![](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 00-2397]{.underline}

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

**Released: October 24, 2000**

**VOICESTREAM WIRELESS CORPORATION**

**AND COOK INLET REGION, INC. SEEK FCC CONSENT**

**FOR TRANSFER OF CONTROL OF LICENSES AND AUTHORIZATIONS**

**WT Docket No. 00-207**

**Comments/Petitions due: November 24, 2000**

## **Replies/Oppositions due: December 1, 2000**

Cook Inlet Region, Inc. ("Cook"), an Alaska Regional Corporation
organized under the Alaska Native Claims Settlement Act, 47 U.S.C. §§
1601 *et seq*., and VoiceStream Wireless Corporation ("VoiceStream"), a
Delaware corporation, have filed applications under sections 214 and
310(d) of the Communications Act of 1934, as amended (the "Act"), 47
U.S.C. §§ 214, 310(d), and the Department of Defense Appropriations Act
of 2001, Public Law No. 106-259,[^1] seeking Commission consent to a
transfer of control of licenses from Cook to VoiceStream.[^2] Section
8149 amends section 1621 of Public Law 92-204 (43 U.S.C. § 1621), the
Alaska Native Claims Settlement Act, as amended, by inserting the
following new subsection (m):

> An Alaska Native regional corporation organized pursuant to the Alaska
> Native Claims Settlement Act, or an affiliate thereof, that holds a
> Federal Communications Commission license in the personal
> communications service as of the date of enactment of this section and
> has either paid for such license in full or has complied with the
> payment schedules for such license shall be permitted to transfer or
> assign without penalty such license to any transferee or assignee. No
> economic penalties shall apply to any transfer or assignment
> authorized under this section. Any amounts owed to the United States
> for the initial grant of such licenses shall become immediately due
> and payable upon the consummation of any such transfer or assignment.
> Any application for such a transfer or assignment shall be deemed
> granted if not denied by the Commission within 90 days of the date on
> which it was initially filed. Any provision of law or regulation to
> the contrary is hereby amended.

These applications are being filed in connection with a transaction
pursuant to which Cook will exchange certain membership and partnership
interests of its wholly owned subsidiaries Cook Inlet GSM, Inc.
("CIGSM") and Cook Inlet Telecommunications, Inc. ("CITI") in four
entities that own, directly or indirectly, twelve Commission licensee
entities for VoiceStream common stock or cash.[^3] Interested parties
are invited to comment both on the applications to transfer control and
on the application of 43 U.S.C. § 1621 to the transfer of control
applications.

**SECTION 310(b)(4) DECLARATORY RULING**

Pursuant to section 310(b)(4) of the Act, 47 U.S.C. § 310(b)(4), twelve
Cook Entities have filed for a declaratory ruling to allow the indirect
foreign ownership of the Cook entities in excess of the 25-percent
statutory benchmark.[^4] Upon the consummation of the Cook-VoiceStream
transaction, all of VoiceStream's current foreign ownership will be
fully attributable to the Cook Entities. The foreign ownership interests
in VoiceStream are primarily held by four entities.[^5] These entities
include: Hutchison Telecommunications PCS (USA) Limited ("HTPCSL"), a
British Virgin Islands corporation and a wholly owned subsidiary of
Hutchison Whampoa Limited ("Hutchison"), a Hong Kong limited liability
holding company (20.56% equity and 13.59% voting); Deutsche Telekom AG
("DT"), a German corporation (11.49% equity and 1.79% voting)[^6];
Telephone and Data Systems ("TDS"), a Delaware corporation, a portion of
which is owned by foreign investors, resulting in an indirect foreign
ownership interest attributable to VoiceStream (1.57% equity and 1.14%
voting); and Sonera Limited ("Sonera"), a Finnish corporation (6.98%
equity and 8.69% voting).[^7]

The petition for a declaratory ruling under section 310(b)(4) of the Act
has been assigned File No. ISP-PDR-20001020-00033.

**SECTION 310 APPLICATIONS**

**Part 24 - Personal Communications Service**

The following applications for consent to transfer control from Cook to
VoiceStream have been assigned the following file numbers.

