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

FEDERAL COMMUNICATIONS COMMISSION News media information 202/418-0500

445 12th St., SW Fax-On-Demand 202/418-2830

WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov

**DA 02-552**

**FCC File Nos.**

**ISP-PDR-20011128-00054**

**ITC-T/C-20011221-00649**

#  Released: March 6, 2002

**INTERNATIONAL BUREAU GRANTS CONSENT TO TRANSFER CONTROL OF SECTION 214
AUTHORIZATIONS FROM ELISKA WIRELESS VENTURES LICENSE SUBSIDIARY I,
L.L.C., ELISKA WIRELESS INVESTORS I, L.P., AND SONERA HOLDING, B.V. TO
POWERTEL, INC., AND DECLARATORY RULING ALLOWING INCREASED INDIRECT
FOREIGN OWNERSHIP**

Pursuant to section 214(a) of the Communications Act of 1934, as
amended,[^1] (the "Act") and section 0.261 of the Commission's
rules,[^2] the International Bureau authorizes the proposed transfer of
control of international section 214 authorizations held by Eliska
Wireless Ventures License Subsidiary I, L.L.C., (Eliska Wireless) from
Eliska Wireless Investors I, L.P. ("Eliska Investors") and Sonera
Holding, B.V. ("Sonera") to Powertel, Inc. ("Powertel") (collectively,
"Applicants"). The Bureau finds, upon consideration of the record, that
the proposed transfer of control will serve the public interest,
convenience, and necessity.[^3] The Bureau also finds, pursuant to
section 310(b)(4) of the Act,[^4] that it would not serve the public
interest to prohibit the proposed indirect foreign ownership of Eliska
Wireless in excess of the statutory 25 percent foreign ownership
benchmark.[^5] The Bureau issues its section 310(b)(4) ruling in
connection with the companion applications to transfer control of common
carrier wireless licenses held by Eliska Wireless from Eliska Investors
and Sonera to Powertel. These applications, filed pursuant to section
310(d) of the Act, are the subject of a public notice grant issued today
by the Wireless Telecommunications Bureau.[^6]

The proposed transfer of equity and voting interests to Powertel would
result in Powertel increasing its current minority investment interest
to 100 percent ownership of Eliska Wireless. In addition, in light of
Deutsche Telekom AG's ("DT") 100 percent indirect ownership of Powertel,
DT's indirect equity interest in the licensee would increase from 49.9
percent to 100 percent, and its indirect voting interest would increase
from 24.95 percent to 100 percent. As of the filing date of the
applications and petition, the German government owned 43 percent of the
equity in DT.[^7] Applicants petition the Commission to issue a
declaratory ruling that the proposed increase in the level of indirect
foreign ownership in Eliska Wireless by DT is consistent with the
Commission's finding in *VoiceStream Wireless Corporation, Powertel,
Inc. and Deutsche Telekom AG seek FCC Consent to Transfer Control of
Licenses and Authorizations and Request Declaratory Ruling Allowing
Indirect Foreign Ownership,* Memorandum Opinion and Order, 16 FCC Rcd
9779 (rel. April 27, 2001)("*VoiceStream-Powertel-DT Order"*), and the
public interest pursuant to Section 310(b)(4) of the Act.

Our grant of the petition for declaratory ruling permits the requested
indirect foreign ownership of Eliska Wireless by DT and its German
shareholders (up to 100 percent), with the exception of the German
government, and the German government through its investment in DT (up
to 43 percent). [^8] Eliska Wireless may accept up to and including an
additional, aggregate 25 percent indirect equity and/or voting interests
from other unnamed non-U.S. investors, including non-German shareholders
of DT, subject to the following conditions. First, no single non-U.S.
individual or entity -- with the exception of DT and the German
government -- may acquire indirect ownership of Eliska Wireless in
excess of 25 percent without Commission approval under Section
310(b)(4). Second, Eliska Wireless shall seek approval under Section
310(b)(4) before it accepts any additional indirect investment by the
German government in excess of the permitted 43 percent.

With respect to the application to transfer control of the international
section 214 authorizations held by Eliska Wireless,[^9] Powertel seeks,
and we here grant, authority for Eliska Wireless to continue to provide
international telecommunications services to all of the countries as to
which Eliska Wireless is currently authorized, [^10] except Uzbekistan
and Macedonia.[^11] Eliska Wireless will continue to be classified as a
dominant U.S. international carrier on the U.S.-Germany, U.S.-Croatia,
U.S.-Hungary, and U.S.-Slovakia routes, and it has agreed to comply with
our dominant carrier requirements, as specified under section 63.10 of
the rules, on these routes. On all other affiliated routes, Eliska
Wireless shall continue to be classified as a non-dominant U.S.
international carrier.

For further information, please contact Imani Ellis-Cheek,
Telecommunications Division, International Bureau, at (202) 418-1028.

[^1]: 47 U.S.C. § 214(a).

[^2]: 47 C.F.R. § 0.261.

[^3]: *See* 47 U.S.C. § 214(a).

[^4]: 47 U.S.C.§ 310(b)(4).

[^5]: *See* Eliska Wireless Ventures License Subsidiary I, L.L.C.,
    Eliska Wireless Investors I, L.P., and Sonera Holding B.V. Seek FCC
    Consent to Transfer Control of Licenses and Section 214
    Authorizations and Request Declaratory Ruling Allowing Increased
    Indirect Foreign Ownership, International Bureau, DA 02-0039,
    *Public Notice*, (rel. January 9, 2002) ("Pleading Cycle
    Established"). No comments or petitions to deny were received in
    response to the Public Notice announcing that the application and
    petition for declaratory ruling had been accepted for filing.

[^6]: *See* Public Notice, DA 02-547 (rel. March 6, 2002). *See also*
    section 1.948(b)(1) of the rules, 47 C.F.R. § 1.948(b)(1).

[^7]: *See* FCC Form 602.

[^8]: ISP-PDR-20011128-00054.

[^9]: ITC-T/C-20011221-00649 (requesting authority to transfer control
    of Eliska Wireless authorizations, File Nos. ITC-214-20000801-00444
    and ITC-214-20000627-00370).

[^10]: Powertel certifies that it is a foreign carrier, or is affiliated
    with a foreign carrier, in the following countries: Austria,
    Belgium, Canada, Croatia, Czech Republic, Macedonia, France,
    Germany, Hong Kong, Hungary, Indonesia, Japan, Netherlands,
    Philippines, Poland, Russia, Singapore, Slovakia, Switzerland, and
    United Kingdom. DT, which holds a 100 percent controlling interest
    in Powertel, is either a foreign carrier itself or a foreign carrier
    affiliate in each of the above referenced countries, except
    Indonesia, the Philippines, Poland and Russia.

[^11]: 16 FCC Rcd 9779, 9833 n. 292 (2001); FCN-NEW-20010622-00032.
    Uzbekistan and Macedonia are WTO Observer Nations.