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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov 
 ftp.  fcc.  gov 
 DA  02-  162 
 Released:  January  17,  2002 


 COMMON  CARRIER  BUREAU  ISSUES  REMINDER  TO  PROVIDERS  OF  DOMESTIC 
 TELECOMMUNICATIONS  SERVICES  TO  REQUEST  AUTHORIZATION  UNDER  SECTION 
 214  PRIOR  TO  ENGAGING  IN  A  TRANSFER  OF  CORPORATE  CONTROL 


 CC  Docket  No.  01-  150 
 On  July  20,  2001,  the  Commission  released  a  Declaratory  Ruling  and  Notice  of  Proposed  Rule 
 Making  that  clarified  --  and  proposed  further  streamlining  of  --  rules  governing  requests  for  authorization 
 pursuant  to  section  214  of  the  Communications  Act  of  1934,  as  amended,  to  transfer  domestic  interstate 
 transmission  lines  through  an  acquisition  of  corporate  control.  1  The  Commission  clarified  in  the 
 Declaratory  Ruling  that  any  party,  including  a  non-  dominant  carrier,  that  “would  be  a  domestic  interstate 
 communications  common  carrier,”  either  before  or  after  a  proposed  transaction,  must  obtain  Commission 
 approval  prior  to  consummating  a  transaction  involving  an  acquisition  of  corporate  control.  2 


 The  Bureau  is  issuing  this  public  notice  to  remind  carriers  of  their  obligations.  Several  carriers 
 have  recently  attempted  to  file  nunc  pro  tunc  3  applications,  indicating  that  they  have  already  engaged  in 
 transfers  of  corporate  control.  Such  applications  are  not  acceptable  for  filing.  In  addition,  concurrent  with 
 release  of  the  Commission’s  Declaratory  Ruling  and  Notice  of  Proposed  Rule  Making  in  July,  the  Bureau 
 released  a  public  notice  describing  the  appropriate  content  of  applications.  4  Carriers  are  hereby  reminded 
 that  Commission  authorization  is  required  prior  to  engaging  in  any  transaction  that  results  in  a  change  in 
 ultimate  control  of  a  corporation  providing  domestic  interstate  telecommunications  services,  and  that 
 applications  for  authorization  that  do  not  comport  with  the  Bureau’s  July  20  th  public  notice  may  not  be 
 acceptable  for  filing. 


 For  further  information,  contact  Tracey  Wilson  (202)  418-  1394  or  Bill  Dever  (202)  418-  1578, 
 Policy  &  Program  Planning  Division. 


 1  Implementation  of  Further  Streamlining  Measures  for  Domestic  Section  214  Authorizations,  CC  Docket 
 No.  01-  150,  Declaratory  Ruling  and  Notice  of  Proposed  Rule  Making,  16  FCC  Rcd  14109  (2001)  (“  Streamlining 
 NPRM”). 


 2  Streamlining  NPRM,  16  FCC  Rcd  at  14110  (quoting  47  C.  F.  R.  §  63.01). 


 3  The  term  nunc  pro  tunc,  meaning  “now  for  then,”  refers  to  acts  allowed  to  be  done  after  the  time  when 
 they  should  be  done,  with  a  retroactive  effect.  See  BLACK’S  LAW  DICTIONARY  1069  (6  th  ed.  1990). 
 4  Common  Carrier  Bureau  Announces  Procedures  for  Applicants  Requiring  Section  214  Authorization  for 


 Acquisitions  of  Corporate  Control,  Public  Notice,  16  FCC  Rcd  13862  (2001). 
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