*Pages 1--4 from Microsoft Word - 58956.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 06- 1597 Released: August 7, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF LANYAP GRAHAM INTERNET TECHNOLOGY, INC., BY BENCHMARK COMMUNICATIONS, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 133 Comments Due: August 21, 2006 Reply Comments Due: August 28, 2006 On July 5, 2006, Lanyap Graham Internet Technology, Inc. (" Lanyap") and Benchmark Communications, LLC (" Benchmark") (together, the “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 requesting authority to transfer control of certain assets of Lanyap to Benchmark. 2 Applicants submit that this transaction is entitled to presumptive streamlined treatment under 63.03( b)( 2)( i) of the Commission’s rules because (i) Applicants and their affiliates combined will hold less than a ten percent (10%) share of the interstate, interexchange market; (ii) Applicants and their affiliates will provide local exchange services, if at all, only in areas served by dominant local exchange carriers (none of which are a party to the proposed transactions); and (iii) none of the Applicants or their Affiliates are dominant with respect to any service. 3 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. On July 21, 2006, Applicants filed a supplement to their original application. See Letter from Benjamin W. Bronston, Nowalsky, Bronston & Gothard to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 06- 138 (filed July 21, 2006). Applicants filed another supplement on August 2, 2006. See Letter from Benjamin W. Bronston, Nowalsky, Bronston & Gothard to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 06- 138 (filed August 2, 2006) (August 2 Letter). 3 47 C. F. R. § 63.03( b)( 2)( i). 1 2 Lanyap, a Louisiana corporation, provides competitive resold local and competitive resold long distance services to residential customers in the states of Louisiana, Mississippi, Alabama, and Florida. Lanyap is owned entirely by the following U. S. citizens or entities: Jason Veasy, (20%); Warren Gottsegen (20%); Woodard Valls (20%); Randall Stuart (20%); and D’Juan Hernandez (20%). There is no other person or entity which has a 10% or greater interest in Lanyap. Benchmark, a Louisiana limited liability corporation, provides local, intrastate, interstate, and international telecommunications services in Louisiana, Mississippi, Alabama and Florida. The following U. S. citizens or entities hold a 10 percent or greater interest in Benchmark: Mark Guidry (25%); Benjamin W. Bronston (25%); Jason Veasey (25%); and Warren Gottsegen (25%). In addition, the applicants state that none of the foregoing persons own a 10% or greater interest in any incumbent or other telecommunications carrier, except that Jason Veasey and Warren Gottsegen each own 20% of Lanyap. On March 31, 2006, Lanyap and Benchmark entered into an Asset Purchase Agreement whereby Benchmark will purchase certain telecommunications assets of Lanyap including, but not limited to, certain of Lanyap’s customer accounts, customer premise equipment, computers and phones. After consummation of the proposed transaction, Lanyap will continue to provide services to its customers located in Louisiana. As a result, Lanyap will not abandon its domestic 214 authorities after consummation of the transaction. 4 The Applicants state that the proposed transaction serves the public interest by creating operating efficiencies which will enhance the overall capacity of Benchmark to compete in the marketplace and to provide telecommunications services for a greater number of consumers at competitive rates. They further contend that customers of Lanyap will benefit from the company’s improved resources and assets, which will help ensure continuity of service and enhance the ability of Benchmark to offer a broader range of products and services to customers. 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 August 21, 2006 and reply comments on or before August 28, 2006. 5 Unless otherwise notified by the Commission, Applicants are permitted to transfer the assets on 4 See August 2 Letter at 1. 5 See 47 C. F. R. § 63.03( a). 2