AT&T MOBILITY SPECTRUM LLC AND QUALCOMM INCORPORATED SEEK FCC CONSENT TO THE ASSIGNMENT OF LOWER 700 MHz BAND LICENSES
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
and together with AT&T Mobility, the "Applicants") have filed an application pursuant to section 310(d)
of the Communications Act of 1934, as amended.1 In this application, the Applicants seek Commission
approval to assign six D block and five E block licenses in the Lower 700 MHz band from Qualcomm to
AT&T Mobility. AT&T Mobility is an indirect, wholly-owned subsidiary of AT&T Inc. (collectively,
with its subsidiaries and affiliates, "AT&T").
The Applicants state that this transaction will enable AT&T to repurpose Qualcomm's
underutilized Lower 700 MHz D and E block spectrum for the implementation of cutting-edge broadband
services that are most demanded by customers. The Applicants state that AT&T plans to use
supplemental downlink technology (also referred to as carrier aggregation technology) to couple this
unpaired spectrum with paired spectrum that AT&T already holds. Once compatible handsets and
network equipment are developed, this will, according to the Applicants, allow AT&T to provide a more
robust wireless broadband service over its new LTE network.
The licenses at issue cover more than 300 million people nationwide. Specifically, Qualcomm
holds the Lower 700 MHz D and E block licenses (6 megahertz each) in five of the top 15 metropolitan
areas (New York, Boston, Philadelphia, Los Angeles, and San Francisco), covering more than 70 million
people. Qualcomm also holds Lower 700 MHz D block licenses that cover more than 230 million people
across the rest of the United States. Preliminary review of the application indicates that in various license
areas, post-transaction AT&T would hold between 6 and 80 megahertz of spectrum below 1 GHz.2
1 47 U.S.C. 310(d).
2 This calculation of spectrum below 1 GHz takes into account AT&T's pending applications to acquire Lower 700
MHz C block licenses from D&E Investments, Inc. (FCC File No. 0004448347), a 25 megahertz cellular license
from Commnet of Florida LLC (FCC File No. 0004541107), Lower 700 MHz B and C block licenses from Whidbey
Qualcomm to AT&T Mobility has been assigned the following file number:
Qualcomm Incorporated
AT&T Mobility Spectrum LLC
WPWU989
or more stringent ex parte procedures in particular proceedings if the public interest so requires.4 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 statement
reemphasizing the public's responsibility in permit-but-disclose proceedings and 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 We urge parties to use the Electronic Comment Filing System ("ECFS") to file ex
parte submissions.9
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. Final action on this application will not be taken earlier than thirty-one days following the date
of this Public Notice.10
Telephone Company (FCC File No. 0004544869), and a 25 megahertz cellular license from Lamar County Cellular,
Inc. (FCC File No. 0004341633).
3 47 C.F.R. 1.1200(a).
4 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission's rules
on ex parte presentations. Amendment of the Commission's Ex Parte Rules and Other Procedural Rules, GC Dkt.
No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011). The
revised rules will become effective 30 days after they are published in the Federal Register.
5 Id. 1.1206.
6 See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
7 See 47 C.F.R. 1.1206(b)(2).
8 Id. 1.1206(b).
9 See discussion infra Part IV.
10 See 47 U.S.C. 309(b).
2
Interested parties must file petitions to deny no later than March 11, 2011. 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 21, 2011. Replies to such pleadings must be filed no
later than March 28, 2011. All filings concerning matters referenced in this Public Notice should refer to
DA 11-252 and WT Docket No. 11-18, as well as ULS File No. 0004566825.
Under the Commission's current procedures for the submission of filings and other documents,11
submissions in this matter may be filed electronically (i.e., through ECFS) 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 Street, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau
(WTB), at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and
Competition Policy Division, WTB, at catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and
(4) Jim Bird, Office of General Counsel, at jim.bird@fcc.gov or (202) 418-1234 (facsimile).
Copies of the application 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 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
application is also available electronically through ECFS, which may be accessed on the Commission's
Internet website at http://www.fcc.gov. In addition, the application is available electronically through
ULS, which may be accessed on the Commission's Internet website. To request materials in accessible
11 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
12 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
3
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.
For further information, contact Kathy Harris, Mobility Division, WTB, at (202) 418-0609, or
Kate Matraves, Spectrum and Competition Policy Division, WTB, at (202) 418-7878.
-FCC-
4
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
DA 11-252
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.govReleased: February 9, 2011
AT&T MOBILITY SPECTRUM LLC AND QUALCOMM INCORPORATED SEEK FCC
CONSENT TO THE ASSIGNMENT OF LOWER 700 MHz BAND LICENSES
WT Docket No. 11-18
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due:
March 11, 2011
Oppositions Due:
March 21, 2011
Replies Due:
March 28, 2011
I.
