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T-Mobile and Related Entities Wireless Assignment Applications AFF

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Released: May 15, 2012
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov

DA 12-761

Released: May 15, 2012

T-MOBILE LICENSE LLC, CRICKET LICENSE COMPANY, LLC, COOK INLET/VS GSM

VII PCS, LLC, SAVARY ISLAND LICENSE A, LLC, AND SAVARY ISLAND LICENSE B, LLC

SEEK FCC CONSENT TO THE ASSIGNMENT OF PERSONAL COMMUNICATIONS

SERVICE AND AWS-1 LICENSES

ULS File Nos. 0005140122, 0005140200, 0005140699, 0005143798, 0005143799, 0005143801,

0005144560, and 0005150677

PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

May 29, 2012

Oppositions Due:

June 8, 2012

Replies Due:

June 15, 2012

I.

INTRODUCTION

T-Mobile License LLC (“T-Mobile”),1 Cricket License Company, LLC (“Cricket”),2 Cook
Inlet/VS GSM VII PCS, LLC (“CIVS”),3 Savary Island License A, LLC (“Savary Island A”), and Savary
Island License B, LLC (“Savary Island B”)4 (collectively, the “Applicants”) have filed a series of
applications (“Applications”) pursuant to Section 310(d) of the Communications Act of 1934, as
amended,5 seeking approval to assign Personal Communications Service (“PCS”) and Advanced Wireless
Service (“AWS-1”) licenses to effect proposed spectrum exchanges. T-Mobile, Cricket, and CIVS will
receive entire and/or partitioned licenses pursuant to the proposed assignments; these Applicants, along
with Savary Island A and Savary Island B, also will be assigning entire and/or partitioned licenses as a
result of the proposed spectrum exchanges.
The Applicants state that the proposed assignments constitute license exchanges that will
rationalize the spectrum to allow the Applicants to utilize spectrum more efficiently. The Applicants also
state that a significant portion of the spectrum proposed to be assigned will occur as exchanges of
spectrum within the same market and that these intra-market exchanges will allow efficiency benefits
associated with larger blocks of contiguous spectrum and/or alignment of spectrum held in adjacent


1 T-Mobile is a wholly-owned subsidiary of T-Mobile USA, Inc.
2 Cricket is a wholly-owned subsidiary of Leap Wireless International, Inc.
3 CIVS is ultimately controlled by Cook Inlet Region, Inc., an Alaska Native Corporation.
4 Savary Island A and Savary Island B each are controlled by Ring Island Wireless, LLC.
5 47 U.S.C. § 310(d).

markets. The Applicants also assert that as a result of the proposed transactions, T-Mobile and Cricket
will increase their presence in certain markets in which they already operate.
Preliminary review of the applications indicates that, post assignment, T-Mobile (including its
attributable interest in CIVS) would hold a maximum of 80 megahertz of spectrum across any of the 55
Cellular Market Areas (“CMAs”) in which it is exchanging or acquiring spectrum in this transaction, and
Cricket would hold a maximum of 35 megahertz of spectrum across any of the 18 CMAs in which it is
exchanging or acquiring spectrum in this transaction.

II.

SECTION 310(d) APPLICATIONS

The following applications for consent to the assignment of licenses have been assigned the
following file numbers:

File No.

Licensee

Assignee

Lead Call Sign

00051401226 T-Mobile License LLC
Cricket License Company, LLC
WQGB268
0005140200 T-Mobile License LLC
Cricket License Company, LLC
WQGB358
0005140699 Savary Island License B, LLC
T-Mobile License LLC
WQNH802
0005143798 Cricket License Company, LLC
Cook Inlet/VS GSM VII PCS, LLC
WQCS467
0005143799 Cricket License Company, LLC
T-Mobile License LLC
WQGD769
0005143801 Cricket License Company, LLC
T-Mobile License LLC
WQGD474
0005144560 Cook Inlet/VS GSM VII PCS, LLC Cricket License Company, LLC
WQCX669
0005150677 Savary Island License A, LLC
T-Mobile License LLC
WQNH801

III.

EX PARTE

STATUS OF THIS PROCEEDING

Pursuant to Section 1.1200(a) of the Commission’s rules,7 the Commission may adopt modified
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.8
Parties making oral ex parte presentations are directed to the Commission’s revised ex parte
rules. Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.9 More than a one- or two-sentence description of the
views and arguments presented is generally required.10 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.11


6 File No. 0005140122 is the lead application for this transaction.
7 47 C.F.R. § 1.1200(a).
8 47 C.F.R. § 1.1206.
9 See 47 C.F.R. § 1.1206(b)(1).
10 See id.
11 Id. § 1.1206(b).
2

IV.

GENERAL INFORMATION

The assignment applications referenced herein have been found, upon initial review, to be
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

May 29, 2012

. 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

June 8, 2012

. Replies to such pleadings must be filed no later
than

June 15, 2012

. All filings concerning matters referenced in this Public Notice should refer to ULS
File Nos. 0005140122, 0005140200, 0005140699, 0005143798, 0005143799, 0005143801, 0005144560,
and/or 0005150677as appropriate.

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.12 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.

Under the Commission’s current procedures for the submission of filings and other documents,13
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 via
https://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 messenger
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, D.C. 20554.
The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
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:


12 See 47 C.F.R. §1.45(c).
13 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
3

(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) Linda Ray, Broadband Division, Wireless
Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (4) Kate Matraves,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and (5) 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, Linda Ray, Broadband Division, Wireless Telecommunications Bureau, at
(202) 418-0257, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 418-7878.
-FCC-
4

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