Attachment 20170620150104-883.p

20170620150104-883.p

SUPPLEMENT

Supplement

2007-10-01

This document pretains to ITC-T/C-20071001-00404 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2007100100404_1550069

Mikelle Morra From: Daniels, Douglas [Douglas.Daniels@dhs.gov] Sent: Friday, November 23, 2007 2:20 PM To: Daniels, Douglas K; George Li; Susan OConnell; Mikelle Morra; Joann Ekblad; David Krech Co: Thomas; James Ball Subject: RE: [TT] FCC application status for week of 11/19/07 Attachments: Petition to Defer Action 07—237. pdf "2 Petition to Defer Action 07—23... Good afternoon: For your information, please be advised that I have just submitted the attached Petition to Defer Action via the FCC‘s Electronic Comment Filing System for the following application: 1) T—Mobile/SunCom (07—237) Please contact me if you have any questions. Thank you. Doug Daniels Office of the General Counsel Department of Homeland Security Washington, D.C. 20528 (202) 282—9740 (office) (202) 447—3111 (fax) douglas.daniels@hq.dhs .gov This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. ————— Original Message————— From: ttwg—bounces@leo.gov [mailto:ttwg—bounces@leo.gov] On Behalf Of Douglas Daniels, K Sent: Tuesday, November 20, 2007 12 :02 PM To: ‘George Li‘; ‘Susan OConnell‘; ‘Mikelle Morra‘; ‘Joann Ekblad‘; ‘David Krech‘ Cc: ‘Thomas‘; ‘James Ball‘ Subject: [TT] FCC application status for week of 11/19/07 Good Afternoon: Please be advised that DOJ, FBI and DHS request that the following applications be REMOVED from streamline: 1) Global Telecom Enterprises, LLC —— ITC—214—20071029—00441 2) BCCA TelecomSult, LLC —— ITC—214—20071030—00444 3) VSCOM LLC —— ITC—214—20071101—00446 Please contact me if you have any questions. Thank you. Doug Daniels Office of the General Counsel Department of Homeland Security

Washington, D.C. 20528 (202) 282—9740 (office) (202) 684—5153 (mobile) (202) 447—3111 (fax) douglas.daniels@hq.dhs.gov This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message.

Page 1 of 1 Mikelle Morra From: David Krech Sent: Monday, January 07, 2008 3:27 PM To: Mikelle Morra So: Francis Gutierrez; George Li Subject: FW: T—Mobile/Suncom No. 07—237 Attachments: t—mobile—suncom—petition.pdf; t—mobile—suncom—upload.pdf; t—mobile—suncom—amendment. pdf Mikelle, Please upload into ITC—T/C—20071001—00404, 1TC—T/C—20071001—00405 and ISP—PDR—20071001—00013. Thanks. From: Daman, Alex [mailto:Alex.Daman@dhs.gov] Sent: Monday, January 07, 2008 3:20 PM To: Pinto, Greg; Connors, John; Springsteen, Joseph CC: George Li; David Krech; Jodie May; Mikelle Morra Subject: T—Mobile/Suncom No. 07—237 All— I just filed the attached amendment and petition, as previously cleared and requested, with the FCC on ECFS. Please let me know if there‘s any questions or concerns and I‘ll also apprise Cheryl Tritt (counsel) by separate message shortly. Alex Daman Office of General Counsel Department of Homeland Security 202—282—9940 alex.daman@dhs.gov This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you. 1/8/2008

Mikelle Morra From: David Krech Sent: Monday, February 11, 2008 10:18 AM To: Mikelle Morra Co: Susan OConnell; Francis Gutierrez; Sumita Mukhoty; Joann Ekblad; George Li; James Ball; Arthur Lechtman; John Giusti Subject: SunCom/T—Mobile Attachments: TMobile Suncom.FCC—08—46A1.pdf The SunCom/T—Mobile transaction was approved by the Commission on Friday (see attached). Mikelle, please grant ITC— 4, ITC—T/C—20071001—00405, and ISP—PDR—20071001—00013 effective Feb. 8, 2008. Thanks. DK cr! TMobile com.FCC—08—46A1.p

