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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  03-  3940  Released:  December  11,  2003 
 WIRELINE  COMPETITION  BUREAU  GRANTS  CONSENT  FOR  ACQUISITION  OF  ASSETS  OF  TOUCH  AMERICA,  INC.  BY  360  NETWORKS  (USA)  INC. 
 WC  Docket  No.  03-  227 
 Pursuant  to  section  214  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  214,  and  sections  0.91,  0.291,  and  63.03  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91,  0.291, 


 and  63.03,  the  Wireline  Competition  Bureau  (Bureau)  approves  the  application  of  360networks  (USA)  inc.  to  acquire  certain  private  line  and  dedicated  Internet  business  service  assets  of  Touch 
 America,  Inc.  (Debtor-  in-  Possession)  (Touch  America).  1 
 Only  one  commenter,  Northrop  Grumman,  2  opposed  grant  of  the  application.  3  Northrop  Grumman  contends  that  without  provision  for  the  continued  uninterrupted  operations  of  Touch 
 America’s  ATM  and  Frame  Relay  services,  the  proposed  transaction  will  place  critical  services  for  the  United  States  Government  in  jeopardy.  In  response  to  Northrop  Grumman’s  comments, 
 Touch  America  notes  that  this  application  does  not  involve  its  ATM/  Frame  Relay  services.  Nonetheless,  Touch  America  added  that  it  will  continue  to  provide  these  services  until  qualified 
 carriers  are  authorized  to  provide  service  to  all  existing  customers.  4  We  note  that  on  December  8,  2003,  Touch  America  filed  an  application  for  discontinuance  of  its  ATM  and  Frame  Relay 
 services,  pursuant  to  section  63.71  of  the  Commission’s  rules,  47  C.  F.  R.  §  63.71.  5  We  defer  our 
 1  See  Domestic  Section  214  Application  Filed  for  Acquisition  of  Assets  of  Touch  America,  Inc.  by 
 360networks  (USA)  Inc.,  WC  Docket  No.  03-  227,  Public  Notice,  DA  03-  3547  (rel.  Nov.  4,  2003);  see  also  Amendment  to  Joint  Application,  WC  Docket  No.  03-  227  (filed  Nov.  21,  2003). 


 2  Northrop  Grumman  Comment,  WC  Docket  No.  03-  227  (filed  Nov.  18,  2003). 
 3  While  the  U.  S.  Department  of  Homeland  Security  filed  a  petition  asking  the  Commission  to  defer  action 
 on  the  application,  see  Petition  to  Defer  of  the  U.  S.  Department  of  Homeland  Security,  WC  Docket  No.  03-  227  (filed  Nov.  18,  2003),  the  Department  withdrew  its  petition  on  December  5,  2003,  see  also  Letter  from  U.  S. 


 Department  of  Homeland  Security,  WC  Docket  No.  03-  227  (filed  Dec.  5,  2003). 
 4  Response  to  Comment  Submitted  by  Northrop  Grumman  on  the  Domestic  Section  214  Application  filed 
 for  Acquisition  of  Assets  of  Touch  America,  Inc.  by  360networks  (USA)  inc.,  and  the  Amendment  to  Joint  Application,  WC  Docket  No.  03-  227  (filed  Nov.  25,  2003). 


 5  See  Touch  America  Section  63.71  Application  (filed  Dec.  8,  2003). 
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 consideration  of  Touch  America’s  discontinuance  of  its  ATM  and  Frame  Relay  services  to  our  review  of  Touch  America’s  discontinuance  application. 
 The  Bureau  finds,  upon  consideration  of  the  record,  that  the  proposed  transfer  will  serve  the  public  interest,  convenience  and  necessity,  and  therefore  grants  the  requested  authorization.  6 
 Pursuant  to  section  1.103  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.103,  the  consent  granted  herein  is  effective  upon  the  release  of  the  Public  Notice.  Petitions  for  reconsideration  under 
 section  1.106  or  applications  for  review  under  section  1.115  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.106,  1.115,  may  be  filed  within  30  days  of  the  date  of  this  Public  Notice. 


 For  further  information,  please  contact  Tracey  Wilson,  at  (202)  418-  1394  or  Dennis  Johnson,  Competition  Policy  Division,  Wireline  Competition  Bureau  at  (202)  418-  0809. 
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 6  See  Joint  Applications  of  Global  Crossing  Ltd.,  and  Citizens  Communications  Company  for  Authority  to 
 Transfer  Control  of  Corporations  Holding  Commission  Licenses  and  Authorizations  Pursuant  to  Sections  214  and  310(  d)  of  the  Communications  Act  and  Parts  20,  22,  63,  78,  90,  and  101  of  the  Commission’s  Rules, 


 Memorandum  Opinion  and  Order,  16  FCC  Rcd  8507,  8511-  14  (WCB/  IB/  CSB/  WTB  2001)  (granting  transfer  of  control  on  delegated  authority  after  the  Department  of  Justice  withdrew  a  Petition  to  Defer). 
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