PUBLIC NOTICE![](media/image1.png){width="0.7in" height="0.7in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 99-2542**

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

> **Released: November 16, 1999**

**AMERICAN CELLULAR CORPORATION AND JOINT VENTURE**

**BETWEEN DOBSON COMMUNICATIONS CORPORATION**

**AND AT&T WIRELESS SERVICES, INC.,**

**SEEK FCC CONSENT TO TRANSFER CONTROL**

**OF WIRELESS LICENSES**

**PLEADING CYCLE ESTABLISHED**

American Cellular Corporation ("ACC") and ACC Acquisition LLC, a joint
venture between Dobson Communications Corporation and AT&T Wireless
Services, Inc., have filed applications under Section 310(d) of the
Communications Act, 47 U.S.C. § 310(d), seeking Commission consent for
the transfer of control of the following wireless telecommunications
licensees to ACC Acquisition LLC. The transfer of control will be
accomplished by the merger of ACC Acquisition Co., a wholly owned
subsidiary of ACC Acquisition LLC, with and into ACC, after which the
separate corporate existence of ACC Acquisition Co. will cease and ACC
shall continue as the surviving corporation. ACC will then be a wholly
owned subsidiary ofACC Acquisition LLC.

Transferee is a newly formed limited liability company, owned in equal
shares by a direct, wholly-owned subsidiary of AT&T Wireless Services,
Inc. ("AT&T"), and Dobson JV Company ("DCCJV"), whose ultimate owner is
Dobson Communications Corporation ("DCC"). The qualifications of AT&T
and DCC to own and control licenses issued by the FCC have been
regularly reviewed and approved. The management of ACC Acquisition LLC
shall be accomplished by a four-person Management Committee. Two of the
Managers will be appointed by ATTJV and two of the Managers will be
appointed by DCCJV. Day-to-day operations will be managed by a
subsidiary of DCC, pursuant to a management services agreement and under
the ultimate guidance, supervision and control of the Management
Committee ofACC Acquisition LLC.

The parties state that the transaction complies with wireless ownership
rules because none of DCC's subsidiaries currently provides CMRS
services in any of the geographic markets served by ACC, and AT&T's
participation would not result in AT&T exceeding the spectrum cap in any
market. The parties further state that this transaction will enable ACC
to have more resources available to it to enhance and improve service in
many of the rural areas where ACC currently provides service. Further,
the transaction will enable ACC Acquisition LLC's owners to amortize
development costs over a broader subscriber base and provide the funding
necessary to provide seamless, quality service to the public and meet
the demands of the competitive wireless marketplace.

SECTION 310 APPLICATIONS

**Part 22 - Cellular Radiotelephone Service**

The following applications for consent to the transfer of control to ACC
Acquisition LLC of the Part 22 Cellular Radiotelephone Service licenses
and authorizations in which ACC holds an interest have been assigned the
file numbers below.

**[File No.]{.underline} [Licensee]{.underline} [Call
Sign(s)]{.underline}**

0000045161 ACC Minnesota License LLC KNKA504 (lead)

0000045185 ACC New York License I LLC KNKN512 (lead)

0000045181 ACC New York License II LLC KNKA701

0000045187 ACC New York License III LLC KNKA455

0000045183 ACC Wausau License LLC KNKA763

0000045172 ACC Wisconsin License LLC KNKA814 (lead)

0000045189 ACC Ohio License LLC KNKN713 (lead)

0000045190 ACC Pennsylvania License LLC KNKN781

0000045186 Alton CellTelCo KNKA611

0000045165 ACC Kentucky License LLC KNKN666 (lead)

0000045169 ACC Michigan License LLC KNKN859

0000045182 ACC Tennessee License LLC KNKN526

0000045188 ACC West Virginia License LLC KNKN839 (lead)[^1]

**Part 101 - Fixed Microwave Service**

The applications listed above also seek consent to the transfer of
control to ACC Acquisition LLC of the Part 101 fixed microwave service
licenses and authorizations in which ACC holds an interest.

