Subject: [NEXTEL-1] FCC SEEKS COMMENT ON APPLICATIONS TO ASSIGN WIRELESS LICENSES FROM WORLDCOM TO NEXTEL SPECTRUM ACQUISITION

From: [email-masked]
Date: Thu, 25 Sep 2003 15:30:18 -0400

DA 03-2948
September 25, 2003
COMMISSION SEEKS COMMENT ON APPLICATIONS TO ASSIGN WIRELESS LICENSES FROM
WORLDCOM, INC. (DEBTOR-IN-POSSESSION) TO
NEXTEL SPECTRUM ACQUISITION CORP.
Pleading Cycle Established
WT Docket No. 03-203
Petitions/Comments Due:  October 27, 2003
Oppositions/Replies Due:  November 11, 2003

 On August 15, 2003, subsidiaries of WorldCom, Inc.
(debtor-in-possession)(collectively, “WorldCom D-I-P”) and Nextel Spectrum
Acquisition Corp. (“Nextel” and together with WorldCom D-I-P, the “Applicants”)
filed applications  pursuant to Section 310(d) of the Communications Act of 1934,
as amended,  seeking Commission approval of the proposed assignment of Federal
Communications Commission (“Commission”) licenses from WorldCom D-I-P to Nextel.

 In 2002, WorldCom, Inc. and substantially all of its active U.S. subsidiaries
filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy
Code.   The company filed the requisite applications for the involuntary
assignment of all of its licenses, including the subject licenses, to itself as
debtor-in-possession, and those applications have been granted.   On June 13,
2003, WorldCom D-I-P filed applications seeking Commission approval for the
assignment or transfer of control of the licenses and authorizations to MCI, Inc.
to consummate the transaction proposed in its Plan of Reorganization before the
Bankruptcy Court.  The Commission established a pleading cycle for comment on
those still-pending applications in WC Docket No. 02-215.

 On June 26 and 27, 2003, and pursuant to Bankruptcy Court approval, WorldCom
D-I-P conducted an auction to sell certain wireless assets to the party submitting
the highest and best offer.   WorldCom D-I-P would also convey to the winning
bidder its interest in the underlying licenses, subject to Commission approval of
the required assignment applications.  Nextel, a wholly-owned subsidiary of Nextel
Communications, Inc., submitted the highest and best offer.   On July 8, 2003,
WorldCom D-I-P and Nextel entered into an Asset Purchase Agreement for the sale of
the assets to Nextel for $144 million in cash and non-cash consideration.   On
July 22, 2003, the Bankruptcy Court approved the Asset Purchase Agreement, as
modified in certain respects.   The instant assignment applications seek
Commission approval to consummate the transaction described in the Bankruptcy
Court-approved Asset Purchase Agreement.

 The Applicants assert that grant of the instant applications would comply fully
with the Commission’s Rules and would serve the public interest by enhancing
Nextel’s ability to offer new digital wireless services to the public.   According
to the Applicants, Nextel’s expertise in developing and providing innovative
wireless services in previously underutilized spectrum will be applied to the
MDS/MMDS spectrum and the other spectrum it would acquire under the terms of the
proposed transaction, furthering the Commission’s goals of maximizing efficient
use of the spectrum resource and promoting competition.   The Applicants further
state that the proposed assignments would not have anticompetitive effects because
WorldCom D-I-P and

Nextel compete in different product markets.
 The applications covered by this Public Notice are as follows:
Parts 21 and 74 – MDS/MMDS/ITFS
File No.   Licensee     Lead Call Sign
20030818AAC  WorldCom Broadband Solutions, Inc.  B036
20030826AAA   CS Wireless Systems, Inc.   B028
Part 27 – WCS
File No.   Licensee     Lead Call Sign
0001398518   WorldCom Broadband Solutions, Inc. KNLB205

