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AT&T, Broadband Unlimited Assignment Applications Accepted for Filing

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Released: October 31, 2012
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 12-1737

Released: October 31, 2012

AT&T MOBILITY SPECTRUM LLC, NEW CINGULAR WIRELESS PCS, LLC, AND

BROADBAND WIRELESS UNLIMITED, LLC SEEK FCC CONSENT TO THE

ASSIGNMENT OF LOWER 700 MHZ BAND B BLOCK LICENSES

ULS File Nos. 0005373357 and 0005373376

PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

November 14, 2012

Oppositions Due:

November 26, 2012

Replies Due:

December 3, 2012

I.

INTRODUCTION

AT&T Mobility Spectrum LLC (“AT&T Mobility”) and New Cingular Wireless PCS, LLC, both
indirect wholly-owned subsidiaries of AT&T Inc. (collectively, “AT&T”), and Broadband Wireless
Unlimited, LLC (“Broadband Unlimited,” and collectively, “the Applicants”), have filed applications
pursuant to Section 310(d) of the Communications Act of 1934, as amended,1 seeking to assign nine
Lower 700 MHz Band B Block licenses from Broadband Unlimited to AT&T. The Applicants state that
the additional spectrum will enable AT&T to increase its system capacity in the areas covered by the
licenses, particularly for Long Term Evolution (“LTE”) services, and to facilitate the provision of
additional products and services in nine Cellular Market Areas (“CMAs”) located in Georgia, Illinois,
Louisiana, Massachusetts, New York, Tennessee, Texas, and Virginia.
Preliminary review of the applications indicates that post-transaction, AT&T would hold, in total,
70 to125 megahertz of spectrum in the CMAs that are the subject of these applications. In addition, in
CMA 300 (Victoria, Texas), AT&T would hold, post-transaction, 68 megahertz of spectrum below 1
GHz.

II.

SECTION 310(d) APPLICATIONS

The applications for consent to the full assignment of the Lower 700 MHz Band B Block licenses
from Broadband Unlimited to AT&T have been assigned the following file numbers:


1 47 U.S.C. § 310(d).

File No.

Licensee/Assignor

Assignee

Lead Call Sign

0005373357
Broadband Wireless Unlimited, LLC AT&T Mobility Spectrum LLC
WQIZ371
0005373376
Broadband Wireless Unlimited, LLC New Cingular Wireless PCS, LLC WQIZ379

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 applications have 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

November 14, 2012

. 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

November 26, 2012

. Replies to such pleadings
must be filed no later than

December 3, 2012

. All filings concerning matters referenced in this Public
Notice should refer to ULS File Nos. 0005373357 and/or 0005373376 as appropriate.

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
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.



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 47 C.F.R. § 1.1206(b).
7 See 47 C.F.R. § 1.45(c).
2

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.
·

If filed by ULS

, pleadings may be filed via
https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp.
·

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., 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) Kate 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 email at
FCC@BCPIWEB.COM. The application 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 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-


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

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