*Pages 1--4 from Microsoft Word - 53845.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- 3245 Released: December 20, 2005 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF ADELPHIA TELECOMMUNICATIONS, INC., DEBTOR- IN-POESSESSION BY TELECOM MANAGEMENT, INC., D/ B/ A PIONEER TELEPHONE STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 05- 340 Comments Due: January 3, 2006 Reply Comments Due: January 10, 2006 On October 24, 2005, Adelphia Telecommunications, Inc., Debtor- in- Possession (“ Adelphia” or “transferor”), Telecom Management, Inc., d/ b/ a Pioneer Telephone (“ Pioneer” or “transferee”) (together referred to as “Applicants”), filed an application, pursuant to sections 63.03 and 63.04 of the Commission’s rules, 1 seeking authority to transfer the assets of Adelphia to Telecom Management, Inc., d/ b/ a Pioneer. Since June 25, 2002, Adelphia has been operating under the protection of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”). 2 Adelphia and Pioneer hold authority to provide domestic and international telecommunications services pursuant to section 214 of the Act. 3 Applicants assert that this transaction is entitled to presumptive streamlined treatment under section 63.03( b)( 2)( i) of the Commission’s rules because the transferee will have a market share in the interstate interexchange market of less than 10 percent; the transferee will provide competitive telephone exchange services or exchange access services exclusively in geographic 1 47 C. F. R §§ 63.03, 63.04; see 47 U. S. C. § 214. 2 In July, 2003, The Bankruptcy Court approved the sale of Adelphia’s assets to Pioneer. See In Re: Adelphia Communications Corporation, et al, Case No. 02- 41729 (REG) (Jointly Administered) (The “Chapter 11 Case”) in the United States Bankruptcy Court for the Southern District of New York. 3 Applicants are also filing applications 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. 1 2 areas served by a dominant local exchange carrier that is not a party of the proposed transaction; and no party to this Application is dominant with respect to any service. 4 Adelphia Telecommunications, Inc. is a Delaware corporation which provides interexchange telecommunications services in multiple states. Leonard Tow (12.4%), is the only individual or entity that holds a 10% or greater interest in Adelphia. Pioneer is incorporated in Maine. Pioneer is authorized to provide interexchange telecommunications service in every jurisdiction with the exception of Connecticut, where Pioneer’s authority is pending, Alaska and Hawaii. Pioneer is wholly- owned by Sue Bouchard, a US citizen. Applicants seek consent to transfer substantially all of Adelphia’s telecommunications assets, including, but not limited to its customer accounts, to Pioneer. As a result of the transfer, Pioneer will continue to operate and provide service pursuant to its current authority and Adelphia will relinquish its authority to provide telecommunications services. The sale of customers and assets of Adelphia, pursuant to the Agreement, has been approved by the Bankruptcy Court. Applicants state that the proposed transaction serves the public interest, convenience and necessity. Applicants assert the proposed acquisition will create operating efficiencies which will serve to enhance the overall capacity of Pioneer to compete in the marketplace and to provide telecommunications services for a greater number of consumers at competitive rates. Applicants claim that the customers of Adelphia will benefit from the improved resources and assets of Pioneer, which will help ensure continuity of service and enhance the ability of Pioneer to offer a broader range of innovative products and services to customers. Applicants maintain that this will strengthen the ability of Pioneer to offer services in competition with other providers. GENERAL INFORMATION The transfer of assets 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 assets 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 January 3, 2006 and reply comments on or before January 10, 2006. 5 Unless otherwise notified by the Commission, Applicants are permitted to transfer the 4 47 C. F. R. § 63.03( b)( 2)( i). 5 See 47 C. F. R. § 63.03( a). 2