*Pages 1--5 from Microsoft Word - 58210.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 DA 06- 1422 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: July 10, 2006 ALLTEL COMMUNICATIONS, INC. AND CINGULAR WIRELESS LLC SEEK FCC CONSENT TO TRANSFER CONTROL OF LICENSES AND AUTHORIZATIONS WT Docket No. 06- 131 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: August 9, 2006 Oppositions Due: August 21, 2006 Replies Due: August 28, 2006 I. INTRODUCTION ALLTEL Communications, Inc. (“ ALLTEL”) and Cingular Wireless LLC (“ Cingular”) (collectively, the “Applicants”) have filed a series of applications pursuant to Section 310( d) of the Communications Act of 1934, as amended. 1 In these applications, the Applicants seek Commission approval of the pro forma assignment of licenses from WWC Holding Co., Inc. (“ WWC”), a wholly-owned subsidiary of ALLTEL, and Great Western Cellular Holdings LLC (“ Great Western”) 2 to Southern Minnesota, LLC (“ Southern Minnesota”), another wholly- owned subsidiary of ALLTEL, and the transfer of control of Southern Minnesota to Cingular. These applications pertain to licenses for the Part 22 Cellular Radiotelephone Service, Part 24 Personal Communications Service, and Part 101 Common Carrier Fixed Point- to- Point Microwave and Microwave Industrial/ Business Pool Services. 1 47 U. S. C. §§ 214, 310( d). 2 The Applicants note that ALLTEL currently does not control Great Western. However, there is an application pending before the Commission to transfer control of Great Western to WWC. See Application to Transfer Control of Southern Minnesota, LLC to ALLTEL Corporation, File No. 50006CLTC06, Exhibit 1, at 2 n. 4 (filed June 22, 2006) (“ Transfer of Control Application”) (citing Application to Transfer Control of Great Western Cellular Holdings LLC to ALLTEL Corporation, File No. 0002532959 (filed Mar. 21, 2006)). The Applicants state that “for the purposes of this [a] pplication, [they] assume that the Commission will grant the pending application to transfer control of Great Western to WWC.” Id. The Applicants further state that they “intend to transfer control of Great Western’s cellular license to Cingular once ALLTEL acquires control of the license.” Id. 1 2 These assignment and transfer of control applications were filed in connection with a proposed acquisition whereby Cingular will acquire wireless licenses and certain assets in southern Minnesota. 3 The Applicants state that, pursuant to the Purchase Agreement, “existing ALLTEL customers will remain with ALLTEL.” 4 The Applicants further state that “Cingular’s acquisition of these licenses and certain related wireless system assets responds to the competitive concerns that have been raised in response to ALLTEL’s proposed acquisition of Midwest Wireless Holdings, L. L. C.” 5 The Applicants assert that the pro forma applications assigning the licenses to Southern Minnesota will be consummated immediately prior to the consummation of the application transferring of control of Southern Minnesota to Cingular. 6 II. SECTION 310( d) APPLICATIONS The following applications for consent to pro forma assign licenses to Southern Minnesota and to transfer control of licenses to Cingular have been assigned the file numbers listed below. File No. Licensee Lead Call Sign 0002649372 7 WWC Holding Co., Inc. KNKN282 0002660860 Great Western Cellular Holdings LLC WPSJ612 50006CLTC06 8 Southern Minnesota, LLC KNKN282 3 See Transfer of Control Application, Exhibit 1, at 1. 4 Id., Exhibit 1, at 1, 4 n. 17. 5 Id., Exhibit 1, at 4 (citing Midwest Wireless Holdings, L. L. C. and ALLTEL Communications, Inc. Seek FCC Consent to Transfer Control of Licenses and Authorizations, WT Docket No. 05- 339, Public Notice, 20 FCC Rcd 19834 (2005)). 6 See Transfer of Control Application, Exhibit 1, at 1 n. 2, 2. 7 ULS File No. 0002649372 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 in the Universal Licensing System (“ ULS”) at http:// wireless. fcc. gov/ uls/. 8 This application is attached to File No. 0002649372. This application seeks consent for the transfer of control of licenses from Southern Minnesota to ALLTEL. As background, the Southern Minnesota licenses are the subject of two pending applications seeking Commission approval of the pro forma assignment of licenses from WWC and Great Western to Southern Minnesota. See Application to Pro Forma Assign Licenses from WWC Holding Co., Inc. to ALLTEL Corporation, File No. 0002649372 (filed June 13, 2006); Application to Pro Forma Assign Licenses from Great Western Cellular Holdings LLC to ALLTEL Corporation, File No. 0002660860 (filed June 13, 2006). Further, the pro forma application assigning licenses from Great Western to Southern Minnesota is contingent upon approval and consummation of the application seeking consent to the transfer of control of licenses held by Great Western to ALLTEL, which also is pending before the Commission. See Application to Transfer Control of Great Western Cellular Holdings LLC to ALLTEL Corporation, File No. 0002532959 (filed Mar. 21, 2006); see also discussion supra note 2. Since the applications assigning licenses from WWC and Great Western to Southern Minnesota remain pending, the licenses are not shown as being held by Southern Minnesota in ULS. Thus, pursuant to section 1.913( b) of the Commission’s rules, 47 C. F. R. § 1.913( b), this application was filed manually with a request for waiver of the ULS electronic filing requirement. See Transfer of Control Application, Exhibit 1, at 2. We grant the parties’ request for waiver of the ULS filing requirement. 2 3 IV. EX PARTE STATUS OF THIS PROCEEDING Pursuant to section 1.1200( a) of the Commission’s rules, 9 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. 10 Parties making oral ex parte presentations are directed to the Commission’s statement reemphasizing 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. 11 More than a one- or two- sentence description of the views and arguments presented is generally required. 12 Other rules pertaining to oral and written presentations are set forth in section 1.1206( b) as well. 13 We urge parties to use the Electronic Comment Filing System (“ ECFS”) to file ex parte submissions. 14 V. GENERAL INFORMATION The transfer of control 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. 15 Interested parties must file petitions to deny no later than August 9, 2006. 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 August 21, 2006. Replies to such pleadings must be filed no later than August 28, 2006. All filings concerning matters referenced in this Public Notice should refer to DA 06- 1422 and WT Docket No. 06- 131, 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, 16 submissions in this matter may be filed electronically (i. e., through ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. 9 47 C. F. R. § 1.1200( a). 10 Id. § 1.1206. 11 See Commission Emphasizes the Public’s Responsibilities in Permit- But- Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 12 See 47 C. F. R. § 1.1206( b)( 2). 13 Id. § 1.1206( b). 14 See discussion infra Part V. 15 See 47 U. S. C. § 309( b). 16 See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001); see also Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 16705 (2003). 3 5 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