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PUBLIC INTEREST STATEMENT

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Posted August 26, 2010

 

DESCRIPTION OF TRANSACTION AND

PUBLIC INTEREST STATEMENT

 

            Triad 700, LLC ("Triad") and Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless," and together with Triad, the "Applicants") seek Federal Communications Commission (the "FCC" or "Commission") consent to the assignment of the 700 MHz C block license WQJU651 (REAG007 - Alaska) (the "License") from Triad to Verizon Wireless.  There are no related international Section 214 or other wireless authorizations involved in the proposed transaction, and there are no customer transition issues related to this application. 

 

            There is no FCC filing fee associated with this application.  The assignment fully complies with all Commission rules, and does not require any waivers.  The License was obtained through competitive bidding procedures during the preceding three years, and the Applicants certify that the License was acquired in Auction No. 73.  Accordingly, under 47 C.F.R § 1.2111(a), a copy of the purchase agreement is included with this application as Exhibit 2, subject to a request for confidential treatment under 47 C.F.R. § 0.459.  Verizon Wireless will pay on behalf of Triad the applicable unjust enrichment as determined by the FCC.

 

Verizon Wireless is a general partnership, which is ultimately owned and controlled by Verizon Communications Inc. and Vodafone Group Plc. ("Vodafone").  Additional information as to Verizon Wireless's ownership is provided in its Form 602, which is on file with the Commission.[1]  Vodafone's interest in the partnership, and its qualifications as a foreign corporation to hold indirect ownership interests in common carrier licenses have been previously authorized by the FCC under Section 310(b)(4) of the Communications Act.[2]  Neither Vodafone nor any of its foreign subsidiaries hold any direct ownership interests in any common carrier license.  No changes have occurred in Verizon Wireless's foreign ownership.  Accordingly, the Commission should find that no new foreign ownership issues are raised by this filing and therefore extend the previous Section 310(b)(4) authorization to the License being assigned pursuant to this application.

 

Triad is an FCC-approved "very small business" designated entity ("DE") in accordance with rules governing the auction of 700 MHz spectrum in FCC Auction No. 73.[3]  Triad also is a licensee in good standing with the Commission.[4]  In evaluating transfer of control applications under Section 310(d), the Commission does not re-evaluate the qualifications of the transferor "unless issues relating to its basic qualifications have been designated for hearing by the Commission or have been sufficiently raised in petitions to warrant the designation of a hearing."[5]  Triad's qualifications have not been subject to any challenges.  Thus, there is no question that Triad possesses the qualifications necessary to hold and to assign the License.  As noted above, Verizon Wireless is a licensee in good standing and its qualifications to hold Commission licenses are a matter of public record.  Therefore, there is no question that Verizon Wireless possesses the qualifications needed hold the License.

 

Grant of this application will serve the public interest.  The transaction will allow Verizon Wireless, which currently holds no spectrum in Alaska, to provide voice, broadband data and other wireless products and services in a new service area.  Because Verizon Wireless holds no spectrum in Alaska, no competitive concerns are implicated with respect to the proposed assignment.  Triad has not yet begun to provide service over the spectrum that is the subject of this application, and therefore no customers are jeopardized or will lose service as a result of this transaction.  Moreover, the proposed transaction will increase competition in Alaska by allowing Verizon Wireless to enter Alaska markets as a new wireless competitor.

For the foregoing reasons, grant of this Application will comply fully with all Commission rules, will be consistent with the Commission's actions in other proceedings, and will serve the public interest, convenience and necessity.

 

           

 

[1] See also Exhibit 3.

[2]  See In re Applications of Vodafone AirTouch Plc and Bell Atlantic Corporation, For Consent to the Transfer of Control or Assignment of License and Authorizations, Memorandum Opinion and Order, DA 00-721 at ¶ 19 (Intl. and Wir. Tel. Burs., rel. Mar. 30, 2000); FCC Public Notice, "International Authorizations Granted," Report No. TEL-00174, DA No. 99-3033 (IB and WTB, rel. Dec. 30, 1999); In re AirTouch Communications, Inc., Transferor, and Vodafone Group, Plc., Transferee, For Consent to the Transfer of Control of License and Authorizations, Memorandum Opinion and Order, 14 FCC Rcd 9430, ¶ 9 (WTB 1999).

[3] See Public Notice, "Auction of 700 MHz Band Licenses; 214 Bidders Qualified to Participate in Auction 73," DA 08-83 (rel. Jan. 14, 2008).

[4] See, e.g., call sign WQJU653; license authorized in ULS File No. 0003382993.

[5] 47 U.S.C. § 301(d); see also Applications of AT&T Inc. and Centennial Communications Corp, 24 FCC Rcd 13915, ¶ 33 (2009); Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC, 23 FCC Rcd 17444, ¶ 33 (2008).