[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Notices]
[Page 52913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25140]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 95-2017]
Limited Waiver of Deadline for Completion of Cellular Divestiture
for PCS Providers
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Chief, Wireless Telecommunications Bureau released this
Order granting a request for a limited waiver of the Commission's Rules
regarding deadline for completion of cellular divestiture for PCS
providers filed by WirelessCo, L.P., PhillieCo, L.P., and Sprint
Corporation (``Petitioners''), file number CWD-95-7. As a result of
this order, Petitioners have an extension of the post-auction
divestiture time period for one year, until September 21, 1996, to
divest Sprint's prohibited cellular interests and come into compliance
with the PCS/cellular cross-ownership rule. This waiver is conditioned
upon the Petitioners demonstrating that the activities of Sprint
Cellular and Sprint Telecommunications Venture will be separated
completely during the waiver period to prevent anticompetitive
practices. A certified plan demonstrating this separation must be
submitted to the Wireless Telecommunications Bureau's Commercial
Wireless Division within sixty (60) days of the publication of this
Order in the Federal Register.
DATES: December 11, 1995.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT:
Lisa Warner, (202) 418-0620, Wireless Telecommunications Bureau,
Commercial Wireless Division.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's Order, in
Re Request of WirelessCo, L.P., PhillieCo, L.P., and Sprint Corporation
for limited waiver of Section 24.204 of the Commission's Rules, File
No. CWD-95-7, adopted September 21, 1995, and released September 21,
1995. The complete text of this Order is available for inspection and
copying during normal business hours in the Legal Branch, Room 7130,
2025 M Street, N.W., Washington, D.C.
Synopsis of Order
1. This Order resolves the July 26, 1995, request by WirelessCo,
L.P., PhillieCo, L.P., and Sprint Corporation for a limited waiver of
the deadline for completion of cellular divestiture for PCS providers
set forth in Section 24.204 of the Commission's rules, 47 C.F.R.
Sec. 24.204.
2. Section 24.204 prohibits entities with an attributable ownership
interest in a cellular licensee (20 percent or more) from obtaining a
30 MHz broadband PCS license if the populations of the system's
geographic service area and PCS license areas overlap significantly.
3. As a result of its PCS activities, Spring Telecommunications
Venture (a new subsidiary of Sprint and a partner in WirelessCo and in
PhillieCo) have a ``significant overlap'') in several markets which
requires divestiture of Sprint's cellular interests. The Commission's
rules requires divestiture within ninety (90) days of the final license
grant, or in this instance on or before September 21, 1995. Petitioners
request a extension until September 21, 1996, to complete all actions
pertaining to the divestiture including obtaining a letter ruling from
the Internal Revenue Service.
4. The Commission granted Petitioners a limited waiver in
accordance with Section 24.819(a)(1)(i) of the Commission's rules. 47
CFR 24.819(a)(1)(i). The Commission stated that the underlying purpose
of the rule would not be served in this instance by its strict
application to Petitioners. In addition, The Commission found that
grant of the waiver would be in the public interest because a spin-off
of the entire Sprint Cellular company to its shareholders is far more
pro-competitive than the more limited divestiture required by Section
24.204 of the Commission's rules.
Grant of the waiver is conditioned upon Petitioners submitting a
certified plan demonstrating complete separation between Sprint
Cellular and Sprint Telecommunications Venture during the waiver
period.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-25140 Filed 10-10-95; 8:45 am]
BILLING CODE 6712-01-M
