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

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 03-1781**

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

**Released: May 23, 2003**

**ALASKA NATIVE WIRELESS, L.L.C., COUNCIL TREE ALASKA NATIVE WIRELESS,
L.L.C., AND ANW MANAGEMENT SERVICES, LLC SEEK FCC CONSENT TO TRANSFER
CONTROL OF LICENSES**

**WT Dkt. No. 03-127**

**PLEADING CYCLE ESTABLISHED**

**Petitions/Comments Due: June 23, 2003**

**Oppositions Due: July 3, 2003**

**Replies Due: July 14, 2003**

I.  **THE TRANSACTION**

Alaska Native Wireless, L.L.C. ("Alaska Native Wireless"), Council Tree
Alaska Native Wireless ("Council Tree"), and ANW Management Services,
LLC ("ANW Management") have filed applications ("Applications") pursuant
to Section 310(d) of the Communications Act of 1934, as amended (the
"Act"),[^1] seeking Commission approval of the transfer of control and
*pro forma* assignment of fifteen Personal Communications Services
("PCS") licenses ("Licenses") currently held by Alaska Native
Wireless.[^2] Post-transaction, the Licenses will be held by AN
Subsidiary, L.L.C. ("AN Subsidiary"), a wholly-owned subsidiary of
Alaska Native Wireless, and ultimately controlled by ANW Management.

II. **PARTIES**

Alaska Native Wireless currently is majority-owned and controlled by
Council Tree, which holds 60.1 percent of the member interests, and is
the controlling interest holder and sole manager of Alaska Native
Wireless. The other members of Alaska Native Wireless are AT&T Wireless
PCS Interests, LLC ("AT&T Wireless") and ANW Management, which hold 38.2
percent and 1.7 percent of the member interests, respectively.[^3]
Additionally, Alaska Native Wireless has a Management Agreement with
Edge Wireless Ventures, LLC ("Edge Ventures").

Post-transaction, the Licenses will be held by AN Subsidiary,
wholly-owned by Alaska Native Wireless. The parties state that Alaska
Native Wireless will have three members: ANW Management, Council Tree,
and AT&T Wireless. ANW Management will have a 1.7 percent equity
interest and be the managing member of Alaska Native Wireless. Council
Tree and AT&T Wireless will have a 60.1 percent and 38.2 percent
non-voting equity interest in Alaska Native Wireless, respectively.

The parties state that, pursuant to the Fourth Amended and Restated
Limited Liability Agreement of Alaska Native Wireless, LLC, which will
be entered into upon consummation of this transaction, ANW Management
will be the controlling interest holder of Alaska Native Wireless and AN
Subsidiary. ANW Management, a limited liability company formed under the
laws of the state of Oregon, has three members: Don Adams ("Adams"),
Darla Pomeroy ("Pomeroy"), and Edge Ventures. Adams and Pomeroy each
hold 50 percent of the voting interests, and Edge Ventures, which is
ultimately controlled by Wayne Perry, holds no voting interests in ANW
Management. Further details regarding the ownership structure of ANW
Management can be found in the Applications and in ANW Management's
Ownership Disclosure Form (Form 602). Additionally, the parties state
that Alaska Native Wireless' Management Agreement with Edge Ventures
will be terminated upon consummation of this transaction.

III. **APPLICATIONS**

***Pro Forma* Assignment of Licenses to AN Subsidiary**

The following application for consent to assign Part 24 PCS licenses on
a *pro forma* basis has been assigned the file number below:

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

  0001254613            Alaska Native Wireless, L.L.C.        WPUI366
  -------------------------------------------------------------------------------

**Transfer of Control of Licenses from Council Tree to ANW Management**

The following application for consent to transfer control of Part 24 PCS
licenses has been assigned the file number below:

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

  0001184495[^4]        Alaska Native Wireless, L.L.C.        WPUI366
  -------------------------------------------------------------------------------

