RegAlert2008-02-26
Added · Updated
SEC Division of Corporation Finance no-action letter: SunCom Wireless Holdings, Inc.
SunCom Wireless Holdings, Inc. requests that the SEC Staff confirm it will not recommend enforcement action if SunCom suspends its reporting obligations under Sections 13(a) and 15(d) of the Securities Exchange Act of 1934 by filing a Form 15 prior to the due date of its Form 10-K for the fiscal year ended December 31, 2007. This relief is sought because SunCom became a wholly-owned subsidiary of T-Mobile USA, Inc. following a merger, resulting in its common stock being held by a single shareholder and no longer publicly traded. The request addresses an exception under Rule 12h-3(c) that normally prevents suspension of reporting duties when certain registration statements are effective or updated, arguing that the public policy rationale for periodic reporting is irrelevant in this context.
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Securities Exchange Act of 1934, Sections 12(h) and 15(d) Securities Exchange Act of 1934, Rule 12h-3
Via Email and Facsimile
Division of Corporation Finance
Office of Chief Counsel
100 F Street, N.E.
Washington, DC 20549
Re: SunCom Wireless Holdings, Inc. (Commission File No. 1-15325)
Ladies and Gentlemen:
On behalf of SunCom Wireless Holdings, Inc., a Delaware corporation (“SunCom”), we write to request that the staff (the “Staff”) of the Division of Corporation Finance of the Securities and Exchange Commission (the “Commission”) confirm that it will not recommend enforcement action to the Commission if, under the circumstances described in this letter, SunCom does not file its annual report on Form 10-K for its fiscal year ended December 31, 2007, or subsequent reports under Sections 13(a) and 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Alternatively, we request an exemption pursuant to Section 12(h) of the Exchange Act from the requirement to file the foregoing reports.
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