Entities Seek FCC Consent for Assignment of WCS Licenses in San Diego
PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
AT&T Inc. (collectively, “AT&T”), and San Diego Gas & Electric Company (“SDG&E”) (collectively,
“the Applicants”) have filed an application (“Application”) pursuant to Section 310(d) of the
Communications Act of 1934, as amended,1 seeking to assign two Wireless Communications Service
(“WCS”) licenses from SDG&E to AT&T Mobility. The Applicants state that the proposed license
assignments would result in a more efficient use of underutilized spectrum, enable AT&T to expand its
wireless broadband capacity, and provide more robust mobile broadband services to the public in one
Cellular Market Area (“CMA”) in California.
AT&T has previously filed other applications seeking consent to assign or transfer control of a
number of WCS and Advanced Wireless Service (“AWS-1”) licenses, and we consolidated those
applications in a single docket and established a pleading schedule.2 Because the current Application
proposes an assignment of WCS licenses to AT&T similar to those addressed in the AT&T WCS Public
Notice, to assist us in analyzing all these transactions and for purposes of administrative convenience, we
shall use the same docket for the Application and use the same pleading cycle. Under that schedule,
Petitions to Deny are due in 12 days, by October 1, 2012.
The proposed transaction would assign 10 megahertz of C and D Block WCS spectrum to AT&T
in CMA 18 (San Diego, California). Preliminary review of the proposed transaction indicates that, post-
transaction in this CMA, AT&T would hold 30 megahertz of WCS spectrum, and 120 megahertz of
spectrum in total, assuming that the other pending applications in this docket are granted.
1 47 U.S.C. § 310(d).
2 See AT&T Seeks FCC Consent to the Assignment and Transfer of Control of WCS and AWS-1 Licenses, WT
Docket No. 12-240, Public Notice, DA 12-1431 (rel. Aug. 31, 2012) (“AT&T WCS Public Notice”).
following file number:
San Diego Gas & Electric Company AT&T Mobility Spectrum LLC
WQND998
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.4
Parties making oral ex parte presentations are directed to the Commission’s revised ex parte
rules. Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.5 More than a one- or two-sentence description of the
views and arguments presented is generally required.6 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.7
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
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
later than
to WT Docket No. 12-240.
their initial filings. New issues may not be raised in responses or replies.8 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
3 47 C.F.R. § 1.1200(a).
4 47 C.F.R. § 1.1206.
5 See 47 C.F.R. § 1.1206(b)(1).
6 See id.
7 Id. § 1.1206(b).
8 See 47 C.F.R. § 1.45(c).
2
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,9
submissions in this matter may be filed electronically though the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.
·
http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
·
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, D.C. 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, S.W.,
Washington, D.C. 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 e-mail or facsimile, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau,
at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Linda Ray, Broadband Division, Wireless
Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (4) Kate Matraves,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and (5) Jim Bird, Office of General Counsel,
at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile).
Copies of the applications and any subsequently-filed documents in this matter may be obtained
from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C.
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. The applications and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
applications are also 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 e-mail 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
9 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
10 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
3
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-
0432.
For further information, contact Kathy Harris, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-0609, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
4
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
DA 12-1513
Released: September 19, 2012
AT&T MOBILITY SPECTRUM LLC AND SAN DIEGO GAS & ELECTRIC COMPANY SEEK
FCC CONSENT TO THE ASSIGNMENT OF TWO WCS LICENSES
WT Docket No. 12-240
PLEADING CYCLE ESTABLISHED
Petitions to Deny Due:
October 1, 2012
Oppositions Due:
October 11, 2012
Replies Due:
October 22, 2012
I.
INTRODUCTION
AT&T Mobility Spectrum LLC (“AT&T Mobility”), an indirect wholly-owned subsidiary ofAT&T Inc. (collectively, “AT&T”), and San Diego Gas & Electric Company (“SDG&E”) (collectively,
“the Applicants”) have filed an application (“Application”) pursuant to Section 310(d) of the
Communications Act of 1934, as amended,1 seeking to assign two Wireless Communications Service
(“WCS”) licenses from SDG&E to AT&T Mobility. The Applicants state that the proposed license
assignments would result in a more efficient use of underutilized spectrum, enable AT&T to expand its
wireless broadband capacity, and provide more robust mobile broadband services to the public in one
Cellular Market Area (“CMA”) in California.
