*Pages 1--4 from Microsoft Word - 61053.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- 2321 Released: November 16, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF COMPUTER NETWORK TECHNOLOGY CORPORATION FROM MCDATA CORPORATION TO BROCADE COMMUNICATIONS SYSTEMS, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 201 Comments Due: November 30, 2006 Reply Comments Due: December 7, 2006 On October 26, 2006, McDATA Corporation (“ Transferor“ or “McDATA”), its wholly owned subsidiary, Computer Network Technology Corporation (“ CNT”), and Brocade Communications Systems, Inc. (“ Transferee” or “Brocade”) (collectively, the “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 requesting authority to transfer control of CNT to Brocade. 2 Applicants assert that this transaction is entitled to presumptive streamlined treatment pursuant to section 63.03( b)( 2)( i) of the Commission’s rules, because the proposed transaction would result in: (1) Brocade having a market share in the interstate, interexchange market of less than 10 percent, (2) Brocade will provide competitive telephone exchange services or exchange access services (if at all) exclusively in geographic areas served by dominant local exchange carrier that is not a party to the transaction, and (3) neither of the Applicants is dominant with respect to any service. 3 McDATA is a Delaware corporation that does not hold any authorizations relating to the provision of telecommunications services or provide any such services. McDATA is a publicly traded company with no 10% or greater interest holders. CNT, a Minnesota corporation, is a wholly- owned subsidiary of McDATA that operates as both CNT and McDATA Services Corporation. CNT is authorized to provide interstate domestic telecommunications services in the District of Columbia and in 1 47 C. F. R. § 63.04; see 47 U. S. C. § 214. 2 Applicants have also filed 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)( i). 1 4 (3) Rodney McDonald, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 6- A430, Washington, D. C. 20554; e- mail: rodney. mcdonald@ fcc. gov; (4) Susan O’Connell, Policy Division, International Bureau, 445 12th Street, S. W., Room 7- B544, Washington, D. C. 20554; email: susan. o’connell@ fcc. gov; and (5) James Bird, Office of General Counsel, 445 12th Street, S. W., Room 8- C824, Washington, D. C. 20554; e- mail: jim. bird@ 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. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0530 (voice), (202) 418- 0432 (tty). For further information, please contact Cecilia Seppings at (202) 418- 1588, or Rodney McDonald at (202) 418- 7513. - FCC - 4