PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 13-1255 Released: May 30, 2013 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF START WIRELESS GROUP, INC., D/B/A PAGE PLUS CELLULAR BY TRACFONE WIRELESS, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 13-138 Comments Due: June 13, 2013 Reply Comments Due: June 20, 2013 On May 23, 2013, Start Wireless Group, Inc., d/b/a Page Plus Cellular (Page Plus) and TracFone Wireless, Inc. (together, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer assets of Page Plus to TracFone. Page Plus, an Ohio corporation, provides interstate telecommunications services on a nationwide basis throughout the United States. Its principal business is the sale of prepaid cellular phones and wireless telecommunications services through the sale of prepaid airtime cards. It holds blanket domestic section 214 authority. TracFone, a Delaware corporation, and its affiliates resell domestic prepaid wireless services on a nationwide basis throughout the United States. TracFone is a wholly owned indirect subsidiary of America Movil S.A.B. de C.V. (America Movil), a Mexican telecommunications company. Applicants state that the following individuals or entities hold a 10 percent or greater direct or indirect ownership interest in TracFone: AMX USA Holding, S.A. de C.V. (98.2 percent, Mexico citizenship). Sercotel, S.A. de C.V. (Mexico citizenship) directly owns 100 percent of AMX USA Holding, S.A. de C.V. America Movil directly owns 100 percent of Sercotel. Applicants state that approximately 21.24 percent of the equity (approximately 45.02 percent of the voting stock) of America Movil is owned directly or indirectly , including beneficially owned, through a trust for the benefit of Carlos Slim Helu and certain members of his family, all of whom are Mexican citizens. Other Mexican and foreign investors hold the remaining equity and voting stock of America Movil. No public investor holds more than 10 percent of America Movil’s capital stock.2 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing applications for transfer of control associated with authorization for international services. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed supplements to their domestic section 214 application on May 29, 2013. 2 Applicants state that, collectively, members of the Slim family, the Slim family trust, and Inmobiliaria Carso, S.A. de C.V., a Mexican holding company wholly owned but the Slim family, hold 42.27 percent of the equity and 65.5 percent of the voting stock of America Movil. In addition, AT&T Inc, a publicly held Delaware corporation, holds approximately 9.11 percent of the equity and approximately 24.5 percent of the voting stock of American Movil Pursuant to the terms of the proposed transaction, TracFone will purchase Page Plus’s customer base and other assets associate with its domestic services operations, including its blanket section 214 authorization. TracFone will replace Page Plus as the telecommunications service provider to Page Plus’s customers. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the Commission’s rules and that a grant of the application will serve the public interest, convenience, and necessity.3 Domestic Section 214 Application Filed for the Acquisition of Assets of Start Wireless Group, Inc., d/b/a Page Plus Cellular by TracFone Wireless, Inc., WC Docket No. 13-138 (filed May 23, 2013). GENERAL INFORMATION The transfer of control identified herein has been found, upon initial review, to be acceptable for filing as a streamlined application. The Commission reserves the right to return any transfer application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies. Pursuant to section 63.03(a) of the Commission’s rules, 47 CFR § 63.03(a), interested parties may file comments on or before June 13, 2013, and reply comments on or before June 20, 2013. Pursuant to section 63.52 of the Commission’s rules, 47 C.F.R. § 63.52, commenters must serve a copy of comments on the Applicants no later than the above comment filing date. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.4 Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties to this proceeding should file any documents in this proceeding using the Commission’s Electronic Comment Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. In addition, e-mail one copy of each pleading to each of the following: 1) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau, tracey.wilson@fcc.gov; 2) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov; 3) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 4) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. People with Disabilities: 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 & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). through AA shares. AT&T Inc. also owns certain other shares. Application for Consent to Assignment of Customer Base and Related Assets of an Authorized Domestic Section 214 Carrier, Start Wireless Group, Inc., d/b/a Page Plus Cellular and TracFone Wireless, Inc., WC Docket No. 13-138, at 9 and n.4 (filed May 23, 2013). 3 47 C.F.R. §63.03 (b)(2)(i). 4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, please contact Tracey Wilson at (202) 418-1394 or Jodie May at (202) 418-0913. - FCC - 5 47 C.F.R. §§ 1.1200 et seq.