PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 11-673 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: April 14, 2011 COMMISSION OPENS DOCKET FOR PROPOSED TRANSFER OF CONTROL OF T-MOBILE USA, INC. AND ITS SUBSIDIARIES FROM DEUTSCHE TELEKOM AG TO AT&T INC. WT Docket No. 11-65 On March 21, 2011, AT&T Inc. (“AT&T”) and Deutsche Telekom AG (“Deutsche Telekom”) announced an agreement under which AT&T will acquire T-Mobile USA, Inc. (“T-Mobile USA”) from Deutsche Telekom in a cash-and-stock transaction currently valued at approximately $39 billion. Applications seeking Commission consent to the transfer of control of T-Mobile USA and its wholly- owned and controlled subsidiaries (“Applications”) are expected. The purpose of this public notice is to announce the opening of a docket, WT Docket No. 11-65, and articulate the ex parte status of discussions related to the proposed transaction. The Commission’s administrative opening of a docket related to the proposed transaction is not intended to change the ex parte status of the proposed transaction. Accordingly, until the Applications are filed, discussions with Commission staff regarding this proposed transaction will continue to be exempt from any ex parte limitations or requirements.1 Pursuant to section 1.1200(a) of the Commission’s rules,2 the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires.3 We announce that as of the time any Applications are filed, 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.4 Parties making oral ex parte presentations after the Applications are filed 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.5 More than a one- or two-sentence description of the views and arguments presented is generally required.6 Other rules pertaining to oral and written presentations are set 1 See 47 C.F.R. § 1.1200. 2 47 C.F.R. § 1.1200(a). 3 On February 1, 2011, the Commission adopted a Report and Order amending and revising the Commission’s rules on ex parte presentations. Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, GC Dkt. No. 10-43, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-11 (rel. Feb. 2, 2011). The revised rules are awaiting publication in the Federal Register, and are not yet effective. 4 Id. § 1.1206. 5 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 6 See 47 C.F.R. § 1.1206(b)(2). 2 forth in section 1.1206(b).7 We urge parties to use the Electronic Comment Filing System (“ECFS”) to file ex parte submissions. At the time any Applications are filed with the Commission, we will release a public notice to announce that fact. That public notice will also provide procedures for requesting ex parte meetings with staff regarding the proposed transaction. One copy of each ex parte submission, which should include a reference to WT Docket No. 11- 65, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau (WTB), at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and Competition Policy Division, WTB, at catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and (4) Jim Bird, Office of General Counsel, at jim.bird@fcc.gov or (202) 418-1234 (facsimile). For further information, send an email to AT&T_T-MobileTransaction@fcc.gov. -FCC- 7 Id. § 1.1206(b).