1 UNITED STATES DEPARTMENT OF JUSTICE 

2 JOSEPH H. HUNT 

3 Assistant Attorney General 

4 RUTH A. HARVEY 

5 Director 

6 KIRK MANHARDT 

7 Deputy Director 

8 MATTHEW J. TROY (GABN 717258) 

9 Senior Trial Counsel 

10 P.O. Box 875 

11 Ben Franklin Station 

12 Washington, DC 20044-0875 

13 Telephone: (202) 514-9038 

14 E-mail: matthew.troy@usdoj.gov

15

16 DAVID L. ANDERSON (CABN 149604) 

17 United States Attorney 

18 ROBIN M. WALL (CABN 235690) 

19 Assistant United States Attorney

20

21 Attorneys for the United States of America

22

23 UNITED STATES BANKRUPTCY COURT

24 NORTHERN DISTRICT OF CALIFORNIA

25 SAN FRANCISCO DIVISION

26

27 In re ) Case Nos. 19-30088 DM (Lead Case)

28 ) 19-30089 DM

29 PG&E CORPORATION and )

30 PACIFIC GAS AND ELECTRIC ) Chapter 11 

31 ) Jointly Administered

32 Debtors. )

33 ______________________________ ) NOTICE OF DEBTORS’

34 ☐ Affects PG&E Corporation ) OBLIGATIONS PURSUANT TO

35 ☐ Affects Pacific Gas and Electric ) LICENSES, AUTHORIZATIONS,

36 Company ) AND ANTENNAE REGULATED

37 ☒ Affects both Debtors ) BY THE UNITED STATES

38 ) FEDERAL COMMUNICATIONS

39 All papers shall be filed in the Lead ) COMMISSION

Case: 19-30088 Doc# 1638 Filed: 04/24/19 Entered: 04/24/19 07:11:25 Page 1 of

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1 Case, No. 19-30088 DM. )

2 ______________________________ )

3

4 The United States of America, on behalf of the Federal Communications

5 Commission (“FCC”), hereby provides notice as follows:

6 1. On January 29, 2019, the above captioned debtors (collectively, 

7 “Debtors” or “Regulated Entities,” and singly, a “Regulated Entity”) filed voluntary 

8 petitions for relief under chapter 11 of Title 11 of the Bankruptcy Code in the United 

9 States Bankruptcy Court for the Northern District of California. The Debtors’ 

10 bankruptcy cases are jointly administered. Debtors continue to operate their 

11 businesses and manage their properties as debtors in possession pursuant to sections 

12 1107(a) and 1108 of the Bankruptcy Code. No examiner or trustee has been 

13 appointed in these cases. 

14 2. The Debtors hold wireless licenses issued and regulated by the FCC 

15 (collectively, “Licenses” or singly “License”) or own antennae structures 

16 (collectively, the “Antennae”) registered with the FCC. The FCC regulates the 

17 Licenses and the Antennae. 

18 3. Although in bankruptcy, each Regulated Entity remains responsible for 

19 complying with FCC regulations applicable to it, including regulatory requirements 

20 for operation and transfer of a License. 

21 4. Specifically, and without limitation, the FCC’s regulations at 47 C.F.R. 

22 §§73.3540, 73.3541 and 1.948, and 310(d) of the Communications Act of 1934, as 

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1 amended (47 U.S.C. §310(d)), require i) a Regulated Entity that holds a License to 

2 obtain FCC approval for a proposed transfer or assignment of that License or a 

3 proposed transfer of control of itself and ii) a Regulated Licensee in control of an 

4 FCC licensee to obtain FCC approval of a proposed transfer of control of the 

5 Regulated Entity, whether such transfer is voluntary or involuntary, whether such 

6 transfer is direct or indirect and irrespective of whether the Regulated Entity 

7 possesses any other FCC license or authorization. Furthermore, pursuant to 47 

8 C.F.R. § 1.948(c)(2), upon the involuntary transfer of control of a Regulated Entity, 

9 including a transfer of control to a debtor-in-possession or trustee, a Regulated Entity 

10 must file an application for involuntary transfer or assignment with the FCC no later 

11 than thirty (30) days following the occurrence of such transfer.

12 5. Therefore, the FCC hereby provides notice that it is the responsibility 

13 of each Regulated Entity to ascertain the FCC regulations applicable to it and to 

14 comply with all such FCC rules and regulations, including those pertaining to the 

15 transfer of FCC Licenses and those pertaining to transfers of control of an FCC 

16 licensee. 

17 6. The FCC respectfully requests that any order issued by the Bankruptcy 

18 Court regarding the sale, transfer or assignment of any the Licenses held by a 

19 Regulated Entity include the following language:

20 Notwithstanding any other provision of this Order or any 

21 other Order of this Court, no sale, transfer or assignment 

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1 of any rights and interests of the Regulated Entity in any 

2 federal license or authorization issued by the Federal 

3 Communications Commission (“FCC”) shall take place 

4 prior to the issuance of FCC regulatory approval for such 

5 sale, transfer or assignment pursuant to the 

6 Communications Act of 1934, as amended, and the rules 

7 and regulations promulgated thereunder. The FCC’s 

8 rights and powers to take any action pursuant to its 

9 regulatory authority, including, but not limited to, 

10 imposing any regulatory conditions on such sales, 

11 transfers and assignments and setting any regulatory fines 

12 or forfeitures, are fully preserved, and nothing herein shall 

13 proscribe or constrain the FCC’s exercise of such power 

14 or authority to the extent provided by law. 

15

16 7. If, pursuant to a plan of reorganization, a Regulated Entity that holds a 

17 License seeks to transfer its License or seeks to transfer control of itself or an FCC 

18 licensee that it controls, the FCC respectfully requests that any proposed 

19 confirmation order include the following language:

20 No provision in the Plan or this Order relieves any 

21 Regulated Entity or reorganized Regulated Entity from its 

22 obligation to comply with the Communications Act of 

23 1934, as amended, and the rules, regulations and orders 

24 promulgated thereunder by the Federal Communications 

25 Commission (“FCC”). No transfer or assignment of any 

26 FCC license or authorization held by a Regulated Entity or 

27 transfer of control of a Regulated Entity, or transfer of 

28 control of a FCC licensee controlled by a Regulated Entity 

29 shall take place prior to the issuance of FCC regulatory 

30 approval for such transfer pursuant to applicable FCC 

31 regulations. The FCC’s rights and powers to take any 

32 action pursuant to its regulatory authority including, but 

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1 not limited to, imposing any regulatory conditions on any 

2 of the above described transfers, are fully preserved, and 

3 nothing herein shall proscribe or constrain the FCC’s 

4 exercise of such power or authority.

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6 Date: April 24, 2019 Respectfully submitted,

7

8 /s/ Matthew J. Troy

9 MATTHEW J. TROY

10 Senior Trial Counsel

11 Attorney for United States

12

13 CERTIFICATE OF SERVICE

14 I hereby certify that on April 24, 2019, I electronically filed the foregoing NOTICE 

15 with the Clerk of the Court by using the CM/ECF system, which will send a notice

16 of electronic filing to all CM/ECF participants.

17

18 /s/ Matthew J. Troy

19 Matthew J. Troy

20 Senior Trial Counsel

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