This page provides information on applications to the FCC related to the proposed transfer of control of licenses currently held in a joint venture between Cook Inlet Region, Inc. ("CIRI") and VoiceStream Wireless Corporation ("VoiceStream"). The applicants request constent to transfer control from CIRI to VoiceStream.
These applications have been consolidated under WT Dkt. No. 00-207 and the record in the proceeding is accessible through the Electronic Comment Filing System or the Wireless Telecommunications Bureau's Universal Licensing System under lead File No. 0000216961, et al. Copies of documents in the record may also be obtained for a fee from FCC's duplicating contractor Qualex International, or may be viewed and/or copied at the FCC Reference Center.
FCC Order granting the applications subject to conditions. Granting the petition for a declaratory ruling that the public interest would be served by allowing the proposed indirect foreign ownership of twelve entities currently controlled by CIRI in excess of the twenty-five-percent statutory benchmark. And deny, in part, and defer, in part, the petition to deny the applications filed by Jordan-Soldier Valley Telephone Co. d/b/a WITCO [ Word97 ]
10/13/00 amended 10/20/00
Petition for Determination of the Public Interest Under Section 310(b)(4) of the Communications Act of 1934, As Amended filed by Cook Inlet/VoiceStream PCS, LLC; Cook Inlet/VoiceStream License, LLC; Cook Inlet/VS GSM II PCS, LLC; Omnipoint Atlantic City License, LLC; Omnipoint Dover License, LLC; Omnipoint Philadelphia License, LLC; Cook Inlet/VS GSM III PCS, LLC; CIVS PA I LLC; CIVS PA III, LLC; D&E/Omnipoint Joint Venture, L.P.; Omnipoint Philadelphia-E Lancaster E License, LLC; and Cook Inlet/VoiceStream PV/SS PCS L.P.
CIRI, an Alaska Regional Corporation organized under the Alaska Native Claims Settlement Act, 47 U.S.C. Â§Â§ 1601 et seq., and VoiceStream, a Washington corporation, filed applications under sections 214, 310(b)(4), and 310(d) of the Act, 47 U.S.C. Â§Â§ 214, 310(b)(4), 310(d), and Section 8149 of the Department of Defense Appropriations Act of 2001, Public Law No. 106-259 ("DOD Act"), seeking Commission consent to a transfer of control of licenses from CIRI to VoiceStream. Section 8149 of the DOD Act amends section 1621 of Public Law 92-204 (43 U.S.C. Â§ 1621), the Alaska Native Claims Settlement Act, as amended, by inserting the following new subsection (m):
An Alaska Native regional corporation organized pursuant to the Alaska Native Claims Settlement Act, or an affiliate thereof, that holds a Federal Communications Commission license in the personal communications service as of the date of enactment of this section and has either paid for such license in full or has complied with the payment schedules for such license shall be permitted to transfer or assign without penalty such license to any transferee or assignee. No economic penalties shall apply to any transfer or assignment authorized under this section. Any amounts owed to the United States for the initial grant of such licenses shall become immediately due and payable upon the consummation of any such transfer or assignment. Any application for such a transfer or assignment shall be deemed granted if not denied by the Commission within 90 days of the date on which it was initially filed. Any provision of law or regulation to the contrary is hereby amended. (emphasis added)
These applications were filed in connection with a transaction pursuant to which CIRI subsidiaries Cook Inlet GSM, Inc. ("CIGSM") and Cook Inlet Telecommunications, Inc. ("CITI") will exchange certain membership and partnership in four entities that own, directly or indirectly, twelve Commission wireless licensees for VoiceStream common stock or cash. Currently, these licensee entities are owned 50.1 percent by CIRI subsidiaries and 49.9 percent by VoiceStream subsidiaries. As a result of the transaction, VoiceStream will own 100 percent of the licensees and, therefore, 100 percent of the interests in the licenses and authorizations at issue.
Interested parties were invited to comment both on the applications to transfer control and on the application of the amendments to the DOD Act to the transfer of control applications. Because, as a result of the transaction, all of VoiceStream's current foreign ownership will be fully attributable to the licenses, the twelve current licensees filed a request for declaratory ruling to allow the indirect foreign ownership of the wireless common carrier licenses at issue excess of the twenty-five-percent statutory benchmark of 310(b)(4). The foreign ownership interests in VoiceStream are primarily held by four entities. These entities include: Hutchison Telecommunications PCS (USA) Limited ("HTPCSL"), a British Virgin Islands corporation and a wholly owned subsidiary of Hutchison Whampoa Limited ("Hutchison"), a Hong Kong limited liability holding company (20.56% equity and 13.59% voting); Deutsche Telekom AG ("DT"), a German corporation (11.49% equity and 1.79% voting); Telephone and Data Systems ("TDS"), a Delaware corporation, a portion of which is owned by foreign investors, resulting in an indirect foreign ownership interest attributable to VoiceStream (1.57% equity and 1.14% voting); and Sonera Limited ("Sonera"), a Finnish corporation (6.98% equity and 8.69% voting).
Day 1 was on: 10/24/00
This information was last updated on: 12/13/00
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