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

FEDERAL COMMUNICATIONS COMMISSION

445 12^th^ Street, S.W., TW-A325

[WASHINGTON, DC 20554 DA 00-1634]{.underline}

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

> Released: July 21, 2000

**PRIMECO PCS, LP AND JOSEPH J. SIMONS, ESQ., AS TRUSTEE ON BEHALF OF
AT&T CORPORATION SEEK FCC CONSENT FOR TRANSFER OF CONTROL OF HOUSTON
MTA, L.P.'S WIRELESS LICENSE**

**PLEADING CYCLE ESTABLISHED**

**Petitions/Comments: August 21, 2000**

**Replies/Oppositions: August 28, 2000**

PrimeCo PCS, LP ("PrimeCo") and Joseph J. Simons, as Trustee on behalf
of AT&T Corporation ("Trustee"), have filed an application pursuant to
Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C.
§ 310(d), seeking Commission approval of the transfer of control of
Houston MTA, L.P. ("Houston MTA") to the Trustee.[^1] The parties state
that PrimeCo is controlled by Bell Atlantic Corporation, d/b/a Verizon
Communications ("Bell Atlantic"), and that this transaction accomplishes
a divestiture in the Houston market as required by the Commission's
Order granting the applications for Bell Atlantic to acquire control of
the licenses and lines of GTE Corporation ("GTE")[^2] and by the Consent
Decree among GTE, Bell Atlantic, Vodafone AirTouch Plc and the
Department of Justice ("DOJ").[^3] The parties state further that this
application does not include the Victoria and Lake Charles BTAs included
within the Houston MTA, that Bell Atlantic intends to retain control
over these two BTAs, and that they have obtained DOJ approval to retain
these two BTAs.

**[Request for Waiver of Spectrum Aggregation Limit]{.underline}**

The parties state that, pursuant to the Consent Decree, DOJ has approved
AT&T to purchase Houston MTA, but such approval is conditioned on AT&T
placing its interest in trust pending AT&T's disposition of overlapping
licenses in the Houston MTA. Because the license held in this trust will
be attributable to AT&T for purposes of the Commission's spectrum
aggregation limit,[^4] the Trustee requests a temporary waiver, until
January 27, 2001, of the spectrum aggregation limit.

The following application has been filed for consent to transfer control
of the Personal Communications Services license listed below and has
been assigned the file number indicated.[^5]

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SECTION 310 APPLICATION

Licensee Holding Authorization in the Part 24 Personal Communications
Services

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  [File                 [Licensee]{.underline}                     [Call
  Number]{.underline}                                              Sign]{.underline}
  --------------------- ------------------------------------------ -------------------
                                                                   

  0000188217            Houston MTA, L.P.                          WPQL238

                                                                   

                                                                   

                                                                   

                                                                   

                                                                   
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Final action on this application will not be taken 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
**August 21, 2000**. Replies to such pleadings may be filed no later
than **August 28, 2000**. All filings concerning matters referenced in
this Public Notice should refer to DA 00-1634, as well as the specific
file number of the individual application or other matters to which the
filings pertain.

**GENERAL INFORMATION**

The transfer of control application referenced herein has 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.

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. **Pursuant to the requirements of 47 C.F.R. § 1.927(i), *ex
parte* notifications filed by the applicants must be served on all
parties to the proceeding.**

**All documents filed in this proceeding should indicate in the caption
that this matter is before the Wireless Telecommunications Bureau,
Commercial Wireless Division, Policy and Rules Branch.**

An original and four copies of all pleadings must be filed with the
Commission's Secretary, Magalie Roman Salas, 445 Twelfth Street, S.W.,
TW-A325, 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 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554; (2) Office of Media Relations, Reference
Operations Division, 445 12^th^ Street, S.W., Room CY-A257, Washington,
D.C. 20554; (3) Lauren Kravetz, Commercial Wireless Division, Wireless
Telecommunications Bureau, 445 12th Street, S.W., Room 4-A163,
Washington, D.C. 20554; and (4) Michael Samsock, Commercial Wireless
Division, Wireless Telecommunications Bureau, 445 12^th^ Street, S.W.,
Room 4-A131, Washington, DC 20554.

Copies of the application and any subsequently filed documents in this
matter may be obtained from ITS. The application and documents are also
available for public inspection and copying during normal reference room
hours at the following Commission office: Office of Media Relations,
Reference Operations Division, 445 12^th^ Street, S.W., Room CY-A257,
Washington, D.C. 20554. In addition, the application is available
electronically through the Wireless Telecommunications Bureau's
Universal Licensing System, which may be accessed on the Commission's
Internet web site at http://www.fcc.gov.

For further information, contact Lauren Kravetz or Michael Samsock,
Commercial Wireless Division, Wireless Telecommunications Bureau, at
(202) 418-7240.

**-FCC-**

[^1]: On June 26, 2000, the Commercial Wireless Division of the Wireless
    Telecommunications Bureau granted an application to transfer control
    of Houston MTA and its associated PCS license to a divestiture trust
    to be administered by Joseph J. Simons, Esq., as Trustee on behalf
    of Bell Atlantic and Vodafone AirTouch Plc. *See* Order, DA 00-1414
    (CWD, rel. June 26, 2000). The transfer to the divestiture trust has
    not yet been consummated.

[^2]: *See In re Application of GTE Corporation and Bell Atlantic
    Corporation for Consent to Transfer of Control,* Memorandum Opinion
    and Order, CC Dkt. 98-184, FCC 00-221 (rel. June 16, 2000).

[^3]: *See* Final Judgment, *U.S. v. Bell Atlantic Corp*., Civ. No.
    1:99CV01119 (LFO) (D.D.C. Apr. 18, 2000).

[^4]: 47 C.F.R. § 20.6.

[^5]: The parties have informed the Commission that they will also file
    an application to assign the international 214 authority of Houston
    MTA to the Trustee. That application will be processed separately by
    the International Bureau.