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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  05-  473  Released:  February  23,  2005 
 NOTICE  OF  REMOVAL  OF  DOMESTIC  SECTION  214  APPLICATION  FROM  STREAMLINED  TREATMENT 
 WC  Docket  No.  05-  21 
 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  Acquisition  of  Assets  of  Pac-  West  Telecomm,  Inc.,  to  U.  S.  Telepacific  Corp.,  WC  Docket  No.  05-  21,  DA  05-  256  (rel.  Jan. 
 28,  2005) 
 On  January  28,  2005,  the  Commission  released  a  public  notice  accepting  for  streamlined  processing  a  domestic  section  214  application  involving  the  acquisition  of  assets  of  Pac-  West 
 Telecomm,  Inc.  (“  Pac-  West”)  by  U.  S.  Telepacific  Corp.  (“  Telepacific”)  (collectively,  the  “Applicants”).  3  On  February  18,  2005,  the  United  States  Department  of  Justice  (“  DOJ”), 
 including  the  Federal  Bureau  of  Investigation  (“  FBI”)  and  the  United  States  Department  of  Homeland  Security  (“  DHS”)  (collectively,  the  “Executive  Branch  Agencies”),  filed  with  the 
 Commission  a  petition  to  defer  grant  of  this  application  while  the  Agencies  and  Applicants  address  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  Acquisition  of  Assets  of  Pac-  West  Telecomm,  Inc.,  to  U.  S. 
 Telepacific  Corp.,  WC  Docket  No.  05-  21,  Public  Notice,  DA  05-  256  (rel.  Jan.  28,  2005). 
 4  See  In  the  Matter  of  Pac-  West  Telecomm,  Inc.,  Transferor,  and  U.  S.  TelePacific  Corp.,  Transferee, 
 Application  for  authority  Pursuant  to  Section  214  of  the  Communications  Act  of  1934,  as  amended,  for  the 
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 This  application  is  being  removed  from  streamlined  review  in  response  to  the  request  filed  by  the  Executive  Branch  Agencies.  Final  action  on  this  application  should  be  expected 
 once  the  Commission  has  received  notification  from  the  Executive  Branch  Agencies  that  the  evaluation  has  been  completed,  but  in  no  event  later  than  180  days  from  public  notice  that  the 
 applications  were  accepted  for  filing.  5  The  Executive  Branch  Agencies  indicate  that  they  expect  such  notification  to  occur  within  the  next  few  weeks.  6 


 For  further  information,  please  contact  Tracey  Wilson-  Parker,  at  (202)  418-  1394  or  Terri  Natoli,  Competition  Policy,  Wireline  Competition  Bureau  at  (202)  418-  1574. 


 transfer  of  assets  of  an  authorized  U.  S.  international  and  domestic  common  carrier,  WC  Docket  No.  05-  21,  Petition  to  Defer  (filed  Feb.  18,  2005)  (Petition  to  Defer). 
 5  See  47  C.  F.  R.  §  63.03(  c)(  2). 
 6  Petition  to  Defer  at  1. 
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