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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  04-  3945  Released:  December  16,  2004 
 NOTICE  OF  REMOVAL  OF  DOMESTIC  SECTION  214  APPLICATION  FROM  STREAMLINED  TREATMENT 
 WC  Docket  No.  04-  418 
 The  application  listed  in  this  notice  has  been  removed  from  streamlined  treatment  pursuant  to  the  Commission’s  streamlined  procedures  for  domestic  section  214  transfer  of 


 control  applications.  1  Section  63.03(  c)(  5)  of  the  Commission’s  rules  provides  that  at  any  time  after  an  application  is  filed,  the  Commission,  acting  through  the  Chief  of  the  Wireline 
 Competition  Bureau,  may  notify  an  applicant  that  its  application  is  being  removed  from  streamlined  processing,  where  the  Commission  “determines  that  the  application  requires  further 
 analysis  to  determine  whether  a  proposed  transfer  of  control  would  serve  the  public  interest.”  2 
 Domestic  Section  214  Application  Filed  for  Transfer  of  Control  of  Cypress  Communications  Operating  Company,  Inc.,  WC  Docket  No.  04-  418,  DA  04-  3667  (rel.  Nov.  19,  2004). 


 On  November  19,  2004,  the  Commission  released  a  public  notice  accepting  for  streamlined  processing  a  domestic  section  214  application  involving  the  transfer  of  control  of 
 Cypress  Communications  Operating  Company,  Inc.  to  TechInvest  Holding  Company,  Inc.  (collectively,  the  “Applicants”).  3  On  December  3,  2004,  the  United  States  Department  of 
 Homeland  Security  (“  DHS”),  on  behalf  of  itself,  the  United  States  Department  of  Justice  (“  DOJ”),  and  the  Federal  Bureau  of  Investigation  (“  FBI”)  (collectively,  the  “Agencies”),  filed 
 with  the  Commission  a  petition  to  defer  grant  of  this  application  until  the  Agencies  and  the  Applicants  notify  the  Commission  that  they  have  addressed  potential  national  security,  law 
 enforcement,  and  public  safety  issues.  4 


 1  47  C.  F.  R.  §  63.03;  Implementation  of  Further  Streamlining  Measures  for  Domestic  Section  214 
 Authorizations,  17  FCC  Rcd  5517  (2002)  (Streamlining  Order). 
 2  See  47  C.  F.  R.  §  63.03(  c)(  1)(  v). 


 3  Domestic  Section  214  Application  Filed  for  Transfer  of  Control  of  Cypress  Communications  Operating 
 Company,  Inc.,  WC  04-  418,  Public  Notice,  DA  04-  3667  (rel.  Nov.  19,  2004). 
 4  See  Cypress  Communications  Operating  Company,  Inc.  Application  for  Consent  to  Transfer  of  a 
 Company  Holding  International  Authorizations  and  a  Blanket  Domestic  Authorization  Pursuant  to  Section  214  of 
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 This  application  is  being  removed  from  streamlined  review  because  the  Agencies  will  not  have  completed  their  evaluation  before  the  date  that  this  application  would  be  deemed  granted 
 under  the  Commission’s  streamlining  rules.  5  Final  action  on  this  application  should  be  expected  once  the  Commission  has  received  notification  from  the  Agencies  and  Applicants  that  the 
 evaluation  has  been  completed,  but  in  no  event  later  than  180  days  from  public  notice  that  the  application  was  accepted  for  filing.  6 


 For  further  information,  please  contact  Tracey  Wilson,  at  (202)  418-  1394  or  Bill  Dever,  Competition  Policy,  Wireline  Competition  Bureau  at  (202)  418-  1578. 


 the  Communications  Act  of  1934,  as  Amended,  WC  Docket  No.  04-  418,  Petition  to  Defer  (filed  Dec.  3,  2004)  (Cypress  Petition  to  Defer). 
 5  The  Agencies  are  evaluating  whether  the  proposed  transaction  could  impair  the  ability  of  federal,  state 
 and  local  governments  to  effectively:  (1)  satisfy  U.  S.  National  Security  Emergency  Preparedness  and  U.  S.  infrastructure  protection  requirements;  (2)  conduct  secure  and  lawfully-  authorized  electronic  surveillance  of 


 domestic  U.  S.  calls  or  calls  that  originate  or  terminate  in  the  United  States;  or  (3)  prevent  and  detect  foreign-based  or  other  illegal  electronic  surveillance  within  the  United  States,  which  might  jeopardize  the  security  of  the 
 United  States  or  privacy  of  U.  S.  telecommunications.  See  Cypress  Petition  to  Defer  at  2. 
 6  See  47  C.  F.  R.  §  63.03(  c)(  2). 
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