*Pages 1--3 from Microsoft Word - 16422* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 02- 757 Released: April 3, 2002 WIRELINE COMPETITION BUREAU AND WIRELESS TELECOMMUNICATIONS BUREAU GRANT CONSENT FOR TRANSFER OF CONTROL OF LICENSES AND AUTHORIZATIONS FROM MCT, INC. TO TELEPHONE AND DATA SYSTEMS, INC. CC Docket No. 02- 9 On January 10, 16, and 17, 2002, MCT, Inc. (“ MCT”) and Telephone and Data Systems, Inc. (“ TDS”) (collectively, “Applicants”) filed applications pursuant to sections 214 and 310( d) of the Communications Act of 1934, as amended (“ Communications Act”), 47 U. S. C. §§ 214, 310( d), requesting Federal Communications Commission (“ Commission”) approval to transfer control to TDS of Commission licenses and authorizations held by MCT and its subsidiaries to provide domestic telecommunications services pursuant to parts 22, 63, and 90 of the Commission’s rules. 1 Specifically, Applicants request Commission approval to transfer control of wireless licenses and domestic authorizations held by MCT and its subsidiaries to TDS. Under the terms of the proposed transfer of control, Maple Acquisition Corp., a wholly- owned subsidiary of TDS, will merge with and into MCT, leaving MCT a wholly- owned indirect subsidiary of TDS. 2 Pursuant to sections 214 and 310( d) of the Communications Act of 1934, as amended, 3 and sections 0.291 and 0.331 of the Commission’s rules, 4 the Wireline Competition Bureau and Wireless Telecommunications Bureau approve the following applications requesting Commission consent to transfer control of licenses and authorizations currently held by MCT to 1 See Application of New Hampshire Telephone Company, Inc. d/ b/ a MCT Long Distance and Telephone and Data Systems, Inc. for Consent to Transfer Global Resale Authority (filed Jan. 10, 2002); Application of MCT, Inc. and Telephone and Data Systems, Inc. for Consent to Transfer Control, ULS File No. 0000734761 (filed Jan. 16, 2002); Application of MCT, Inc. and Telephone and Data Systems, Inc. for Consent to Transfer Domestic Blanket Section 214 Authority (filed Jan. 17, 2002) (“ Domestic 214 Application”). 2 See Domestic 214 Application at 2. 3 47 U. S. C. §§ 214, 310( d). 4 47 C. F. R. §§ 0.291, 0.331. 1 2 TDS. 5 No comments or petitions to deny were received in response to the Public Notice announcing that the application had been accepted for filing. 6 The Bureaus find, upon consideration of the record, that the proposed transfers will serve the public interest, convenience, and necessity. TRANSFER OF CONTROL APPLICATIONS This Public Notice pertains to the following applications for transfer of control. This is a non- exhaustive list of the license and authorization applications involved in this transaction. Interested parties should refer to the applications filed in CC Docket No. 02- 9 for a complete listing of licenses and authorizations. I. SECTION 310 APPLICATION The Wireless Telecommunications Bureau finds, upon consideration of the record, that grant of the proposed transfers will serve the public interest, convenience, and necessity. 7 The following application for consent to transfer control of a Paging and Radiotelephone Service and Industrial/ Business Radio Service license from MCT to TDS is hereby granted. File Number Licensee Lead Call Sign 0000734761 MCT, Inc. KCI301 II. DOMESTIC SECTION 214 APPLICATION The Wireline Competition Bureau finds, upon consideration of the record, that the proposed transfer will serve the public interest, convenience, and necessity. Therefore, pursuant to section 214 of the Communications Act and section 63.01 of the Commission’s rules, 8 the application for transfer of the section 214 authorization for the provision of domestic telecommunications services held by MCT to TDS is hereby granted. 5 The International Bureau granted the transfer of control for the international section 214 authorization (authorization number ITC- T/ C- 20020110- 00033) held by New Hampshire Telephone Company, Inc., a subsidiary of MCT, to TDS on February 20, 2002, subject to the approval we grant in this public notice. See International Authorizations Granted, Public Notice, DA 02- 403, Report No. TEL- 00497, at 5 (rel. Feb. 21, 2002); see also Application of New Hampshire Telephone Company, Inc. d/ b/ a MCT Long Distance and Telephone and Data Systems, Inc. for Consent to Transfer Global Resale Authority (filed Jan. 10, 2001). 6 See Commission Seeks Comment on Applications for Consent to Transfer Control Filed by MCT, Inc. and Telephone and Data Systems, Inc., Public Notice, CC Docket No. 02- 9, DA 02- 273 (rel. Feb. 6, 2002). 7 See 47 U. S. C. § 310( d). 8 Id. § 214; 47 C. F. R. § 63.01. 2 3 III. PROCEDURAL MATTERS Pursuant to section 1.103 of the Commission’s rules, 9 the consent granted herein is effective upon release of this Public Notice. Pursuant to sections 1.106( f) and 1.115( a) of the Commission’s rules, 10 petitions for reconsideration and applications for review may be filed within thirty days of the release of this Public Notice. By this approval, the parties are authorized to consummate the transactions described in their applications. With respect to the wireless licenses at issue, section 1.948( d) of the Commission's rules provides that “the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation.” 11 For further information, contact Aaron Goldberger, Competition Policy Division, Wireline Competition Bureau, at (202) 418- 1580. 9 47 C. F. R. § 1.103. 10 Id. §§ 1.106( f), 1.115( a), 11 Id. § 1.948( d). The Commission’s rules do not require parties to notify the Commission of consummation of a transfer of control of domestic section 214 authorizations. 3