Not what you're
looking for? Try an advanced search.
U.S. v. SBC COMMUNICATIONS INC.
October 13, 2004.
UNITED STATES OF AMERICA, Plaintiff,
v.
SBC COMMUNICATIONS INC. and BELLSOUTH CORPORATION, Defendants.
The opinion of the court was delivered by: PAUL FRIEDMAN, District Judge
ORDER TO MODIFY FINAL JUDGMENT
The Court having received the joint motion of Defendants, SBC
Communications Inc. and BellSouth Corporation, and Plaintiff,
United States, for modification of the Final Judgment entered in
this case on December 29, 2000, and the United States having
represented to the Court that it has no objection to the motion,
and notice of the motion having been published in the Federal
Register, The Los Angeles Times, The Indianapolis Star, and
RCR Wireless News, and all interested parties having been given
an opportunity to submit comments concerning the proposed
modification of the Final Judgment, and the Court having
considered all papers and comments filed in connection with this
motion and the United States response to those comments, and the
Court finding that it is in the public interest to modify the
Final Judgment, it is ORDERED, ADJUDGED, AND DECREED:
That Sections XI and XIII are hereby modified to read as
follows:
A. Defendants may not reacquire any part of the
spectrum licenses issued by the Federal
Communications Commission ("FCC") and all other
licenses, permits and authorizations divested
pursuant to this Final Judgment in the MSAs and RSAs
listed in Section II.D.I and the following BTAs
within the Indianapolis MTA listed in Section
II.D.II.B: BTA 015 Anderson, IN; BTA 039 Muncie, IN;
BTA 373 Richmond, IN; BTA 442 Terre Haute, IN; and
BTA 457 Vincennes-Washington, IN ("Restricted BTAs"),
provided, however, the divested spectrum licenses in
the Restricted BTAs may be reacquired in connection
with the proposed Cingular/AT&T Wireless Acquisition
if the conditions in Subsection B are met.
B. Defendants may reacquire the divested spectrum in
the Restricted BTAs if they do not also acquire as a
result of the Cingular/AT&T Wireless Acquisition any
interest (equity, financial, or otherwise) in, any
ability to exercise control over, or any right to use
the spectrum covered by the Partnership Licenses in
any of the Restricted BTAs, except as noted below. In
furtherance of this, defendants shall: 1. Provide to plaintiff for its approval, in its sole
discretion, copies of all agreements entered into by
the defendants or AT&T Wireless with the owners of
the Partnership Licenses, including amendments to the
existing agreements between AT&T Wireless and Von
Donop, so that plaintiff will have the opportunity to
review them before this Final Judgment is modified.
No term shall be included in said agreements or
amendments that would in any way limit Von Donop's
ability to make the spectrum covered by the
Partnership Licenses available to other users. The
agreements may be contingent on the closing of the
Cingular/AT&T Wireless Acquisition;
2. Not acquire, directly or indirectly, any rights to
influence or control how the Partnership Licenses are
used, sold or leased, nor shall defendants and AT&T
Wireless have any control over the identity of any
purchasers or lessees, or the price or any other
terms and conditions of sale or lease;
3. Be prohibited from acquiring any managerial,
administrative, financial or legal interest in the
Partnership Licenses or entering into any arrangement
that allows them to use the Partnership Licenses; and
4. Notify plaintiff 30 days before the implementation
of any changes in the relationship between defendants
or AT&T Wireless and Von Donop.
The defendants may retain a limited interest in the proceeds of
any sale or lease of the Partnership Licenses, provided that (1)
such interest influences neither whether the Partnership Licenses
are sold or leased nor the terms on which they are offered and
(2) such interest is capped at the total amount of debt incurred
by Von Donop in acquiring the Partnership Licenses and any tax
consequences to Von Donop from the agreements referenced in
Subsection B.1.
Any breach of these conditions by defendants, while defendants
own, operate, or control any of the reacquired licenses in the
Restricted BTAs shall violate this Final Judgment.
C. For purposes of Section XI, the following definitions will
apply:
1. "AT&T Wireless" means AT&T Wireless Services Inc.,
its successors and assigns, and its subsidiaries,
divisions, groups, affiliates, partnerships and joint
ventures, and their directors, officers, managers,
agents and employees.
2. "Cingular/AT&T Wireless Acquisition" means the
proposed acquisition of AT&T Wireless by
SBC/BellSouth Wireless Joint Venture encompassed in
The Agreement and Plan of Merger dated February 17,
2004. 3. "Partnership Licenses" means the following
spectrum licenses issued by the FCC:
Call Sign Market Channel Block MHz Frequencies
WPOK609 BTA015- C 30 1895.00-1910.00
Anderson, IN 1975.00-1990.00
WPOK648 BTA309- C 30 1895.00-1910.00
Muncie, IN 1975.00-1990.00
WPOK655 BTA373- C 30 1895.00-1910.00
Richmond, IN 1975.00-1990.00
KNLF314 BTA442- Terre C1 15 1902.50-1910.00
Haute, IN 1982.50-1990.00
KNLF305 BTA457- C1 15 1902.50-1910.00
Vincennes- 1982.50-1990.00
Washington, IN
4. "Von Donop" means Von Donop Inlet PCS, LLC, its
owners, partners, successors, and assigns, and its
subsidiaries, divisions, groups, affiliates,
partnerships and joint ventures, and their directors,
officers, managers, agents and employees, including
but not limited to its successors or assigns related
to the Partnership Licenses.
. . .
...