*Pages 1--4 from Microsoft Word - 31955* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 DA 03- 3031 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: October 6, 2003 CINGULAR WIRELESS AND NEXTWAVE SEEK FCC CONSENT FOR THE FULL AND PARTIAL ASSIGNMENT OF THIRTY- FOUR BROADBAND PERSONAL COMMUNICATIONS SERVICES LICENSES WT Docket No. 03- 217 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: November 5, 2003 Oppositions Due: November 17, 2003 Replies Due: November 24, 2003 NextWave Personal Communications Inc. and NextWave Power Partners Inc. (collectively, “NextWave”) 1 and subsidiaries of Cingular Wireless LLC (“ Cingular”) have filed a series of applications pursuant to Section 310( d) of the Communications Act of 1934, as amended. 2 In these applications, the parties seek Commission consent to either fully or partially assign C and F Block broadband Personal Communications Services (“ PCS”) authorizations in thirty- four markets from NextWave to Cingular. There are no related microwave stations or international authorizations being assigned. I. SECTION 310( d) APPLICATIONS The following applications seek consent for the full or partial assignment of thirty- four C and F Block PCS licenses that were granted pursuant to Part 24 of the Commission’s rules. The applications have been assigned the file numbers indicated below: 1 The Commission’s licensing records currently show NextWave Personal Communications Inc. and NextWave Power Partners Inc. as the respective licensees of the call signs that are encompassed within this public notice. Pursuant to currently pending applications on file with the Commission, the Commission’s licensing records and the applications listed in this public notice will be corrected to show the licensees as NextWave Personal Communications Inc., Debtor- in- Possession, and NextWave Power Partners Inc., Debtor- in- Possession, respectively. Accordingly, the applications listed in this public notice will be treated as involving assignments of authorizations from NextWave Personal Communications Inc., Debtor- in- Possession, and NextWave Power Partners Inc., Debtor- in- Possession, respectively. 2 47 U. S. C. § 310( d). 1 2 File Number Licensee Lead Call Sign 0001461949 3 NextWave Personal Communications, Inc. KNLF693 0001462008 NextWave Personal Communications, Inc. KNLF676 0001462060 NextWave Personal Communications, Inc. KNLF653 0001462065 NextWave Personal Communications, Inc. KNLF648 0001462358 NextWave Personal Communications Inc. KNLF812 0001462360 NextWave Personal Communications, Inc. KNLF645 0001462372 NextWave Personal Communications, Inc. KNLF646 0001462378 NextWave Personal Communications, Inc. KNLF679 0001462417 NextWave Power Partners, Inc. KNLH204 0001462499 NextWave Power Partners, Inc. KNLH200 0001462500 NextWave Power Partners, Inc. KNLH208 0001462559 NextWave Power Partners Inc. KNLF938 0001462570 NextWave Power Partners, Inc. KNLH203 II. DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES The proposed transaction would include the assignment of C and F Block PCS licenses to Cingular. The Commission’s Rules state that “[ n] o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,” except when, among other things, “[ t] he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203( c) that its five- year construction requirement has been satisfied.” 4 The parties state that the five- year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. The licenses at issue are subject to installment payment financing and Cingular is not a qualified designated entity. The parties propose to pay, upon consummation of the proposed transaction, a portion of the total amount owed for the licenses directly to the U. S. Treasury. Consequently, as part of its approval of the instant applications, the parties request that the Commission grant waivers of sections 1.2111 and 24.714 of its rules, or explicitly state that delivery of such payment constitutes full payment, and satisfies all conditions, required under sections 1.2111 and 24.714 of its rules. 5 Furthermore, the parties request a waiver of section 24.724( c)( 2)( ii), which requires that unjust enrichment payments be submitted to the Commission within thirty days of the release of the public notice consenting to a partial assignment application. 6 The parties state that the payment to the U. S. Treasury will occur on the date of consummation in compliance with section 1.2111 of the Commission’s rules. 7 3 ULS File No. 0001461949 has been designated as the lead application, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application will be available through this file number. 4 47 C. F. R. § 24.839( a)( 6). 5 47 C. F. R. §§ 1.2111, 24.714. 6 47 C. F. R. § 24.714( c)( 2)( ii). 7 47 C. F. R. §§ 1.2111( c), (d). See 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 Rule Making, WT Docket No. 97- 82, 15 FCC Rcd. 15,293, 15,315, ¶ 37. 2 4 filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. 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 mail, Express Mail, 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, Qualex International, at qualexint@ aol. com or (202) 863- 2898 (facsimile); (2) Erin McGrath, Commercial Wireless Division, Wireless Telecommunications Bureau, at erin. mcgrath@ fcc. gov, or (202) 418- 7447 (facsimile); (3) Joel Rabinovitz, Office of General Counsel, at joel. rabinovitz@ fcc. gov, or (202) 418- 2822 (facsimile); and (4) Rita Cookmeyer, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at rita. cookmeyer@ fcc. gov or (202) 418- 0890 (facsimile). Copies of the applications and any subsequently- filed documents in this matter may be obtained from Qualex International, in person at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 863- 2893, via facsimile at (202) 863- 2898, or via e- mail at qualexint@ aol. com. The applications 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 applications are also available electronically through the Commission’s Electronic Comment Filing System (ECFS), which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. For further information, contact Erin McGrath, Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418- 7240, or Rita Cookmeyer, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418- 0660. -FCC- 4