*Pages 1--3 from Microsoft Word - 2530.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12 th Street, S. W., TW- A325 WASHINGTON, DC 20554 DA 00- 1634 News media information 202/ 418- 0500 Fax- On Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: July 21, 2000 PRIMECO PCS, LP AND JOSEPH J. SIMONS, ESQ., AS TRUSTEE ON BEHALF OF AT& T CORPORATION SEEK FCC CONSENT FOR TRANSFER OF CONTROL OF HOUSTON MTA, L. P. ’S WIRELESS LICENSE PLEADING CYCLE ESTABLISHED Petitions/ Comments: August 21, 2000 Replies/ Oppositions: August 28, 2000 PrimeCo PCS, LP (“ PrimeCo”) and Joseph J. Simons, as Trustee on behalf of AT& T Corporation (“ Trustee”), have filed an application pursuant to Section 310( d) of the Communications Act of 1934, as amended, 47 U. S. C. § 310( d), seeking Commission approval of the transfer of control of Houston MTA, L. P. (“ Houston MTA”) to the Trustee. 1 The parties state that PrimeCo is controlled by Bell Atlantic Corporation, d/ b/ a Verizon Communications (“ Bell Atlantic”), and that this transaction accomplishes a divestiture in the Houston market as required by the Commission’s Order granting the applications for Bell Atlantic to acquire control of the licenses and lines of GTE Corporation (“ GTE”) 2 and by the Consent Decree among GTE, Bell At lant ic, Vodafone AirTouch Plc and the Department of Just ice (“ DOJ”). 3 The parties state further that this application does not include the Victoria and Lake Charles BTAs included within the Houston MTA, that Bell Atlantic intends to retain control over these two BTAs, and that they have obtained DOJ approval to retain these two BTAs. 1 On June 26, 2000, the Commercial Wireless Division of the Wireless Telecommunications Bureau granted an application to transfer control of Houston MTA and its associated PCS license to a divestiture trust to be administered by Joseph J. Simons, Esq., as Trustee on behalf of Bell Atlantic and Vodafone AirTouch Plc. See Order, DA 00- 1414 (CWD, rel. June 26, 2000). The transfer to the divestiture trust has not yet been consummated. 2 See In re Application of GTE Corporation and Bell Atlantic Corporation for Consent to Transfer of Control, Memorandum Opinion and Order, CC Dkt. 98- 184, FCC 00- 221 (rel. June 16, 2000). 3 See Final Judgment, U. S. v. Bell Atlantic Corp., Civ. No. 1: 99CV01119 (LFO) (D. D. C. Apr. 18, 2000). 1 - 2 - Request for Waiver of Spectrum Aggregation Limit The parties state that, pursuant to the Consent Decree, DOJ has approved AT& T to purchase Houston MTA, but such approval is conditioned on AT& T placing its interest in trust pending AT& T’s disposition of overlapping licenses in the Houston MTA. Because the license held in this trust will be attributable to AT& T for purposes of the Commission’s spectrum aggregation limit, 4 the Trustee requests a temporary waiver, until January 27, 2001, of the spectrum aggregation limit. The following application has been filed for consent to transfer control of the Personal Communications Services license listed below and has been assigned the file number indicated. 5 SECTION 310 APPLICATION Licensee Holding Authorization in the Part 24 Personal Communications Services File Number Licensee Call Sign 0000188217 Houston MTA, L. P. WPQL238 Final action on this application will not be taken earlier than 31 days following the date of this Public Notice. See 47 U. S. C. § 309( b). Interested parties may file comments or petitions to deny no later than August 21, 2000. Replies to such pleadings may be filed no later than August 28, 2000. All filings concerning matters referenced in this Public Notice should refer to DA 00- 1634, as well as the specific file number of the individual application or other matters to which the filings pertain. GENERAL INFORMATION The transfer of control application referenced herein has 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. 4 47 C. F. R. § 20.6. 5 The parties have informed the Commission that they will also file an application to assign the international 214 authority of Houston MTA to the Trustee. That application will be processed separately by the International Bureau. 2 - 3 - Pursuant to 47 C. F. R. § 1.1200( a), which permits the Commission to 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 47 C. F. R. § 1. 1206. Pursuant to the requirements of 47 C. F. R. § 1.927( i), ex parte notifications filed by the applicants must be served on all parties to the proceeding. All documents filed in this proceeding should indicate in the caption that this matter is before the Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch. An original and four copies of all pleadings must be filed with the Commission’s Secretary, Magalie Roman Salas, 445 Twelfth Street, S. W., TW- A325, Washington, D. C. 20554, in accordance with Section 1.51( c) of the Commission’s Rules, 47 C. F. R. § 1.51( c). In addition, one copy of each pleading must be delivered to each of the following locations: (1) the Commission’s duplicating contractor, International Transcription Services, Inc. (“ ITS”), 445 12 th Street, S. W., Room CY- B402, Washington, D. C. 20554; (2) Office of Media Relations, Reference Operations Division, 445 12 th Street, S. W., Room CY- A257, Washington, D. C. 20554; (3) Lauren Kravetz, Commercial Wireless Division, Wireless Telecommunications Bureau, 445 12th Street, S. W., Room 4- A163, Washington, D. C. 20554; and (4) Michael Samsock, Commercial Wireless Division, Wireless Telecommunications Bureau, 445 12 th Street, S. W., Room 4- A131, Washington, DC 20554. Copies of the application and any subsequently filed documents in this matter may be obtained from ITS. The application and documents are also available for public inspection and copying during normal reference room hours at the following Commission office: Office of Media Relations, Reference Operations Division, 445 12 th Street, S. W., Room CY- A257, Washington, D. C. 20554. In addition, the application is available electronically through the Wireless Telecommunications Bureau’s Universal Licensing System, which may be accessed on the Commission’s Internet web site at http:// www. fcc. gov. For further information, contact Lauren Kravetz or Michael Samsock, Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418- 7240. -FCC- 3