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Pleading Cycle for Verizon-Leap Swap Applications Established

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Released: January 19, 2012
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554

DA 12-69

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov

Released: January 19, 2012

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

ULS File Nos. 0004942973, 0004942992, 0004952444, 0004949596, and 0004949598

REVISED PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

February 21, 2012

Oppositions Due:

March 2, 2012

Replies Due:

March 12, 2012

I.

INTRODUCTION

Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) and Leap Wireless International
Inc. (“Leap Wireless”)1 have filed a series of applications pursuant to Section 310(d) of the
Communications Act of 1934, as amended,2 seeking approval to assign spectrum licenses. These
applications were placed on a public notice as accepted for filing, and a pleading cycle established, with
petitions to deny originally due December 28, 2011.3 This Public Notice establishes a revised pleading
cycle, as set out below.
The Rural Telecommunications Group, Inc. (“RTG”) filed a motion for extension of time4 to file
comments with respect to the above-referenced applications, requesting that the Commission extend the
pleading cycle to coincide with the pleading cycles to be established for subsequently filed applications


1 Leap Wireless International, Inc. holds a direct 100 percent ownership interest in Cricket Communications, Inc.
Cricket Communications, Inc. holds a 100 percent ownership interest in Cricket License Company, LLC and an 85
percent ownership interest in Savary Island License A, LLC and Savary Island License B, LLC. See FCC 602
Ownership Disclosure Information for the Wireless Telecommunications Services, File No. 0004963672 (filed Nov.
21, 2011). The instant applications are filed by Savary Island License A, LLC (File No. 0004942973), Savary Island
License B, LLC (File No. 0004942992), and Cricket License Company, LLC (File Nos. 0004952444, 0004949596,
and 0004949598).
2 47 U.S.C. § 310(d).
3 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) (“Initial
Comment PN
”).
4 Rural Telecommunications Group, Inc. Motion for Extension of Time, ULS File Nos. 0004942973, etc. (filed Dec.
23, 2011) (“RTG Motion”); see also RTG Reply to Opposition to Motion for Extension of Time, ULS File Nos.
0004942973, etc. (filed Dec. 28, 2011) (“RTG Reply”).

proposing to assign AWS licenses from SpectrumCo, LLC (“SpectrumCo”) to Verizon Wireless5 and
from Cox TMI Wireless, LLC (“Cox”) to Verizon Wireless.6 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, and set a single pleading cycle for comments on the applications associated with each of the
three transactions.7
On December 30, 2011, the Wireless Telecommunications Bureau (“Bureau”) issued an order
extending the dates for filing comments on the Verizon Wireless/Leap Wireless applications and deciding
that the public interest would be served by adopting identical comment cycles for the Verizon
Wireless/Leap Wireless, Verizon Wireless/SpectrumCo, and Verizon Wireless/Cox applications.8 The
Bureau’s order also stated that at such time as the pleading cycles for the Verizon Wireless/SpectrumCo
and Verizon Wireless/Cox applications were set, the Bureau would issue a separate public notice setting
forth the new filing dates for pleadings concerning the Verizon Wireless/Leap Wireless applications. The
pleading cycle for the Verizon Wireless/SpectrumCo and Verizon Wireless/Cox applications is set forth
in a concurrently released public notice.9
Accordingly, interested parties must file petitions to deny no later than

February 21, 2012

.
Oppositions to such pleadings must be filed no later than

March 2, 2012

. Replies to such pleadings must
be filed no later than

March 12, 2012

. All other requirements set forth in the Initial Comment PN remain
in effect with respect to the above-referenced file numbers.

To allow the Commission to consider fully all substantive issues regarding the Applications in

as timely and efficient a manner as possible, petitioners and commenters should raise all issues in
their initial filings. New issues may not be raised in responses or replies.10 A party or interested
person seeking to raise a new issue after the pleading cycle has closed must show good cause why it
was not possible for it to have raised the issue previously. Submissions after the pleading cycle has
closed that seek to raise new issues based on new facts or newly discovered facts should be filed
within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not
timely raised may be disregarded by the Commission.



5 ULS File No. 0004993617 (filed Dec. 16, 2011).
6 ULS File No. 0004996680 (filed Dec. 21, 2011).
7 MetroPCS and NTELOS Motion To Defer Action Pending Consolidation, ULS File Nos. 0004942973, etc. (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, etc. (filed Dec. 28, 2011)
(“MetroPCS/NTELOS Reply”).
8 In the Matter of Applications of Verizon Wireless and Leap Wireless for Commission Consent to the Exchange of
700 MHz Band A Bloc, AWS-1, and Personal Communications Service Licenses, ULS File No. 0004942873, etc.,
Order, DA 11-2096 (rel. Dec. 30, 2011). The Bureau declined to consolidate the Verizon Wireless/Leap Wireless
applications with the Verizon Wireless/SpectrumCo and Verizon Wireless/Cox applications at that time, instead
stating that the Bureau or the Commission would address issues of consolidation and/or coordinated consideration
following a review of the record. Id. at ¶ 7.
9 Cellco Partnership d/b/a Verizon Wireless, SpectrumCo, LLC and Cox TMI Wireless, LLC Seek FCC Consent to
the Assignment of AWS-1 Licenses, WT Docket No. 12-4, Public Notice, DA 12-67 (rel. Jan. 19, 2012).
10 See 47 C.F.R. §1.45(c).
2

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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