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AT&T, Cellular South NRUF Public Notice

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Released: May 14, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1091

Released: May 14, 2013

APPLICATIONS OF AT&T INC. AND CELLULAR SOUTH, INC. FOR CONSENT TO ASSIGN

LICENSES COVERING PARTS OF ALABAMA, GEORGIA, AND TENNESSEE

NUMBERING RESOURCE UTILIZATION AND FORECAST REPORTS

AND LOCAL NUMBER PORTABILITY REPORTS TO BE PLACED INTO THE RECORD,

SUBJECT TO PROTECTIVE ORDER

ULS File Nos. 0005597386 and 0005597395

AT&T Inc. (“AT&T”) and Cellular South, Inc. (“Cellular South”) (collectively, the “Applicants”)
have filed applications (collectively, “Applications”) pursuant to Section 310(d) of the Communications
Act of 1934, as amended,1 seeking approval to assign Cellular, Personal Communications Service
(“PCS”), Lower 700 MHz C Block, and related point-to-point microwave licenses. The proposed
transaction involves spectrum licenses in 17 Cellular Market Areas (“CMAs”) covering parts of Alabama,
Georgia, and Tennessee.2 On February 22, 2013, the Commission accepted the Applications for filing
and established a pleading cycle for the proposed transaction.3
In connection with the Commission’s review of the proposed transaction, the Commission intends
to examine information contained in the biannual Numbering Resource Utilization and Forecast
(“NRUF”) reports filed by wireless telecommunications carriers,4 carrier-specific local number portability
(“LNP”) data related to wireless telecommunications carriers, and further disaggregated monthly carrier-
specific local number portability data (“Carrier-to-Carrier LNP Data”) related to wireless
telecommunications carriers. These data may assist the Commission in assessing the competitive effects
of the transaction. Accordingly, subject to the provisions of a protective order (“NRUF Protective
Order”) being adopted this day,5 the Commission intends to place into the record in this proceeding:
· NRUF reports for all wireless telecommunications carriers concerning data as of December 31,
2011, June 30, 2012, and December 31, 2012 (when available).


1 47 U.S.C. § 310(d).
2 See Applications, Appendix A.
3 AT&T Inc. and Cellular South, Inc. Seek FCC Consent to the Assignment of Cellular, Personal Communications
Services, Lower 700 MHz C Block, and Microwave Licenses Covering Parts of Alabama, Georgia, and Tennessee,
Public Notice¸ DA 13-269 (rel. Feb. 22, 2013).
4 See 47 C.F.R. §§ 1.907, 52.5.
5 See Applications of AT&T Inc. and Cellular South, Inc. For Consent To Assign Licenses Covering Parts of
Alabama, Georgia, and Tennessee, ULS File Nos. 0005597386 and 0005597395, NRUF/LNP Protective Order, DA
13-1090 (WTB May 14, 2013).

· Wireless-to-wireless LNP data for all wireless telecommunications carriers from the December
2011, June 2012, and December 2012 (when available) LNP databases that the Commission
receives from the LNP Administrator, NeuStar, Inc. This LNP data shows the total number of
ports in and ports out per carrier.
· Wireless-to-wireless Carrier-to-Carrier LNP Data for all wireless telecommunications carriers, on a
monthly basis, from the June 2010 to June 2012 LNP databases that the Commission receives from
the LNP Administrator, NeuStar, Inc. This LNP data shows, on a monthly basis, the specific
number of ports from each wireless carrier to another carrier in each area.
Section 251 of the Communications Act grants the Commission jurisdiction over the North
American Numbering Plan (“NANP”) and related telephone numbering issues.6 To monitor better the
way numbering resources are used within the NANP and allocate NANP resources efficiently, the
Commission requires telecommunications carriers to provide the Commission with a utilization report of
their current inventory of telephone numbers and a five-year forecast of their numbering resource
requirements.7 LNP data are collected by the LNP Administrator and provided to the Commission.
The Commission has recognized that disaggregated, carrier-specific forecast and utilization data
should be treated as confidential and should be exempt from public disclosure under 5 U.S.C.
§ 552(b)(4).8 The NRUF and LNP reports will be placed into the record subject to the provisions of the
NRUF Protective Order. As such, the NRUF and LNP data will not be available to the public except
pursuant to the terms of the NRUF Protective Order, as outlined below.
Persons seeking to review the NRUF or LNP data may do so only for purposes of participating in
this proceeding. Pursuant to the NRUF Protective Order, outside persons participating or intending to
participate in the proceeding who are not involved in competitive decision-making activities and who
have signed the Acknowledgment of Confidentiality attached to the NRUF Protective Order may review
the NRUF and LNP data. We emphasize that persons seeking to review the NRUF or LNP data must
have adequate protections in place to prevent improper use or disclosure of the information.
Affected parties have until

May 21, 2013

to oppose disclosure of their NRUF and LNP data. In
addition, affected parties will have five business days after the filing of an Acknowledgment of
Confidentiality to object to the release of the data to a particular person who requests permission to
review it.
If the Commission receives no opposition from affected parties by May 21, 2013, the
Commission will place the NRUF, LNP, and Carrier-to-Carrier LNP data into the record subject to the
safeguards contained in the NRUF Protective Order. If disclosure is opposed, the procedures set forth in
47 C.F.R. § 0.461(i) shall apply. All filings should refer to the Applications, ULS File No. 0005597386
and 0005597395.
Under the Commission’s current procedures for the submission of filings and other documents,9
submissions in this matter may be filed electronically through the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.


6 47 U.S.C. § 251.
7 47 C.F.R. § 52.15(f). See Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and
Further Notice of Proposed Rule Making
, 15 FCC Rcd 7574, 7578-79 ¶ 5 (2000).
8 Id. at 7607 ¶ 78.
9 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
2

·

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, DC 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) Scott Patrick, Mobility Division, Wireless Telecommunications Bureau,
at scott.patrick@fcc.gov or (202) 418-7447 (facsimile); (3) Linda Ray, Broadband Division, Wireless
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); and (5) Jim Bird, Office of General Counsel,
at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile).
This action is taken pursuant to sections 4(i) and 310(d) of the Communications Act, 47 U.S.C.
§§ 154(i), 310(d), section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and authority
delegated under section 0.331 of the Commission’s rules, 47 C.F.R. § 0.331, and is effective upon its
adoption.
For further information, contact Scott Patrick, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-2853, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
3

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