Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Order Extending Pleading Cycle for Verizon/leap Wireless Transaction

Download Options

Released: December 30, 2011

Federal Communications Commission

DA 11-2096

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Applications of Verizon Wireless and Leap
)
ULS File Nos. 0004942973, 0004942992,
Wireless for Commission Consent to the Exchange )
0004952444, 0004949596, and 0004949598
of 700 MHz Band A Block, AWS-1, and Personal
)
Communications Service Licenses
)

ORDER

Adopted: December 30, 2011

Released: December 30, 2011

By the Chief, Wireless Telecommunications Bureau:
1.
We have before us requests to extend the date for the filing of petitions to deny and
comments with respect to the above-referenced applications for assignment of wireless licenses and to
consolidate consideration of the subject applications with more recently filed applications also involving
the assignment of licenses to Verizon Wireless. For the reasons stated below, we extend the filing dates
for the above-referenced applications to coincide with the pleading cycles to be set for the applications to
assign licenses to Verizon Wireless from SpectrumCo and Cox. We do not at this time, however, make
any formal determination as to whether our review of Verizon Wireless’s transaction with Leap Wireless
should be consolidated or coordinated with our review of its transactions with SpectrumCo and Cox.

I.

BACKGROUND

2.
Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) and Leap Wireless
International Inc. (“Leap Wireless”) filed five applications on November 23, 2011 proposing the swap of
700 MHz Lower Band Block A, Personal Communications Service (“PCS”), and Advanced Wireless
Services (“AWS”) licenses. The applications were accepted for filing and placed on public notice on
December 14, 2011, with petitions to deny and comments due by December 28, 2011.1
3.
The Rural Telecommunications Group, Inc. (“RTG”) filed a motion for extension of
time2 to file comments with respect to the above-referenced applications, requesting the Commission to
extend the pleading cycle so that it coincides with the pleading cycles to be established for subsequently
filed applications proposing to assign AWS licenses from SpectrumCo LLC (“SpectrumCo”) to Verizon
Wireless3 and from Cox TMI Wireless, LLC (“Cox”) to Verizon Wireless.4


1 Verizon Wireless and Leap Wireless Seek FCC Consent to the Exchange of Lower 700 MHz Band A Block,
AWS-1, and Personal Communications Service Licenses, Public Notice, DA 11-2018 (rel. Dec. 14, 2011). This
public notice also set January 9, 2012, as the date for the submission of oppositions, and January 17, 2012, for the
submission of replies.
2 Rural Telecommunications Group, Inc. Motion for Extension of Time, ULS File Nos. 0004942973 et al. (filed
Dec. 23, 2011) (“RTG Motion”); see also RTG Reply to Opposition to Motion for Extension of Time, ULS File
Nos. 0004942973 et al. (filed Dec. 28, 2011) (“RTG Reply”).
3 ULS File No. 0004993617 (filed Dec. 16, 2011).
4 ULS File No. 0004996680 (filed Dec. 21, 2011).

Federal Communications Commission

DA 11-2096

4.
MetroPCS Communications, Inc. (“MetroPCS”) and NTELOS Holdings Corp.
(“NTELOS”) filed a motion requesting that the Commission defer action on the above-captioned
applications pending acceptance of the Verizon Wireless/SpectrumCo and the Verizon Wireless/Cox
applications, consolidate all three sets of applications so that the transactions and their collective impact
on spectrum and competition policy and the public interest can be reviewed efficiently on an aggregate
basis, and set a single pleading cycle for receiving comments on the applications associated with each of
the three transactions.5
5.
Verizon Wireless, Leap Wireless, Cricket Communications, Inc., Cricket License
Company, LLC, Savary Island License A, LLC, and Savary Island License B, LLC filed an opposition to
the RTG and MetroPCS/NTELOS Motions.6 They argue that there are no extraordinary circumstances
warranting an extension of time or deferral of the comment period, that the Verizon Wireless/Leap
Wireless transaction is a separate, stand-alone transaction not connected to the Verizon
Wireless/SpectrumCo or Verizon Wireless/Cox transactions, and that the Commission routinely considers
separate transactions in a sequential manner.

II.

DISCUSSION

6.
We find that the public interest would be served by extending the dates for filing
comments on the above-referenced Verizon Wireless/Leap Wireless applications (and thus the filing
window remains open), and adopting identical comment cycles for the Verizon Wireless/Leap Wireless,
Verizon Wireless/SpectrumCo, and Verizon-Wireless/Cox applications. The Verizon
Wireless/SpectrumCo and Verizon Wireless/Cox applications were filed subsequent to the release of the
public notice setting the pleading cycle for the Verizon Wireless/Leap Wireless applications, and we find
persuasive the arguments suggesting that these subsequent filings present new information that may be
relevant to interested parties seeking to comment on the proposed Verizon Wireless/Leap Wireless
transaction. We believe that interested parties as well as the Commission can most efficiently and
effectively evaluate the public interest considerations related to each of these three transactions by having
concurrent pleading cycles for all three sets of applications.
7.
The granting of an extension is not meant to suggest, however, that the Bureau or the
Commission will ultimately consider these three applications in a coordinated fashion or that the
Commission will formally consolidate them. That determination will be made following a review of the
record. Indeed, to the extent interested parties have yet to do so, we encourage them to address during the
upcoming pleading cycle whether the transactions should be considered together or independently.
8.
Because the pleading cycles for the Verizon Wireless/SpectrumCo and the Verizon
Wireless/Cox applications have not yet been set, we cannot yet define the revised pleading cycle that we
are adopting for the Verizon Wireless/Leap Wireless applications. Accordingly, at such time as the
Verizon Wireless/SpectrumCo and Verizon Wireless/Cox applications are accepted for filing and the
applicable pleading cycles set, we will release a separate public notice setting forth the new filing dates
for pleadings concerning the Verizon Wireless/Leap Wireless applications.


5 MetroPCS and NTELOS Motion To Defer Action Pending Consolidation, ULS File Nos. 0004942973 et al. (filed
Dec. 27, 2011) (“MetroPCS/NTELOS Motion”); see also MetroPCS and NTELOS Reply to Opposition to Motion
To Defer Action Pending Consolidation, ULS File Nos. 0004942973 et al. (filed Dec. 28, 2011)
(“MetroPCS/NTELOS Reply”).
6 Verizon Wireless, Leap Wireless, Cricket Communications, Inc., Cricket License Company, LLC, Savary Island
License A, LLC, and Savary Island License B, LLC Opposition to Motion of Extension of Time and Motion To
Defer Action Pending Consolidation, ULS File Nos. 0004942973 et al. (filed Dec. 27, 2011) (“Verizon
Wireless/Leap Wireless Opposition”).
2

Federal Communications Commission

DA 11-2096

III.

ORDERING CLAUSES

9.
ACCORDINGLY, pursuant to the authority contained in sections 4(i), (j), and 309 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 309, IT IS ORDERED THAT the
pleading cycle for the Verizon Wireless/Leap Wireless applications referenced above shall be extended to
be the same as the pleading cycles for the Verizon Wireless/SpectrumCo and Verizon Wireless/Cox
applications, and shall be set forth in a public notice released at the same time as any public notice setting
forth the pleading cycles for the Verizon Wireless/SpectrumCo and Verizon Wireless/Cox applications.
10.
This action is 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
Rick Kaplan
Chief, Wireless Telecommunications Bureau
3

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.