[Federal Register: August 18, 2004 (Volume 69, Number 159)]
[Notices]
[Page 51327-51328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au04-85]
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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