PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 07-3404 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: July 26, 2007 AT&T INC. AND DOBSON COMMUNICATIONS CORPORATION SEEK FCC CONSENT TO TRANSFER CONTROL OF LICENSES AND AUTHORIZATIONS WT Docket No. 07-153 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: August 27, 2007 Oppositions Due: September 6, 2007 Replies Due: September 13, 2007 I. INTRODUCTION INTRODUCTION AT&T Inc. (“AT&T”) and Dobson Communications Corporation (“Dobson”) (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 In these applications, the Applicants seek Commission approval of the transfer of control of licenses, authorizations and de facto transfer spectrum leases held by Dobson and its subsidiaries from Dobson CC Limited Partnership, the controlling interest holder in Dobson,2 to AT&T. The transfer of control will take place as a result of a proposed merger whereby Alpine Merger Sub, Inc. (“Alpine Merger Sub”), a wholly-owned subsidiary of AT&T, will be merged into Dobson. At closing, the separate corporate existence of Alpine Merger Sub will cease, and Dobson will continue as the surviving corporation and a wholly-owned subsidiary of AT&T.3 These transfer of control applications pertain to licenses for the Part 22 Cellular Radiotelephone Service, the Part 24 Personal Communications Service, the Part 27 Advanced Wireless Service, and the Part 101 Common Carrier Fixed Point-to-Point Microwave Service, as well as international Section 214 authorizations. 1 47 U.S.C. §§ 214, 310(d). 2 See Dobson Communications Corporation, FCC Form 602, File No. 0002781671 (filed Oct. 11, 2006). 3 Dobson will continue to own the stock of its subsidiaries, and Dobson and its subsidiaries will continue to hold all of the FCC authorizations and spectrum leases that they held prior to the merger. 2 II. SECTION 310(d) APPLICATIONS The following applications for consent to the transfer of control of Dobson’s wireless radio services licenses to AT&T have been assigned the file numbers listed below. File No. Licensee Lead Call Sign 00030923684 Alton CellTelCo Partnership KNKA611 0003092370 American Cellular Corporation KNKA455 0003092372 DCC PCS, Inc. KNLF909 0003092373 Dobson Cellular Systems of Alaska, LLC KNKA536 0003092375 Dobson Cellular Systems, Inc. KNKA318 0003092377 Highland Cellular, LLC KNKN618 0003092378 Oklahoma Independent RSA 5 Partnership KNKN607 0003092379 Oklahoma Independent RSA 7 Partnership KNKN578 0003092380 Texas RSA No. 2 Limited Partnership KNKN646 The following applications for consent to the transfer of control of de facto transfer spectrum leases to AT&T have been assigned the file numbers listed below. File No. Lessee Lead Lease ID Number 0003092964 American Cellular Corporation L000000865 0003092965 Dobson Cellular Systems, Inc. L000000868 0003102546 Dobson Cellular Systems of Alaska, LLC L000001842 III. INTERNATIONAL SECTION 214 AUTHORIZATIONS The following applications for consent to the transfer of control of Dobson’s international Section 214 authorizations to AT&T have been assigned the file numbers listed below. File No. Authorization Holder Authorization Number ITC-T/C-20070713-002675 American Cellular Corporation ITC-214-20000428-00255 ITC-T/C-20070713-00266 Dobson Communications Corporation ITC-214-20000428-00254 ITC-T/C-20070713-00264 Dobson Cellular Systems, Inc. ITC-214-20031113-00514 IV. EX PARTE STATUS OF THIS PROCEEDING Pursuant to Section 1.1200(a) of the Commission’s rules,6 the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. We 4 This application is the lead application for the wireless radio services. 5 This application is the lead international Section 214 application. 6 47 C.F.R. § 1.1200(a). 3 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.7 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.8 More than a one- or two-sentence description of the views and arguments presented is generally required.9 Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well.10 We urge parties to use the Electronic Comment Filing System (“ECFS”) to file ex parte submissions.11 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.12 Interested parties must file petitions to deny no later than August 26, 2007. 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 September 6, 2007. Replies to such pleadings must be filed no later than September 13, 2007. All filings concerning matters referenced in this Public Notice should refer to DA 07-3404 and WT Docket No. 07-153, 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,13 submissions in this matter may be filed electronically (i.e., though ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. 7 Id. § 1.1206. 8 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 9 See 47 C.F.R. § 1.1206(b)(2). 10 Id. § 1.1206(b). 11 See discussion infra Part V. 12 See 47 U.S.C. § 309(b). 13 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 16705 (2003). 4 · If filed by ECFS,14 comments shall be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, “get form .” A sample form and directions will be sent in reply. · If filed by paper, the original and four copies of each filing must be filed by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper 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, Best Copy and Printing, Inc., at FCC@BCPIWEB.COM or (202) 488-5563 (facsimile); (2) Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at erin.mcgrath@fcc.gov or (202) 418-7447 (facsimile); (3) Susan Singer, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at susan.singer@fcc.gov or (202) 418-7447 (facsimile); (4) Linda Ray, Broadband Division, at linda.ray@fcc.gov or (202) 418-8188 (facsimile); (5) David Krech, Policy Division, International Bureau, at david.krech@fcc.gov or (202) 418-2824 (facsimile); and (6) Neil Dellar, Office of General Counsel, at neil.dellar@fcc.gov or (202) 418-1234 (facsimile). Copies of the applications and any subsequently-filed documents in this matter may be obtained from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at FCC@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 applications are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http://www.fcc.gov. In addition, applications filed under Parts 22, 24, 90, and 101 of the Commission’s rules are available electronically through ULS, which 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 14 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 5 with disabilities by contacting Brian Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY), or by sending an e-mail to access@fcc.gov. For further information, contact Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at (202) 418-2042. -FCC-