INTRODUCTION
AT&T Mobility Spectrum LLC ("AT&T Mobility") and Qualcomm Incorporated ("Qualcomm,"and together with AT&T Mobility, the "Applicants") have filed an application pursuant to section 310(d)
of the Communications Act of 1934, as amended.1 In this application, the Applicants seek Commission
approval to assign six D block and five E block licenses in the Lower 700 MHz band from Qualcomm to
AT&T Mobility. AT&T Mobility is an indirect, wholly-owned subsidiary of AT&T Inc. (collectively,
with its subsidiaries and affiliates, "AT&T").
The Applicants state that this transaction will enable AT&T to repurpose Qualcomm's
underutilized Lower 700 MHz D and E block spectrum for the implementation of cutting-edge broadband
services that are most demanded by customers. The Applicants state that AT&T plans to use
supplemental downlink technology (also referred to as carrier aggregation technology) to couple this
unpaired spectrum with paired spectrum that AT&T already holds. Once compatible handsets and
network equipment are developed, this will, according to the Applicants, allow AT&T to provide a more
robust wireless broadband service over its new LTE network.
The licenses at issue cover more than 300 million people nationwide. Specifically, Qualcomm
holds the Lower 700 MHz D and E block licenses (6 megahertz each) in five of the top 15 metropolitan
areas (New York, Boston, Philadelphia, Los Angeles, and San Francisco), covering more than 70 million
people. Qualcomm also holds Lower 700 MHz D block licenses that cover more than 230 million people
across the rest of the United States. Preliminary review of the application indicates that in various license
areas, post-transaction AT&T would hold between 6 and 80 megahertz of spectrum below 1 GHz.2
1 47 U.S.C. 310(d).
2 This calculation of spectrum below 1 GHz takes into account AT&T's pending applications to acquire Lower 700
MHz C block licenses from D&E Investments, Inc. (FCC File No. 0004448347), a 25 megahertz cellular license
from Commnet of Florida LLC (FCC File No. 0004541107), Lower 700 MHz B and C block licenses from Whidbey
II.
SECTION 310(d) APPLICATION
The application for consent to the full assignment of the lower 700 MHz band licenses fromQualcomm to AT&T Mobility has been assigned the following file number:
File No.
Licensee/Assignor
Assignee
Lead Call Sign
0004566825Qualcomm Incorporated
AT&T Mobility Spectrum LLC
WPWU989
III.
EX PARTE STATUS OF THIS PROCEEDING
Pursuant to Section 1.1200(a) of the Commission's rules,3 the Commission may adopt modifiedor more stringent ex parte procedures in particular proceedings if the public interest so requires.4 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 statement
reemphasizing the public's responsibility in permit-but-disclose proceedings and 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 We urge parties to use the Electronic Comment Filing System ("ECFS") to file ex
parte submissions.9
IV.
GENERAL INFORMATION
The assignment application referenced herein has been found, upon initial review, to beacceptable 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. Final action on this application will not be taken earlier than thirty-one days following the date
of this Public Notice.10
Telephone Company (FCC File No. 0004544869), and a 25 megahertz cellular license from Lamar County Cellular,
Inc. (FCC File No. 0004341633).
3 47 C.F.R. 1.1200(a).
4 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission's rules
on ex parte presentations. Amendment of the Commission's Ex Parte Rules and Other Procedural Rules, GC Dkt.
No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011). The
revised rules will become effective 30 days after they are published in the Federal Register.
5 Id. 1.1206.
6 See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
7 See 47 C.F.R. 1.1206(b)(2).
8 Id. 1.1206(b).
9 See discussion infra Part IV.
10 See 47 U.S.C. 309(b).
2
Interested parties must file petitions to deny no later than March 11, 2011. 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 21, 2011. Replies to such pleadings must be filed no
later than March 28, 2011. All filings concerning matters referenced in this Public Notice should refer to
DA 11-252 and WT Docket No. 11-18, as well as ULS File No. 0004566825.
Under the Commission's current procedures for the submission of filings and other documents,11
submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the
Commission.
If filed by ECFS
,12 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 Street, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau
(WTB), at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and
Competition Policy Division, WTB, at catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and
(4) Jim Bird, Office of General Counsel, at jim.bird@fcc.gov or (202) 418-1234 (facsimile).
Copies of the application 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 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
application is also available electronically through ECFS, which may be accessed on the Commission's
Internet website at http://www.fcc.gov. In addition, the application is available electronically through
ULS, which may be accessed on the Commission's Internet website. To request materials in accessible
11 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
12 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
3
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.
For further information, contact Kathy Harris, Mobility Division, WTB, at (202) 418-0609, or
Kate Matraves, Spectrum and Competition Policy Division, WTB, at (202) 418-7878.
-FCC-
4
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