Attachment 20161229152829-203.p

20161229152829-203.p

SUPPLEMENT

Supplement

2000-12-29

This document pretains to ITC-ASG-20001229-00763 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2000122900763_1387755

RECEIVED ic prf 202000) JAN — 8 2001 Before The e FEDERAL COMMUNICATIONS COMMISSION Telecom Division Washington, DC 20554 International Bureau In the Matter of E Streamlined ITC—ASG—20001229—00763 s ( ol PRICE COMMUNICATIONS WIRELESS IX, INC. Application of Price Communications Wireless IX, Inc., Assignor and Cellco Partnership, Assignee for Assignment of International I Section 214 Authorization ) APPLICATION FOR ASSIGNMENTOF INTERNATIONAL SECTION 214 AUTHORIZATION Cellco Partnership ("Celleo") d/b/a Verizon Wireless and Price Communications Wireless IX, Inc. ("Price") (collectively, "the Applicants"), hereby request Commission consent pursuant to Section 214 of the Communications Act of 1934, as amended, and Section 63.18(e)(3) of the Commission‘s Rules (47 C.F.R. § 63.18(e)(3)), for the assignment to Cellco of an international Section 214 authorization to be held by Price. The assignment will occur pursuant to a transaction in which Price will contribute certain cellular and associated point—to—point microwave assets to Cellco. A detailed description of the transaction and its public interest benefits is attached to this application and has been filed as part of the applications to assign the related cellular and microwave licenses from Price to Cellco.

I. SECTION 63.18 REQUIREMENTS The following information is submitted in accordance with Section 63.18(e)(3) of the Commission‘s Rules (47 C.F.R. § 63.18(e)(3)), and the applicable paragraphs thereunder. a. Names, Addresses and Telephone Numbers Assignor: Price Communications Wireless IX, Inc. 45 Rockefeller Plaza, Suite 3201 New York, NY 10020 (212) 757—5600 Assignee: Cellco Partnership, d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 (908) 306—7304 Corporate Organization Price is a Delaware corporation. Cellco is Delaware general partnership. Contact Persons for Correspondence Assignor: Lawrence Roberts Partner Davis Wright Tremaine LLP 1500 K Street, NW, Suite 450 Washington, DC 20005 (202) 508—6600 Transferee: John T. Scott, III Vice President and Deputy General Counsel —— Regulatory Law 1001 Pennsylvania Avenue, NW Washington, DC 20004—2595 (202) 624—2582; after January 1, 2001 1300 I Street, NW Suite 400 West Washington, D.C. 20005 — 9 _

(202) 589—3760 d. Description of Section 214 Authorizations Cellco holds international Section 214 authority to provide international switched and private—line services as a facilities—based and resale carrier, pursuant to Sections 63.18(e)(1) and (e)(2) of the rules, between points in the United States and foreign points in connection with Celleo‘s provision of commercial mobile service.! Price will hold international Section 214 authority to provide international service pursuant to [Sections 63.18(e)(1) and (e)(2)] of the rules.? 1 See File Nos. ITC—214—19960422—00159 (switched resale), ITC—214— 19960924—00461 (limited global facilities—based); ITC—214—1996—1008—00504 (switched resale); ITC—94—275 (switched resale). Cellco also holds a controlling interest in PrimeCo Personal Communications, L.P. ("PrimeCo") which, along with certain PrimeCo affiliates, is authorized to provide service pursuant to Section 63.18(e)(2) of the rules. File Nos. ITC—214—19961004—00492, ITC—214— 19961118—00579. 2 See File No. ITC—214—20001221—00729, (filed Dec. 19, 2000). The International Bureau is processing this and related applications for initial authorization.

6. By this and other simultaneous filed applications, Cellco seeks authority to acquire, by assignment, the international Section 214 authorizations held by Price pursuant to Section 63.18(e)(3) of the Commission‘s rules. £. Not applicable g. Not applicable h. Equity and Directors The ultimate 10 percent or greater interest holders in assignee Cellco are Verizon Communications, Inc. ("Verizon") and Vodafone Group Plc ("Vodafone"). Verizon Communications, Inc. 1095 Avenue of the Americas New York, NY 10036 Principal Business:. Telecommunications Citizenship: Delaware (U.S.) Corporation Percentage Held: 55 percent indirect interest Vodafone Group, Plc The Courtyard 2—4 London Road, Newbury Berkshire RG14 1JX U.K. Principal Business: Wireless, Competitive Fixed and Satellite Telecommunications Services Citizenship: United Kingdom Percentage Held: 45 percent indirect interest There are no interlocking directorates between Cellco and a foreign carrier. i. Affiliations with Foreign Carriers Applicant Cellco hereby certifies that it is affiliated with foreign carriers in the countries described below.

