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AT&T, T-Mobile 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 12-1605

Released: October 9, 2012


AT&T, T-MOBILE, AND COOK INLET SEEK FCC CONSENT TO THE

ASSIGNMENT OF PCS LICENSES AND AN AWS-1 LICENSE


ULS File Nos. 0005339993, 0005340212, 0005340222, 0005340513, 0005340585, 0005340649,

0005342506, 0005342514, 0005342520, 0005342527, 0005342528, 0005342676, 0005342680, and
0005342696

PLEADING CYCLE ESTABLISHED


Petitions to Deny Due:

October 23, 2012

Oppositions Due:


November 2, 2012

Replies

Due:

November
9,
2012

I. INTRODUCTION


AT&T, Inc., by its subsidiaries AT&T Mobility Spectrum LLC, New Cingular Wireless PCS,
LLC, and Florida RSA No. 2B (Indian River) Limited Partnership (collectively, “AT&T”),1 T-Mobile
USA, Inc., by its subsidiaries T-Mobile License LLC, T-Mobile Puerto Rico LLC, SunCom Wireless
License Company, LLC, and Powertel Memphis Licenses, Inc. (collectively, “T-Mobile”),2 and Cook
Inlet/VS GSM VII PCS, LLC (“Cook Inlet”)3 (collectively, AT&T, T-Mobile, and Cook Inlet comprise
the “Applicants”) have filed applications (“Applications”) pursuant to Section 310(d) of the
Communications Act of 1934, as amended,4 seeking consent to assign to each other a number of Personal
Communications Service (“PCS”) licenses and an Advanced Wireless Service (“AWS-1”) license.

The Applicants5 describe the proposed transaction as including license exchanges that will, in
some markets, result in larger blocks of contiguous spectrum and/or the alignment of spectrum blocks

1 AT&T Mobility Spectrum LLC and New Cingular Wireless PCS, LLC are both wholly-owned subsidiaries of
AT&T, Inc. AT&T, Inc. controls and holds an 86.3 percent partnership interest in Florida RSA No. 2B (Indian
River) Limited Partnership.
2 T-Mobile License LLC, T-Mobile Puerto Rico LLC, SunCom Wireless License Company, LLC, and Powertel
Memphis Licenses, Inc. all are wholly-owned subsidiaries of T-Mobile USA, Inc.
3 Cook Inlet is ultimately controlled by Cook Inlet Region, Inc., an Alaska Native Corporation. T-Mobile holds an
approximate 66 percent indirect ownership interest in Cook Inlet.
4 47 U.S.C. § 310(d).
5 According to the Applications, foreign entities and persons, through Deutsche Telekom AG (“DT”), hold 100
percent of the attributable ownership interests in T-Mobile USA. The Applicants state that the Commission has
previously authorized, pursuant to Section 310(b)(4) of the Communications Act, up to 100 percent indirect foreign
investment in T-Mobile USA and its licensee subsidiaries (including T-Mobile) by DT and its German shareholders,

held in adjacent markets, and in other markets, augment the spectrum holdings of the proposed assignee.
The Applicants further state that the assignments therefore will allow the assignees to make more efficient
use of the spectrum and offer improved services to the public across the country.

Preliminary review of the applications indicates that the proposed transaction would result in the
assignment and/or exchange of PCS and AWS-1 spectrum in 55 Cellular Market Areas (“CMAs”) in 17
states. Specifically, AT&T would acquire and/or receive in an exchange 5 to 20 megahertz of PCS
spectrum in 54 CMAs. T-Mobile would acquire and/or receive in an exchange 10 to 20 megahertz of
PCS spectrum in 43 CMAs. Our preliminary review further indicates that in 35 CMAs, AT&T and T-
Mobile would exchange equal amounts of PCS spectrum; in 12 CMAs, AT&T would gain 10 megahertz
of PCS spectrum; and in 8 CMAs, T-Mobile would gain 5 to 10 megahertz of PCS spectrum as a result of
the proposed transaction. Finally, T-Mobile would also acquire 10 megahertz of AWS-1 spectrum in 1
CMA (CMA 109 – Spokane, WA).

