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AT&T, Peregrine Spectrum Assignment Applications Accepted for Filing

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Released: October 9, 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 12-1606


Released: October 9, 2012


AT&T MOBILITY SPECTRUM LLC, AT&T MOBILITY PUERTO RICO INC.,

AND

PEREGRINE SPECTRUM LLC SEEK FCC CONSENT TO THE ASSIGNMENT OF

THREE LOWER 700 MHZ BAND B BLOCK LICENSES


ULS File Nos. 0005346108 and 0005346131


PLEADING CYCLE ESTABLISHED


Petitions to Deny Due:

October 23, 2012

Oppositions Due:


November 2, 2012

Replies

Due:

November
9,
2012

I. INTRODUCTION


AT&T Mobility Spectrum LLC (“AT&T Mobility”) and AT&T Mobility Puerto Rico Inc.
(“AT&T Puerto Rico”), both indirect wholly-owned subsidiaries of AT&T Inc. (collectively, “AT&T”),
and Peregrine Spectrum LLC (“Peregrine”) (collectively, “the Applicants”) have filed applications
pursuant to Section 310(d) of the Communications Act of 1934, as amended,1 seeking to assign three
Lower 700 MHz Band B Block licenses from Peregrine to AT&T Mobility. The Applicants state that the
additional spectrum will 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 three Cellular Market Areas (“CMAs”) in Florida, Minnesota, and Puerto Rico.

Preliminary review of the applications indicates that in the counties (i.e., Flagler and Putnam
counties) comprising CMA 364 – Florida 5-Putnam, AT&T would hold, post-transaction, 80 megahertz
of spectrum below 1 GHz.

II.

SECTION 310(d) APPLICATIONS

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

File No.

Licensee/Assignor

Assignee

Lead Call Sign


0005346108
Peregrine Spectrum LLC
AT&T Mobility Spectrum LLC
WQKH486
0005346131
Peregrine Spectrum LLC
AT&T Mobility Puerto Rico Inc.
WQKH488


1 47 U.S.C. § 310(d).

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

October 23, 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 2, 2012

. Replies to such pleadings must be filed no
later than

November 9, 2012

. All filings concerning matters referenced in this Public Notice should refer
to ULS File Nos. 0005346108 and/or 0005346131 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.


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.

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).
8 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, 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 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 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-
3


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