*Pages 1--4 from Microsoft Word - 53227.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- 3023 Released: November 22, 2005 DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF ENVENTIS TELECOM, INC. FROM ALLETE, INC. TO HICKORY TECH CORPORATION STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 05- 324 Comments Due: December 6, 2005 Reply Comments Due: December 13, 2005 On November 16, 2005, ALLETE, Inc. (“ ALLETE”), Minnesota Power Enterprises, Inc., (“ MP Enterprises”) and its subsidiary Enventis Telecom, Inc. (“ Enventis”), and Hickory Tech Corporation (“ Hickory Tech”) (collectively, the “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 seeking approval to transfer control of Enventis from ALLETE to Hickory Tech. 2 Applicants assert that this transaction is entitled to presumptive streamlined treatment under section 63.03( b)( 2)( ii) of the Commission’s rules because at the completion of the transaction: (1) Hickory Tech, together will all of its affiliates, will have a market share in the interstate, interexchange market of less than 10 percent; (2) Hickory Tech will provide competitive telephone exchange services exclusively in geographic areas served by a dominant carrier that is not a party to the transaction; and (3) the Applicants are a dominant carrier, Hickory Tech, and a non- dominant carrier, Enventis, that provides services exclusively outside the geographic areas where the dominant carrier is dominant. 3 Enventis, a Minnesota corporation, offers fiber optic communication and advanced data 1 47 C. F. R § 63.04; see 47 U. S. C. § 214. 2 Applicants are also filing an application for transfer of control associated with authorization for international services. Any action on this domestic 214 application is without prejudice to Commission action on other related, pending applications. 3 47 C. F. R. § 63.03( b)( 2)( ii). 1 2 services to businesses and communities primarily in Minnesota, Wisconsin, and select communities in Iowa, North Dakota, and South Dakota. 4 Enventis is a wholly- owned subsidiary of MP Enterprises, a Minnesota corporation, which is in turn a wholly- owned subsidiary of ALLETE d/ b/ a Minnesota Power, a Minnesota corporation. Hickory Tech, a Minnesota corporation, provides competitive local service, long distance, Internet, information solutions, and enterprise solutions. 5 Hickory Tech is a publicly traded corporation of which no individual or entity owns 10% or more of its equity. The Applicants executed a Stock Purchase Agreement for the transfer of all outstanding capital stock of Enventis from MP Enterprises to Hickory Tech on November 9, 2005. Applicants state that the proposed transaction is in the public interest, convenience and necessity because it will be transparent to the subscribers and the subscribers will benefit from expanded service offerings. GENERAL INFORMATION The transfer of control 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. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments on or before December 6, 2005 and reply comments on or before December 13, 2005. 6 Unless otherwise notified by the Commission, Applicants are permitted to transfer the assets and related control on the 31 st day after the date of this notice. 7 Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 4 Enventis’ services in Iowa are limited to Mason City; services in North Dakota are limited to Grand Forks and Fargo; and services in South Dakota are limited to Sioux Falls. Services in Iowa, South Dakota, and North Dakota are provided via resold private lines. Enventis does not have any facilities in these locations. In addition, Enventis provides VoIP services, long distance, and Internet access via resold private lines to remote offices of its Minnesota and Wisconsin customers, which are located in New York, California, Florida, Georgia, Pennsylvania, Washington, Kansas, and Texas. 5 Hickory Tech’s service area in South Dakota is limited to West Hawarden and West Akron on the South Dakota/ Iowa border, and does not overlap or adjoin with Enventis’ service area in South Dakota. Hickory Tech does not provide service in, or adjacent to, Mason City, Iowa, and does not overlap or adjoin Enventis’ service area in Iowa. 6 See 47 C. F. R. § 63.03( a). 7 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 2