Argentina CTI Compania de Telefonos del Interior S.A.; CTI Norte Compania de Telefonos del Interior S.A. Australia Vodafone Australia Austria tele.ring Canada BCT.Telus Communications, Inc.; Quebec—Telephone; Clearnet Communications Inc. Dominican Republic Compania Dominicana de Telefonos ("CODOTEL") Egypt MisrFone France FLAG Telecom Holdings Limited ("FLAG") Germany Mannesmann Mobilfunk GmbH/D2; Arcor and o.tel.o. Gibraltar Gibraltar NYNEX Communications, Ltd. CGreece Panafon Hungary Vodafone Hungary Italy Omnitel; Infostrada; FLAG Telecom Ireland Limited ("FETIL") Japan GTE Far East (Services) Limited; FLAG Malta Vodafone Malta Mexico Grupo Iusacell, S.A. de C.V. Netherlands Libertel; FTIL New Zealand Vodafone New Zealand Portugal Telecel Singapore FLAG Telecom Singapore ("FTS") Spain Airtel Sweden Europolitan United Kingdom Vodafone; FTIL Venezuela Compania Anonima Nacional Telefonos de Venezuela ("*CANTV") }— Destination Markets Cellco hereby certifies that it is not a foreign carrier in any destination market, and does not control a foreign carrier in any destination market. Cellco hereby certifies that it provides international telecommunications services to the following destination markets identified in paragraph (i) above in which Vodafone and/or Verizon controls a foreign carrier: Argentina, Australia, Austria, Canada, Dominican Republic, Egypt, France, Germany, Gibraltar, Greece, Hungary, Italy, Japan, Malta, Mexico, The Netherlands, New Zealand, Portugal, Singapore, Spain, Sweden, the United Kingdom, and Venezuela. — 5 —

k. CompetitionIssues All the destination markets identified in paragra ) above are WTO Member countries. 1. Reselling Services of Unaffiliated U.S. F ities—Based Carriers The Commission has previously determined tha lco, as an authorized international carrier subsidiary of Verizon (formerly Bf lantic), is entitled to nondominant treatment on all international routes pu nt to Section 63.10(a)(3) of the Commission‘s rules, except as to the es to the Dominican Republic and Venezuela. However, as previously detei >d by the Commission, pursuant to Section 63. 1v8(e)(2) of the ru sellco is subject to non—dominant regulation for purposes of services prov to the Dominican Republic and Venezuela and agrees to continue to con with the reporting requirements of Section 43.61(c) of the rules.} Cellco not serve Gibraltar on a facilities basis. m. Non—Dominant Classification The foreign carriers affiliated with Cellco by virtu._ _ Vodafone‘s 45 percent ownership interest —— those in Australia, Austria, Egypt, Germany, Greece, Hungary, Italy, Malta, The Netherlands, New Zealand, Portugal, Spain, 3 See In re Application of GTE Corporation and Bell Atlantic Corporation Transferee, for Consent to Transfer Control of Domestic and International Sections 214 and 310 Authorizations and Application to Transfer Control of a Submarine Cable Landing License, CC Docket No. 98—184, Memorandum Opinion and Order, FCC 00—221, 1 422, n.953 (rel. June 16, 2000) ("Bell Atlantic—GTE Order").

Sweden, and the United Kingdom —— are & her mobile wireless carriers or competitive wireline carriers, each of whi! as far less than 50 percent market share in the international transport and »cal access in their respective countries; moreover, Cellco only provides i1d international services to these destinations. Therefore, and as the Comi ion has already determined, Cellco is entitled to non—dominant treatm n all of these routes pursuant to Sections 63.10(a)(3) and (a)(4) of the Com 1on‘s rules.* Cellco is also entitled to non—domir regulation on thoseaffiliated routes where its parent company Verizon s indirect ownership interests —— Argentina, Canada, Dominican Republic, in, Gibraltar, Mexico, and Venezuela. The Commission has alreac termined that Verizon and its international subsidiaries —— including Ce — qualify for non—dominant classification on all of these routes for the ale of unaffiliated facilities—based carriers‘ international switched services." Cellco will continue to provide international service pursuant to Section 8(e)(2) of the rules, and would acquire no additional foreign carrier affili .s by virtue of the transaction 4 See 47 C.F.R. §§ 63.10(a)(3), (4); see also In re Applications of Vodafone AirTouch, Plc, and Bell Atlantic Corporation for Consent to Transfer of Control or Assignment of Licenses and Authorizations, Memorandum Opinion and Order, DA 00—721, €{ 18 (WTB/IB rel. March 30, 2000); File Nos. FCN—NEW—20000831— 00048, FCN—NEW—20000608—00036. 5 See Bell Atlantic—GTE Order, {T 406—422.

