The thread is a bit flaky here is the posting from the PDF:
I personally think we ALL NEED TO EMAIL AND MOBARD COMMENTS ABOUT THIS TO THE FCC !!!
IF not then we get what we get---
Here is the public notice:
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554 DA 11-799
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov
Released: April 28, 2011
AT&T INC. AND DEUTSCHE TELEKOM AG SEEK FCC CONSENT TO THE TRANSFER OF
CONTROL OF THE LICENSES AND AUTHORIZATIONS HELD BY T-MOBILE USA, INC.
AND ITS SUBSIDIARIES TO AT&T INC.
WT Docket No. 11-65
PLEADING CYCLE ESTABLISHED
Petitions To Deny Due: May 31, 2011
Oppositions Due: June 10, 2011
Replies Due: June 20, 2011
I. INTRODUCTION
AT&T Inc. (“AT&T”) and Deutsche Telekom AG (“Deutsche Telekom”) have filed applications
pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended,1 seeking
Commission consent to the transfer of control of the licenses and authorizations held by T-Mobile USA,
Inc. (“T-Mobile USA”) and its wholly-owned, majority-owned, and controlled subsidiaries to AT&T
(AT&T, Deutsche Telekom, and T-Mobile USA are collectively referred to as the “Applicants”).
Specifically, AT&T has agreed to acquire from Deutsche Telekom all of the stock of T-Mobile USA,
subject to obtaining all necessary regulatory approvals.
II. SECTION 310(d) APPLICATIONS
Parts 22, 24, 27, and 101 – Wireless Radio Services Applications
The following applications for consent to the transfer of control of licenses held by certain
subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the file numbers
listed below.
File No. Licensee Lead Call Sign
00046693832 T-Mobile License LLC KNLF202
0004673673 Cook Inlet GSM IV PCS Holdings, LLC KNLF504
0004673727 Powertel Memphis Licenses, Inc. KNLF255
0004673730 SunCom Wireless License Company, LLC KNKN557
0004673732 T-Mobile Puerto Rico LLC KNLF249
1 47 U.S.C. §§ 214, 310(d).
2 This application is the lead application for the wireless radio services.
2
File No. Licensee Lead Call Sign
0004673735 T-Mobile West Corporation KNLF227
0004673737 VoiceStream Pittsburgh, L.P. KNLF242
0004673739 WALLC License, LLC WPNL499
0004675960 CookInlet/VS GSM VII PCS, LLC WQCS389
0004703157 Iowa Wireless Services Holding Corporation KNLG769
Parts 24 and 27 – Wireless Radio Services Applications – De Facto Transfer and Spectrum
Manager Leasing Arrangements
The following applications for consent to the transfer of control of spectrum leasing arrangements
held by certain subsidiaries of T-Mobile USA from Deutsche Telekom to AT&T have been assigned the
file numbers listed below:
File No. Lessee Lead Lease ID
Number
6013CWSL11 T-Mobile License LLC L000008117
6014CWSL11 T-Mobile License LLC L000008120
6015ALSL11 Iowa Wireless Services Holding Corporation L000001014
6016CWSL11 Iowa Wireless Services Holding Corporation L000001109
0004698766 Iowa Wireless Services Holding Corporation L000007750
III. SECTION 214 AUTHORIZATIONS
The following application for consent to the transfer of control of international section 214
authorizations held by T-Mobile USA and certain of its subsidiaries from Deutsche Telekom to AT&T
have been assigned the file numbers listed below.
File No. Authorization Holder Authorization Number
ITC-T/C-20110421-00109 Iowa Wireless Services Holding
Corporation
ITC-214-20020513-00251
ITC-T/C-20110421-00110 T-Mobile Puerto Rico LLC ITC-214-20070626-00246
ITC-T/C-20110421-00111 T-Mobile USA, Inc. ITC-214-20061004-00452
ITC-T/C-20110421-00112 T-Mobile USA, Inc. ITC-214-19960930-00473
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.4 We have
3 47 C.F.R. § 1.1200(a).
