*Pages 1--2 from Microsoft Word - 26876.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA03- 1173 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: April 18, 2003 WIRELESS TELECOMMUNICATIONS BUREAU GRANTS CONSENT TO ASSIGN C BLOCK BROADBAND PCS LICENSE 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 application requesting Commission consent to assign the following license: Pine Belt PCS, Inc. to Pine Belt Cellular, Inc. d/ b/ a Pine Belt Wireless: Market: B415C – Selma, AL, BTA (C Block), File No. 0001191849. The above referenced application is 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). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. We approve this assignment of license application because we find it is 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, 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 1 In order to be current, the installment payment may not be in the first quarter grace period or the second additional quarter grace period. Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd. 21520 (2000). In addition, there must be no outstanding fees, including late fees, due to the Commission. 1 2 or before the consummation date. The assignee will provide the Commission with its most current filed charter documents and applicable organization identification number on or before the consummation date. Upon receipt of the filing 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. 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