with Price, Ce o remains subject to nondominant regulation on all international ites pursuant to Section 63.10(a)(4).° n. S cial Concessions Cellco c tifies that it has not agreed to accept special concessions directly or inc »ctly from any foreign carrier with respect to any U.S. international ite where the foreign carrier possesses market power on the foreign end of ie route and will not enter into such agreements in the future. 0. A i—Drug Abuse Act Certification Cellco k eby certifies, pursuant to Sections 1.2001 through 1.2003 of the Commissi ‘s Rules, that no party to this application is subject to a denial of Federal ber its pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. p— S :amlined Processing This ap cation qualifies for streamlined processing pursuant to Section 63.12 of the C nmission‘s Rules (47 C.F.R. § 63.12). As discussed above, the Commission I ; already determined, as to the foreign carrier affiliations that result from both Verizon‘s 55 percent and Vodafone‘s 45 percent ownership 6 As noted above, Celleo is also authorized to provide facilities—based services — pursuant to Section 63.18(e)(1) of the Commission‘s rules. To the extent that Cellco were to provide facilities—based international services, the Commission has already determined that Celleo is subject to non—dominant regulation on those routes in which Verizon—controlled carriers are subject to dominant carrier regulation, namely the Dominican Republic and Venezuela. Id. T« 420— 22.

that Cellco is entitled to non—dominant treatment." This application is therefore subject to streamlined processing pursuant to Section 63.12(c)(1)(i)— (iv) of the Commission‘s rules. II. CONCLUSION For the reasons set forth above, the public interest, convenience and necessity would be furthered by grant of this application, and the Commission should consent to the assignment to Cellco of various international Section 214 authorization held by Price. Respectfully submitted, Price Communications Wireless IX, Inc. Cellco Partnership Omm By: "-U\J\y . @tu n Lawrence Roberts John T. Scott, III Partner Vice President and Deputy General Davis Wright Tremaine LLP Counsel —— Regulatory Law 1500 K Street, NW Cellco Partnership Suite 450 d/b/a Verizon Wireless Washington, DC 20005 1001 Pennsylvania Avenue, NW (202) 508—6600 Washington, DC 20004—2595 (202) 624—2582 December 28, 2000 7 See 47 C.F.R. §§ 63.10(a)(3), (a)(4).

FCC FORM 603 EXHIBIT 1 PAGE 3 OF 3 dats. services that Cellco offers today and plans to offer in the future. In addition, the sransaction will enable Cellco to integrate these cellular systems into its national footprint. The Commission has repeatedly acknowledged the public inteest is served by allowing carriers to assemble national footprints.s Cellco will also be able to deploy its resources to provide enhanced competition to the other CMIRtS carriers in these markets and make more wireless services available to the pubic. Grant of this application is thus in the public interest. 3 See, e.g., Vodafone AirTouch Ple, DA 00—721 (rel. March 30, 2000), at 33; Voicestream Wireless Corp., FCC 00—53 (rel. Feb. 15, 2000).

FCC FORM 603 EXHIBIT : PAGE 1 OF / [IESPONSE TO QUESTION 73 T ie Applicart is part of Verizon Wireless, a national commercial wireless ca tier. Verizon Wreless is ow ned and controlled, ultimately, by a partnership between Veriz on Commu ic itions In :. ("Verizon") and Vodafone Group Ple ("Vodafone").‘ Veriz on, a Delav ar: Corpor itn, owns 55% of this partnership; Vodafone, a company or :ar ized und>r he laws of ‘he United Kingdom, owns 45%. Control of this partnership is /ested in a Bo: rd of Repr: se itatives, which in turn is controlled by Verizon. In sum, Verz on is he m jo ity own ‘r ind possesses sole affirmative control of the partnership an i VerzoiViircle;s. Vod: fo ie‘s minority, indirect, non—controlling interest in the pa tn:rship, and ts qualifica:io is (as a foreign corporation) to hold indirect ownership in ere sts in comr or carrier icenses have been previously authorized by the FCC under Section 31i)(b)(4 o ‘the Cor im unications Act." Neither Vodafone nor any of its foreign supsiiiane ; hold an y direct »w iership interests in any common carrier licenses. No new fo eiin owiershi ) 1 sues are ra sed by this filing. ‘Bell Atlantic Corporation changed its name to Verizon Communications Inc. in September, 2000; Vodafone AirTouch Ple changed its name to Vodafone Group Ple in July, 2000. ‘See In re Applications ofVodafone AirTouch Plc and Bell Atlantic Corporation, For Consent to the Transfer of Control or Assignment ofLicenses and Authorizations, Memorandum Opinion and Order, DA 00—721 at © 19 (Intl. and Wir. Tel. Burs., rel. Mar. 30, 2000); FCC Public Notice, "International Authorizations Granted," Report No. TEL— 00174, DA No. 99—3033 (Intl. Bur., rel. Dec. 30, 1999); In re AirTouch Communications, Inc., Transferor, and Vodafone Group, Plc., Transferee, For Consent to the Transfer of Control of Licenses and Authorizations, Memorandum Opinion and Order, 14 FCC Red 9430, 9 (Wir. Tel. Bur., 1999).


Document Created: 2019-04-15 00:44:56
Document Modified: 2019-04-15 00:44:56
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC