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Comment Sought on AT&T Waiver Requests for Cellular SAB Extensions

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Released: February 5, 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 13-44

Released: February 5, 2013

COMMENT SOUGHT ON AT&T REQUESTS FOR WAIVER OF CELLULAR LICENSE

APPLICATION RULES CONCERNING SERVICE AREA BOUNDARY EXTENSIONS

WT Docket No. 13-10

Comment Date: February 20, 2013
Reply Comment Date: March 6, 2013

By this Public Notice, the Wireless Telecommunications Bureau (“Bureau”) seeks
comment on multiple requests for waiver of Sections 1.923(a)1 and 22.911(d)2 of the
Commission’s Rules, filed by AT&T Mobility, LLC, a subsidiary of AT&T, Inc. (“AT&T”).3
We have received numerous applications seeking to modify existing cellular facilities licensed to
AT&T.4 Each modification application involves at least one cell site with an associated SAB
extension that either already overlaps or is proposed to overlap at least one existing CGSA of a
neighboring cellular licensee on the same channel block. AT&T does not, however, have in
hand all the requisite SAB extension agreements. AT&T asserts that it has pursued negotiations
with the neighboring licensees, some resulting in an impasse (Group I applications), others with
promise of success but no resolution thus far (Group II applications).5 AT&T has filed a Petition
for Waiver (“Waiver Request”) with each of these applications seeking permission to continue to


1 47 C.F.R. § 1.923(a). Section 1.923(a) establishes a requirement that wireless radio service applications include
“all information requested on the applicable form and any additional information required by . . . any rules
pertaining to the specific service for which the application is filed.”
2 47 C.F.R. § 22.911(d). Section 22.911(d) prohibits a cellular licensee from commencing operation of any facility
that would cause a service area boundary (“SAB”) “to overlap the existing [Cellular Geographic Service Area
(“CGSA”)] of another cellular system on the same channel block, without first obtaining the written consent of the
licensee of that system.” Section 22.911(d) permits continued operation of “existing facilities that produce an SAB
overlapping a subsequently-authorized portion of the CGSA of another cellular system on the same channel block
until the licensee of that system requests that the SAB be removed from its CGSA.”
3 For the purposes of this proceeding, we use the term “AT&T” herein to include all entities controlled by AT&T,
Inc. that hold the licenses at issue.
4 See Appendices I and II, attached.
5 AT&T reports that the majority of SAB negotiations for applications involve proposed extensions (notably in
Group I), but some involve extensions “that have existed without complaint or concern, such as may occur when
AT&T seeks to document prior consents for which the written agreement cannot be found and is unable to confirm
that the overlap occurs in an area that was subsequently-authorized for the affected licensee.” Group I Waiver
Request at 4. See also Group II Waiver Request at 3.

extend its existing SABs into the CGSAs of the affected neighboring licensees and to file all the
applications without having the extension agreements in hand.6 Because the rule sections at
issue and AT&T’s key arguments in support of the Waiver Requests are identical for every
application, the Bureau is consolidating its review of the Waiver Requests and seeking comment
on all of them through this Public Notice. Parties are asked to specify the AT&T application(s)
(by FCC file number and call sign(s)) to which their comments pertain. Certain particulars of the
Waiver Requests are outlined below.
For each application in Group I, AT&T’s Petition for Waiver (“Group I Waiver
Request”) contends that, despite AT&T’s repeated negotiation efforts regarding its SAB
extensions, it has not been able to reach agreement with the following four licensees:7 C-Spire,
including its affiliates (collectively “C-Spire”); East Kentucky Network, LLC d/b/a Appalachian
Wireless (“EKN”); NE Colorado Cellular, Inc. (“NE Colorado Cellular”); and Wilkes Cellular,
Inc. (“Wilkes”). AT&T describes the SAB overlaps at issue and proffers narrative summaries as
well as exhibits with detailed chronologies of its communications with each of these four
licensees, including the purported responses from each of them.8
For Group II, AT&T’s Petition for Waiver (“Group II Waiver Request”) claims that the
modification applications reflect “existing SAB extensions that AT&T continues to negotiate . . .
,” and adds that it “does not contemplate that any technical issues will impede the execution of
[the] agreements.”9 AT&T states that it has filed the subject applications while negotiations are
still ongoing “in an attempt to get the cellular licenses updated as quickly as possible.”10 The
neighboring licensees involved in the Group II applications are: Verizon Wireless, including
entities it controls (collectively, “Verizon Wireless”); Broadpoint License Co. (“Broadpoint”);
and Smith Bagley, Inc. (“Smith Bagley”).

Procedural Matters

Comments on the request are due no later than February 20, 2013. Reply comments
are due no later than March 6, 2013. All filings should reference the docket number of this
proceeding,

WT 13-10.

