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

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 04- 2599**

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

**Released: August 20, 2004**

**AT&T WIRELESS PCS, LLC, TRITON PCS LICENSE COMPANY L.L.C.,**

**AND LAFAYETTE COMMUNICATIONS COMPANY L.L.C.**

**SEEK FCC CONSENT TO ASSIGNMENT OF LICENSES**

**WT Docket No. 04-323**

**PLEADING CYCLE ESTABLISHED**

**Petitions to Deny Due: September 20, 2004**

**Oppositions Due: September 30, 2004**

**Replies Due: October 7, 2004**

AT&T Wireless PCS, LLC, a wholly-owned subsidiary of AT&T Wireless
Services, Inc. (collectively with AT&T Wireless PCS, LLC, "AT&T
Wireless"), Triton PCS License Company L.L.C., a wholly-owned subsidiary
of Triton PCS Holdings, Inc. (collectively with Triton PCS License
Company L.L.C., "Triton") and Lafayette Communications Company L.L.C.
("Lafayette") (collectively, "the Applicants") have filed four
applications seeking approval, pursuant to Section 310(d) of the
Communications Act of 1934, as amended,[^1] for the full and partial
assignment of certain A- and C-Block Personal Communications Services
("PCS") licenses. The Applicants seek Commission consent to exchange PCS
spectrum in various markets located primarily in Georgia and North
Carolina. As a result of the proposed spectrum exchange, AWP will
acquire 5 MHz of PCS spectrum in the Savannah, GA Basic Trading Area
("BTA") and 20 MHz of PCS spectrum in the Augusta, GA BTA. Triton will
acquire 10 MHz of additional PCS spectrum in the Asheville, NC,
Jacksonville, NC, and Wilmington, NC BTAs.[^2] Consummation of the
proposed spectrum exchange is contingent upon the closing of the
proposed transfer of control of AWS to Cingular Wireless Corporation
("Cingular"), assuming approval of that transfer of control.[^3]

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

The following applications for consent to assign PCS licenses granted
pursuant to Part 24 of the Commission's rules have been assigned the
file numbers below:

  -------------------------------------------------------------------------------------------------------------
  **[File              **[Licensee/Assignor]{.underline}**   **[Assignee]{.underline}**   **[Lead Call
  No.]{.underline}**                                                                      Sign]{.underline}**
  -------------------- ------------------------------------- ---------------------------- ---------------------
  0001810683[^4]       AT&T Wireless PCS, LLC                Triton PCS License Company   KNLF221
                                                             L.L.C.                       

  0001808915           Lafayette Communications Company      Triton PCS License Company   WPOK658
                       L.L.C.                                L.L.C.                       

  50013CWAA04[^5]      Triton PCS License Company L.L.C.     AT&T Wireless PCS, LLC       WPOK658

  0001810164           Triton PCS License Company L.L.C.     AT&T Wireless PCS, LLC       WPWL461
  -------------------------------------------------------------------------------------------------------------

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

Pursuant to section 1.1200(a) of the Commission's rules,[^6] 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.[^7]

Parties making oral *ex parte* presentations are directed to the
Commission's statement re-emphasizing 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.[^8] More than a one- or
two-sentence description of the views and arguments presented is
generally required.[^9] Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well.[^10] We urge
parties to use the Electronic Comment Filing System ("ECFS") to file *ex
parte* submissions.[^11]

**III. GENERAL INFORMATION**

The 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.[^12]

Interested parties must file petitions to deny no later than **­
September 20, 2004**. 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 **September
30, 2004**. Replies to such pleadings must be filed no later than
**October 7, 2004**. All filings concerning matters referenced to in
this Public Notice should refer to **DA 04-2599** and **WT Docket No.
04-323**, 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,[^13] submissions in this matter may be filed
electronically (*i.e.*, though ECFS) or by hand delivery to the
Commission's Massachusetts Avenue location.

-   **If filed by ECFS**,[^14] 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); and (4) Kathy Harris, Mobility Division, Wireless
Telecommunications Bureau, at kathy.harris@fcc.gov, or (202) 418-7447
(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, 27, 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. § 310(d).

[^2]: Additionally, the Applicants note that, upon consummation of this
    transaction, AT&T Wireless "will relinquish all of its equity in
    Triton" and will no longer have the right to appoint a director to
    Triton's board of directors. Application, ULS File No. 0001810683,
    Exhibit 1, at 1 (filed July 21, 2004).

[^3]: *See* AT&T Wireless Services, Inc. and Cingular Wireless
    Corporation Seek FCC Consent to Transfer Control of Licenses and
    Authorizations, WT Docket No. 04-70, *Public Notice*, 19 FCC Rcd.
    6185 (2004). AT&T Wireless will be an indirect, wholly-owned
    subsidiary of Cingular upon consummation of the transfer of control
    of licenses from AT&T Wireless to Cingular. *See id*.

[^4]: ULS File No. 0001810683 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
    ULS at http://wireless.fcc.gov/uls/.

[^5]: This application is attached to File No. 0001810164. This
    application seeks consent for the assignment of licenses, from
    Triton to AT&T Wireless, currently held by Lafayette. As background,
    Triton proposes to assign 15 MHz of C-Block spectrum in the
    Savannah, GA BTA to AT&T Wireless. Triton currently holds this 15
    MHz of spectrum, under call sign WPWL461, in 10 of 19 counties.
    Lafayette currently holds this 15 MHz of spectrum, under call sign
    WPOK658, in the remaining 9 counties. Triton will acquire WPOK658,
    and then assign both its WPOK658 and WPWL461 to AT&T Wireless.
    Accordingly, the Applicants have filed (1) an application seeking
    authority to assign WPOK658 from Lafayette to Triton (File No.
    0001808915), and (2) a manually-filed application to assign WPOK658
    from Triton to AT&T Wireless (File No. 50013CWAA04). Since the
    application assigning WPOK658 from Lafayette to Triton remains
    pending before the Commission, the license is not shown as belonging
    to Triton in ULS. Thus, this application was filed manually with a
    request for waiver of the ULS electronic filing requirement,
    pursuant to section 1.913(b) of the Commission's rules. 47 C.F.R. §
    1.913(b). We grant the parties' request for waiver of the ULS filing
    requirement.

[^6]: 47 C.F.R. § 1.1200(a).

[^7]: *Id.* § 1.1206.

[^8]: *See* Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings, *Public Notice*, 15 FCC Rcd. 19,945
    (2000).

[^9]: *See* 47 C.F.R. § 1.1206(b)(2).

[^10]: *Id.* § 1.1206(b).

[^11]: *See* discussion *infra* Part III.

[^12]: *See* 47 U.S.C. § 309(b); *see also* Promoting Efficient Use of
    Spectrum Through Elimination of Barriers to the Development of
    Secondary Markets, *Report and Order and Further Notice of Proposed
    Rulemaking*, 18 FCC Rcd. 20,604 (2003).

[^13]: *See* Implementation of Interim Electronic Filing Procedures for
    Certain Commission Filings, *Order*, 16 FCC Rcd. 21,483 (2001); *see
    also* FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd. 22,165 (2001); Reminder: Filing Locations for Paper Documents
    and Instructions for Mailing Electronic Media, *Public Notice*, 18
    FCC Rcd. 16,705 (2003).

[^14]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    GC Docket No. 97-113, *Report and Order*, 13 FCC Rcd. 11,322 (1998).