[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