NEW CINGULAR WIRELESS PCS, LLC AND D&E INVESTMENTS, INC. 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
(collectively, "the Applicants") have filed an application pursuant to Section 310(d) of the
Communications Act of 1934, as amended,1 seeking to assign six lower 700 MHz band licenses from
D&E to New Cingular. New Cingular is an indirect, wholly-owned subsidiary of AT&T Inc. ("AT&T"),
and D&E is a wholly-owned subsidiary of Windstream Corporation. 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 the Lancaster, PA, Reading, PA, Altoona, PA, Williamsport, PA, State College, PA, and
Pennsylvania 12-Lebanon CMAs.
Preliminary review of the application indicates that in three of the CMAs Lancaster, PA,
Reading, PA, and Williamsport, PA AT&T would hold, post-transaction, 49 megahertz of spectrum
below 1 GHz. In addition, in those same three CMAs, post-transaction, only AT&T and Verizon
Wireless would hold paired spectrum below 1 GHz (excluding lower 700 MHz D block and SMR
spectrum).
D&E or New Cingular has been assigned the following file number:
New Cingular Wireless PCS, LLC
WPWV360
1 47 U.S.C. 310(d).
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 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.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
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 January 19, 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 January 31, 2011. Replies to such pleadings must be filed no
later than February 7, 2011. All filings concerning matters referenced in this Public Notice should refer
to ULS File No. 0004448347.
Under the Commission's current procedures for the submission of filings and other documents,7
submissions in this matter may be filed electronically (i.e., though the Commission's Universal Licensing
System ("ULS")) or by hand delivery to the Commission.
https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp.
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, DC 20554.
The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
2 47 C.F.R. 1.1200(a).
3 Id. 1.1206.
4 See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
5 See 47 C.F.R. 1.1206(b)(2).
6 Id. 1.1206(b).
7 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
2
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 jim.bird@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 e-mail 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 e-mail: 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) 418-7878.
-FCC-
3
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
DA 11-10
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.govReleased: January 5, 2011
NEW CINGULAR WIRELESS PCS, LLC AND D&E INVESTMENTS, INC. SEEK FCC
CONSENT TO THE ASSIGNMENT OF LOWER 700 MHZ BAND LICENSES
ULS File No. 0004448347
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due:
January 19, 2011
Oppositions Due:
January 31, 2011
Replies Due:
February 7, 2011
I.
INTRODUCTION
New Cingular Wireless PCS, LLC ("New Cingular") and D&E Investments, Inc. ("D&E")(collectively, "the Applicants") have filed an application pursuant to Section 310(d) of the
Communications Act of 1934, as amended,1 seeking to assign six lower 700 MHz band licenses from
D&E to New Cingular. New Cingular is an indirect, wholly-owned subsidiary of AT&T Inc. ("AT&T"),
and D&E is a wholly-owned subsidiary of Windstream Corporation. 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 the Lancaster, PA, Reading, PA, Altoona, PA, Williamsport, PA, State College, PA, and
Pennsylvania 12-Lebanon CMAs.
Preliminary review of the application indicates that in three of the CMAs Lancaster, PA,
Reading, PA, and Williamsport, PA AT&T would hold, post-transaction, 49 megahertz of spectrum
below 1 GHz. In addition, in those same three CMAs, post-transaction, only AT&T and Verizon
Wireless would hold paired spectrum below 1 GHz (excluding lower 700 MHz D block and SMR
spectrum).
II.
SECTION 310(d) APPLICATION
The application for consent to the full assignment of the six lower 700 MHz band licenses fromD&E or New Cingular has been assigned the following file number:
File No.
Licensee/Assignor
Assignee
Lead Call Sign
0004448347 D&E Investments, Inc.New Cingular Wireless PCS, LLC
WPWV360
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 modifiedor 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 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.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 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.
Interested parties must file petitions to deny no later than January 19, 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 January 31, 2011. Replies to such pleadings must be filed no
later than February 7, 2011. All filings concerning matters referenced in this Public Notice should refer
to ULS File No. 0004448347.
Under the Commission's current procedures for the submission of filings and other documents,7
submissions in this matter may be filed electronically (i.e., though the Commission's Universal Licensing
System ("ULS")) or by hand delivery to the Commission.
If filed by ULS
, pleadings may be filed viahttps://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 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 St., SW, Room TW-A325, Washington, DC 20554.
The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
2 47 C.F.R. 1.1200(a).
3 Id. 1.1206.
4 See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
5 See 47 C.F.R. 1.1206(b)(2).
6 Id. 1.1206(b).
7 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
2
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 jim.bird@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 e-mail 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 e-mail: 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) 418-7878.
-FCC-
3
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