*Pages 1--5 from Microsoft Word - 45577.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 DA 05- 168 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: January 26, 2005 CINGULAR WIRELESS LLC AND TRITON PCS HOLDINGS, INC. SEEK FCC CONSENT TO THE TRANSFER OF CONTROL OF LICENSES WT Docket No. 05- 26 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: February 25, 2005 Oppositions Due: March 7, 2005 Replies Due: March 14, 2005 Triton License Newco, LLC (“ Triton Newco”), a wholly- owned subsidiary of Triton PCS Holdings, Inc. (“ Triton”), and AWS License Newco, LLC (“ AWS Newco”), a wholly- owned subsidiary of Cingular Wireless LLC (“ Cingular”), have filed two applications seeking approval, pursuant to Section 310( d) of the Communications Act of 1934, as amended, 1 for the transfer of control of Personal Communications Services (“ PCS”) and common carrier fixed point- to- point microwave licenses. The Applicants seek Commission consent to transfer control of PCS licenses held by Triton Newco from Triton to Cingular, and PCS and ancillary microwave licenses held by AWS Newco from Cingular to Triton. As a result of the proposed spectrum exchange, Triton will acquire between 7.5 MHz and 20 MHz of PCS spectrum in Puerto Rico, the United States Virgin Islands, and parts of North Carolina and South Carolina, 2 and Cingular will acquire between 10 MHz and 50 MHz of PCS spectrum in parts of Virginia, North Carolina, and West Virginia. 3 I. SECTION 310( d) APPLICATIONS The following applications for consent to transfer control of PCS and microwave licenses granted pursuant to Parts 24 and 101 of the Commission’s rules have been assigned the file numbers below: File No. Licensee Lead Call Sign 0001963881 AWS License Newco, LLC WPOU284 1 47 U. S. C. § 310( d). 2 Post- transaction, Triton will hold between 20 MHz and 35 MHz of spectrum in the applicable markets. 3 Post- transaction, Cingular will hold between 30 MHz and 85 MHz of spectrum in the applicable markets. 1 2 File No. Licensee Lead Call Sign 0001963918 Triton License Newco, LLC WPOI204 2 3 II. EX PARTE STATUS OF THIS PROCEEDING Pursuant to section 1.1200( a) of the Commission’s rules, 4 the Commission may 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 section 1.1206 of the Commission’s rules. 5 Parties making oral ex parte presentations are directed to the Commission’s statement re-emphasizing the public’s responsibility in permit- but- disclose proceedings and are reminded that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed. 6 More than a one- or two- sentence description of the views and arguments presented is generally required. 7 Other rules pertaining to oral and written presentations are set forth in section 1.1206( b) as well. 8 We urge parties to use the Electronic Comment Filing System (“ ECFS”) to file ex parte submissions. 9 III. GENERAL INFORMATION The applications referenced herein have 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. Final action on these applications will not be taken earlier than thirty- one days following the date of this Public Notice. 10 Interested parties must file petitions to deny no later than February 25, 2005. Persons and entities that file petitions to deny become parties to the proceeding. They may participate fully in the proceeding, including seeking access to any confidential information that may be filed under a protective order, seeking reconsideration of decisions, and filing appeals of a final decision to the courts. Oppositions to such pleadings must be filed no later than March 7, 2005. Replies to such pleadings must be filed no later than March 14, 2005. All filings concerning matters referenced in this Public Notice should refer to DA 05- 168 and WT Docket No. 05- 26, as well as the specific file numbers of the individual applications or other matters to which the filings pertain. Under the Commission’s current procedures for the submission of filings and other documents, 11 submissions in this matter may be filed electronically (i. e., though ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. 4 47 C. F. R. § 1.1200( a). 5 Id. § 1.1206. 6 See Commission Emphasizes the Public’s Responsibilities in Permit- But- Disclose Proceedings, Public Notice, 15 FCC Rcd. 19,945 (2000). 7 See 47 C. F. R. § 1.1206( b)( 2). 8 Id. § 1.1206( b). 9 See discussion infra Part III. 10 See 47 U. S. C. § 309( b); see also Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd. 20,604 (2003). 11 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd. 3 5 available on the FCC's Office of General Counsel's website, http:// www. fcc. gov/ ogc, which will contain a fully indexed, unofficial listing and electronic copies of all materials in this docket. Alternate formats of this public notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418- 7426 (voice), (202) 418- 7365 (TTY), or send an e- mail to access@ fcc. gov. For further information, contact Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at (202) 418- 2042, or Susan Singer, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at (202) 418- 1340. -FCC- 5