T-Mobile US, Inc, Sp

LETTER submitted by Department of Justice

Removal from Streamline

2018-07-25

This document pretains to ITC-T/C-20180618-00122 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2018061800122_1473349

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) T-Mobile US, Inc. ) ) WT Docket No. 18-197 Petition for Declaratory Ruling under ) IB Docket No. _________________ Section 310(b)(4) of the Communications ) Act of 1934, As Amended ) To: International Bureau Federal Communications Commission PETITION FOR DECLARATORY RULING Pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended,1 and Section 1.5000(a)(1) of the Commission’s rules,2 T-Mobile US, Inc. (“T-Mobile”), on behalf of its current and future FCC licensee and lessee subsidiaries,3 respectfully petitions the Federal Communications Commission (“FCC” or “Commission”) for a declaratory ruling that it would not serve the public interest to prohibit indirect foreign ownership of T-Mobile and its subsidiaries of up to 100 percent. On multiple occasions in previous granted declaratory rulings, the FCC has repeatedly approved 100 percent indirect ownership in T-Mobile and its wholly owned subsidiaries by T-Mobile’s ultimate parent, Deutsche Telekom AG (“DT”). This petition once again seeks authority for these entities to hold up to 100 percent indirect ownership and control of T-Mobile—this time in connection with the transfer of FCC licenses and leases as part 1 47 U.S.C. § 310(b)(4). 2 47 C.F.R. § 1.5000(a)(1). 3 47 C.F.R. § 1.5000(c)(2)(ii).

of T-Mobile’s proposed merger with Sprint Corporation (“Sprint”).4 The petition also seeks authority for up to 49.99 percent ownership by certain other foreign minority interest holders previously reviewed and approved by the Commission. I. BACKGROUND AND PRIOR RULINGS Section 310(b)(4) of the Communications Act prohibits the issuance of any common carrier radio license to: any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country, if the Commission finds the public interest will be served by the refusal or revocation of such license.5 In the Foreign Participation Order, the Commission concluded that allowing additional foreign investment in common carrier wireless licensees beyond the 25 percent benchmark established in Section 310(b)(4) would promote competition in the U.S. market, thereby serving the public interest.6 More recently, in the Foreign Ownership Policies Second Report and Order, the Commission re-affirmed that “foreign investment has been and will continue to be an important 4 T-Mobile and Sprint are contemporaneously filing applications seeking FCC consent for the transfer of control to T-Mobile of FCC licenses and leases held by subsidiaries of Sprint, as well as the pro forma transfer of control of FCC licenses and leases held by subsidiaries of T- Mobile. The Commission has opened WT Docket No. 18-197 for applications in connection with the transaction. See Commission Opens Docket for Proposed Transfer of Control of Sprint Corporation to T-Mobile US, Inc., Public Notice, DA 18-625 (June 15, 2018). 5 47 U.S.C. § 310(b)(4) (emphasis added). 6 See Rules and Policies on Foreign Participation in the U.S. Telecommunication Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23940, Para. 111 (1997) (Foreign Participation Order). 2


Document Created: 2018-07-25 16:02:02
Document Modified: 2018-07-25 16:02:02
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