PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 12-1663 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: October 17, 2012 COMMISSION OPENS DOCKET FOR PROPOSED TRANSFER OF CONTROL OF METROPCS COMMUNICATIONS, INC. TO DEUTSCHE TELEKOM AG WT Docket No. 12-301 On October 3, 2012, Deutsche Telekom AG (“Deutsche Telekom”) and MetroPCS Communications, Inc. (“MetroPCS”) announced an agreement under which T-Mobile USA, Inc. (“T-Mobile”), an indirect wholly-owned subsidiary of Deutsche Telekom, and MetroPCS will be combined. In the proposed transaction, Deutsche Telekom will receive 74 percent ownership of the combined company and MetroPCS shareholders will receive $1.5 billion in cash and 26 percent ownership in the combined company, which will retain the T-Mobile name. Applications seeking Commission consent to the transfer of control of the licenses and authorizations held by MetroPCS and its wholly-owned and controlled subsidiaries and by T-Mobile and its wholly-owned and controlled subsidiaries (collectively, the “Applications”) are expected. The purpose of this public notice is to announce the opening of a docket, WT Docket No. 12-301, and establish the ex parte status of discussions related to the proposed transaction. When the Applications have been accepted for filing, we will issue a separate public notice announcing that fact and setting forth a pleading schedule. Pursuant to section 1.1200(a) of the Commission’s rules,1 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.2 Parties making oral ex parte presentations are directed to the Commission’s statement reemphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed.3 More than a one- or two-sentence description of the views and arguments presented is generally required.4 Other rules pertaining to oral and written presentations are set forth in section 1.1206(b).5 Notices of the ex parte presentations, which must include a reference to WT Docket No. 12-301, shall be filed electronically in machine-readable format via the Electronic Comment Filing System (“ECFS”). Also, one copy of each ex parte notice must be delivered electronically, by e-mail or 1 Id. § 1.1200(a). 2 Id. § 1.1206. 3 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 4 See 47 C.F.R. § 1.1206(b)(2). 5 Id. § 1.1206(b). 2facsimile, 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) the Commission’s duplicating contractor, Best Copy and Printing, Inc., at FCC@BCPIWEB.COM or (202) 488-5563 (facsimile); (2) David Hu, Broadband Division, Wireless Telecommunications Bureau (“WTB”), at david.hu@fcc.gov or (202) 418-7247 (facsimile); (3) Kathy Harris, Mobility Division, WTB, at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (4) Kate Matraves, Spectrum and Competition Policy Division, WTB, at catherine.matraves@fcc.gov or (202) 391-6272 (facsimile); and (5) Jim Bird, Office of General Counsel, at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile). -FCC-