*Pages 1--5 from Microsoft Word - 52948.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 05- 2938 Released: November 7, 2005 DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF OXFORD JUNCTION, IOWA EXCHANGE FROM IOWA TELECOMMUNICATIONS SERVICES, INC. TO LOST NATION – ELWOOD TELEPHONE COMPANY NON- STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 05- 307 LOST NATION – ELWOOD TELEPHONE COMPANY AND IOWA TELECOMMUNICATIONS SERVICES, INC. D/ B/ A IOWA TELECOM SEEK WAIVER OF THE STUDY AREA BOUNDARY FREEZE AS CODIFIED IN PART 36 AND WAIVER OF SECTION 69.3( e)( 11) OF THE COMMISSION’S RULES PLEADING CYCLE ESTABLISHED CC Docket No. 96- 45 Comments Due: November 21, 2005 Reply Comments Due: November 28, 2005 On October 21, 2005, Iowa Telecommunications Services, Inc. (“ Iowa Telecom”) and Lost Nation – Elwood Telephone Company (“ Lost Nation”) (collectively, the “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, seeking approval to transfer control of the Oxford Junction, Iowa exchange from Iowa Telecom to Lost Nation. 1 Applicants have also filed a joint petition for waiver of the study area boundary freeze as codified in the Appendix- Glossary of Part 36 of the Commission’s rules. 2 Lost Nation also seeks a waiver of section 69.3( e)( 11) of the Commission’s rules regarding participation in the National Exchange Carrier Association (“ NECA”) carrier common line tariff. 3 1 47 C. F. R § 63.04; see 47 U. S. C. § 214. 2 47 C. F. R. § 36, App. (defining “study area”). 3 47 C. F. R. § 69.3( e)( 11). 1 2 Transfer of Control Application: Although the proposed transaction involves only the transfer of the local exchange assets of an incumbent local exchange carrier by means other than an acquisition of corporate control, this application is not subject to streamlined treatment. 4 In this instance, non- streamlined treatment is appropriate because the Applicants have filed associated waiver requests that are not likely to be resolved in the 31- day period provided for approval under the Commission’s streamlining rules. Iowa Telecom, an Iowa corporation, is an independent incumbent local exchange carrier (LEC) that provides local exchange and exchange access services, and dial- up and high- speed Internet services to residential and business customers in approximately 294 exchanges widely distributed throughout the State of Iowa, comprising a total of approximately 249,000 access lines. Iowa Telecom’s competitive LEC affiliate, Iowa Telecom Communications, Inc., provides local exchange and exchange access service and dial- up and high- speed Internet services to residential and business customers in 18 exchanges widely distributed throughout the State of Iowa, comprising a total of approximately 17,400 access lines. The following entity owns a ten percent or greater interest in Iowa Telecom: Pine Island Capital Corporation, a U. S. entity, (12.91%). Iowa Network Services, Inc., a U. S. entity, wholly owns Pine Island Capital Corporation. No other person or entity directly or indirectly owns ten percent or more of Iowa Telecom. Lost Nation, an Iowa corporation, is an independent LEC that provides telephone service to 664 residential and business access lines in the Lost Nation, Iowa exchange. Lost Nation also provides service, including broadband access, as a competitive LEC throughout the Oxford Junction exchange to 379 residential and business access lines. No person or entity directly or indirectly owns ten percent or more of Lost Nation. On September 2, 2005, the Applicants entered into an Asset Purchase Agreement (“ Agreement”) where Iowa Telecom agreed to transfer its customer base and assets in the Oxford Junction exchange to Lost Nation. After consummation of the Agreement, Lost Nation will continue to offer the services currently offered to Iowa Telecom customers in the Oxford Junction exchange, and additionally plans to offer dial- up and DSL- based Internet access to those customers. Applicants state that the proposed transaction is in the public interest because Lost Nation will continue to offer the services currently offered to Iowa Telecom customers in the Oxford Junction exchange. Moreover, Applicants state that Lost Nation will benefit from new economies of scale and administratively simpler operations as a result of the transaction. Applicants further argue that Iowa Telecom’s telecommunication services would be strengthened 4 See 47 C. F. R § 63.03( b)( 1)( iii) (explaining that transactions involving “only the transfer of the local exchange assets of an incumbent local exchange carrier by means other than an acquisition of corporate control” are presumed to be subject to streamlined procedures). 2 5 (3) Adam Kirschenbaum, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- C211, Washington, D. C. 20554; e- mail: adam. kirschenbaum@ fcc. gov; (4) William Dever, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- C266, Washington, D. C. 20554; e- mail: william. dever@ fcc. gov; (5) Christopher Killion, Office of General Counsel, 445 12th Street, S. W., Room 8- C740, Washington, D. C. 20554; email: ckillion@ fcc. gov; (6) Gary Seigel, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- A633, Washington, D. C. 20554; e- mail: gary. seigel@ fcc. gov; (7) Cathy Carpino, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- A441, Washington, D. C. 20554; e- mail: cathy. carpino@ fcc. gov; and (8) Sheryl Todd, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- B540, Washington, D. C. 20554; e- mail: sheryl. todd@ fcc. gov. 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, S. W., Room CY- A257, Washington, D. C. 20554. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S. W., Room CY-B402, Washington, D. C. 20554, telephone: (202) 488- 5300, fax: (202) 488- 5563, or via e- mail www. bcpiweb. com. For further information regarding the Transfer of Control Application, please contact Tracey Wilson- Parker at (202) 418- 1394, or Adam Kirschenbaum at (202) 418- 7280. For further information regarding the Study Area Waiver and the Part 69 Waivers, please contact Gary Seigel at (202) 418- 0879. - FCC - 5