-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OxbnkPfalygo/6HbBuMNqjT8D/9TnbkhTxOFxLy0h52fkmuH5/BTj6wPzH5RJJ5W ml7vowfh2uMuvsEKOTfkSQ== 0001086844-03-000008.txt : 20030205 0001086844-03-000008.hdr.sgml : 20030205 20030205164508 ACCESSION NUMBER: 0001086844-03-000008 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030203 ITEM INFORMATION: FILED AS OF DATE: 20030205 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AIRGATE PCS INC /DE/ CENTRAL INDEX KEY: 0001086844 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 582422929 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27455 FILM NUMBER: 03541019 BUSINESS ADDRESS: STREET 1: 233 PEACHTREE ST NE STREET 2: SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30303 BUSINESS PHONE: 4045257272 MAIL ADDRESS: STREET 1: 233 PEACHTREE ST STREET 2: SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30303 8-K 1 form8k020303.txt FORM 8-K DATED FEBRUARY 3, 2003 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 Form 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 3, 2003 AirGate PCS, Inc. (Exact name of registrant as specified in its charter) Delaware 027455 58-2422929 -------- ------ ---------- (State or other (Commission File No.) (I.R.S. Employer Jurisdiction of Identification No.) Incorporation) 233 Peachtree Street, N.E. 30303 Harris Tower, Suite 1700, (Zip Code) Atlanta, Georgia (Address of principal executive offices) Registrant's telephone number, including area code: (404) 525-7272 Not Applicable (Former name or former address, if changed since last report) Item 9. Regulation FD Disclosure. On February 3, 2003, AirGate PCS, Inc., a Delaware corporation (the"Company"), issued a press release announcing it has received a Nasdaq Staff Determination letter indicating that because of the Company's failure to regain compliance with the minimum $1.00 bid price per share, its securities are subject to delisting from the Nasdaq National Market at the opening of business on February 6, 2002, unless it appeals this determination, and that the Company fails to meet certain other listing standards. The Company indicated its intention to file an appeal and request a hearing. A copy of the press release referenced above is attached hereto as Exhibit 99.1. Item 7. Financial Statements and Exhibits. (c) Exhibits. Exhibit No. Description 99.1 Press Release of AirGate PCS, Inc. dated February 3, 2003 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. AIRGATE PCS, INC. Date: February 5, 2003 By: ----------------------------------- William H. Seippel Chief Financial Officer EX-99.1 3 exhibit_8k020303.txt PRESS RELEASE DATED FEBRUARY 3, 2003 Exhibit 99.1 Contact: Will Seippel Chief Financial Officer 404-525-7272 AIRGATE PCS, INC. RECEIVES NASDAQ staff determination letter Company plans to appeal delist notice for continued listing ATLANTA (February 3, 2003) - AirGate PCS, Inc. (NASDAQ/NM: PCSA), a PCS affiliate of Sprint, today announced that it has received a Nasdaq Staff Determination letter dated January 28, 2003, indicating that because of the Company's failure to regain compliance with the minimum $1.00 bid price per share requirement for continued listing contained in Marketplace Rule 4450(a)(5), its securities are subject to delisting from the Nasdaq National Market at the opening of business on February 6, 2003, unless it appeals this determination. Additionally, Nasdaq has determined that the Company does not comply with the minimum $10 million stockholders' equity requirement under Maintenance Standard 1, as set forth in Marketplace Rule 4450(a)(3), or the market value of publicly held shares and minimum bid requirement under Maintenance Standard 2, as set forth in Marketplace Rule 4450(b)(3) and (4), for continued listing on The Nasdaq National Market. The Company intends to file an appeal and request a hearing before a Nasdaq Listing Qualifications Panel to review the Staff Determination. There can be no assurance the Panel will grant the Company's request for continued listing. Until the Panel reaches its decision, AirGate's common stock will remain listed and will continue to trade on the Nasdaq National Market. About AirGate PCS AirGate PCS, Inc., including its unrestricted subsidiary iPCS, is the PCS Affiliate of Sprint with the exclusive right to sell wireless mobility communications network products and services under the Sprint brand in territories within seven states located in the Southeastern and Midwestern United States. The territories include over 14.5 million residents in key markets such as Grand Rapids, Michigan; Charleston, Columbia, and Greenville-Spartanburg, South Carolina; Augusta and Savannah, Georgia; Champaign-Urbana and Springfield, Illinois; and the Quad Cities areas of Illinois and Iowa. AirGate PCS is among the largest PCS Affiliates of Sprint. About Sprint Sprint operates the nation's largest all-digital, all-PCS wireless network, already serving more than 4,000 cities and communities across the country. Sprint has licensed PCS coverage of more than 280 million people in all 50 states, Puerto Rico and the U.S. Virgin Islands. In August 2002, Sprint became the first wireless carrier in the country to launch next generation services nationwide delivering faster speeds and advanced applications on Vision-enabled phones and devices. For more information on products and services, visit www.sprint.com/mr. Sprint PCS is a wholly-owned tracking stock of Sprint Corporation trading on the NYSE under the symbol "PCS." Sprint is a global communications company with approximately 75,000 employees worldwide and $26 billion in annual revenues and is widely recognized for developing, engineering and deploying state-of-the art network technologies -END- -----END PRIVACY-ENHANCED MESSAGE-----