Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: November 21, 2012
APPLICATIONS OF AT&T MOBILITY SPECTRUM LLC, NEW CINGULAR WIRELESS PCS, LLC,
COMCAST CORPORATION, HORIZON WI-COM, LLC, NEXTWAVE WIRELESS, INC., AND SAN
DIEGO GAS & ELECTRIC COMPANY FOR CONSENT TO ASSIGN OR TRANSFER CONTROL OF
LICENSES AND AUTHORIZATIONS
NUMBERING RESOURCE UTILIZATION AND FORECAST REPORTS
AND LOCAL NUMBER PORTABILITY REPORTS TO BE PLACED INTO THE RECORD,
SUBJECT TO PROTECTIVE ORDER
WT Docket No. 12-240
CC Docket No. 99-200
AT&T Mobility Spectrum LLC and New Cingular Wireless PCS, LLC (both indirect wholly-owned
subsidiaries of AT&T Inc. and, collectively, “AT&T”), Comcast Corporation, Horizon Wi-Com, LLC,
NextWave Wireless, Inc., and San Diego Gas & Electric Company, have filed a series of applications1 pursuant
to Section 310(d) of the Communications Act of 1934, as amended (the “Communications Act”),2 seeking
approval for assignment or transfer of control of Wireless Communications Service (“WCS”) and Advanced
Wireless Service (“AWS-1”) licenses to AT&T. The proposed transactions involve licenses in 608 Cellular
Market Areas (“CMAs”). The Commission has accepted the Applications for filing, established a pleading
cycle, and opened a docket, WT Docket No. 12-240, for the proposed transactions.3
In connection with the Commission’s review of the proposed transactions, the Commission intends to
examine information contained in the biannual Numbering Resource Utilization and Forecast (“NRUF”) reports
filed by wireless telecommunications carriers,4 carrier-specific local number portability (“LNP”) data related to
wireless telecommunications carriers, and further disaggregated monthly carrier-specific local number
portability data (“Carrier-to-Carrier LNP Data”) related to wireless telecommunications carriers. These data
may assist the Commission in assessing the competitive effects of the transactions. Accordingly, subject to the
ULS File Nos. 0005301644, 0005301653, 0005301658, 0005301664, 0005301665, 0005301673, 0005301689, and
0005301703 (the “AT&T-Comcast Applications”); ULS File Nos. 0005305382 and 0005305388 (the “AT&T-Horizon
Applications”); ULS File Nos. 0005346050 and 0005346124 (the “AT&T-NextWave Applications”); and ULS File No.
0005380507 (the “AT&T-SDG&E Application”).
2 47 U.S.C. § 310(d).
AT&T Seeks FCC Consent to the Assignment and Transfer of Control of WCS and AWS-1 Licenses, Public Notice
DA 12-1431 (rel. Aug. 31, 2012); AT&T Mobility Spectrum LLC and San Diego Gas & Electric Company Seek FCC
Consent to the Assignment of Two WCS Licenses, Public Notice
, DA 12-1513 (rel. Sept. 19, 2012).
47 C.F.R. §§ 1.907, 52.5.
provisions of a protective order (“NRUF Protective Order”) being adopted this day5 the Commission intends to
place into the record in this proceeding:
· NRUF reports for all wireless telecommunications carriers concerning data as of December 31, 2008,
June 30, 2009, December 31, 2009, June 30, 2010, December 31, 2010, June 30, 2011, December 31,
2011, and June 30, 2012 (when available).
· Wireless-to-wireless LNP data for all wireless telecommunications carriers from the December 2008,
June 2009, December 2009, June 2010, December 2010, June 2011, December 2011, and June 2012
(when available) LNP databases that the Commission receives from the LNP Administrator, NeuStar, Inc.
This LNP data shows the total number of ports in and ports out per carrier.
· Wireless-to-wireless Carrier-to-Carrier LNP Data for all wireless telecommunications carriers, on a
monthly basis, from the December 2008 to June 2012 (when available) LNP databases that the
Commission receives from the LNP Administrator, NeuStar, Inc. This LNP data shows, on a monthly
basis, the specific number of ports from each wireless carrier to another carrier in each area.
