*Pages 1--7 from Microsoft Word - 48100.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 DA 05- 656 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: March 11, 2005 COMMISSION SEEKS COMMENT ON APPLICATION FOR CONSENT TO TRANSFER OF CONTROL FILED BY SBC COMMUNICATIONS INC. AND AT& T CORP. WC Docket No. 05- 65 PLEADING CYCLE ESTABLISHED Comments/ Petitions Due: April 25, 2005 Responses/ Oppositions to Petitions Due: May 10, 2005 SBC Communications Inc. (“ SBC”) and AT& T Corp. (“ AT& T”) (collectively, “the Applicants”) have filed a series of applications pursuant to sections 214 and 310( d) of the Communications Act of 1934, as amended 1 and section 2 of the Cable Landing License Act. 2 In these applications, the Applicants seek Commission approval of the transfer of control to SBC of licenses and authorizations held directly and indirectly by AT& T. This transfer of control will take place as a result of a proposed acquisition whereby AT& T will become a wholly owned subsidiary of SBC. These transfer of control applications pertain to domestic and international section 214 authorizations; cable landing licenses; the Part 23 International Fixed Public Radiocommunication Services; Part 25 satellite earth station authorizations; the Part 22 Paging and Radiotelephone Service; the Part 22 Rural Radiotelephone Service; the Part 80 Maritime Services; the Part 87 Aviation Services; the Part 90 Industrial/ Business Pool Service; the Part 101 Private Operational Fixed Point- to- Point Microwave Service; the Part 101 Common Carrier Fixed Point- to- Point Microwave Service; the Part 101 Local Television Transmission Service; the Part 101 39 GHz, Auctioned Service; and the Part 5 Experimental Radio Service. These transfer of control applications were filed in connection with a proposed acquisition whereby SBC will acquire AT& T. At closing, a wholly owned subsidiary of SBC will be merged with and into AT& T, and each share of common stock of AT& T will be converted into 0.77942 shares of SBC common stock. AT& T thus will become a wholly owned subsidiary of SBC. In addition, at that time, 1 47 U. S. C. §§ 214, 310( d). 2 Id. § 35; see generally An Act Relating to the Landing and Operation of Submarine Cables in the United States, 47 U. S. C. §§ 34- 39 (“ Cable Landing License Act”). 1 2 AT& T will pay its shareholders a special dividend of $1.30 per share. AT& T will continue to own the stock of its subsidiaries, and AT& T and its subsidiaries will continue to hold all of the FCC authorizations that they hold prior to the merger. SBC will become the new parent of AT& T, resulting in the indirect assignment of licenses or transfer of direct control of the FCC authorizations. 3 SECTION 214 AUTHORIZATIONS A. Part 63 – Domestic Section 214 Authority The Applicants have filed an application for consent to the transfer of control of domestic section 214 authority from AT& T to SBC in connection with the transaction described above. B. Part 63 – International Section 214 Authorizations The following applications for consent to the transfer of control of AT& T’s international section 214 authorizations to SBC have been assigned the file numbers listed below. File No. Authorization Holder Authorization Number ITC- T/ C- 20050224- 00072 4 AT& T Corp. ITC- 214- 19980209- 00085 et al. ITC- T/ C- 20050224- 00071 Alascom, Inc. ITC- 214- 1997- 0421- 00221 et al. ITC- T/ C- 20050224- 00073 TCG America, Inc. ITC- 214- 1997- 0814- 00493 et al. ITC- T/ C- 20050222- 00079 TCG Delaware Valley, Inc. ITC- 90- 003 et al. ITC- T/ C- 20050222- 00080 AT& T of the Virgin Islands, Inc. ITC- 89- 060 et al. ITC- T/ C- 20050222- 00081 AT& T of Puerto Rico, Inc. ITC- 91- 034 et al. ITC- T/ C- 20050222- 00082 TC Systems, Inc. ITC- 96- 002 et al. ITC- T/ C- 20050222- 00083 ACC National Long Distance Corp. ITC- 93- 131 et al. CABLE LANDING LICENSE APPLICATION The following application for consent to the transfer of control of AT& T’s submarine cable landing licenses to SBC has been assigned the file number listed below. File No. Authorization Holder Authorization Number SCL- T/ C- 20050222- 00002 AT& T Corp. SCL- 87- 004 et al. 3 SBC Communications Inc. and AT& T Corp. Public Interest Statement, WC Docket No. 05- 65, at 11 (filed Feb. 22, 2005) (Public Interest Statement). 4 This application is the lead international section 214 application. 