PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 06-1422**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**Released: July 10, 2006**

**ALLTEL COMMUNICATIONS, INC. AND CINGULAR WIRELESS LLC SEEK FCC CONSENT
TO TRANSFER CONTROL OF LICENSES AND AUTHORIZATIONS**

**WT Docket No. 06-131**

**PLEADING CYCLE ESTABLISHED**

**Petitions to Deny Due: August 9, 2006**

**Oppositions Due: August 21, 2006**

**Replies Due: August 28, 2006**

**I. INTRODUCTION**

ALLTEL Communications, Inc. ("ALLTEL") and Cingular Wireless LLC
("Cingular") (collectively, the "Applicants") have filed a series of
applications pursuant to Section 310(d) of the Communications Act of
1934, as amended.[^1] In these applications, the Applicants seek
Commission approval of the *pro forma* assignment of licenses from WWC
Holding Co., Inc. ("WWC"), a wholly-owned subsidiary of ALLTEL, and
Great Western Cellular Holdings LLC ("Great Western")[^2] to Southern
Minnesota, LLC ("Southern Minnesota"), another wholly-owned subsidiary
of ALLTEL, and the transfer of control of Southern Minnesota to
Cingular. These applications pertain to licenses for the Part 22
Cellular Radiotelephone Service, Part 24 Personal Communications
Service, and Part 101 Common Carrier Fixed Point-to-Point Microwave and
Microwave Industrial/Business Pool Services.

These assignment and transfer of control applications were filed in
connection with a proposed acquisition whereby Cingular will acquire
wireless licenses and certain assets in southern Minnesota.[^3] The
Applicants state that, pursuant to the Purchase Agreement, "existing
ALLTEL customers will remain with ALLTEL."[^4] The Applicants further
state that "Cingular's acquisition of these licenses and certain related
wireless system assets responds to the competitive concerns that have
been raised in response to ALLTEL's proposed acquisition of Midwest
Wireless Holdings, L.L.C."[^5] The Applicants assert that the *pro
forma* applications assigning the licenses to Southern Minnesota will be
consummated immediately prior to the consummation of the application
transferring of control of Southern Minnesota to Cingular.[^6]

**II. SECTION 310(d) APPLICATIONS**

The following applications for consent to *pro forma* assign licenses to
Southern Minnesota and to transfer control of licenses to Cingular have
been assigned the file numbers listed below.

  ------------------------------------------------------------------------------------
  **[File              **[Licensee]{.underline}**                **[Lead Call
  No.]{.underline}**                                             Sign]{.underline}**
  -------------------- ----------------------------------------- ---------------------
  0002649372[^7]       WWC Holding Co., Inc.                     KNKN282

  0002660860           Great Western Cellular Holdings LLC       WPSJ612

  50006CLTC06[^8]      Southern Minnesota, LLC                   KNKN282
  ------------------------------------------------------------------------------------

**IV. *EX PARTE* STATUS OF THIS PROCEEDING**

Pursuant to section 1.1200(a) of the Commission's rules,[^9] the
Commission may adopt modified or more stringent *ex parte* procedures in
particular proceedings if the public interest so requires. We announce
that this proceeding will be governed by permit-but-disclose *ex parte*
procedures that are applicable to non-restricted proceedings under
section 1.1206 of the Commission's rules.[^10]

Parties making oral *ex parte* presentations are directed to the
Commission's statement reemphasizing the public's responsibility in
permit-but-disclose proceedings and are reminded that memoranda
summarizing the presentation must contain the presentation's substance
and not merely list the subjects discussed.[^11] More than a one- or
two-sentence description of the views and arguments presented is
generally required.[^12] Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well.[^13] We urge
parties to use the Electronic Comment Filing System ("ECFS") to file *ex
parte* submissions.[^14]

**V. GENERAL INFORMATION**

The transfer of control applications referenced herein have been found,
upon initial review, to be acceptable for filing. The Commission
reserves the right to return any application if, upon further
examination, it is determined to be defective and not in conformance
with the Commission's rules or policies. Final action on these
applications will not be taken earlier than thirty-one days following
the date of this Public Notice.[^15]

Interested parties must file petitions to deny no later than **August 9,
2006**. Persons and entities that file petitions to deny become parties
to the proceeding. They may participate fully in the proceeding,
including seeking access to any confidential information that may be
filed under a protective order, seeking reconsideration of decisions,
and filing appeals of a final decision to the courts. Oppositions to
such pleadings must be filed no later than **August 21, 2006**. Replies
to such pleadings must be filed no later than **August 28, 2006**. All
filings concerning matters referenced in this Public Notice should refer
to DA 06-1422 and WT Docket No. 06-131, as well as the specific file
numbers of the individual applications or other matters to which the
filings pertain.

Under the Commission's current procedures for the submission of filings
and other documents,[^16] submissions in this matter may be filed
electronically (*i.e.*, through ECFS) or by hand delivery to the
Commission's Massachusetts Avenue location.

-   **If filed by ECFS**,[^17] comments shall be sent as an electronic
    file via the Internet to http://www.fcc.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@fcc.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.