IV. **DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES**

Alaska Native Wireless and Council Tree state that this transaction will
include the assignment and transfer of control of C and F Block PCS
licenses to AN Subsidiary and ANW Management. The Commission's rules
state that "\[n\]o assignment or transfer of control of a license for
frequency Block C or frequency Block F won in closed bidding pursuant to
the eligibility requirements of § 24.709 will be granted," except when,
among other instances, "\[t\]he proposed assignee or transferee meets
the eligibility criteria set forth in § 24.709 for this part at the time
the application for assignment or transfer of control is filed. . .
."[^5] ANW Management and AN Subsidiary state that they are qualified to
hold Alaska Native Wireless' closed bidding licenses and are eligible
for very small business bidding credits.[^6]

V.  **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 31
days following the date of this Public Notice.[^7] Interested parties
may file petitions to deny or comments no later than **June 23, 2003**.
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. Persons and entities that
file comments will have those comments considered but do not become
parties to the proceeding and may not be able to participate as fully as
petitioners. Oppositions to comments or petitions to deny may be filed
no later than **July 3, 2003**. Replies to oppositions may be filed no
later than **July 14, 2003**. All filings concerning matters referenced
in this Public Notice should refer to **DA** **03-1781** and **WT Docket
No. 03-127**, as well as the specific file numbers of the individual
applications or other matters to which the filings pertain.

**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.**

Under the Commission's current procedures for the submission of filings
and other documents,[^8] submission in this matter may be filed
electronically (*i.e.*, by the Commission's Electronic Comment Filing
System (ECFS)) or by hand delivery to the Commission's Massachusetts
Avenue location.

-   **If filed by ECFS**,[^9] comments shall be sent as an electronic
    file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
    Generally, only one copy of an electronic submission must be filed.
    If multiple docket or rulemaking numbers appear in the caption of
    this proceeding, however, commenters must transmit one electronic
    copy of the comments to each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, commenters
    should include their full name, Postal Service mailing address, and
    the applicable docket or rulemaking 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.

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-   **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, Vistronix, 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, SW, 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, Qualex
International, at qualexint@aol.com or (202) 863-2898 (facsimile); (2)
Lauren Kravetz Patrich, Commercial Wireless Division, Wireless
Telecommunications Bureau, at lkravetz@fcc.gov, or (202) 418-7447
(facsimile); (3) Erin McGrath, Commercial Wireless Division, Wireless
Telecommunications Bureau, at emcgrath@fcc.gov or (202) 418-7447
(facsimile).

Copies of the applications and any subsequently-filed documents will be
available electronically on the Commission's Electronic Comment Filing
System ("ECFS") under WT Docket No. 03-127.

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

**-FCC-**

[^1]: 47 U.S.C. § 310(d).

[^2]: Additionally, Alaska Native Wireless has filed a petition for a
    declaratory ruling that the indirect foreign ownership of Alaska
    Native Wireless, which would exceed twenty-five percent as a result
    of the proposed transfer of control, is consistent with the public
    interest pursuant to section 310(b)(4) of the Act. This petition was
    placed on public notice on April 18, 2003 by the International
    Bureau.

[^3]: Edge Wireless Ventures, LLC held the 1.7 percent member interest
    in Alaska Native Wireless until March 25, 2003, when it transferred
    this interest to ANW Management.

[^4]: File No. 0001184495 has been designated as the lead application in
    this transaction, 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.

[^5]: 47 C.F.R. § 24.839(a), (a)(2).

[^6]: *See* 47 C.F.R. §§ 1.2110(f)(2)(ii), 24.712(b), 24.717(b),
    24.720(b)(2).

[^7]: *See* 47 U.S.C. § 309(b).

[^8]: *See* *In the Matter of Implementation of Interim Electronic
    Filing Procedures for Certain Commission Filings,* Order, FCC 01-345
    (rel. Nov. 29, 2001); *see also* FCC Announces a New Filing Location
    for Paper Documents and a New Fax Number for General Correspondence,
    *Public Notice,* DA 01-2919 (rel. Dec. 14, 2001).

[^9]: *See* Electronic Filing of Documents in Rulemaking Proceedings, 63
    Fed. Reg. 24,121 (1998).