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Petition for Limited Clarification of Frontline Wireless, LLC, Applications of AT&T Inc. and Dobson Communications Corporation, For Consent to Transfer Control of Licenses and Authorizations

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Released: December 31, 2009

Federal Communications Commission

FCC 09-117

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Petition for Limited Clarification of Frontline
)
Wireless, LLC
)
WT Docket No. 07-153
)
Applications of AT&T Inc. and Dobson
)
Communications Corporation
)
)

For Consent to Transfer Control of Licenses and
)
File Nos. 0003092368 et al.
Authorizations

ORDER

Adopted: December 30, 2009


Released: December 31, 2009

By the Commission:
1.
On December 19, 2007, Frontline Wireless, LLC (“Frontline”) filed a Petition for
Limited Clarification (“Petition”) in the Matter of the Applications of AT&T Inc. (“AT&T”) and Dobson
Communications Corporation (“Dobson”) in WT Docket 07-153.1 Frontline petitioned for a clarification
of a portion of the AT&T/Dobson Order pursuant to 47 C.F.R. § 47.106(b)(2).2 On December 31, 2007,
AT&T filed an Opposition to Frontline’s Petition.3 For the reasons discussed below, we dismiss
Frontline’s Petition on procedural grounds.
2.
In the AT&T/Dobson Order, the Commission found that AT&T’s acquisition of Dobson
would serve the public interest, convenience, and necessity, subject to divestiture in four local mobile
telephony markets.4 Frontline’s Petition requested clarification of a portion of the AT&T/Dobson Order
relating to the competitive analysis of the transaction. Specifically, Frontline sought clarification on the
spectrum aggregation screen that the Commission would apply in evaluating the long-form applications in
Auctions No. 73 and 76 in WT Docket Nos. 06-150, 01-309, 03-264, 06-169, 96-86, CC Docket No. 94-
102, PS Docket No. 06-229 (Sept. 24, 2007).5 Frontline’s Petition did not request that the AT&T/Dobson
Order
be reversed or disturbed.6 AT&T filed an Opposition to Frontline’s Petition arguing, in part, that


1 Applications of AT&T Inc. and Dobson Communications Corporation For Consent to Transfer Control of Licenses
and Authorizations, WT Docket No. 07-153, Memorandum Opinion and Order, 22 FCC Rcd 20295 (2007) (“AT&T-
Dobson Order
”).
2 See Frontline Petition for Limited Clarification of Frontline Wireless, LLC., WT Docket No. 07-153 at 4 n.6,
(filed Dec. 19, 2007).
3 Opposition of AT&T Inc. To Petition for Limited Clarification of Frontline Wireless, LLC, WT Docket No. 07-
153 at 2 (filed Dec. 31, 2007) (“AT&T Opposition”).
4 AT&T/Dobson Order, 22 FCC Rcd 20295 ¶103.
5 See Frontline Petition for Limited Consideration at iii, 1-2.
6 See id. at 1, 9.

Federal Communications Commission

FCC 09-117

Frontline’s Petition is an unauthorized pleading under the Commission’s rules;7 Frontline lacks standing
to petition for reconsideration;8 Frontline did not serve AT&T and other parties to the proceeding
pursuant to 47 C.F.R. §1.106(f);9 and a merger proceeding is not the appropriate proceeding to consider
Frontline’s concerns in the 700 MHz proceeding.10
3.
We find that Frontline’s Petition is procedurally defective under Section 1.106 of the
Commission’s rules.11 Section 1.106 addresses petitions for reconsideration, and allows parties and non-
parties to petition for reconsideration of final Commission actions.12 Although Frontline cites to 47
C.F.R. § 1.106(b)(2) of the Commission’s rules,13 it states that it does not request that the AT&T/Dobson
Order
be reversed or disturbed.14 Frontline does not seek any clarification related to the rights and
obligations of parties to the AT&T/Dobson Order. Rather, Frontline requests an advisory opinion
regarding the spectrum aggregation screen that might be used in an unrelated proceeding, (i.e., the 700
MHz proceeding), to review the Auction 73 long-form applications.15 We note that Frontline presented
its spectrum aggregation concerns in the 700 MHz proceeding.16 In addition, the record does not indicate
that Frontline served the Petition on the parties, as required by Section 1.106(f). This also is grounds for
dismissal.17 Accordingly, we find that a petition for reconsideration of the AT&T Dobson Order is not an
appropriate procedural vehicle for Frontline’s request, and Frontline’s Petition filed pursuant to Section
1.106 does not comply procedurally with Section 1.106 of the Commission’s rules.


7 See AT&T Opposition at 2-3.
8 See id. at 3-4.
9 See id. at 4 n.10.
10 See id. at 7-8.
11 47 C.F.R. § 1.106.
12 47 C.F.R. § 1.106. See also Thomas K. Kurian, Assignor, and AMTS Consortium, LLC Assignee, Application
for Consent to the Partial Assignment of the License for Public Coast Station WQCP809, 22 FCC Rcd 20970
(2007).
13 See Frontline Petition for Limited Consideration at 4 n.6.
14 See id. at iii,1-2, 9.
15 See id. at ii-iii, 9. The Commission approved the Form 601 applications of Union Telephone Company (“Union
Telephone”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) from Auction 73 on November 4,
2008. See In the Matter of Union Telephone Company Cellco Partnership d/b/a Verizon Wireless Applications for
700 MHz Band Licenses, Auction No. 73, Memorandum Opinion and Order, 23 FCC Rcd 16787 (rel. Nov. 13,
2008).
16 See Petition for Reconsideration of Frontline Wireless, LLC, WT Docket No. 06-150, 01-309, 03-264, 06-169, 96-
86, CC Docket No. 94-102, PS Docket No. 06-229 (filed Oct. 23, 2007).
17 47 C.F.R. § 1.106(f). See also Thomas K. Kurian, 22 FCC Rcd 20970.
2

Federal Communications Commission

FCC 09-117

4.
Accordingly, IT IS ORDERED THAT, pursuant to sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), and 405, and section 1.106 of the
Commission’s Rules, 47 C.F.R. Sections §§ 1.106(b)(1), 1.106(b)(2) and 1.106(f) we find that
Petitioner Frontline Wireless, LLC has failed to satisfy our procedural rules. We, therefore, DISMISS the
Petition for Limited Clarification of Frontline Wireless, LLC.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
3

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