PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 15-1214 Released: October 23, 2015 APPLICATIONS OF AT&TMOBILITY SPECTRUM LLC, TAMPNET INC., TAMPNET LICENSEE LLC, BROADPOINT LICENSE CO., LLC, AND BROADPOINT WIRELESS LICENSE CO., LLC FOR CONSENT TO ASSIGN LICENSES AND APPROVAL OF LONG- TERM DE FACTO TRANSFER SPECTRUM LEASING ARRANGEMENTS NUMBERING RESOURCE UTILIZATION AND FORECAST REPORTS AND LOCAL NUMBER PORTABILITY REPORTS TO BE PLACED INTO THE RECORD, SUBJECT TO PROTECTIVE ORDER WT Docket No. 15-255 CC Docket No. 99-200 AT&T Mobility Spectrum LLC, an indirect wholly-owned subsidiary of AT&T Inc. (together with AT&T Mobility Spectrum LLC, “AT&T”), Tampnet Licensee LLC, a wholly-owned subsidiary of Tampnet Inc. (together with Tampnet Licensee LCC, “Tampnet”), Broadpoint License Co., LLC, and Broadpoint Wireless License Co., LLC (together with Broadpoint License Co., LLC, “Broadpoint,” and together with AT&T and Tampnet, the “Applicants”) have filed applications pursuant to sections 214(a) and 310(d) of the Communications Act of 1934, as amended (the “Act”), 1 seeking approval of a number of license assignments and long-term de facto transfer spectrum lease. Broadpoint proposes to assign to AT&T two cellular licenses covering undefined areas in the Gulf of Mexico Exclusive Zone, and Tampnet ultimately would lease from AT&T 25 megahertz under parts of those two cellular licenses. Broadpoint also would assign to Tampnet two other cellular licenses as well as two Advanced Wireless Services (“AWS-1”) licenses. The subject licenses cover the Gulf of Mexico. 2 On October 23, 2015, the Commission accepted the applications for filing and established a pleading cycle for the proposed transaction. 3 1 47 U.S.C. §§ 214(a), 310(d). 2 See Application of Broadpoint License Co., LLC and AT&T Mobility Spectrum LLC for Consent To Assign Licenses, ULS File No. 0006888586, Ex. 1 (filed Aug. 28, 2015). The Applicants have designated this application as the lead application. In addition to these cellular and AWS-1 licenses, the Applicants separately have proposed to assign earth station licenses to Tampnet, and Tampnet also has applied for an international section 214 authorization and filed a foreign ownership Petition for Declaratory Ruling. See AT&T Mobility Spectrum LLC, Tampnet Inc., Tampnet Licensee LLC, Broadpoint License Co., LLC, and Broadpoint Wireless License Co., LLC Seek FCC Grant of Assignment and Long-Term De Facto Transfer Spectrum Leasing Applications Involving Four Cellular, Two Advanced Wireless Services, and Satellite Earth Station Licenses, an International Section 214 Authorization, and a Foreign Ownership Declaratory Ruling, WT Docket No. 15-255, Public Notice¸ DA 15-1211 (WTB rel. Oct. 23, 2015) (“Comment Public Notice”). 3 See Comment Public Notice. 2In connection with the Commission’s review of the proposed transaction, the Commission intends to examine information contained in the biannual Numbering Resource Utilization and Forecast (“NRUF”) reports filed by wireless telecommunications carriers, 4 carrier-specific local number portability (“LNP”) data related to wireless telecommunications carriers, and further disaggregated monthly carrier- specific local number portability data (“Carrier-to-Carrier LNP Data”) related to wireless telecommunications carriers. These data may assist the Commission in assessing the competitive effects of the transaction. Accordingly, subject to the provisions of a protective order (“NRUF Protective Order”) being adopted this day, 5 the Commission intends to place into the record in this proceeding: ? NRUF reports for all wireless telecommunications carriers concerning data as of June 30, 2012, December 31, 2012, June 30, 2013, December 31, 2013, June 30, 2014, December 31, 2014, and June 30, 2015 (when available). ? Wireless-to-wireless LNP data for all wireless telecommunications carriers from the June 30, 2012, December 31, 2012, June 30, 2013, December 31, 2013, June 30, 2014, December 31, 2014, and June 30, 2015 (when available) LNP databases that the Commission receives from the LNP Administrator, NeuStar, Inc. This LNP data shows the total number of ports in and ports out per carrier. ? Wireless-to-wireless Carrier-to-Carrier LNP Data for all wireless telecommunications carriers, on a monthly basis, from the June 2012 to December 2014 LNP databases (and any updates that may become available during the pendency of the Commission’s review of the Application) that the Commission receives from the LNP Administrator, NeuStar, Inc. This LNP data shows, on a monthly basis, the specific number of ports from each wireless carrier to another carrier in each area. Section 251 of the Communications Act grants the Commission jurisdiction over the North American Numbering Plan (“NANP”) and related telephone numbering issues. 