4 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission’s rules
on ex parte presentations. Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, GC
Docket No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011).
The revised rules are awaiting publication in the Federal Register, and are not yet effective.
3
previously announced 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.5
Parties making oral ex parte presentations are directed to the Commission’s statement
reemphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that
memoranda summarizing the presentation must contain the presentation’s substance and not merely list the
subjects discussed.6 More than a one- or two-sentence description of the views and arguments presented is
generally required.7 Other rules pertaining to oral and written presentations are set forth in section
1.1206(b) as well.8 We urge parties to use the Electronic Comment Filing System (“ECFS”) to file ex
parte submissions.9
V. REQUESTS FOR EX PARTE MEETINGS
All requests for meetings with Commission staff regarding this Docket should be made online,
using the link at
http://www.fcc.gov/transaction/att-tmobile_exparte-meeting-request/. Those
who lack Internet access may direct their requests to Morasha Younger, Spectrum and Competition
Policy Division, Wireless Telecommunications Bureau, 202.418.1203.
VI. GENERAL INFORMATION
The transfer of control 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. Final action on these applications will not be taken earlier than thirty-one days following the
date of this Public Notice.10
Interested parties must file petitions to deny no later than May 31, 2011. 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 10, 2011. Replies to such pleadings must be filed no later
than June 20, 2011. All filings concerning matters referenced in this Public Notice should refer to DA
11-799 and WT Docket No. 11-65, as well as the specific file numbers of the individual applications or
other matters to which the filings pertain.
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
5 47 C.F.R. § 1.1206; see Commission Opens Docket for Proposed Transfer of Control of T-Mobile USA, Inc. and
Its Subsidiaries From Deutsche Telekom AG to AT&T Inc., WT Docket No. 11-65, Public Notice, DA 11-673 (rel.
Apr. 14, 2011); Commission Announces That the Applications Proposing the Transfer of Control of the Licenses
and Authorizations Held by T-Mobile USA, Inc. and Its Subsidiaries From Deutsche Telekom AG to AT&T Inc.
Have Been Filed and Permit-But-Disclose Ex Parte Procedures Now Apply, WT Docket No. 11-65, Public Notice,
DA 11-722 (rel. Apr. 22, 2011).
6 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
7 See 47 C.F.R. § 1.1206(b)(2).
8 Id. § 1.1206(b).
9 See discussion infra Part VI.
10 See 47 U.S.C. § 309(b).
4
their initial filings. New issues may not be raised in responses or replies.11 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,12
submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the
Commission.
· If filed by ECFS,13 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 the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
· 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 Street, S.W., 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
(WTB), at
kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and
Competition Policy Division, WTB, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile);
(4) Jim Bird, Office of General Counsel, at
jim.bird@fcc.gov or (202) 418-1234 (facsimile); and
(5) David Krech, Policy Division, International Bureau, at
david.krech@fcc.gov or (202) 418-2824
(facsimile). Any submission that is e-mailed to Best Copy and Printing, Kathy Harris, Kate Matraves, Jim
Bird, and David Krech should include in the subject line of the e-mail: (1) WT Docket No. 11-65; (2) the
name of the submitting party; and (3) a brief description or title identifying the type of document being
submitted (e.g., WT Docket No. 11-65, Widget Corp., Notice of Ex Parte Communication).
Copies of the application 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
11 See 47 C.F.R. §1.45(c).
12 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
13 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
5
FCC@BCPIWEB.COM. The application 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
application is also available electronically through ECFS, which may be accessed on the Commission’s
Internet website at
http://www.fcc.gov. In addition, the applications are available electronically through
ULS, which may be accessed on the Commission’s Internet website. Additional information regarding
the proposed transaction will be available on the FCC’s Office of General Counsel’s AT&T/T-Mobile
website,
http://www.fcc.gov/transaction/att-tmobile.html, which will contain an unofficial listing and
electronic copies of materials in this matter.
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, send an email to AT&T_T-MobileTransaction@fcc.gov.
-FCC