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Verizon Wireless and ENMR Assignment Applications Accepted for Filing

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Released: May 9, 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 12-734

Released: May 9, 2012

E.N.M.R. TELEPHONE COOPERATIVE, ITS WHOLLY-OWNED SUBSIDIARY PLATEAU

TELECOMMUNICATIONS, INCORPORATED, AND CELLCO PARTNERSHIP D/B/A

VERIZON WIRELESS SEEK FCC CONSENT TO THE ASSIGNMENT OF CELLULAR,

PERSONAL COMMUNICATIONS SERVICE, AWS-1, AND RELATED POINT-TO-POINT

MICROWAVE LICENSES AND INTERNATIONAL SECTION 214 AUTHORITY

ULS File Nos. 0005034870, 0005034877, and 0005063051

File No. ITC-ASG-20120420-00105

PLEADING CYCLE ESTABLISHED

Petitions to Deny Due:

May 23, 2012

Oppositions Due:

June 4, 2012

Replies Due:

June 11, 2012

I.

INTRODUCTION

Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”), E.N.M.R. Telephone
Cooperative (“E.N.M.R.”), and E.N.M.R.’s wholly-owned subsidiary Plateau Telecommunications,
Incorporated (“Plateau”) (collectively, the “Applicants”) have filed applications (“Applications”) pursuant
to Sections 214 and 310(d) of the Communications Act of 1934, as amended,1 seeking approval to assign
Cellular, Personal Communications Service (“PCS”), Advanced Wireless Service (“AWS-1”), and related
point-to-point microwave licenses and international section 214 authority. The Applicants state that the
proposed assignment of licenses will enable Verizon Wireless to expand its voice and 3G services in the
New Mexico-6 Cellular Market Area (“CMA”) (CMA 558) upon converting the existing 2G GSM EDGE
network to a 3G CDMA EVDO network. Verizon Wireless has outlined plans for transitioning the
existing customers using the 2G licensed facilities to Verizon Wireless’s 3G service over a 12 to 15
month period after closing.
Preliminary review of the applications indicates that in one of the counties in the New Mexico-6
CMA, Verizon Wireless would hold, post-transaction, 145 megahertz of total spectrum, thus triggering
the Commission’s “spectrum screen” applicable to this CMA.2 In this same county, Verizon Wireless and
Plateau currently hold complementary portions of the cellular B block license that, when combined,
would lead Verizon Wireless to be attributed with 59 megahertz of spectrum below 1 GHz over the entire
county post-transaction. Finally, in two additional counties in this CMA, Verizon Wireless would hold,
post-transaction, 59 megahertz of spectrum below 1 GHz.


1 47 U.S.C. §§ 214, 310(d).
2 The spectrum calculations take into account Verizon Wireless’s two pending applications to acquire spectrum from
SpectrumCo and Leap Wireless International, Inc. in this market. See ULS File Nos. 0004993617 and 0004949598.

II.

SECTION 310(d) APPLICATIONS

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

File No.

Licensee

Assignee

Lead Call Sign

0005034870 E.N.M.R. Telephone Cooperative
Cellco Partnership
KNKQ336
0005034877 Plateau Telecommunications, Inc.
Cellco Partnership
KNLH383
0005063051 Plateau Telecommunications, Inc.
Cellco Partnership
WQAE969

III.

SECTION 214 AUTHORIZATION

The following application for partial assignment of an international Section 214 authorization to
Verizon Wireless has been assigned the file number listed below.

File No.

Authorization Holder

Authorization Number

ITC-ASG-20120420-00105
E.N.M.R. Telephone Cooperative
ITC-214-20030912-00436

IV.

EX PARTE

STATUS OF THIS PROCEEDING

Pursuant to Section 1.1200(a) of the Commission’s rules,3 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.4
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.5 More than a one- or two-sentence description of the
views and arguments presented is generally required.6 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.7

V.

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.


3 47 C.F.R. § 1.1200(a).
4 47 C.F.R. § 1.1206.
5 See 47 C.F.R. § 1.1206(b)(1).
6 See id.
7 Id. § 1.1206(b).
2

Interested parties must file petitions to deny no later than

May 23, 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 4, 2012

. Replies to such pleadings must be filed no later
than

June 11, 2012

. All filings concerning matters referenced in this Public Notice should refer to ULS
File Nos. 0005034870, 0005034877, 0005063051 and/or ITC-ASG-20120420-00105 as 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.8 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,9
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 IBFS,

pleading may be filed via
http://licensing.fcc.gov/myibfs/pleading.do.
·

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:
(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) Kate Matraves, Spectrum and Competition
Policy Division, Wireless Telecommunications Bureau, at catherine.matraves@fcc.gov or (202) 418-7447
(facsimile); (4) David Krech, Policy Division, International Bureau, at david.krech@fcc.gov or (202)


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

418-2824 (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, Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 418-7878, or David Krech, Policy Division, International Bureau,
at (202) 418-7443.
-FCC-
4

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