Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SPRINT NEXTEL CORPORATION AND CLEARWIRE CORPORATION Applications For Consent to Transfer Control of Licenses, Leases, and Authorizations ) ) ) ) ) ) ) ) WT Docket No. 08-94 File Nos. 0003462540 et al. ERRATUM Released: November 10, 2008 By the Chief, Broadband Division, Wireless Telecommunications Bureau: 1. On November 7, 2008, the Commission released a Memorandum Opinion and Order, FCC 08-259, in the above-captioned proceeding. This Erratum corrects paragraph 101 to read as follows: “We decline to impose the conditions requested by Vonage and PISC and supported by Bella Mia and PDQLink. In those cases where compliance with the Internet Policy Statement was made a condition for approval of transaction, the transactions involved Incumbent Local Exchange Carriers with substantial market power who had voluntarily agreed to the condition in question. In contrast, the Commission has declined to impose such a condition when the transaction is not likely to increase the incentives to engage in conduct harmful to consumers and there is no history of violations. In this case, Vonage, PISC, Bella Mia and PDQLink have failed to show how the transaction could create economic incentives for New Clearwire to harm consumers. Furthermore, we believe that PISC’s proposal to require Commission review of all contracts regarding financial backing that would potentially affect network openness would be burdensome on the parties and on New Clearwire. PISC also fails to cite any precedent for such a potentially sweeping review requirement. We therefore decline to adopt a condition that requires Commission review of all contracts between New Clearwire and entities providing financial backing.” 2. This Erratum also corrects the last sentence of paragraph 127 to read as follows: “Furthermore, we believe the conditions we have imposed pursuant to Sprint Nextel’s voluntary commitments will maximize the chances that public interest benefits will flow from this transaction.” FEDERAL COMMUNICATIONS COMMISSION Blaise A. Scinto Broadband Division Wireless Telecommunications Bureau