*Pages 1--4 from Microsoft Word - 19936.doc* 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- 1744 Released: July 18, 2002 DOMESTIC SECTION 214 APPLICATION FOR CONSENT TO ACQUIRE ASSETS OF AMERICAN MICROWAVE & COMMUNICATIONS, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 02- 183 On June 21, 2002, American Microwave & Communications, Inc., (“ American”) and AMCI Acquisition L. P. (“ AMCI”), pursuant to section 214 of the Communications Act of 1934, as amended, 47 U. S. C. § 214 (the “Act”), hereby seek authority for acquisition by AMCI of the assets of American. Applicants assert that this application is subject to streamlined processing under section 63.03( b)( 2)( i) of the Commission’s rules because this transaction will result in AMCI having no market share in the interstate, interexchange market; the transferee will not provide competitive telephone exchange service or exchange access services at all; and neither applicant is dominant with respect to any service. American and AMCI have entered into an asset purchase agreement dated as of May 31, 2002, whereby American will sell all of its assets to AMCI. American is a Michigan corporation with its principal office and place of business at 188 Inverness Drive West, Englewood, Colorado 80112. American operates a point- to- point terrestrial microwave radio system in the State of Michigan which is dedicated exclusively to the delivery of video signals to television stations and cable TV systems. American does not offer telecommunications services to the general public. American is a wholly- owned subsidiary of AT& T Broadband, LLC, which is owned by AT& T Corp. AMCI is a Texas limited partnership. American provides service in the State of Michigan as a miscellaneous common carrier, AMCI proposes to continue the business substantially as conducted presently by American. 1 2 AMCI is a new entrant in the telecommunications industry. It has no other business interests. Its principals are experienced in industry- related enterprises such as the ownership and management of tower structures that serve as antenna support structures for telecommunications companies. Because the transaction proposes the acquisition of assets by AMCI that include authorizations issued by the Commission for operation of American’s point- to- point microwave radio facilities, there is a pending application for Commission consent to assignment of such authorizations. 1 That application includes two additional licenses issued in the Industrial Business Radio Service and the Local Television Transmission Service. AMCI is acquiring assets from another AT& T Broadband, LLC subsidiary, TCI Microwave, Inc., for which a separate section 214 application is concurrently filed. Applicants assert that approval of this application will promote the public interest by allowing the business developed and operated by American for many years to be carried on by a new entrant in the telecommunications industry. Applicants state that AMCI brings industry-related experience to the task, and under the ownership, direction and management of the AMCI management team, AMCI is committed to the continued provision of high- quality, communications services to American’s customers. GENERAL INFORMATION The transfer of control application identified herein has been found, upon initial review, to be acceptable for filing as a streamlined application. The Commission reserves the right to return any transfer of control application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies. Interested parties may file comments within 14 days and reply comments within 21 days of this notice. 2 Unless otherwise notified by the Commission, an applicant is permitted to transfer control of the domestic lines or authorization to operate on the 31 st day after the date of this notice. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, 1 See Wireless Telecommunications Bureau Assignment of Authorization and Transfer of Control Applications Accepted for Filing, Public Notice, Report No. 1215 at 17 (WTB rel. June 26, 2002) (File No. 0000929394). 2 See 47 C. F. R. section 63.03( a). 2 3 commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e-mail to ecfs@ fcc. gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. In addition, one copy of each pleading must be sent to each of the following: (1) the Commission’s duplicating contractor, Qualex International, 445 12 th Street, S. W., Room CY- B402, Washington, D. C. 20554; e- mail: qualexint@ aol. com; facsimile: (202) 863- 2898; phone: (202) 863- 2893. (2) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau, 445 12 th Street, S. W., Room 5- C437, Washington, D. C. 20554; e- mail: twilson@ fcc. gov, and (3) Bill Dever, Competition Policy Division, Wireline Competition Bureau, 445 12 th Street, S. W., Room 5- C266, Washington, D. C. 20554; e- mail: wdever@ fcc. gov; and (4) Jeff Tobias, Commercial Wireless Division, Wireless Telecommunications Bureau, 445 12 th Street, S. W., Room 2- 828, Washington, D. C. 20554; email: jtobias@ fcc. gov, and (5) Nandan Joshi, Office of General Counsel, 445 12 th Street, S. W., Room 8- A820, Washington, D. C. 20554; e- mail: njoshi@ fcc. gov. 3 4 Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY- A257, Washington, DC, 20554. They may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. com. For further information, please contact Tracey Wilson, at (202) 418- 1394 or Bill Dever, Competition Policy, Wireline Competition Bureau at (202) 418- 1578. - FCC - 4