[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Rules and Regulations]
[Pages 4344-4345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1286]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter 1

[FCC 08-243; WT Docket No. 00-230]


Promoting Efficient Use of Spectrum Through Elimination of 
Barriers to the Development of Secondary Markets

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In the Second Order on Reconsideration, the Commission denies 
a petition for reconsideration or, in the alternative, clarification 
filed by T-Mobile USA, Inc. with respect to the Commission's Secondary 
Markets Second Report and Order (Second R&O) in this proceeding.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Spectrum and Competition Policy Division: Paul D'Ari at (202) 418-1550.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration, WT Docket No. 00-230, adopted on October 9, 
2008 and released on October 17, 2008. The full text of this document 
is available on the Internet at the Commission's Web site: http://hraunfoss.fcc.gov/edocs_public. It is also available for inspection 
and copying from 8 a.m. to 4:30 p.m. ET Monday through Thursday or from 
8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. You may purchase the Second Order on Reconsideration from the 
Commission's duplicating contractor, Best Copy & Printing, Inc. (BCPI), 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI 
at its Web site: http://www.BCPIWEB.com. When ordering documents from 
BCPI, please provide the appropriate FCC document number, for example, 
FCC 08-243.

Summary of the Second Order on Reconsideration

    1. The Second Order on Reconsideration denies a Petition for 
Reconsideration or, in the Alternative, Clarification (Petition) filed 
by T-Mobile USA, Inc. (T-Mobile). In the Second R&O, the Commission 
took several steps to facilitate the development of secondary markets 
in spectrum usage rights involving Wireless Radio Services. Among other 
things, the Commission established immediate approval procedures for 
spectrum leasing arrangements and license assignments and transfers of 
control where the potential lessee or assignee/transferee could certify 
either (1) that it does not have more than 25 percent indirect foreign 
ownership, or (2) that it has previously obtained a declaratory ruling 
from the Commission establishing that the proposed transaction falls 
within the scope of that declaratory ruling, including with respect to 
type of service and geographic coverage area, and that there has been 
no change in foreign ownership in the

[[Page 4345]]

meantime. The Commission determined that transactions raising specified 
potential public interest concerns, including certain transactions 
raising potential foreign ownership concerns associated with section 
310(b)(4) of the Communications Act, would not be among those eligible 
for processing under the immediate approval procedures and would remain 
subject to the certification and declaratory ruling requirements in the 
existing streamlined processing procedures. However, the Commission 
also announced a policy of entertaining section 310(b)(4)-related 
petitions that could enable carriers with indirect foreign ownership 
interests to avail themselves of speedier processing of spectrum 
leasing arrangements and license assignments under certain 
circumstances.
    2. In the Petition, T-Mobile asked the Commission not to strictly 
construe the new section 310(b)(4) policy and to revise or clarify it 
to eliminate the need for a new declaratory ruling under certain 
circumstances, including, among others, when foreign ownership of the 
ultimate controlling entity would remain unchanged and the licenses 
that are the subject of the proposed transaction would be utilized in 
the current business of the applicant and its affiliates.
    3. The Commission affirmed the policy adopted in the Second R&O and 
denied T-Mobile's Petition. The Commission determined that it had 
struck an appropriate balance in the Second R&O between promoting 
secondary markets and ensuring adequate review of proposed transactions 
by the Commission and the Executive Branch. The Commission also found 
that the revised criteria proposed by T-Mobile were not sufficiently 
precise to allow the Commission to dispense with the requirement for a 
new declaratory ruling for purposes of its section 310(b)(4) review.
    4. Accordingly, it is ordered that pursuant to sections 1, 4(i), 
301, 303(r), and 310 of the Communications Act, as amended, 47 U.S.C. 
151, 154(i), 301, 303(r), and 310, the Petition is hereby denied.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-1286 Filed 1-23-09; 8:45 am]
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