This proceeding has been designated as a “permit-but-disclose” proceeding in accordance
with the Commission's ex parte rules.11 Persons making ex parte presentations must file a copy


6 The Commission may grant a waiver if (1) the underlying purpose of the rule would not be served or would be
frustrated by application to the instant case, and that grant of the waiver would be in the public interest, or (2)
because of unique or unusual factual circumstances, application of the rule would be inequitable, unduly
burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. 47 C.F.R. § 1.925(b).
7 Group I Waiver Request at 4.
8 See id. at 5-8 and Exhs. B (NE Colorado Cellular), C (Wilkes), D (EKN), and E (C-Spire).
9 Group II Waiver Request at 1, 4.
10 Id. at 3.
11 See 47 C.F.R. §§ 1.1200(a), 1.1206.
2

of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing
the presentation must (1) list all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data presented and arguments
made during the presentation. If the presentation consisted in whole or in part of the presentation
of data or arguments already reflected in the presenter’s written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such data or arguments in his or
her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph
numbers where such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the electronic comment filing
system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml,
.ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the
Commission’s ex parte rules.
Comments may be filed using the Commission's Electronic Comment Filing System
(ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an
electronic file via the Internet to http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking numbers appear in the
caption of this proceeding, however, commenters must transmit one electronic copy of the
comments to each docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number. Parties may also submit an electronic
comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the
message, “get form.” A sample form and directions will be sent in reply.
Parties who choose to file by paper must file an original and one copy of each filing. If
more than one docket or rulemaking number appears in the caption of this proceeding,
commenters must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
· Effective December 28, 2009, all hand-delivered paper filings for the
Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St.,
S.W., Room TW-A325, Washington, DC 20554. All hand deliveries must be held
together with rubber bands or fasteners. Envelopes must be disposed of before
entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m.
3

PLEASE NOTE:

The Commission’s former filing location at 236 Massachusetts
Ave., N.E. is permanently closed.
· 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 mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, S.W., Washington, DC 20554.
Parties are requested to send one copy of their comments and reply comments to Best
Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC
20554, (800) 378-3160, e-mail FCC@BCPIWEB.com.
The request, and comments and reply comments filed in response to this Public Notice
are available for viewing via the Commission's Electronic Comment Filing System (ECFS) by
entering the docket number,

WT 13-10

. The documents also will be available for public
inspection and copying during business hours in the FCC Reference Information Center, Portals
II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. They may also be purchased
from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, TTY
(202) 488-5562, e-mail FCC@BCPIWEB.com.
Alternate formats of this Public Notice (computer diskette, large print, audio recording,
and Braille) are available to persons with disabilities by contacting the Consumer &
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-
mail to fcc504@fcc.gov.
For further information, contact Ms. Nina Shafran of the Mobility Division, Wireless
Telecommunications Bureau, at (202) 418-2781 or via e-mail at nina.shafran@fcc.gov.
Action by the Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
4

Appendix I

Group I Applications

(See Group I Waiver Request, Appendix A)

C-Spire

Application

AT&T

AT&T

Block

AT&T

Neighbor

Neighbor

Neighbor

File No.

Call Sign

CMA No.

CMA Name

Call Sign

CMA No.

CMA Name

4432369
KNKA262
CMA041
B
Birmingham
KNKN904
CMA307
AL 1 - Franklin
4353129
KNKA392
CMA120
B
Huntsville
KNKN904
CMA307
AL 1 - Franklin
4353137
KNKA403
CMA106
B
Jackson
KNKN995
CMA497
MS 5 - Washington
4361548
KNKN614
CMA460
B
LA 7-West Feliciana
KNKN757
CMA503
MS 11 - Lamar
KNKN644
CMA500
MS 8 - Claiborne
4356579
KNKN761
CMA309
B
AL 3 - Lamar
KNKQ257
CMA498
MS 6- Montgomery
4571996
KNKN878
CMA501
B1
MS 9 - Copiah
KNKQ311
CMA502
MS 10 - Smith
KNKN757
CMA503
MS 11 - Lamar
KNKN644
CMA500
MS 8 - Claiborne
4848163
KNKN961
CMA495
B2
MS 3 - Bolivar
KNKN885
CMA495
MS 3 - Bolivar
4365241
KNKQ269
CMA496
B1
MS 4 - Yalobusha
KNKQ257
CMA498
MS 6- Montgomery
4353773
KNKQ394
CMA496
B2
MS 4 - Yalobusha
KNKN885
CMA495
MS 3 – Bolivar
KNKQ300
CMA493
MS 1 - Tunica
4402257
KNKQ276
CMA307
B2
AL 1 - Franklin
KNKN904
CMA307
AL 1 - Franklin
4595564
KNKQ309
CMA498
B1
MS 6 - Montgomery
KNKQ257
CMA498
MS 6- Montgomery
4353427
KNKQ368
CMA502
B2
MS 10 - Smith
KNKQ311
CMA502
MS 10 - Smith
4345837
KNKQ395
CMA500
B2
MS 8 - Claiborne
KNKN644
CMA500
MS 8 - Claiborne

EKN

Application

AT&T

AT&T

Block

AT&T

Neighbor

Neighbor

Neighbor

File No.

