April 15, 2013
. Replies to such pleadings must be filed no laterthan
April 22, 2013
. All filings concerning matters referenced in this Public Notice should refer to WTDocket No. 13-54 and reference the specific file numbers of the individual applications to which the
filings pertain, if applicable.
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 intheir initial filings. New issues may not be raised in responses or replies.9 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it
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,10
submissions in this matter may be filed electronically though the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.
·
If filed by ECFS
,11 comments shall be sent as an electronic file via the Internet tohttp://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
·
If filed by paper
, the original and four copies of each filing must be filed by hand or messengerdelivery, 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., SW, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau,
at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Linda Ray, Broadband Division, Wireless
9 See 47 C.F.R. § 1.45(c).
10 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
11 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
4
Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (4) Kate Matraves,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); (5) David Krech, Policy Division,
International Bureau, at david.krech@fcc.gov or (202) 418-2824 (facsimile);and (6) Jim Bird, Office of
General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile). Any submission that is e-
mailed to Best Copy and Printing, Kathy Harris, Linda Ray, Kate Matraves, David Krech, and Jim Bird
should include in the subject line of the e-mail: (1) WT Docket No. 13-54; (2) the name of the submitting
party; and (3) a brief description or title identifying the type of document being submitted (e.g., WT
Docket No. 13-54, [name of submitting party], Notice of Ex Parte Communication).
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 email 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. In
addition, the wireless applications are available electronically through ULS, which may be accessed on
the Commission’s Internet website, and the international application is available electronically through
IBFS, which also 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 email 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 email: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-0432.
For further information, contact Kathy Harris, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-0609, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
5
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