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Order Denying Extension in Verizon Wireless SpectrumCo Cox Transaction

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Released: July 6, 2012

Federal Communications Commission

DA 12-1087

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Application of Cellco Partnership d/b/a
) WT Docket No. 12-4
Verizon Wireless and SpectrumCo LLC
)
For Consent To Assign Licenses
)
)

Application of Cellco Partnership d/b/a
)
Verizon Wireless and Cox TMI Wireless, LLC
)
For Consent To Assign Licenses
)

ORDER

Adopted: July 6, 2012

Released: July 6, 2012

By the Senior Deputy Chief, Wireless Telecommunications Bureau:
1. On July 5, 2012, Public Knowledge and the Rural Telecommunications Group, Inc. (“RTG”)
filed a Motion for Extension of Time (the “Motion”) for parties to file comments on the impact in this
proceeding of applications proposing certain spectrum swaps between Cellco Partnership d/b/a Verizon
Wireless (“Verizon Wireless”) and T-Mobile License LLC (“T-Mobile”). On July 6, 2012, Verizon
Wireless, SpectrumCo LLC (“SpectrumCo”),1 and Cox TMI Wireless, LLC (“Cox”)2 (collectively the
“Opponents”) filed an Opposition to the Motion (the “Opposition”). For the reasons stated below, we
deny the Motion.
2. In this proceeding, the Commission is considering applications in which Verizon Wireless
seeks Commission consent to assignment of Advanced Wireless Services (“AWS-1”) licenses from
SpectrumCo and Cox to Verizon Wireless (“Verizon Wireless/SpectrumCo/Cox Applications”). On June
25, 2012, Verizon Wireless and T-Mobile filed five applications requesting Commission approval for the
full and partial assignments of AWS-1 licenses by and between T-Mobile and Verizon Wireless (“T-
Mobile/Verizon Wireless Applications”). The T-Mobile/Verizon Wireless Applications are under
consideration in WT Docket No. 12-175.3 On June 26, 2012, the Wireless Telecommunications Bureau
issued a Public Notice (“Comment PN”) establishing a 14-day period in which parties could comment on
the impact of the T-Mobile/Verizon Wireless Applications on the transactions that are the subject of the


1 SpectrumCo is a joint venture among subsidiaries of Comcast Corp. (“Comcast”), Time Warner Cable Inc. (“Time
Warner Cable”), and Bright House Networks, LLC (“Bright House”). SpectrumCo is owned by Comcast (63.6
percent), Time Warner Cable (31.2 percent), and Bright House (5.3 percent). See File No. 0004993617, Public
Interest Statement at 2.
2 Cox TMI Wireless, LLC is a subsidiary of Cox Communications, Inc. See File No. 0004996680, Public Interest
Statement at 2.
3 See Cellco Partnership d/b/a Verizon Wireless and T-Mobile License LLC Seek FCC Consent to the Assignment
of Advanced Wireless Service Licenses, WR Docket No. 12-175, Public Notice, DA 12-999 (rel. June 26, 2012)
(“Verizon/T-Mobile PN”). The Verizon/T-Mobile PN established the pleading cycle for that proceeding, pursuant
to which petitions to deny are due July 10, 2012, oppositions to petitions are due July 17, 2012, and replies to
oppositions are due July 24, 2012.