Section 251 of the Communications Act grants the Commission jurisdiction over the North American
Numbering Plan (“NANP”) and related telephone numbering issues.6 In order to better monitor the way
numbering resources are used within the NANP and efficiently allocate NANP resources, the Commission
requires telecommunications carriers to provide the Commission with a utilization report of their current
inventory of telephone numbers and a five-year forecast of their numbering resource requirements.7 LNP data
are collected by the LNP Administrator and provided to the Commission.
The Commission has recognized that disaggregated, carrier-specific forecast and utilization data should
be treated as confidential and should be exempt from public disclosure under 5 U.S.C. § 552(b)(4).8 The NRUF
and LNP reports will be placed into the record subject to the provisions of the NRUF Protective Order. As such,
the NRUF and LNP data will not be available to the public except pursuant to the terms of the NRUF Protective
Order, as outlined below.
Persons seeking to review the NRUF or LNP data may do so only for purposes of participating in this
proceeding. Pursuant to the NRUF Protective Order, outside persons participating or intending to participate in
the proceeding who are not involved in competitive decision-making activities and who have signed the
Acknowledgment of Confidentiality attached to the NRUF Protective Order may review the NRUF and LNP
data. We emphasize that persons seeking to review the NRUF or LNP data must have adequate protections in
place to prevent improper use or disclosure of the information.
Affected parties have until
December 3, 2012
to oppose disclosure of their NRUF and LNP data. In
addition, affected parties will have three business days after the filing of an Acknowledgment of Confidentiality
to object to the release of the data to a particular person who requests permission to review it.
Applications of AT&T Mobility Spectrum LLC, New Cingular Wireless PCS, LLC., Comcast Corporation, Horizon
Wi-Com, LLC, NextWave Wireless, Inc., and San Diego Gas & Electric Company For Consent To Assign or Transfer
Control of Licenses and Authorizations, WT Docket No. 12-240, NRUF/LNP Protective Order
, DA 12-1887 (WTB,
November 21, 2012).
6 47 U.S.C. § 251.
7 47 C.F.R. § 52.15(f). See
Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further
Notice of Proposed Rule Making
, 15 FCC Rcd 7574, 7578-79 ¶ 5 (2000).
at 7607 ¶ 78.
If the Commission receives no opposition from affected parties by December 3, 2012, the Commission
will place the NRUF, LNP and Carrier-to-Carrier LNP data into the record subject to the safeguards contained in
the NRUF Protective Order. If disclosure is opposed, the procedures set forth in 47 C.F.R. § 0.461(i) shall
apply. All filings should refer to WT Docket No. 12-240.
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 ECFS) or by hand delivery to the
If filed by ECFS
,10 comments shall be sent as an electronic file via the Internet to http://www.fcc.gov/e
file/ecfs.html. In completing the transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and WT Docket No. 12-240. Parties may also submit an electronic
comment by Internet e-mail. Parties are reminded that unredacted comments and other material
containing confidential information may not be filed electronically.
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, DC 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 445 12th St., SW, Room CY-B402, Washington, DC
, or (202) 488-5563 (facsimile); (2) Scott Patrick, Mobility Division, Wireless
Telecommunications Bureau, at email@example.com
, or (202) 418-7447 (facsimile); (3) Brenda Boykin,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at firstname.lastname@example.org
or (202) 418-7447 (facsimile); and (4) Jim Bird, Office of General Counsel, at email@example.com
(202) 418-1234 (facsimile).
This action is taken pursuant to Sections 4(i) and 310(d) of the Communications Act, 47 U.S.C. §§
154(i), 310(d), Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and authority delegated
under section 0.331 of the Commission’s rules, 47 C.F.R. § 0.331, and is effective upon its adoption.
For further information, contact Brenda Boykin, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 418-2062, or Scott Patrick, Mobility Division, Wireless
Telecommunications Bureau, at (202) 418-2853.
FCC Announces Change in Filing Location for Paper Documents, Public Notice
, 24 FCC Rcd 14312 (2009).
Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order
, 13 FCC Rcd