Part 87 – CARS

File No.   Licensee     Lead Call Sign
CAR-20030902AA-08 Wireless Video Enterprises, Inc.  WLY-681
CAR-20030903AA-08 WorldCom Broadband Solutions, Inc. WLY-457
CAR-20030903AB-08 WorldCom Broadband Solutions, Inc. WLY-458
CAR-20030903AC-08 WorldCom Broadband Solutions, Inc. WLY-459
CAR-20030903AD-08 WorldCom Broadband Solutions, Inc. WLY-485
CAR-20030903AE-08 WorldCom Broadband Solutions, Inc. WLY-545
CAR-20030903AF-08 WorldCom Broadband Solutions, Inc. WLY-546
CAR-20030903AG-08 WorldCom Broadband Solutions, Inc. WLY-560
CAR-20030903AH-08 WorldCom Broadband Solutions, Inc. WLY-561
CAR-20030903AI-08  WorldCom Broadband Solutions, Inc. WLY-569
CAR-20030903AJ-08  WorldCom Broadband Solutions, Inc. WLY-570
CAR-20030903AK-08 WorldCom Broadband Solutions, Inc. WLY-576
CAR-20030903AL-08 WorldCom Broadband Solutions, Inc. WLY-577
CAR-20030903AM-08 WorldCom Broadband Solutions, Inc. WLY-712
CAR-20030903AN-08 WorldCom Broadband Solutions, Inc. WLY-721
Part 90 – PLMR
File No.   Licensee     Call Sign
0001394749   WorldCom Broadband Solutions, Inc. WPIZ584
Part 101 – Fixed Microwave
File No.   Licensee     Lead Call Sign
0001397470   WorldCom Broadband Solutions, Inc. WLA870

 The assignment applications identified herein have been found, upon initial
review, to be acceptable for filing.  The Commission reserves the right to return
any of the applications if, upon further examination, it is determined to be
defective and not in conformance with the Commission’s rules and policies.  Final
action will not be taken on the applications earlier than thirty-one days
following the date of this Public Notice.

 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. § 1.1206.
 All filings concerning any or all matters in this Public Notice should refer to
WT Docket No. 03-203.  Pursuant to Sections 1.415 and 1.419 of the Commission’s
Rules, 47 C.F.R.

§§ 1.415, 1.419, interested parties may file petitions to deny or comments on or
before October 27, 2003 and oppositions or reply comments on or before November
11, 2003.  Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS) or by filing paper copies.  See Electronic Filing of Documents in
Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998).

 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.
 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.  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
that caption.  In completing the transmittal screen, commenters should include
their full name, U.S. 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 [email-masked], and should include the following words in the subject line
“get form <your e-mail address>.”  A sample form and directions will be sent.

 The Commission’s contractor, Vistronix, Inc., will receive hand-delivered or
messenger-delivered paper filings, as well as filings on electronic media, 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, S.W., Washington, D.C. 20554.  The Commission advises that filings on
electronic media should not be sent through the United States Postal Service.  All
filings must be addressed to the Commission’s Secretary, Office of the Secretary,
Federal Communications

Commission.
 In addition, one copy of each pleading must be sent to each of the following:

(1) The Commission’s duplicating contractor, Qualex International, 445 12th
Street, S.W., Room CY-B402, Washington, D.C. 20554; e-mail:  [email-masked];
facsimile: (202) 863-2898; phone:  (202) 863-2893

(2) Jeffrey Tobias, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, 445 12th Street, S.W., Room 2-C828, Washington, D.C.
20554; e-mail:  [email-masked].

(3) Erin McGrath, Commercial Wireless Division, Wireless Telecommunications
Bureau, 445 12th Street, S.W., Washington, D.C. 20554; e-mail:
[email-masked].

(4) Wayne McKee, Engineering Division, Media Bureau, 445 12th Street, S.W., Room
4-C737, Washington, D.C. 20554; e-mail:  [email-masked].

(5) Ann Bushmiller, Transaction Team, Office of General Counsel, 445 12th Street,
S.W., Room 8-A831, Washington, D.C. 20554; e-mail:  [email-masked].

Copies of the applications and any subsequently-filed documents in this matter may
be obtained from Qualex International, in person at 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, via telephone at (202) 863-2893, via facsimile at
(202) 863-2898, or via e-mail at [email-masked].  The applications and any
associated documents are also available for public inspection and copying during
normal reference room hours at the following Commission office:  FCC Reference
Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554.
The applications are also available electronically through the Commission’s
Electronic Comment Filing System (ECFS), which may be accessed on the Commission’s
Internet website at http://www.fcc.gov.

 For further information, contact Jeffrey Tobias, Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau, at (202) 418-1617 (re
applications to assign MDS/MMDS/ITFS, PLMR, and Fixed Microwave licenses); Erin
McGrath, Commercial Wireless Division, Wireless Telecommunications Bureau, at
(202) 418-2042 (re applications to assign WCS licenses); or Wayne McKee,
Engineering Division, Media Bureau, at (202) 418-2355 (re applications to assign
CARS licenses).
-FCC-

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2948A1.doc
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