PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 16-777 Released: July 7, 2016 SPRINT CORPORATION AND UNITED STATES CELLULAR CORPORATION SEEK FCC CONSENT TO THE ASSIGNMENTS OF PERSONAL COMMUNICATIONS SERVICE AND ADVANCED WIRELESS SERVICES LICENSES WT Docket No. 16-179 PLEADING CYCLE ESTABLISHED Petitions to Deny Due: July 28, 2016 Oppositions Due: August 4, 2016 Replies Due: August 11, 2016 I. INTRODUCTION Sprint Corporation (Sprint) and United States Cellular Corporation (USCC, and together with Sprint, the Applicants) have filed applications pursuant to Section 310(d) of the Communications Act of 1934, as amended, 1 seeking the simultaneous assignments and exchanges of full and partitioned Personal Communications Service (PCS) and Advanced Wireless Services (AWS-1) licenses by and among certain subsidiaries of Sprint and USCC. 2 The subject licenses cover geographic areas scattered throughout the country. The proposed transactions involve the transfer of spectrum; no customers or networks would be transferred. The Applicants assert that the proposed transaction would enable more efficient operations that would help meet the demands of their customers for broadband wireless services. In those markets where either Sprint or USCC gains additional spectrum, the Applicants claim that the proposed transaction would provide added capacity and improved data throughput speeds. Our preliminary review of the applications indicates that the spectrum implicated by the proposed transaction covers 49 counties in all or parts of 14 Cellular Market Areas (CMAs), covering close to one percent of the population of the United States, in parts of Illinois, Kansas, Michigan, Virginia, and Washington. Pre-transaction, across all the CMAs involved in these transactions, Sprint holds 106.5 megahertz to 240.5 megahertz of spectrum in total; post-transaction, Sprint would hold 86.5 megahertz to 230.5 megahertz of spectrum in total. Our preliminary review indicates that in those counties in which Sprint would realize a net gain in its PCS spectrum holdings, it would hold a maximum of 230.5 megahertz of spectrum in total post-transaction. Sprint would newly trigger the spectrum screen in the single-county CMA 301 (Lawrence, KS) and in St. Joseph County in CMA 480 (Michigan 9 – Cass), and would further 1 47 U.S.C. § 310(d). 2 The Sprint subsidiaries are: SprintCom, Inc. and Wirelessco, LLC. The USCC subsidiaries are: McDaniel Cellular Telephone Company; United States Cellular Operating Company of Chicago, LLC; USCOC Nebraska/Kansas, LLC; and USCOC of Central Illinois, LLC. 2increase its spectrum holdings that are currently already above the spectrum screen in an additional five counties in all or parts of three CMAs – CMA 132 (Kalamazoo, Michigan), CMA 177 (Battle Creek, Michigan), and CMA 207 (Jackson, Michigan) – in Michigan. Pre-transaction, USCC holds 10 megahertz to 66 megahertz of spectrum across all the CMAs involved in these transactions; post-transaction, USCC would hold 0 megahertz to 69 megahertz of spectrum in total. In those counties in which USCC would realize a net gain in its spectrum holdings, its spectrum holdings post-transaction would not trigger the total spectrum screen. II. SECTION 310(d) APPLICATIONS The applications for the assignment of licenses have the following file numbers: File No. Licensee/Assignor Assignee Lead Call Sign 0007191297 3 Wirelessco, LLC McDaniel Cellular Telephone Company KNLF260 0007193238 United States Cellular Operating Company of Chicago, LLC SprintCom, Inc. WQJV274 0007193258 USCOC Nebraska/Kansas, LLC SprintCom, Inc. KNLG322 0007193273 USCOC of Central Illinois, LLC SprintCom, Inc. KNLG651 0007193283 McDaniel Cellular Telephone Company Wirelessco, LLC WQCS457 50005AWAA16 4 SprintCom, Inc. USCOC of Central Illinois, LLC WQGD656 50006AWAA16 5 SprintCom, Inc. USCOC Nebraska/Kansas, LLC WQGD658 50007AWAA16 6 SprintCom, Inc. United States Cellular Operating Company of Chicago, LLC WQGD653 III. EX PARTE STATUS OF THIS PROCEEDING Pursuant to Section 1.1200(a) of the Commission’s rules, 7 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. 8 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. 9 More than a one- or two-sentence description of the 3 The Applicants have designated this the lead application. 4 The Applicants filed this application by paper because, at the time of filing, the associated license was licensed to another party and was being assigned to SprintCom, Inc. This application is now available electronically. 5 The Applicants filed this application by paper because, at the time of filing, the associated license was licensed to another party and was being assigned to SprintCom, Inc. This application is now available electronically. 6 The Applicants filed this application by paper because, at the time of filing, the associated license was licensed to another party and was being assigned to SprintCom, Inc. This application is now available electronically. 7 47 C.F.R. § 1.1200(a). 8 47 C.F.R. § 1.1206. 9 47 C.F.R. § 1.1206(b)(1). 3views and arguments presented is generally required. 10 Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. 11 IV. GENERAL INFORMATION The assignment applications have 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 28, 2016. 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 4, 2016. Replies to such pleadings must be filed no later than August 11, 2016. All filings concerning matters referenced in this Public Notice should refer to WT Docket No. 16-179. To allow the Commission to consider fully all substantive issues regarding the applications in as timely and efficient a manner as possible, petitioners and commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies. 12 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, 13 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, 14 access ECFS via the Internet at 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., SW, Room TW-A325, Washington, DC 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, SW, Washington, DC 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 10 Id. 11 47 C.F.R. § 1.1206(b). 12 47 C.F.R. § 1.45(c). 13 FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009). 14 Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998). 4overnight 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, Competition and Infrastructure 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). The applications 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, SW, Room CY-A257, Washington, DC 20554. The applications also are 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. For further information, contact Scott Patrick, Mobility Division, Wireless Telecommunications Bureau, at (202) 418-2853, or Kate Matraves, Competition and Infrastructure Policy Division, Wireless Telecommunications Bureau, at (202) 391-6272. -FCC-