PUBLIC NO ICE \)fl\CAT/OW a® *,5‘s1ww°° "o,7 &ge** g > @ FEDERAL COMMUNICATIONS COMMISSION 445 TWELEFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 07—4372 News media information 202/418—0500 Fax—On—Demand 202/418—2{ Internet: http://www.fee.gov fitp.fee.gov Released: October 23, 2007 T—MOBILE USA, INC. AND SUNCOM WIRT ESS HOLDINGS, INC. SEEK FCC CONSENT TO TRANSFER CONTROL OF L ‘ENSES AND AUTHORIZATIONS WT Dock No. 07—237 PLEADING CYC E ESTABLISHED Petitions to Deny Due: November 23, 20( Oppositions Due: December 3, 2007 Replies Due: December 10, 200 L. INTRODUCTION T—Mobile USA, Inc. ("T—Mobile") and Sun m Wireless Holdings, Inc. ("SunCom," and together with T—Mobile, the "Applicants") have file a series of applications pursuant to Sections 214 and 310(d) of the Communications Act of 1934, as 1ended (the "Communications Act").‘ In these applications, the Applicants seek Commission appr al of the transfer of control of SunCom‘s wholly— owned, indirect licensee subsidiaries — SunCom W less License Company, LLC and SunCom Wireless Puerto Rico License Co., LLC (the "SunCom Subsi aries") — to T—Mobile. To effectuate the transfer of control, Tango Merger Sub, Inc., a newly formed, v plly—owned subsidiary of T—Mobile, will merge with and into SunCom. Upon merging, SunCom will co nue as the surviving corporation. The SunCom Subsidiaries will remain indirect, wholly—owned su diaries of SunCom and will become indirect, wholly—owned subsidiaries of T—Mobile. These transfer of control applications pertain to licenses for the Part 22 Cellular Radiotelephone Service, the Part 24 Personal Communications Service and the Part 101 Common Carrier Fixed Point—to— Point Microwave Service, as well as international Section 214 authorizations. The Applicants also request a declaratory ruling that the proposed foreign ownership of the SunCom Subsidiaries in excess of the 25 percent benchmark set forth in Section 310(b)(4) of the Communications Act is in the public © 2 interest. Applicants request that the Commission condition grant of the applications and the 310(b)(4) Petition on compliance with the provisions of the January 12, 2001 Security Agreement by Deutsche Telekom AG ("DT"), VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation, the Federal Bureau of Investigation and the U.S. Department of Justice." ‘ 47 U.S.C. §§ 214, 310(d). 2 47 U.S.C. § 310(b)(4). > Applications of VoiceStream Wireless Corporation, Powertel Inc, Transferors, and Deutsche Telekom AG,

II. SECTION310(d) APPLICATIONS The following applications for consent to transfer control ofthe SunCom Subsidiaries‘ wireless radio servicelicenses to T—Mobile have been assignedthe file numbers listed below. File No. Licensee Lead Call Sign 0003178152‘ SunCom Wireless License Company, LLC KNKNS57 0003178835 SunCom Wireless Puerto Rico License Co., LLC KNLF249 III. INTERNATIONAL SECTION 214 AUTHORIZATIONS The following applications for consent to the transfer of control ofinternational Section 214 authorizations held by the SunCom Subsidiaries have been assigned thefile numbers listed below. File No. AuthorizationHolder Authorization Number Fr@=P/C=200717001°0040A SunCom Wireless License Company, LLC ITC—214—20010308—00124 ITC—T/C—20071001—00405 SunCom Wireless Puerto Rico License Co., LLC ITC—214—20070626—00246 IV. PETITION FOR DECLARATORY RULINGUNDER SECTION 310(B)(4) Applicants have filed a petition pursuant to Section 310(b)(4) of the Communications Act for a declaratory ruling thatit is in the public interest for the SunCom Subsidiaries to have indirect foreign ownership in excess of the 25 percent benchmark under Section 310(b)(4) of the Communications Act. Upon consummation of the proposed transaction, the SunCom Subsidiaries will become indirect subsidiaries of T—Mobile. T—Mobile is an indirect, wholly—owned subsidiary of DT, a corporation organized under the laws of the Federal Republic of Germany ("FRG"), a World Trade Organization Member country. The two wholly—owned intermediate subsidiaries between T—Mobile and DT are organized under the laws of the FRG. The FRG holds an approximately 14.83 percent direct interest in DT. Kreditanstalt fur Wiederaufbau ("KFW*"), a bank organized under the laws of, and controlled by, the FRG, holds an approximately 16.87 percent direct interest in DT. The FRG holds an approximately 80 percent interest in KFW. Applicants request a declaratory ruling allowing DT to hold anindirect ownership interest of up to 100 percent in SunCom and its subsidiaries. The petition for declaratory ruling under Section 310(b)(4) of the Communications Act has been assigned File No. ISP—PDR— 20071001—00013. Transferee, for Consent to Transfer Control of Licenses and Authorizations Pursuant to Sections 214 and 310(d) of the Communications Act and Petition for Declaratory Ruling Pursuant to Section 310 of the Communications Act, IB Docket No. 00—187, Memorandum Opinion and Order, 16 FCC Red 9779, 9853 (Appendix B) (2001). * ULS File No. 0003178152 has been designated the lead application for the wireless radio service licenses that are the subject of this transaction. All pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application will be available through this file number in ULS at http://wireless.fec.gov/uls/.

