PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 95-1708 ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ News Media Information (202) 418-0500. Recorded listing of releases and texts (202) 418-2222. Augu st 3, 1995 WIRE LESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON WIRE LESSCO, L.P., PHILLIECO, L.P., AND SPRINT CORPORATION'S REQUEST FOR LIMITED WAIVER OF SECTION 24.204 OF THE COMMISSION'S RULES On July 26, 1995, WirelessCo, L.P., PhillieCo, L.P., and Sprint Corporation ("Petitioners") requested, pursuant to Sections 1.3 and 24.819(a) of the Commission's rules, 47 C.F.R.  1.3 and 24.819(a), 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. Petitioners request that the Commission extend its divestiture deadline by one year to September 21, 1996, to allow Sprint to divest fully its cellular holdings through a spin-off of its Sprint Cellular subsidiary. Petitioners request extension of the 90-day divestiture deadline because the proposed spin-off, which requires significant corporate restructuring and a number of government approvals including a letter ruling from the Internal Revenue Service, will take approximately one year to complete. Petitioners seek expedited treatment of this request because the divestiture deadline is currently September 21, 1995. Petitioners contend that grant of the requested waiver is in the public interest on the grounds that: (1) the waiver advances the underlying, pro-competitive purposes of the Commission rules at issue; (2) a spin-off company could compete with incumbent cellular providers and emerging PCS systems more effectively than an entity divested in a piecemeal fashion; and, (3) a waiver will prevent the delay of prompt introduction of PCS. In addition, Petitioners contend that denial of the waiver request would be unduly burdensome to Sprint and its shareholders because it would create unnecessary costs, including subjecting Sprint shareholders to more than a billion dollars in tax liabilities which could be avoided by the proposed tax-free spin-off. Finally, petitioners maintain that grant of the requested waiver is consistent with precedent established by the Commission in granting similar waivers. The Wireless Telecommunications Bureau is reviewing Petitioner's request to determine whether the request meets the criteria set forth in Sections 1.3 and 24.819(a) of the Commission's rules and whether the request is consistent with the Commission's public interest goals. To assist in this determination, the Bureau solicits comments on the waiver request. Comments should be filed on or before August 14, 1995. Comments should be addressed to: Legal Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Room 7130, STOP 2000C2, Federal Communications Commission, Washington, D.C. 20554. Copies of the above-referenced filings may be obtained from the Commission's copy contractor, ITS, Inc., 2100 M Street, N.W., Suite 140, (202) 857-3800. Copies are also available for public inspection in Room 5202, 2025 M Street, N.W., Washington, D.C. 20554. For further information contact Lisa Warner, Legal Branch, Commercial Wireless Division at (202) 418-0620.