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 15-727 Released: June 22, 2015 CELLULAR SOUTH LICENSES, LLC D/B/A C SPIRE WIRELESS AND WALLER WIRELESS, INC. SEEK FCC CONSENT TO THE ASSIGNMENT OF THREE LOWER 700 MHZ LICENSES IN MISSISSIPPI WT Docket No. 15-111 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: July 22, 2015 Oppositions Due: August 3, 2015 Replies Due: August 10, 2015 I. INTRODUCTION Cellular South Licenses, LLC d/b/a C Spire Wireless (“C Spire”), and Waller Wireless, Inc. (“Waller,” and together with C Spire, the “Applicants”) have filed an application pursuant to section 310(d) of the Communications Act of 1934, as amended,1 seeking the full assignment of three Lower 700 MHz C Block licenses from Waller to C Spire. The subject licenses cover parts of Mississippi. The proposed transaction involves only the assignment of spectrum; no customers or networks would be transferred. The Applicants assert that the proposed transaction would allow C Spire to augment its spectrum holdings in the applicable markets, offer improved services, and become a stronger competitor. More specifically, the Applicants contend that the additional spectrum would permit C Spire to improve capacity and throughput speeds. Our preliminary review indicates that C Spire would be assigned 12 megahertz of Lower 700 MHz C Block spectrum in 22 counties covering three Cellular Market Areas (“CMAs”) – CMA 493 (Mississippi 1-Tunica), CMA 494 (Mississippi 2-Benton), and CMA 496 (Mississippi 4-Yalobusha). Post-transaction, C Spire would be attributed with 39 to 84 megahertz of spectrum in total, and 24 to 49 megahertz of below-1-GHz spectrum, in these three CMAs. The Mobile Spectrum Holdings Report and Order requires that we treat any proposed increase in below-1-GHz spectrum holdings resulting in the acquiring entity holding approximately one-third or more of the suitable and available spectrum below 1 GHz as an “enhanced factor” in our case-by-case review.2 As a result of the instant transaction, C Spire would hold more than 45 megahertz of the 134 1 47 U.S.C. § 310(d). 2 See Policies Regarding Mobile Spectrum Holdings; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, WT Docket No. 12-269, GN Docket No. 12-268, Report and Order, 29 FCC 2megahertz of currently suitable and available below-1-GHz spectrum in parts of two of the three CMAs – CMA 493 (Mississippi 1-Tunica) and CMA 496 (Mississippi 4-Yalobusha). II. SECTION 310(d) APPLICATION The application for the assignment of licenses from Waller to C Spire has the following file number: File No. Licensee/Assignor Assignee Lead Call Sign 0006715462 Waller Wireless, Inc. Cellular South Licenses, LLC WPWV535 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 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 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 application has 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 July 22, 2015. 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 August 3, 2015. Replies to such pleadings must be filed no later than August 10, 2015. All filings concerning matters referenced in this Public Notice should refer to WT Docket No. 15-111. To allow the Commission to consider fully all substantive issues regarding the application in as timely and efficient a manner as possible, petitioners and commenters should raise all issues in 6133, 6240 ¶¶ 286-88 (2014) (“Mobile Spectrum Holdings Report and Order”). 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 47 C.F.R. § 1.1206(b). 3their 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 through the Commission’s Electronic Comment Filing System (“ECFS”) or by hand delivery to the Commission. · To file electronically,10 comments may be filed electronically using the Internet by accessing the ECFS: 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. · To file by paper, the original and one copy 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) 418-7447 (facsimile); (2) Kate Matraves, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and (3) Jim Bird, Office of General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile). The application and any associated documents are 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 application also is 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 email 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 email: FCC504@fcc.gov; phone: (202) 418-0530; or TTY: (202) 418-0432. 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). 10 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 4For 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-