Public Notice TEL01394NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2009-10-30

FCC.report > IB > Public Notices > TEL01394NS

Filings Included

File NumberService
ITC-T/C-20090908-00409International Telecommunications
ISP-PDR-20090826-00008International Telecommunications
IBFS_PN_773686

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01394NS Friday October 30, 2009 NON STREAMLINED INTERNATIONAL APPLICATIONS/PETITIONS 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-20090826-00008 E T-Mobile USA, Inc. Petition for Declaratory Ruling T-Mobile USA, Inc. (T-Mobile or "Petitioner") requests a declaratory ruling, pursuant to section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), that it is not contrary to the public interest for Deutsche Telekom AG and its German shareholders to increase their indirect ownership interest in WALLC License, LLC (WALLC License Sub) from 30 percent, as previously authorized by the Commission, to 100 percent. WALLC License Sub is wholly owned by Wireless Alliance, LLC which is, in turn, owned by T-Mobile (30%) and Cellco Partnership d/b/a Verizon Wireless (Verizon Wireless) (70%). T-Mobile filed its petition in connection with the application to transfer control of WALLC License Sub from Verizon Wireless to T-Mobile. See ULS File No. 0003946812. WALLC License Sub holds two 20 MHz B block broadband Personal Communications Service ("PCS") licenses that cover portions of Minnesota, North Dakota and South Dakota. According to the Petition, T-Mobile and Verizon Wireless have executed an Exchange Agreement dated August 5, 2009 (the "Agreement") under which licensee-subsidiaries of T-Mobile will assign certain PCS spectrum located in Oklahoma, Georgia, South Carolina and West Virginia to Verizon Wireless. In return, Verizon Wireless will cause its wholly-owned subsidiary, Rural Cellular Corporation ("RCC"), to transfer to T-Mobile all of RCC's membership interests in WALLC to T-Mobile. Upon consummation of the transaction, WALLC and WALLC License Sub will become wholly-owned subsidiaries of T-Mobile. T-Mobile, a Delaware corporation, is ultimately wholly owned by Deutsche Telekom AG (DT), a publicly traded German corporation. The Federal Republic of Germany currently holds, directly and indirectly, 31.70 percent of the ownership interests in DT. DT holds its interests in T-Mobile indirectly through two wholly-owned, direct and indirect subsidiaries: T-Mobile Global Zwischenholding GmbH (TGZ) and T-Mobile Global Holding GmbH, respectively, both of which are organized in Germany. Petitioner asserts that, pursuant to the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the public interest would be served by permitting DT and its German shareholders to increase their ownership interest in WALLC License Sub to 100 percent. T-Mobile requests that the Commission condition its grant of the petition on compliance with the provisions of the Agreement entered into on January 12, 2001, as amended, between DT and the United States Department of Justice, the Federal Bureau of Investigation, and the United States Department of Homeland Security. ITC-T/C-20090908-00409 E 3U Telecom, Inc. Transfer of Control Current Licensee: 3U Telecom, Inc. FROM: 3U Holding AG TO: Johannes Gottschalk & Herve R. Andrieu Application for consent to the transfer of control of international section 214 authorization, ITC-214-20031031-00499, held by 3U Telecom, Inc. (3UTel) from 3U Holding AG f/k/a 3U Telecom AG (3UAG) to Johannes Gottschalk and Herve R. Andrieu. Pursuant to a stock acquisition transaction that was consummated on December 15, 2008, without prior Commission approval, transferees Gottschalk and Andrieu, each of whom individually held 15% stock interest in 3UTel, acquired the remaining 70% stock interest in 3UTel held by 3UAG so that each now holds a 50% ownership interest in and negative control of 3UTel. (Subsequent to this transaction, 3U Telecom, Inc. changed its name to Telecom North America, Inc.) Mr. Gottschalk is a citizen of Germany, and Mr. Andrieu is a citizen of France. 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


Document Created: 2009-10-29 16:06:48
Document Modified: 2009-10-29 16:06:48
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