UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
SBC COMMUNICATIONS INC.
and
BELLSOUTH CORPORATION,
Defendants.
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Civil No.: 1:00CV02073 (PLF)
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ORDER TO MODIFY FINAL JUDGMENT
The Court having received the joint motion of Defendants, SBC Communications Inc.
and BellSouth Corporation, and Plaintiff, United States, for modification of the Final Judgment
entered in this case on December 29, 2000, and the United States having represented to the Court
that it has no objection to the motion, and notice of the motion having been published in the
Federal Register, The Los Angeles Times, The Indianapolis Star, and RCR Wireless News, and
all interested parties having been given an opportunity to submit comments concerning the
proposed modification of the Final Judgment, and the Court having considered all papers and
comments filed in connection with this motion and the United States response to those
comments, and the Court finding that it is in the public interest to modify the Final Judgment, it
is
ORDERED, ADJUDGED, AND DECREED:
That Sections XI and XIII are hereby modified to read as follows:
XI
No Reacquisition
- Defendants may not reacquire any part of the spectrum licenses issued
by the Federal Communications Commission ("FCC") and all other licenses,
permits and authorizations divested pursuant to this Final Judgment in the MSAs
and RSAs listed in Section II.D.I and the following BTAs within the Indianapolis
MTA listed in Section II.D.II.B: BTA 015 Anderson, IN; BTA 039 Muncie, IN;
BTA 373 Richmond, IN; BTA 442 Terre Haute, IN; and BTA 457 Vincennes-Washington, IN ("Restricted BTAs"), provided, however, the divested spectrum
licenses in the Restricted BTAs may be reacquired in connection with the
proposed Cingular/AT&T Wireless Acquisition if the conditions in Subsection B
are met.
- Defendants may reacquire the divested spectrum in the Restricted
BTAs if they do not also acquire as a result of the Cingular/AT&T Wireless
Acquisition any interest (equity, financial, or otherwise) in, any ability to exercise
control over, or any right to use the spectrum covered by the Partnership Licenses
in any of the Restricted BTAs, except as noted below. In furtherance of this,
defendants shall:
- Provide to plaintiff for its approval, in its sole discretion, copies of
all agreements entered into by the defendants or AT&T Wireless
with the owners of the Partnership Licenses, including
amendments to the existing agreements between AT&T Wireless
and Von Donop, so that plaintiff will have the opportunity to
review them before this Final Judgment is modified. No term shall
be included in said agreements or amendments that would in any
way limit Von Donop's ability to make the spectrum covered by
the Partnership Licenses available to other users. The agreements
may be contingent on the closing of the Cingular/AT&T Wireless
Acquisition;
- Not acquire, directly or indirectly, any rights to influence or control
how the Partnership Licenses are used, sold or leased, nor shall
defendants and AT&T Wireless have any control over the identity
of any purchasers or lessees, or the price or any other terms and
conditions of sale or lease;
- Be prohibited from acquiring any managerial, administrative,
financial or legal interest in the Partnership Licenses or entering
into any arrangement that allows them to use the Partnership
Licenses; and
- Notify plaintiff 30 days before the implementation of any changes
in the relationship between defendants or AT&T Wireless and Von
Donop.
The defendants may retain a limited interest in the proceeds of any sale or lease of
the Partnership Licenses, provided that (1) such interest influences neither
whether the Partnership Licenses are sold or leased nor the terms on which they
are offered and (2) such interest is capped at the total amount of debt incurred by
Von Donop in acquiring the Partnership Licenses and any tax consequences to
Von Donop from the agreements referenced in Subsection B.1.
Any breach of these conditions by defendants, while defendants own,
operate, or control any of the reacquired licenses in the Restricted BTAs shall
violate this Final Judgment.
- For purposes of Section XI, the following definitions will apply:
- "AT&T Wireless" means AT&T Wireless Services Inc., its
successors and assigns, and its subsidiaries, divisions, groups,
affiliates, partnerships and joint ventures, and their directors,
officers, managers, agents and employees.
- "Cingular/AT&T Wireless Acquisition" means the
proposed acquisition of AT&T Wireless by SBC/BellSouth
Wireless Joint Venture encompassed in The Agreement and
Plan of Merger dated February 17, 2004.
- "Partnership Licenses" means the following spectrum
licenses issued by the FCC:
Call Sign |
Market |
Channel Block |
MHz |
Frequencies |
WPOK609 |
BTA015-Anderson, IN |
C |
30 |
1895.00-1910.00
1975.00-1990.00 |
WPOK648 |
BTA309-
Muncie, IN |
C |
30 |
1895.00-1910.00
1975.00-1990.00 |
WPOK655 |
BTA373-
Richmond, IN |
C |
30 |
1895.00-1910.00
1975.00-1990.00 |
KNLF314 |
BTA442- Terre
Haute, IN |
C1 |
15 |
1902.50-1910.00
1982.50-1990.00 |
KNLF305 |
BTA457-
Vincennes-Washington, IN |
C1 |
15 |
1902.50-1910.00
1982.50-1990.00 |
- "Von Donop" means Von Donop Inlet PCS, LLC, its owners, partners,
successors, and assigns, and its subsidiaries, divisions, groups, affiliates,
partnerships and joint ventures, and their directors, officers, managers,
agents and employees, including but not limited to its successors or
assigns related to the Partnership Licenses.
. . .
XIII
Expiration of Modified Final Judgment
Unless this Court grants an extension, this Modified Final Judgment shall expire
on the tenth anniversary of the entry of the original Final Judgment, December 29, 2000.
Dated: ________________________, 2004
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UNITED STATES DISTRICT JUDGE
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