Call Sign

CMA No.

CMA Name

Call Sign

CMA No.

CMA Name

4862565
KNKN791
CMA681
B
VA 1 - Lee
KNKN880
CMA451
KY 9 - Elliott
KNKN809
CMA452
KY 10 - Powell

NE Colorado Cellular

Application

AT&T

AT&T

Block

AT&T

Neighbor

Neighbor

Neighbor

File No.

Call Sign

CMA No.

CMA Name

Call Sign

CMA No.

CMA Name

4360447
KNKA348
CMA019
A
Denver - Boulder
KNKN327
CMA349
CO 2 - Logan
KNKR307
CMA352
CO 5 - Elbert
4352640
KNKA649
CMA243
A
Greeley
KNKN327
CMA349
CO 2 - Logan
4952609
KNKN448
CMA352
A
CO 5 - Elbert
KNKN327
CMA349
CO 2 - Logan
KNKR307
CMA352
CO 5 - Elbert

Wilkes

Application

AT&T

AT&T

Block

AT&T

Neighbor

Neighbor

Neighbor

File No.

Call Sign

CMA No.

CMA Name

Call Sign

CMA No.

CMA Name

4366187
KNKN875
CMA374
B3
GA 4 - Jasper
KNKN874
CMA374
GA 4 - Jasper
4359553
KNKN901
CMA377
B1
GA 7 - Hancock
KNKN874
CMA374
GA 4 - Jasper
4361591
KNKN958
CMA374
B1
GA 4 - Jasper
KNKN874
CMA374
GA 4 - Jasper
5

Appendix II

Group II Applications

(See Group II Waiver Request, Appendix A)

AT&T

AT&T

AT&T

Neighbor

Neighbor

Neighbor

App. No.

Block

Neighbor

Call Sign

CMA No.

CMA Name

Call Sign

CMA No.

CMA Name

4973763
KNKA472
CMA096
A
Fort Wayne, IN
KNKA707
CMA158
Lima, OH
Verizon
KNKN852
CMA588
OH 4-Mercer
Wireless
5029109
KNKA605
CMA285
A
Las Cruces,
KNKA321
CMA081
El Paso, TX
Verizon
NM
WQGM465
CMA555
NM 3-Catron
Wireless
4984411
KNKA686
CMA184
A
Houma
KNKA411
CMA306
Gulf of Mexico
Broadpoint
4857416
KNKA823
CMA207
A
Jackson, MI
KNKA244
CMA005
Detroit/Ann
Verizon
KNKA365
CMA078
Arbor, MI
Wireless
Lansing-E.
Lansing, MI
5029092
KNKN206
CMA322
A
AZ 5–Gila
KNKA340
CMA077
Tucson, AZ
Verizon
KNKR292
CMA077
Tucson, AZ
Wireless
KNKQ379
CMA319
AZ 2-Coconino
5052335
KNKN214
CMA544
A
NV 2-Lander
KNKN224
CMA543
NV 1-Humboldt
Verizon
Wireless
4952600
KNKN283
CMA530
A
MT 8-
KNKR311
CMA720
WY 3-Lincoln
Verizon
Beaverhead
Wireless
5000972
KNKN286
CMA678
A
UT 6-Piute
KNKQ379
CMA319
AZ 2-Coconino
Verizon
Wireless
4917209
KNKN296
CMA405
A
IN 3-Huntington
KNKA707
CMA158
Lima, OH
Verizon
KNKN852
CMA588
OH 4-Mercer
Wireless
4930384
KNKN312
CMA718
A
WY 1-Park
KNKR311
CMA720
WY 3-Lincoln
Verizon
Wireless
5029078
KNKN409
CMA356
A
CO 9-Costilla
KNKA764
CMA241
Pueblo, CO
Verizon
Wireless
4957751
KNKN432
CMA526
A
MT 4-Daniels
KNKR256
CMA525
MT 3 - Phillips
Verizon
Wireless
5069758
KNKN440
CMA408
A
IN 6-Randolph
KNKA344
CMA040
Dayton, OH
Verizon
Wireless
5021516
KNKN270
CMA553
A
NM 1-San Juan
KNKR316
CMA553
NM 1 - San
Smith Bagley
Juan
6

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