6 To monitor better the way numbering resources are used within the NANP and allocate NANP resources efficiently, the Commission requires telecommunications carriers to provide the Commission with a utilization report of their current inventory of telephone numbers and a five-year forecast of their numbering resource requirements. 7 LNP data are collected by the LNP Administrator and provided to the Commission. The Commission has recognized that disaggregated, carrier-specific forecast and utilization data should be treated as confidential and should be exempt from public disclosure under 5 U.S.C. § 552(b)(4). 8 The NRUF and LNP reports will be placed into the record subject to the provisions of the NRUF Protective Order. As such, the NRUF and LNP data will not be available to the public except pursuant to the terms of the NRUF Protective Order, as outlined below. Persons seeking to review the NRUF or LNP data may do so only for purposes of participating in this proceeding. Pursuant to the NRUF Protective Order, outside persons participating or intending to 4 See 47 C.F.R. §§ 1.907, 52.5. 5 See Applications of AT&T Mobility Spectrum LLC, Tampnet Inc., Tampnet Licensee LLC, Broadpoint License Co., LLC, and Broadpoint Wireless License Co., LLC for Consent To Assign Licenses and Approval of Long-Term De Facto Transfer Spectrum Leasing Arrangements, WT Docket No. 15-255, NRUF/LNP Protective Order, DA 15-1213 (WTB rel. Oct. 23, 2015). 6 47 U.S.C. § 251. 7 47 C.F.R. § 52.15(f). See Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further Notice of Proposed Rule Making, 15 FCC Rcd 7574, 7578-7579 ¶ 5 (2000). 8 Id. at 7607 ¶ 78. 3participate in the proceeding who are not involved in competitive decision-making activities and who have signed the Acknowledgment of Confidentiality attached to the NRUF Protective Order may review the NRUF and LNP data. We emphasize that persons seeking to review the NRUF or LNP data must have adequate protections in place to prevent improper use or disclosure of the information. Affected parties have until November 2, 2015 to oppose disclosure of their NRUF and LNP data. In addition, affected parties will have three business days after the filing of an Acknowledgment of Confidentiality to object to the release of the data to a particular person who requests permission to review it. If the Commission receives no opposition from affected parties by November 2, 2015, the Commission will place the NRUF, LNP, and Carrier-to-Carrier LNP data into the record subject to the safeguards contained in the NRUF Protective Order. If disclosure is opposed, the procedures set forth in 47 C.F.R. § 0.461(i) shall apply. All filings should refer to WT Docket No. 15-255. Under the Commission’s current procedures for the submission of filings and other documents, 9 submissions in this matter may be filed electronically through the Commission’s Electronic Comment Filing System (“ECFS”) or by hand delivery to the Commission. ? To file electronically, 10 comments shall be sent as an electronic file via the Internet to http://apps.fcc.gov/ecfs. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by email. ? To file 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., S.W., 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 email 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) Scott Patrick, Mobility Division, Wireless Telecommunications Bureau, at scott.patrick@fcc.gov or (202) 418-2643 (facsimile); (2) Linda Ray, Broadband Division, Wireless Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (3) Kate Matraves, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at catherine.matraves@fcc.gov or (202) 418-2643 (facsimile); and (4) Jim Bird, Office of General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile). 9 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009). 10 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 4This action is taken pursuant to sections 4(i) and 310(d) of the Communications Act, 47 U.S.C. §§ 154(i), 310(d), section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and authority delegated under section 0.331 of the Commission’s rules, 47 C.F.R. § 0.331, and is effective upon its adoption. For further information, contact Scott Patrick, Mobility Division, Wireless Telecommunications Bureau, at (202) 418-2853, or Kate Matraves, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at (202) 391-6272. -FCC-