2 3 SECTION 310( d) APPLICATIONS Part 23 – International Public Fixed License Application File No. Licensee Lead Call Sign SES- T/ C- 20050224- 00233 AT& T of the Virgin Islands, Inc. WBH79 Part 25 – Satellite Earth Station Authorization Applications The following applications for consent to the transfer of control of satellite earth station authorizations from AT& T to SBC have been assigned the file numbers listed below. File No. Licensee Lead Call Sign SES- T/ C- 20050224- 00230 5 AT& T Corp. E000037 SES- T/ C- 20050224- 00231 AT& T Corp. E930445 SES- T/ C- 20050224- 00232 Alascom, Inc. E000650 Parts 22, 80, 87, 90 and 101 – Wireless Radio Services Applications The following applications for consent to the transfer of control of wireless radio services licenses from AT& T to SBC have been assigned the file numbers listed below. File No. Licensee Lead Call Sign 0002052427 6 AT& T Corp. KAC58 0002052535 Alascom, Inc. KBK7 0002052424 AT& T of the Virgin Islands, Inc. WLK648 0002052409 AT& T Communications of California, Inc. KMJ96 0002052528 AT& T Communications of Illinois, Inc. KSF30 0002052521 AT& T Communications of Maryland, Inc. WAD25 0002052513 AT& T Communications of Michigan, Inc. KQI61 0002052481 AT& T Communications of Pennsylvania, Inc. WCG308 0002052471 AT& T Communications of the Midwest, Inc. KAS91 0002052450 AT& T Communications of the Mountain States, Inc. KAN28 0002052440 AT& T Communications of the Pacific Northwest, Inc. WHR380 0002052418 AT& T Communications of the South Central States, Inc. KIV64 0002052444 AT& T Communications of the Southern States, Inc. KIA47 0002052419 AT& T Communications of the Southwest, Inc. KPP57 0002052399 AT& T Communications of Virginia, Inc. KIA30 0002052431 AT& T Communications of West Virginia, Inc. KXR62 5 This application is the lead satellite earth station application. 6 This application is the lead application for the wireless radio services. 3 4 File No. Licensee Lead Call Sign 0002052438 AT& T Communications of Wisconsin, Inc. WHO319 0002051267 Biztel, Inc. c/ o AT& T Corp. WMT548 Part 5 – Experimental Radio Service Applications The following application for consent to the transfer of control of Experimental Radio Service licenses from AT& T to SBC has been assigned the file number listed below. File No. Licensee Call Signs 0012- EX- TU- 2005 AT& T Corp. WD2XIZ WD2XDQ EX PARTE STATUS OF THIS PROCEEDING Pursuant to section 1.1200( a) of the Commission’s rules, 7 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. 8 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. 9 More than a one- or two- sentence description of the views and arguments presented is generally required. 10 Other rules pertaining to oral and written presentations are set forth in section 1.1206( b) as well. 11 We urge parties to use the Electronic Comment Filing System (“ ECFS”) to file ex parte submissions. 12 Ex Parte Meeting Schedule. Staff will be available for meetings on April 21 and 22, 2005, and May 9, 2005, in case interested parties wish to discuss any issues that they intend to raise in comments or reply comments, as applicable, in support of, or in opposition to, the application. The purpose of these meetings is to give interested parties an opportunity to inform staff of such issues prior to filing their written comments or reply comments. Parties who wish to schedule meetings with the Bureau should call Myrva Charles, Competition Policy Division, Wireline Competition Bureau at (202) 418- 1506. 7 47 C. F. R. § 1.1200( a). 8 Id. § 1.1206. 9 See Commission Emphasizes the Public’s Responsibilities in Permit- But- Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 10 See 47 C. F. R. § 1.1206( b)( 2). 11 Id. § 1.1206( b). 12 See discussion infra. 4 7 9. Charles Iseman, Office of Engineering and Technology, 445 12 th Street, S. W., Room 7- A363, Washington, D. C. 20554; e- mail: Charles. Iseman@ fcc. gov; 10. James Bird, Office of General Counsel, 445 12 th Street, S. W., Room 8- C824, Washington, D. C. 20554; e- mail: James. Bird@ fcc. gov; and 11. Jonathan Levy, Office of Strategic Planning and Policy Analysis, 445 12 th Street, S. W., Room 7- C362, Washington, D. C. 20554; e- mail: Jonathan. Levy@ fcc. gov. Copies of the applications and any subsequently- filed documents in this matter may be obtained from Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC 20554, telephone 1- 800- 378- 3160, or via e- mail www. bcpiweb. 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 domestic section 214 application also is available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. The international section 214 applications also are available electronically through the Commission’s IBFS, which may be accessed on the Commission’s Internet website. In addition, applications filed under Parts 22, 24, 27, 90, and 101 of the Commission’s rules are available electronically through ULS, which also may be accessed on the Commission’s Internet website. Additional information regarding the transaction will be 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 Marcus Maher, Competition Policy Division, Wireline Competition Bureau, at (202) 418- 2339; Bill Dever, Competition Policy Division, Wireline Competition Bureau, at (202) 418- 1578; Mary Shultz, Wireless Telecommunications Bureau, at (717) 228- 2656; Jeff Tobias, Wireless Telecommunications Bureau, at (202) 418- 1617; David Krech, International Bureau, at (202) 418- 7443; JoAnn Lucanik, International Bureau, at (202) 418- 0873; Charles Iseman, Office of Engineering and Technology, at (202) 418- 2444; or Jim Bird, Office of General Counsel, at (202) 418- 7802. -FCC- 7