-   **If filed by paper**, the original and four copies of each filing
    must be filed by hand or messenger delivery, by commercial overnight
    courier, or by first-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. Any envelopes 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.mcgrath@fcc.gov, or (202) 418-7447
(facsimile); (3) Susan Singer, Spectrum and Competition Policy Division,
Wireless Telecommunications Bureau, at susan.singer@fcc.gov, or (202)
418-7447 (facsimile); (4) Linda Ray, Broadband Division, at
linda.ray@fcc.gov, or 418-8188 (facsimile); and (6) Ann Bushmiller,
Office of General Counsel, at ann.bushmiller@fcc.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.fcc.gov. In addition, applications filed
under Parts 22, 24, 90, 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.fcc.gov/ogc, which will contain a fully indexed, unofficial
listing and electronic copies of all materials in this docket. Alternate
formats of this 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 send an e-mail to access@fcc.gov.

For further information, contact Erin McGrath, Mobility Division,
Wireless Telecommunications Bureau, at (202) 418-2042, or Susan Singer,
Spectrum and Competition Policy Division, Wireless Telecommunications
Bureau, at (202) 418-1340.

**-FCC-**

[^1]: 47 U.S.C. §§ 214, 310(d).

[^2]: The Applicants note that ALLTEL currently does not control Great
    Western. However, there is an application pending before the
    Commission to transfer control of Great Western to WWC. *See*
    Application to Transfer Control of Southern Minnesota, LLC to ALLTEL
    Corporation, File No. 50006CLTC06, Exhibit 1, at 2 n.4 (filed June
    22, 2006) ("Transfer of Control Application") (citing Application to
    Transfer Control of Great Western Cellular Holdings LLC to ALLTEL
    Corporation, File No. 0002532959 (filed Mar. 21, 2006)). The
    Applicants state that "for the purposes of this \[a\]pplication,
    \[they\] assume that the Commission will grant the pending
    application to transfer control of Great Western to WWC." *Id.* The
    Applicants further state that they "intend to transfer control of
    Great Western's cellular license to Cingular once ALLTEL acquires
    control of the license." *Id.*

[^3]: *See* Transfer of Control Application, Exhibit 1, at 1.

[^4]: *Id*., Exhibit 1, at 1, 4 n.17.

[^5]: *Id*., Exhibit 1, at 4 (citing Midwest Wireless Holdings, L.L.C.
    and ALLTEL Communications, Inc. Seek FCC Consent to Transfer Control
    of Licenses and Authorizations, WT Docket No. 05-339, *Public
    Notice*, 20 FCC Rcd 19834 (2005)).

[^6]: *See* Transfer of Control Application, Exhibit 1, at 1 n.2, 2.

[^7]: ULS File No. 0002649372 has been designated as the lead
    application, and 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
    the Universal Licensing System ("ULS") at
    http://wireless.fcc.gov/uls/.

[^8]: This application is attached to File No. 0002649372. This
    application seeks consent for the transfer of control of licenses
    from Southern Minnesota to ALLTEL. As background, the Southern
    Minnesota licenses are the subject of two pending applications
    seeking Commission approval of the *pro forma* assignment of
    licenses from WWC and Great Western to Southern Minnesota. *See*
    Application to *Pro Forma* Assign Licenses from WWC Holding Co.,
    Inc. to ALLTEL Corporation, File No. 0002649372 (filed June 13,
    2006); Application to *Pro Forma* Assign Licenses from Great Western
    Cellular Holdings LLC to ALLTEL Corporation, File No. 0002660860
    (filed June 13, 2006). Further, the *pro forma* application
    assigning licenses from Great Western to Southern Minnesota is
    contingent upon approval and consummation of the application seeking
    consent to the transfer of control of licenses held by Great Western
    to ALLTEL, which also is pending before the Commission. *See*
    Application to Transfer Control of Great Western Cellular Holdings
    LLC to ALLTEL Corporation, File No. 0002532959 (filed Mar. 21,
    2006); *see also* discussion *supra* note 2. Since the applications
    assigning licenses from WWC and Great Western to Southern Minnesota
    remain pending, the licenses are not shown as being held by Southern
    Minnesota in ULS. Thus, pursuant to section 1.913(b) of the
    Commission's rules, 47 C.F.R. § 1.913(b), this application was filed
    manually with a request for waiver of the ULS electronic filing
    requirement. *See* Transfer of Control Application, Exhibit 1, at 2.
    We grant the parties' request for waiver of the ULS filing
    requirement.

[^9]: 47 C.F.R. § 1.1200(a).

[^10]: *Id.* § 1.1206.

[^11]: *See* Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings, *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^12]: *See* 47 C.F.R. § 1.1206(b)(2).

[^13]: *Id.* § 1.1206(b).

[^14]: *See* discussion *infra* Part V.

[^15]: *See* 47 U.S.C. § 309(b).

[^16]: *See* FCC Announces a New Filing Location for Paper Documents and
    a New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd 22165 (2001); *see also* Reminder: Filing Locations for Paper
    Documents and Instructions for Mailing Electronic Media, *Public
    Notice*, 18 FCC Rcd 16705 (2003).

[^17]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    GC Docket No. 97-113, *Report and Order*, 13 FCC Rcd 11322 (1998).