[File No.]{.underline} [Licensee]{.underline} [Lead Call
Sign]{.underline}

0000045161 ACC Minnesota License LLC WLT944

0000045185 ACC New York License I LLC WLR 256

0000045181 ACC New York License II LLC WLA311

0000045187 ACC New York License III LLC WLK733

0000045183 ACC Wausau License LLC WLS816

0000045172 ACC Wisconsin License LLC WPNG600

0000045189 ACC Ohio License LLC WMM856

0000045190 ACC Pennsylvania License LLC WML533

0000045165 ACC Kentucky License LLC WHA752

0000045182 ACC Tennessee License LLC WMK710

0000045188 ACC West Virginia License LLC WMW334

Part 24 - Personal Communications Service

The following applications for consent to the transfer of control to ACC
Acquisition LLC of the Part 24 personal communications service licenses
and authorizations in which ACC holds an interest have been assigned the
file numbers below.

**[File No.]{.underline} [Licensee]{.underline} [Call
Signs]{.underline}**

0000045184 PCPCS Corporation KNLH351

KNLH352

KNLF997

ACC and Transferee have requested that grant of the applications listed
above include authority for Transferee, upon consummation of the
transaction described herein, to control any (i) authorization(s) issued
to ACC's affiliates and subsidiaries in connection with its associated
cellular, point-to-point microwave, and PCS licenses, prior to the
consummation of the proposed transfer, (ii) construction permits held by
ACC's affiliates and subsidiaries which mature into licenses after
consummation and which may have been omitted from this application; and
(iii) application(s) and/or notifications of minor modifications filed
by ACC's affiliates and subsidiaries, in connection with its associated
cellular licenses, and pending at the time of consummation. Such action
would be consistent with prior decisions of the Commission.

**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 will not be taken on these applications earlier than 31
days following the date of this Public Notice. *See* 47 U.S.C. § 309(b).
Interested parties may file comments or petitions to deny no later than
**December 16, 1999**. Oppositions to such pleadings may be filed no
later than **December 23, 1999**. All filings concerning matters
referenced in this Public Notice should refer to **DA 99-2542,** as well
as the specific file numbers of the individual applications or other
matters to which the filings pertain.

Pursuant to 47 C.F.R. § 1.1200(a), which permits the Commission to 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 47
C.F.R. 1.1206.

An original and four copies of all comments, petitions to deny,
oppositions and replies must be filed with the Commission's Secretary,
Magalie Roman Salas, 445 12th Street, S.W., TW-B204, Washington, D.C.
20554, in accordance with Section 1.51(c) of the Commission's rules, 47
C.F.R. § 1.51(c). **In addition, one copy of each pleading must be
delivered to each of the following locations:** (1) the Commission's
duplicating contractor, International Transcription Services, Inc.
("ITS"), 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554;
(2) Office of Public Affairs, Reference Division, 445 12th Street, S.W.,
Room CY-A257, Washington, D.C. 20554; (3) Lauren Kravetz, Policy and
Rules Branch, Commercial Wireless Division, Wireless Telecommunications
Bureau, 445 12th Street, S.W., Room 4-A163, Washington, D.C. 20554, and
(4) Ramona Melson, Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, 445 12th Street, S.W., Room 4-C237,
Washington, D.C. 20554.

Copies of the applications and any subsequently filed documents in this
matter may be obtained from ITS. The applications and documents are also
available for public inspection and copying during normal reference room
hours at the following Commission office: Office of Public Affairs,
Reference Operations Division, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554. In addition, the applications listed herein are
available electronically through the Wireless Telecommunications
Bureau's Universal Licensing System, which may be accessed on the
Commission's Internet website.

For further information, contact Lauren Kravetz or Elizabeth Williams,
Wireless Telecommunications Bureau, Commercial Wireless Division, at
(202) 418-7240 (Parts 22 and 24), or Ramona Melson, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
at (202) 418-0680 (Part 101).

**- FCC -**

[^1]: On behalf of each of its subsidiary licensees, ACC notified the
    Commission in January 1999 of the consummation of *pro forma*
    assignments of all of its licensed cellular radiotelephone system
    licenses and associated microwave facilities, pursuant to Sections
    22.137(a) and 101.53(a) of the Rules. [See]{.underline} File Nos.
    0000006761, 0000006769-0000006771, 0000006773,
    0000006775-0000006777, 0000006779, 0000006783-0000006787,
    0000007414-0000007419, and 0000010605. A review of the Commission's
    database indicates that a file number has not yet been assigned to
    the consummation notification for Station KNKN941 for the West
    Virginia 3 -- Monongalia RSA.