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

  0000216961           Cook Inlet/VoiceStream PCS, LLC[^8]      WPOJ732

  0000217007           Cook Inlet/VS GSM II PCS, LLC[^9]        KNLF945

  0000217008           Cook Inlet/VS GSM III PCS, LLC[^10]      WPOJ782

  50022CWTC00          Cook Inlet/VoiceStream License Company,  WPOJ737
                       LLC                                      

  50021CWTC00          Omnipoint Atlantic City License, LLC     KNLF710

  50020CWTC00          Omnipoint Dover License, LLC             KNLF712

  50019CWTC00          Omnipoint Philadelphia License, LLC      KNLF715

  50016CWTC00          CIVS PA I, LLC                           WPOJ294

  50018CWTC00          CIVS PA III, LLC                         KNLF719

  50015CWTC00          D&E/Omnipoint Joint Venture, L.P.[^11]   KNLF911

  50017CWTC00          Omnipoint Philadelphia-E. Lancaster E    KNLF983
                       License, LLC                             

  0000217006           Cook Inlet/VoiceStream PV/SS PCS,        KNLF474
                       L.P.[^12]                                
  -------------------- ---------------------------------------- ---------------------

**Part 27 - Wireless Communications Service**

The following application for consent to transfer control from Cook to
VoiceStream has been assigned the following file number.

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

  0000217007           Cook Inlet/VS GSM II PCS, LLC            KNLB208
  -------------------- ---------------------------------------- ---------------------

**SECTION 214 APPLICATION (INTERNATIONAL)**

The following application for consent to transfer control from Cook to
VoiceStream has been assigned the following file number:

  --------------------------------------------------------------------------------
  **[Authorized                   **[File                 **[Original File
  Carrier]{.underline}**          No.]{.underline}**      No.]{.underline}**
  ------------------------------- ----------------------- ------------------------
                                                          

  D&E/Omnipoint Wireless Joint    ITC-T/C-2000101300604   ITC-214-19980807-00546
  Venture, L.P.                                           
  --------------------------------------------------------------------------------

This international Section 214 authorization is also the subject of a
pending, streamlined application to transfer control from VoiceStream
Wireless Corporation to CIVS PA II, LLC.[^13] It is also the subject of
a pending, non-streamlined application to transfer control from
VoiceStream Wireless Corporation to Deutsche Telekom.[^14]

**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 on these applications 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
**November 24, 2000**. Replies or oppositions to such pleadings may be
filed no later than **December 1, 2000**. All filings concerning matters
referenced in this Public Notice should refer **to WT Docket No. 00-207
and DA 00-2397**, 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. § 1.1200.

An original and four copies of all pleadings must be filed with the
Commission's Secretary, Magalie Roman Salas, 445 12^th^ 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; (4) John Branscome, Commercial Wireless
Division, Wireless Telecommunications Bureau, 445 12th Street, S.W.,
Room 4-A234, Washington, D.C. 20554; (5) Claudia Fox, Telecommunications
Division, International Bureau, 445 12th Street, S.W., Room 6-A848,
Washington, D.C. 20554; and (6) Justin Connor, Telecommunications
Division, International Bureau, 445 12th Street, S.W., Room 6-A832,
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 Media Relations,
Reference Operations Division, 445 12^th^ Street, S.W., Room CY-A257,
Washington, D.C. 20554. In addition, applications filed under Parts 24
and 27 of the Commission's rules are available electronically through
the Wireless Telecommunications Bureau's Universal Licensing System,
which may be accessed on the Commission's Internet web site at Internet:
\<http://www.fcc.gov\>. Furthermore, all of the applications are
available to the public through ECFS under the docket number of this
proceeding, WT Docket No. 00-207.

Instead of filing paper comments, parties may file comments using the
Commission's Electronic Comment Filing System ("ECFS"). *See* Electronic
Filing of Documents in Rulemaking Proceedings, 63 *Fed. Reg*. 24,121
(1998). Comments filed through the ECFS can 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. 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.

For further information, contact Lauren Kravetz or John Branscome,
Commercial Wireless Division, Wireless Telecommunications Bureau, at
(202) 418-7240 (Parts 24 and 27); or Claudia Fox or Justin Connor,
Telecommunications Division, International Bureau, at (202) 418-1460
(international 214, section 310(b)(4)).

**- FCC -**

[^1]: *See* Public Law No. 106-259, 114 Stat 656, section 8149.

[^2]: Cook filed applications for the transfer of control of its
    wireless licenses on September 14, 2000. On September 25, 2000,
    Commission staff contacted the parties to request additional
    information needed to complete the applications. On September 28,
    2000, at the request of the parties, Commission staff met with the
    parties to discuss the applications. On October 13, 2000, the
    parties filed: (1) amendments to the wireless applications; (2)
    applications associated with the transfer of control of Cook's
    international 214 authorization; and (3) a petition for declaratory
    ruling under section 310(b)(4) of the Act. On October 19, 2000, the
    parties amended their petition for declaratory ruling under section
    310(b)(4) of the Act.