II.

SECTION 310(d) APPLICATIONS

The following applications for consent to the assignment or transfer of PCS and AWS licenses
have been assigned the following file numbers:



Lead Call

File No.

Licensee/Assignor

Assignee

Sign


00053399936 T-Mobile License LLC
New Cingular Wireless PCS, LLC
KNLF482
0005340212 T-Mobile License LLC
New Cingular Wireless PCS, LLC
KNLF480
0005340513 SunCom Wireless License Company, LLC New Cingular Wireless PCS, LLC
WPOI205
0005340585 T-Mobile Puerto Rico LLC
New Cingular Wireless PCS, LLC
WQBN424
0005340649 Powertel Memphis Licenses, Inc.
New Cingular Wireless PCS, LLC
KNLG925
0005342506 New Cingular Wireless PCS, LLC
T-Mobile License LLC
KNLG404
0005342514 New Cingular Wireless PCS, LLC
T-Mobile License LLC
KNLG554
0005342520 New Cingular Wireless PCS, LLC
Cook Inlet/VS GSM VII PCS, LLC KNLG459
0005342527 New Cingular Wireless PCS, LLC
Powertel Memphis Licenses, Inc.
WPOK615
0005342528 New Cingular Wireless PCS, LLC
Powertel Memphis Licenses, Inc.
KNLG230
0005342676 Florida RSA No. 2B (Indian River) Limited T-Mobile License LLC
WQFU957

Partnership



including interests held by the German government through its investment in DT. See Applications, Exhibit 1,
Description of Transaction and Public Interest Statement (“Public Interest Statement”) at 9-10 (citing VoiceStream-
DT Order
, 16 FCC Rcd 9779 (2001)). The foreign ownership ruling issued in the VoiceStream-DT Order was
extended in 2006 to cover licenses in the Advanced Wireless Services. See Public Notice, International
Authorizations Granted, 21 FCC Rcd 14062 (IB rel. Nov. 30, 2006). T-Mobile requests that the Commission
condition its grant of the assignment applications to T-Mobile on compliance with the provisions of the National
Security Agreement (NSA) entered into on January 12, 2001, as amended, between DT and the Department of
Justice, the Federal Bureau of Investigation and the Department of Homeland Security, which is appended to the
VoiceStream-DT Order, 16 FCC Rcd 9779. See Public Interest Statement at 11-12. See also T-Mobile-Suncom
Order
, 23 FCC Rcd 2515 (2008) (appending the NSA amendment).
6 The Applicants have designated this application as the lead application.
2





Lead Call

File No.

Licensee/Assignor

Assignee

Sign


0005342680 AT&T Mobility Spectrum LLC
T-Mobile License LLC
WQGA788
0005342696 Cook Inlet/VS GSM VII PCS, LLC
New Cingular Wireless PCS, LLC
WQCX681

III.

EX PARTE

STATUS OF THIS PROCEEDING


Pursuant to Section 1.1200(a) of the Commission’s rules,7 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.8

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.9 More than a one- or two-sentence description of the
views and arguments presented is generally required.10 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.11

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. 0005339993 (lead), 0005340212, 0005340222, 0005340513, 0005340585, 0005340649,
0005342506, 0005342514, 0005342520, 0005342527, 0005342528, 0005342676, 0005342680, and/or
0005342696 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.12 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


7 47 C.F.R. § 1.1200(a).
8 47 C.F.R. § 1.1206.
9 See 47 C.F.R. § 1.1206(b)(1).
10 See id.
11 See 47 C.F.R. § 1.1206(b).
12 See 47 C.F.R. § 1.45(c).
3


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,13
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) 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).
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 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 email: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-0432.

13 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
4


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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