Public Notice TEL01043NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2006-06-29

FCC.report > IB > Public Notices > TEL01043NS

Filings Included

File NumberService
ISP-PDR-20060522-00009International Telecommunications
IBFS_PN_508063

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01043NS Thursday June 29, 2006 NON STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING Section 214 Applications (47 C.F.R. § 63.18); Authorize Switched Services over Private Lines (47 C.F.R. § 63.16) and Section 310(b)(4) Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing. These applications are not subject to the streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12. These applications shall not be deemed granted until the Commission affirmatively acts upon the application, either by public notice or by written order. Operation for which authorization is sought may not commence except in accordance with any terms or conditions imposed by the Commission. Unless otherwise specified, interested parties may file comments with respect to these applications within 28 days of the date of this public notice. We request that such comments refer to the application file number shown below. No application listed below shall be granted by the Commission earlier than the day after the date specified in this public notice for the filing of comments. Unless otherwise specified, ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission’s rules for “permit-but-disclose proceedings.” See 47 C.F.R. § 1.1206. Copies of all applications listed here are available for public inspection in the FCC Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission’s rules, regulations, and other requirements. Page 1 of 2

ISP-PDR-20060522-00009 P Iowa Wireless Services Holding Corporation Petition for Declaratory Ruling Iowa Wireless Services Holding Corporation ("Iowa Wireless" or the "Petitioner") requests that we find permissible the indirect foreign ownership of Iowa Wireless in excess of the 49.9 percent interest previously authorized under Section 310(b)(4) of the Communications Act of 1934, as amended. Specifically, Iowa Wireless requests a declaratory ruling approving an increase in the level of indirect foreign ownership in Iowa Wireless by Deutsche Telekom AG up to and including 60 percent. Iowa Wireless filed its ruling request in connection with an application for consent to transfer control of its broadband PCS licenses from INS Wireless, Inc. to T-Mobile USA, Inc. See ULS 0002618243. According to the petition, Iowa Wireless is a Delaware corporation that is wholly owned by Iowa Wireless Services, LLC ("IWS-LLC"), a Delaware limited liability company. There are two members of IWS-LLC: INS Wireless, Inc. ("INSW"), an Iowa corporation that holds a 62 percent interest in IWS-LLC; and VoiceStream PCS I Iowa Corporation ("VoiceStream PCS"), a Delaware corporation that holds a 38 percent interest in IWS-LLC. VoiceStream PCS is a direct, wholly-owned subsidiary of T-Mobile USA, Inc. ("T-Mobile" f/k/a VoiceStream Wireless Corporation), a Delaware corporation that is indirectly wholly owned by Deutsche Telekom AG ("DT"). DT is a company organized under the laws of the Federal Republic of Germany, a World Trade Organization member country. Pursuant to an Amended and Restated Credit Agreement and the IWS-LLC limited liability company agreement, if and to the extent certain convertible junior notes and interest on those notes are repaid in cash, VoiceStream PCS' ownership interest in IWS-LLC could approach 60 percent over time. Petitioner states that, in order to accommodate the long-term nature of IWS-LLC's payment obligations, and to avoid repetitive and substantially similar applications to request Commission authority to incrementally increase DT's indirect foreign ownership interest in Iowa Wireless, it requests that the Commission find it will not be in the public interest to prohibit DT from indirectly holding an ownership interest in Iowa Wireless of up to and including 60 percent. The Petitioner further requests that the Commission condition grant of this petition on compliance with the provisions of a January 12, 2001 agreement between DT and the Department of Justice and the Federal Bureau of Investigation (citing Iowa Wireless Services Holding Corp., et al., IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001)). The Petitioner asserts that, pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 18158 (2000), the proposed increase in the indirect foreign ownership of Iowa Wireless is consistent with the public interest. Interested parties may file comments on or before July 13, 2006, and reply comments on or before July 20, 2006. REMINDER: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001–.2003. An updated version of Section 63.09-.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html Page 2 of 2


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Document Modified: 2019-04-08 06:15:34
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