v. EX PARTE STATUS OF THIS PROCEEDING Pursuant to Section 1.1200(a) of the Commission‘s es," the Commission may adopt modified or more stringent ex parte procedures in particular proceedi ; if the public interest so requires. We announce that this proceeding will be governed by permit—b disclose ex parte procedures that are applicable to non—restricted proceedings under Section 1.12! of the Commission‘s rules." Parties making oral ex parte presentations are direci to the Commission‘s statement reemphasizing the public‘s responsibility in permit—but—disc e proceedings and are reminded that memoranda summarizing the presentation must contain the : ‘sentation‘s substance and not merely list the subjects discussed.‘ More than a one— or two—sentence c >ription of the views and arguments presented is generally required.© Other rules pertaining to 0 and written presentations are set forth in Section 1.1206(b) as well.‘ We urge parties to use the Elect ic Comment Filing System ("ECFS") to file ex parte submissions.‘" VI. GENERAL INFORMATION The transfer of control applications referenced here 1ave been found, upon initial review, to be acceptable for filing. The Commission reserves the right to urn any application if, upon further exarmmination, it is determined to be defective and not in coni nance with the Commission‘s rules or policies. Final action on these applications will not be take: arlier than thirty—one days following the date of this Public Notice."‘ Interested parties must file petitions to deny no late1 an November 23, 2007. Persons and entities that file petitions to deny become parties to the proc ling. They may participate fully in the proceeding, including seeking access to any confidential inf nation that may be filed under a protective order, seeking reconsideration of decisions, and filing appez of a final decision to the courts. Oppositions to such pleadings must be filed no later than D¢ mber 3, 2007. Replies to such pleadings must be filed no later than December 10, 2007. All filings c cerning matters referencedin this Public Notice should refer to DA 07—4372 and WT Docket No. 07— 7, as well as the specific file numbers of the individual applications or other matters to which the fili ; pertain. Under the Commission‘s current procedures for the amissionoffilings and other documents," submaissions in this matter may be filed electronically (%.e., t igh ECFS) or by hand delivery to the Commission‘s Massachusetts Avenue location, as specified below. °47 C.F.R. § 1.1200(a). © Id. § 1.1206. " See Commission Emphasizes the Public‘s Responsibilities in Permit—But—Disclose Proceedings, Public Notice, 15 FCC Red 19945 (2000). 8 See 47 C.F.R. § 1.1206(b)(2). ° Id. § 1.1206(b). ‘" See discussion infra Part VI. 4 See 47 U.S.C. § 309(b). * See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Red 21483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for

e If filed by ECFS," comments shall be sent as an electronic file via the Internet to http://www.fcee.gov/e—file/ecfs.html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e—mail. To get filing instructions for e—mail comments, commenters should send an e—mail to ecfs@fcee.gov, and should include the following words in the body of the message, "get form <your e—mail address>." A sample form and directions will be sent in reply. e Iffiled by paper, the original and four copies of each filing must be filed by hand or messenger delivery, by commercial overnight courier, or byfirst—class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission‘s contractor, Natek, Inc., will receive hand—delivered or messenger—delivered paper filings for the Commission‘s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. 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. Anyenvelopes 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 mail, Express Mail, 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) Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at erin.megrath@fee.gov or (202) 418—7447 (facsimile); (3) Susan Singer, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, at susan.singer@fcee.gov or (202) 418—7447 (facsimile); (4) Linda Ray, Broadband Division, at linda.ray@fce.gov or (202) 418—8188 (facsimile); (5) David Krech, Policy Division, International Bureau, at david.krech@fee.gov or (202) 418—2824 (facsimile); and (6) Neil Dellar, Office of General Counsel, at neil.dellar@fee.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 the Commission‘s ECFS, which may be accessed on the Commission‘s Internet website at http://www.fee.gov. In addition, applications filed under Parts 22, 24 and 101 of the Commission‘s rules are available electronically through ULS, which may be accessed on the Commission‘s Internet website. Additional information regarding the transaction will be available on the FCC‘s Office of General Counsel‘s website, http://www.fee.gov/oge, which will contain a fully indexed, unofficial listing and electronic copies of all materials in this docket. Alternate formats of this General Correspondence, Public Notice, 16 FCC Red 22165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Red 16705 (2003). } See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Red 11322 (1998).

public notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418—7426 (voice), (202) 418—7365 (TTY), or by sending an e—mail to access@fec.gov. For further information, contact Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at (202) 418—2042. —FCC—


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Document Modified: 2019-05-31 11:05:01
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