[^3]: Applications are on file to transfer control of the licenses and
    authorizations of VoiceStream to Deutsche Telekom AG ("DT"). *See*
    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, Public Notice, IB Docket No. 00-187, DA 00-2251
    (rel. Oct. 11, 2000). Therefore, control of the instant licenses
    proposed to be transferred from Cook to VoiceStream ultimately may
    be passed to DT. Parties wishing to comment on the ultimate transfer
    of control of these licenses to DT should comment in IB Docket No.
    00-187. Comments are due in that proceeding on November 13, 2000.

[^4]: *See* *Cook Inlet/VoiceStream PCS, LLC; Cook Inlet/VoiceStream
    License, LLC; Cook Inlet/VS GSM II PCS, LLC; Omnipoint Atlantic City
    License, LLC; Omnipoint Dover License, LLC; Omnipoint Philadelphia
    License, LLC; Cook Inlet/VS GSM III PCS, LLC; CIVS PA I LLC; CIVS PA
    III, LLC; D&E/Omnipoint Joint Venture, L.P.; Omnipoint
    Philadelphia-E Lancaster E License, LLC; and Cook Inlet/VoiceStream
    PV/SS PCS L.P.*, Petition for Determination of the Public Interest
    Under Section 310(b)(4) of the Communications Act of 1934, As
    Amended, File No. ISP-PDR-20001029-00033 (filed Oct. 20, 2000).

[^5]: VoiceStream also has a small, fluctuating component to its foreign
    ownership held through publicly traded shares.

[^6]: As of the filing date of this petition, the German government owns
    58.2 percent of the equity in DT.

[^7]: As of the filing date of this petition, the Finnish government
    owns 53.3 percent of the equity of Sonera.

[^8]: A *pro forma* application to assign 10 MHz of disaggregated
    spectrum of WPOJ734 from Cook Inlet/VoiceStream PCS, LLC to Cook
    Inlet Region of Georgia, Inc. filed July 24, 2000 remains pending.
    (FCC File No. 0000192932). In addition, a *pro forma* application to
    assign 10 MHz of disaggregated spectrum of WPOJ742 from Cook
    Inlet/VoiceStream PCS, LLC to Cook Inlet Region of Georgia, Inc.
    filed July 24, 2000 remains pending. (FCC File No. 0000192493).

[^9]: A *pro forma* application to assign KNLF719 from Cook Inlet/VS GSM
    II PCS, LLC to CIVS PA III, LLC was filed May 10, 2000. (FCC File
    No. 0000126722).

[^10]: A *pro forma* application to assign 20 MHz of disaggregated
    spectrum of WPOJ799 from Cook Inlet/VS GSM III PCS, LLC to Cook
    Inlet Region of Georgia, Inc. filed July 24, 2000 remains pending.
    (FCC File No. 0000192927).

[^11]: Applications transferring control in D&E/Omnipoint Wireless Joint
    Venture, L.P., and its wholly owned subsidiary, Omnipoint
    Philadelphia-Lancaster E License, LLC, to CIVS PA II, LLC were
    granted on September 29, 2000. *See* Public Notice, WTB Report No.
    660 (rel. May 17, 2000)(FCC File No. 0000126703 and 0000126706).

[^12]: A *pro forma* application to assign KNLG708 from Cook
    Inlet/VoiceStream PV/SS PCS, L.P. to Cook Inlet Region of Georgia,
    Inc. filed July 24, 2000 remains pending. (FCC File No. 0000192930).

[^13]: *See* *Cook Inlet Region, Inc., Transferor and VoiceStream
    Wireless Corporation, Transferee*, Application to Transfer Control
    of International Section 214 Authorization, File No.
    ITC-T/C-2001013-00605 (filed Oct. 13, 2000).

[^14]: *See* 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, Public Notice, IB Docket No. 00-187, DA 00-2251
    (rel. Oct. 11, 2000) at 9. Therefore, control of this international
    Section 214 authorization ultimately may be passed to DT. Parties
    wishing to comment on the ultimate transfer of control of these
    licenses to DT should comment in IB Docket No. 00-187. Comments are
    due in that proceeding on November 13, 2000.