PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 12-191 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: February 10, 2012 USCOC OF GREATER NORTH CAROLINA, LLC AND CAVALIER WIRELESS, LLC SEEK FCC CONSENT TO THE ASSIGNMENT OF LOWER 700 MHZ BAND A AND B BLOCK LICENSES ULS File Nos. 0004999518, 0004999524 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: February 24, 2012 Oppositions Due: March 5, 2012 Replies Due: March 12, 2012 I. INTRODUCTION USCOC of Greater North Carolina, LLC (“USCOC-GNC”), an indirect wholly-owned subsidiary of United States Cellular Corporation (“USCC”),1 and Cavalier Wireless, LLC (“Cavalier”) (collectively, “the Applicants”) have filed two applications pursuant to Section 310(d) of the Communications Act of 1934, as amended,2 seeking to assign three Lower 700 MHz Band A and B Block licenses from Cavalier to USCOC-GNC. The Applicants state that the additional spectrum will enable USCC to offer innovative wireless services utilizing 700 MHz spectrum in the markets in which the licenses will be acquired and will allow USCC to improve and enhance its voice and data service offerings in those markets. Preliminary review of the application indicates that, as a result of the proposed license assignments, USCC would be attributed with, post transaction, 49 megahertz of spectrum below 1 GHz in six of the nine CMAs in North Carolina that are the subject of this application. II. SECTION 310(d) APPLICATION The following applications for consent to the full assignment of Lower 700 MHz Band A and B Block licenses from Cavalier to USCOC-GNC have been assigned the following file numbers: File No. Licensee/Assignor Assignee Lead Call Sign 0004999518 Cavalier Wireless, LLC USCOC of Greater North Carolina, LLC WQIZ402 0004999524 Cavalier Wireless, LLC USCOC of Greater North Carolina, LLC WQIZ395 1 USCC is a majority-owned (82.8 percent) subsidiary of Telephone and Data Systems, Inc. (“TDS”). 2 47 U.S.C. § 310(d). 2 III. EX PARTE STATUS OF THIS PROCEEDING Pursuant to Section 1.1200(a) of the Commission’s rules,3 the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. We announce that these applications 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 are directed to the Commission’s ex parte rules. Parties 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 forth in Section 1.1206(b) as well.7 IV. GENERAL INFORMATION The assignment 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. Interested parties must file petitions to deny no later than February 24, 2012. 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 5, 2012. Replies to such pleadings must be filed no later than March 12, 2012. All filings concerning matters referenced in this Public Notice should refer to ULS File No. 0004981001. To allow the Commission to consider fully all substantive issues regarding the subject application in as timely and efficient a manner as possible, petitioners and commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies.8 A party or interested person seeking to raise a new issue after the pleading cycle has closed must show good cause why it was not possible for it to have raised the issue previously. Submissions after the pleading cycle has closed that seek to raise new issues based on new facts or newly discovered facts should be filed within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not timely raised may be disregarded by the Commission. Under the Commission’s current procedures for the submission of filings and other documents,9 submissions in this matter may be filed electronically (i.e., though the Commission’s Universal Licensing System (“ULS”)) or by hand delivery to the Commission. 3 47 C.F.R. § 1.1200(a). 4 47 C.F.R. § 1.1206. 5 See 47 C.F.R. § 1.1206(b)(1). 6 See id. 7 Id. § 1.1206(b). 8 See 47 C.F.R. §1.45(c). 9 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009). 3 · If filed by ULS, pleadings may be filed via https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp. · 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. All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, D.C. 20554. 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, Express, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau, at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Kate Matraves, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, 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). 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 application 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 ULS, which may be accessed on the Commission’s Internet website. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Contact the FCC to request reasonable accommodations for filing comments (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418- 0432. For further information, contact Kathy Harris, Mobility Division, Wireless Telecommunications Bureau, at (202) 418-0609, or Kate Matraves, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at (202) 418-7878. -FCC-