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AT&T-T-Mobile AWS and PCS Assignment Applications Accepted for Filing

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Released: July 30, 2014
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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 14-1086

Released: July 30, 2014

AT&T INC. AND T-MOBILE USA, INC. SEEK FCC CONSENT

TO THE ASSIGNMENTS OF ADVANCED WIRELESS SERVICE AND

PERSONAL COMMUNICATIONS SERVICE LICENSES

ULS File Nos. 0006341062, 0006340995, 0006341010, 0006344480, 0006344526, 0006344528,

0006344533, and 0006347935

PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

August 20, 2014

Oppositions Due:

September 2, 2014

Replies Due:

September 9, 2014

I.

INTRODUCTION

AT&T Inc. (“AT&T”) and T-Mobile USA, Inc. (“T-Mobile,” and together with AT&T, the

“Applicants”) have filed applications pursuant to section 310(d) of the Communications Act of 1934, as

amended,1 seeking the simultaneous assignments of Advanced Wireless Service (“AWS-1”) and Personal

Communications Service (“PCS”) licenses by and among certain wholly-owned subsidiaries of AT&T2

and T-Mobile License LLC, a wholly-owned subsidiary of T-Mobile. The proposed assignments involve

only the transfer of spectrum licenses; no customers or networks would be transferred.

The Applicants assert that the instant transaction would allow them to operate more efficiently

due to holding larger blocks of contiguous spectrum and/or aligning spectrum blocks with those already

held in adjacent markets. The Applicants also indicate that the proposed transaction would help AT&T

satisfy certain divestiture obligations that arose from its merger with Leap Wireless International, Inc.3

1 47 U.S.C. § 310(d).

2 The AT&T subsidiaries are: AT&T Mobility Spectrum LLC; Cricket License Company, LLC; and New Cingular

Wireless PCS, LLC.

3 See Applications of Cricket License Company, LLC, et al., Leap Wireless International, Inc., and AT&T Inc. for

Consent to Transfer Control of Authorizations, Application of Cricket License Company, LLC and Leap Licensco

Inc. for Consent to Assignment of Authorization, Memorandum Opinion and Order, 29 FCC Rcd 2735, 2802 ¶ 162

(WTB/IB 2014) (“AT&T-Leap Order”). Specifically, in the proposed transaction, AT&T would assign 10

megahertz of AWS-1 spectrum to T-Mobile in Cellular Market Area (“CMA”) 101 (Beaumont-Port Arthur, TX)

(i.e., 10 megahertz of the 20 megahertz to be divested in that market); 10 megahertz of AWS-1 spectrum in CMA

109 (Spokane, WA); 10 megahertz of AWS-1 spectrum in CMA 112 (Corpus Christi, TX); 10 megahertz of AWS-1

spectrum in CMA 128 (McAllen-Edinburg-Mission, TX); 10 megahertz of AWS-1 spectrum in CMA 162

(Brownsville-Harlingen, TX); 10 megahertz of AWS-1 spectrum in CMA 432 (Kansas 5 – Brown (Atchison,

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Preliminary review of the applications indicates that spectrum would be assigned in 76 counties

covering all or parts of 25 CMAs. T-Mobile would exchange or be assigned 5 to 10 megahertz of PCS

spectrum in 20 counties in all or parts of seven CMAs, and 10 megahertz of AWS-1 spectrum in 22

counties in all or part of eight CMAs. Post-transaction, T-Mobile would hold 40 to 102 megahertz of

spectrum in total in these counties in these CMAs. AT&T would exchange or be assigned 5 to 20

megahertz of PCS spectrum in 31 counties in all or parts of 14 CMAs, and 10 to 20 megahertz of AWS-1

spectrum in 19 counties covering three CMAs. Post-transaction, AT&T would hold 86 to 170 megahertz

of spectrum in total in these counties in these CMAs.

II.

SECTION 310(d) APPLICATIONS

The applications for the assignment of licenses have been assigned the following file numbers:

File No.

Licensee/Assignor

Assignee

Lead Call Sign

0006341062

4

T

-Mobile License LLC

AT&T Mobility Spectrum LLC

WPOL281

0006340995

T

-Mobile License LLC

Cricket License Company, LLC

KNLF561

0006341010

T

-Mobile License LLC

AT&T Mobility Spectrum LLC

KNLF983

0006344480

AT&T Mobility

Spectrum LLC

T-Mobile License LLC

WQMJ747

0006344526

New Cingular Wireless PCS, LLC

T-Mobile License LLC

KNLG416

0006344528

New Cingular Wireless PCS, LLC

T-Mobile License LLC

KNLF205

0006344533

Cricket License Company, LLC

T-Mobile License LLC

KNLF914

0006347935

AT&T

Mobility Spectrum LLC

T-Mobile License LLC

WQGA777

III.

EX PARTE STATUS OF THIS PROCEEDING

Pursuant to section 1.1200(a) of the Commission’s rules,5 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.6

Parties making oral ex parte presentations are directed to the Commission’s ex parte rules.

Parties are reminded that memoranda summarizing the presentation must contain the presentation’s

substance and not merely list the subjects discussed.7 More than a one- or two-sentence description of the

Doniphan, and Leavenworth counties)). In addition, consistent with AT&T’s divestment commitment reflected in

the AT&T-Leap Order, AT&T would assign 10 megahertz of PCS spectrum instead of AWS-1 spectrum as

substitute spectrum in two markets – CMA 281 (Laredo, TX) and CMA 669 (Texas 18 – Edwards).

4 The Applicants have designated ULS File No. 0006341062 as the lead application.

5 47 C.F.R. § 1.1200(a).

6 47 C.F.R. § 1.1206.

7 See 47 C.F.R. § 1.1206(b)(1).

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views and arguments presented is generally required.8 Other rules pertaining to oral and written

presentations are set forth in section 1.1206(b) as well.9

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 August 20, 2014. 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 September 2, 2014. Replies to such pleadings must be filed no

later than September 9, 2014. All filings concerning matters referenced in this Public Notice should refer

to ULS File Nos. 0006341062, 0006340995, 0006341010, 0006344480, 0006344526, 0006344528,

0006344533, and/or 0006347935, 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.10 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,11

submissions in this matter may be filed electronically through the Commission’s Universal Licensing

System (“ULS”) or by hand delivery to the Commission.

To file electronically, visit the ULS web site at http://wireless.fcc.gov/uls/ and click on the

“Submit a Pleading” link, complete the administrative information, and upload your pleading.

To file 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., 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.

8 See id.

9 47 C.F.R. § 1.1206(b).

10 See 47 C.F.R. § 1.45(c).

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

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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).

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 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-

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