Federal Communications Commission

DA 12-1087

Verizon Wireless/SpectrumCo/Cox Applications.4 Pursuant to the Comment PN, comments are due no
later than July 10, 2012.
3. In the Motion, Public Knowledge and RTG request an extension of time until July 24, 2012
to file comments.5 They argue that given the complicated nature of the intertwined transactions under
review in these two dockets, the oppositions to any petitions to deny that they expect Verizon Wireless
and T-Mobile to file are likely to be highly relevant to consideration of the impact of the T-
Mobile/Verizon Wireless Applications on the Verizon Wireless/SpectrumCo/Cox transactions. They urge
that allowing the parties to see and consider such oppositions will allow for more comprehensive
comments in the instant proceeding.6 Additionally, Public Knowledge and RTG claim that the 14-day
comment period, which includes the July 4th holiday, places a considerable burden on them and similarly
situated parties, citing limited availability of personnel. In addition, RTG, a trade association, cites the
necessity of obtaining input from members, many of whom, they assert, are focused on preparing for a
July 11, 2012 deadline in an upcoming Commission auction.7
4. Verizon Wireless, SpectrumCo, and Cox assert that an extension of time is unnecessary and
would delay benefits to the public that would result from the proposed Verizon
Wireless/SpectrumCo/Cox transactions.8 In addition, the Opponents assert that the T-Mobile/Verizon
Wireless Applications do not create any new spectrum aggregation concerns that could be credibly raised
as a basis to delay the comment date established by the Comment PN.9 The Opponents also state that
Public Knowledge and RTG can respond to oppositions to any petitions to deny the T-Mobile/Verizon
Wireless Applications under the pleading cycle established for WT Docket No. 12-175.10
5. It is the Commission’s policy that extensions of time are not routinely granted.11 We are not
persuaded, under the circumstances outlined in the Motion, that Public Knowledge and RTG have shown
good cause that granting the Motion for an extension of time would serve the public interest. The
Commission has an obligation to review the transactions proposed in the Verizon
Wireless/SpectrumCo/Cox Applications as expeditiously as possible, consistent with the public interest.12
We note that the Comment PN indicated that commenters “should focus on any impact of those newly
filed applications on the spectrum aggregation issues raised in the context of this docket, and not repeat
arguments already raised.”13 Moreover, Public Knowledge and RTG, along with any other interested
parties, will have the opportunity to address any Verizon Wireless and T-Mobile oppositions to petitions
to deny in Docket No. 12-175 by filing replies to such oppositions, which are not due until July 24, 2012.


4 See Wireless Telecommunications Bureau Seeks Comment on the Impact on the Verizon Wireless-SpectrumCo
and Verizon Wireless-Cox Transactions of the Applications of Verizon Wireless and T-Mobile to Assign AWS-1
Licenses, WT Docket No. 12-4, Public Notice, DA 12-998 (rel. June 26, 2012).
5 See Motion at 1.
6 See id. at 2.
7 See id. at 1 n.1, 2, 3.
8 See Opposition at 1.
9 See id. at 2.
10 See id. at 3.
11 See 47 C.F.R. § 1.46(a).
12 We note that we issued a letter on June 26, 2012 stopping for 14 days the Commission's informal 180-day clock
for the proposed Verizon Wireless/SpectrumCo/Cox transactions in WT Docket 12-4. See Letter from Rick Kaplan,
Federal Communications Commission, Senior Counsel to the Chairman for Transactions to Michael Samsock,
Verizon Wireless, David Don, SpectrumCo, LLC, Lynn Charytan, Comcast Corporation, Steven Teplitz, Time
Warner Cable Inc., Cody Harrison, Sabin, Bermant & Gould LLP, Bright House Networks, LLC, and Jennifer
Hightower, Cox TMI Wireless, LLC, WT Docket No. 12-4 (June 26, 2012).
13 Comment PN at 2.
2

Federal Communications Commission

DA 12-1087

In addition, we note that parties may make ex parte filings at any time under the permit-but-disclose
procedures established in the instant docket.14
6. ACCORDINGLY, pursuant to the authority contained in sections 4(i)–(j) and 5(c) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)–(j), 155(c), IT IS ORDERED THAT the
motion by Public Knowledge and RTG for extension of time in the above-captioned proceeding IS
DENIED.
7. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
Commission's Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
James D. Schlichting
Senior Deputy Chief, Wireless Telecommunications Bureau


14 See Cellco Partnership d/b/a Verizon Wireless, SpectrumCo, LLC and Cox TMI Wireless, LLC Seek FCC
Consent to Assignment of AWS-1 Licenses, WT Dkt. 12-4, Public Notice, 27 FCC Rcd 360, 362 (Jan. 19, 2012).
3

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