[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Pages 51327-51328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18855]


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DEPARTMENT OF JUSTICE

Antitrust Division


Proposed Modification of Final Judgment

    Notice is hereby given that Defendants, SBC Communications Inc. 
(``SBC'') and BellSouth Corporation (``BellSouth''), and Plaintiff, 
United States, have filed a joint motion to modify the Final Judgment 
in United States v. SBC Communications Inc. and BellSouth Corporation, 
Civil No. 1:00CV02073, with the United States District Court for the 
District of Columbia, and that the Department of Justice, in a 
stipulation also filed with the Court, has tentatively consented to 
modification of the Final Judgment if certain conditions are met, and 
has reserved the right to withdraw its consent pending receipt of 
public comments.
    On August 30, 2000, the United States filed a complaint in this 
case alleging that the proposed joint venture between SBC and 
BellSouth, to form Cingular Wireless LLC (``Cingular''), would 
substantially lessen competition in wireless mobile telephone service 
in

[[Page 51328]]

certain areas in California, Indiana, and Louisiana. On December 29, 
2000, a Final Judgment was entered with the consent of the Defendants 
which required them to make certain divestitures of licenses and assets 
in relevant markets for mobile wireless telecommunications services in 
California, Indiana, and Louisiana. The Final Judgment bars the 
defendants from reacquiring any of the divested spectrum licenses for 
the term of the decree, which expires December 29, 2010. On February 
17, 2004, Cingular announced an agreement to acquire AT&T Wireless 
Services Inc. (``AT&T Wireless'', which purchased the divested licenses 
in California and Indiana. Due to changes in competitive conditions in 
the affected geographic areas, the United States believes that the 
Final Judgment's prohibition on reacquiring these spectrum licenses is 
no longer necessary to preserve competition in these affected areas. 
The modification would allow the defendants to reacquire the divested 
spectrum licenses in the Los Angeles MSA and in the Indianapolis MTA. 
Reacquisition of the divested spectrum licenses in 5 BTAs within the 
Indianapolis MTA is conditioned upon Cingular not acquiring control of 
or an interest in certain other spectrum licenses in those BTAs as part 
of its acquisition of AT&T Wireless.
    The Department has filed with the Court a memorandum setting forth 
the reasons why the United States believes that modification of the 
Final Judgment would serve the public interest. Copies of the joint 
motion papers, the stipulation containing the United States's tentative 
consent, the United States's memorandum, and all further papers filed 
with the Court in connection with this motion will be available for 
inspection at the Antitrust Documents Group, Antitrust Division, 
Liberty Place Building, Room 215, 325 7th Street, NW., Washington, DC 
20530 (202-514-2481), and at the Office of the Clerk of the United 
States District Court for the District of Columbia. Copies of these 
materials may be obtained from the Antitrust Division upon request and 
payment of the copying fee set by Department of Justice regulations.
    Interested persons may submit comments regarding the proposed 
modification of the Final Judgment to the United States. Such comments 
must be received by the Antitrust Division within thirty (30) days and 
will be filed with the Court by the United States. Comments should be 
addressed to Nancy Goodman, Chief, Telecommunications & Media 
Enforcement Section, Antitrust Division, U.S. Department of Justice, 
City Center Building, 1401 H Street, NW., Suite 8000, Washington, DC 
20530 (202-514-5621).

J. Robert Kramer II,
Director of Operations, Antitrust Division.
[FR Doc. 04-18855 Filed 8-17-04; 8:45 am]
BILLING CODE 4410-11-M