Federal Communications Commission "FCC/DA XX-XXX" DA 23-1183 Released: December 19, 2023 APPLICATIONS OF T-MOBILE LICENSE LLC, NEXTEL WEST CORP., AND LB LICENSE CO, LLC FOR LICENSE ASSIGNMENT; APPLICATION OF T-MOBILE LICENSE LLC, NEXTEL WEST CORP., AND CHANNEL 51 LICENSE COMPANY LLC FOR LICENSE ASSIGNMENT NUMBERING RESOURCE UTILIZATION AND FORECAST (NRUF) REPORTS AND LOCAL NUMBER PORTABILITY (LNP) REPORTS PLACED INTO THE RECORD, SUBJECT TO THE PROTECTIVE ORDER CC Docket 99-200 ULS File No. 0010168412 ULS File No. 0010168420 ULS File No. 0010168439 In connection with the Commission’s review of the applications for the assignment of licenses to T-Mobile License LLC and Nextel West Corp. from LB License Co, LLC and Channel 51 License Company, LLC (collectively, the “Applicants”), the Commission is examining information contained in the biannual Numbering Resource Utilization and Forecast (NRUF) reports filed by wireless telecommunications carriers, 47 CFR §§ 1.907, 52.5. 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, the NRUF reports for all wireless telecommunications carriers for December 2022 and the monthly LNP reports for all wireless telecommunications carriers for January 2022 through December 2022 are being placed in the record in these proceedings, subject to the provisions of a protective order. A protective order will be adopted shortly. Section 251 of the Communications Act grants the Commission jurisdiction over the North American Numbering Plan (NANP) and related telephone numbering issues. 47 U.S.C. § 251. 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. 47 CFR § 52.15(f); see Numbering Resource Optimization, Report and Order and Further Notice of Proposed Rule Making, 15 FCC Rcd 7574, 7578-79, para. 5 (2000) (Numbering Report and Order). 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). Numbering Report and Order, 15 FCC Rcd at 7607, para. 78. The NRUF and LNP reports are being placed into the record subject to the provisions of a protective order. As such, the NRUF and LNP data will not be available to the public except pursuant to the terms of the protective order, as outlined below. Persons seeking to review the NRUF and LNP data may do so only for purposes of participating in this proceeding. Pursuant to the protective order, outside persons participating or intending to participate in the proceeding who are not involved in competitive decision-making activities and who have signed the Acknowledgment of Confidentiality attached to the protective order may review the NRUF and LNP data. We emphasize that persons seeking to review the NRUF and LNP data must have adequate protections in place to prevent improper use or disclosure of the information. Affected parties have until December 29, 2023 to oppose the limited disclosure of their NRUF and LNP data pursuant to the protective order. If disclosure is opposed, the procedures set forth in 47 CFR § 0.461(i) shall apply. In addition, affected parties will have five business days after the filing of an acknowledgment of confidentiality to object to the release of their data to a particular person who requests permission to review it. Under the Commission’s current procedures for the submission of filings and other documents, FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009). submissions in this matter may be filed electronically through the Commission’s Universal Licensing System (ULS), referencing the file numbers set forth above. · To file electronically, Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). filings shall be sent as an electronic file via the Internet to https://wireless2.fcc.gov/UlsEntry/pleadings/pleadingsType.jsp. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable ULS file number. · To file by paper: Filings in response to this Public Notice may be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. · Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. · U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington, DC 20554. · Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand delivered or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (OMD 2020). https://www.fcc.gov/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy. One copy of each filing must be delivered electronically, by email, or if delivered as paper copy, by messenger delivery, 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) Susannah Larson, Wireless Telecommunications Bureau, at Susannah.Larson@fcc.gov; (2) Catherine Matraves, Office of Economics and Analytics, at Catherine.Matraves@fcc.gov; and (3) Joel Rabinovitz, Office of General Counsel, at Joel.Rabinovitz@fcc.gov. Any submission emailed to these individuals should include in the subject line of the email, for example: (1) ULS File No. 0010168412; (2) the name of the submitting party; and (3) a brief description or title identifying the type of document being submitted (e.g., ULS File No. 0010168412, Widget Corp., NRUF Objection). 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 & Government Affairs Bureau at (202) 418-0530. This 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 CFR § 0.331, and is effective upon its adoption. For further information regarding this proceeding, please contact Susannah Larson, Susannah.Larson@fcc.gov; Catherine Matraves, Catherine.Matraves@fcc.gov; or Joel Rabinovitz, Joel.Rabinovitz@fcc.gov. -FCC- 2