*Pages 1--3 from Microsoft Word - 21364.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA02- 2313 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: September 18, 2002 WIRELESS TELECOMMUNICATIONS BUREAU GRANTS CONSENT TO ASSIGN C, E and F BLOCK BROADBAND PCS LICENSES Pursuant to Section 310( d) of the Communications Act, 47 U. S. C. § 310( d), and Section 0.331 of the Commission's rules, 47 C. F. R. § 0.331, the Wireless Telecommunications Bureau (Bureau) approves, subject to the conditions set forth below, the applications requesting Commission consent to assign the following licenses: Leap Wireless International, Inc. to AT& T Wireless PCS, LLC: Markets B366C3 – Pueblo, CO, BTA (C Block -- Auction 22); B132E – Escanaba, MI, B037E – Bemidji, B054E – Brainerd, MN, BTA (E Block); File No. 0000881554. Cricket Licensee (Lakeland) Inc. to AT& T Wireless PCS, LLC: Market B239F – Lakeland, FL, BTA (F Block); File No. 0000881605. Lafayette Communications Company, L. L. C. to Triton PCS License Company, L. L. C.: Markets B229F – Kingsport, TN; BTA (F Block); B284C – Martinsville, VA, B430C – Staunton, VA, BTA (C Block – Auction 22); B022F -- Athens, GA, BTA (F Block – Auction 35); File No.: 0000924075. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. 1 Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C. F. R. § 1.2111( c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U. S. C. § 310( d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948( d) provides that licensees are required to notify the Commission of consummation using FCC Form 603. See 47 C. F. R. §1.948( d). Hence, we remind parties that an assignment shall not be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license 1 In order to be current, the installment payment may not be in the non- delinquency period or grace period. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd. 374 (1997). In addition, there must be no outstanding fees, including late fees, due to the Commission. 1 2 being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C. F. R. §1.2111( c) and (d). 2 3 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i. e. the UCC- 1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its most current filed charter documents and applicable organization identification number on or before the consummation date. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Additionally, all installment payments must be current on the consummation date. 2 Upon receipt of the letter required by Section 1.948( d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment "complete" and will issue the license to the assignee with the date of the license grant identical to the date upon which the transaction closed, thus completing the assignment. Failure of the parties to comply with Section 1.948( d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation of the Commission's assignment approval, and dismissal of the underlying assignment applications. To notify the Bureau of the proposed consummation date and to request loan documents and financing statements, contact Rita Cookmeyer or Yolanda Lee at (202) 418- 0660. Requests for loan documents and financing statements should be made at least 10 days prior to consummation. This Public Notice is issued by the Chief, Wireless Telecommunications Bureau. - FCC - 2 In order to be current, the installment payment may not be in the non- delinquency period or grace period. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd. 374 (1997). In addition, there must be no outstanding fees, including late fees, due to the Commission. 3