AT&T has previously filed other applications seeking consent to assign or transfer control of a
number of WCS and Advanced Wireless Service (“AWS-1”) licenses, and we consolidated those
applications in a single docket and established a pleading schedule.2 Because the current Application
proposes an assignment of WCS licenses to AT&T similar to those addressed in the AT&T WCS Public
Notice, to assist us in analyzing all these transactions and for purposes of administrative convenience, we
shall use the same docket for the Application and use the same pleading cycle. Under that schedule,
Petitions to Deny are due in 12 days, by October 1, 2012.
The proposed transaction would assign 10 megahertz of C and D Block WCS spectrum to AT&T
in CMA 18 (San Diego, California). Preliminary review of the proposed transaction indicates that, post-
transaction in this CMA, AT&T would hold 30 megahertz of WCS spectrum, and 120 megahertz of
spectrum in total, assuming that the other pending applications in this docket are granted.
1 47 U.S.C. § 310(d).
2 See AT&T Seeks FCC Consent to the Assignment and Transfer of Control of WCS and AWS-1 Licenses, WT
Docket No. 12-240, Public Notice, DA 12-1431 (rel. Aug. 31, 2012) (“AT&T WCS Public Notice”).
II.
SECTION 310(d) APPLICATION
The following application for consent to the assignment of licenses has been assigned thefollowing file number:
File No.
Licensee/Assignor
Assignee
Lead Call Sign
0005380507San Diego Gas & Electric Company AT&T Mobility Spectrum LLC
WQND998
III.
EX PARTE
STATUS OF THIS PROCEEDING
Pursuant to Section 1.1200(a) of the Commission’s rules,3 the Commission may adopt modifiedor 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.4
Parties making oral ex parte presentations are directed to the Commission’s revised ex parte
rules. Parties are reminded that memoranda summarizing the presentation must contain the presentation’s
substance and not merely list the subjects discussed.5 More than a one- or two-sentence description of the
views and arguments presented is generally required.6 Other rules pertaining to oral and written
presentations are set forth in Section 1.1206(b) as well.7
IV.
GENERAL INFORMATION
The assignment application has been found, upon initial review, to be acceptable for filing. TheCommission 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
October 1, 2012
. Persons and entitiesthat 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
October 11, 2012
. Replies to such pleadings must be filed nolater than
October 22, 2012
. All filings concerning matters referenced in this Public Notice should referto WT Docket No. 12-240.
To allow the Commission to consider fully all substantive issues regarding these applications
in as timely and efficient a manner as possible, petitioners and commenters should raise all issues intheir initial filings. New issues may not be raised in responses or replies.8 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
3 47 C.F.R. § 1.1200(a).
4 47 C.F.R. § 1.1206.
5 See 47 C.F.R. § 1.1206(b)(1).
6 See id.
7 Id. § 1.1206(b).
8 See 47 C.F.R. § 1.45(c).
2
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,9
submissions in this matter may be filed electronically though the Commission’s Universal Licensing
System (“ULS”) or by hand delivery to the Commission.
·
If filed by ECFS,10
comments shall be sent as an electronic file via the Internet tohttp://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by Internet e-mail.
·
If filed by paper
, the original and four copies of each filing must be filed by hand or messengerdelivery, 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, D.C. 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, S.W.,
Washington, D.C. 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 e-mail or facsimile, 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) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau,
at kathy.harris@fcc.gov or (202) 418-7447 (facsimile); (3) Linda Ray, Broadband Division, Wireless
Telecommunications Bureau, at linda.ray@fcc.gov or (202) 418-7247 (facsimile); (4) Kate Matraves,
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at
catherine.matraves@fcc.gov or (202) 418-7447 (facsimile); and (5) Jim Bird, Office of General Counsel,
at TransactionTeam@fcc.gov or (202) 418-1234 (facsimile).
Copies of the applications and any subsequently-filed documents in this matter may be obtained
from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C.
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. The applications and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
applications are also 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 e-mail 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
9 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
10 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
3
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov; phone: (202) 418-0530 or TTY: (202) 418-
0432.
For further information, contact Kathy Harris, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-0609, or Kate Matraves, Spectrum and Competition Policy Division, Wireless
Telecommunications Bureau, at (202) 391-6272.
-FCC-
4
Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.
