*Pages 1--5 from Microsoft Word - 61634.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- 2509 Released: December 14, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF ACCERIS MANAGEMENT AND ACQUISITION LLC, NEW ACCESS COMMUNICATIONS LLC AND CHOICETEL LLC BY FIRST COMMUNICATIONS, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 217 Comments Due: December 28, 2006 Reply Comments Due: January 4, 2007 On November 30, 2006, First Communications, LLC (“ First Communications”), Acceris Management and Acquisition LLC (“ Acceris”), New Access Communications LLC (“ New Access”) and Choicetel LLC (“ Choicetel”) (collectively, the “Applicants”) filed an application pursuant to section 63.04 of the Commission’s rules 1 seeking authority to transfer certain assets of Acceris, New Access and Choicetel to First Communications. 2 Applicants submit that this transaction is entitled to presumptive streamlined treatment under 63.03( b)( 2)( i) of the Commission’s rules because: (a) the proposed transaction would result in First Communications having a market share in the interstate, interexchange market of less than 10 percent, (b) First Communications will provide competitive services exclusively in areas served by a dominant local carrier not a party to the transaction, and (c) neither of the Applicants is dominant with respect to any domestic service. 3 First Communications, an Ohio limited liability company, provides local, private line and long distance services to approximately 100,000 business and residential customers, located primarily in Ohio, Michigan, Indiana, Illinois, Pennsylvania, and Florida. First Communications is authorized to provide intrastate long distance telecommunications services in all contiguous states except for the following states, in which authority is pending: Arizona, Louisiana, North Dakota, Oklahoma, South Carolina, Vermont, Wyoming. First Communications is authorized to provide competitive local exchange 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)( i). 1 2 telecommunications services in Illinois, Indiana, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin. 4 Applicants state that First Communications has no affiliates that offer domestic telecommunications services. The following U. S. entities hold a 10% or greater equity interest in First Communications: McKinley Communications, LLC, (“ McKinley”) (51%); First Energy Corp. (“ First Energy”) (31.85%); and Boich Investment Group, Ltd. (“ Boich”) (17.15%). McKinley is 80% owned by Marbel Investments, LLC (“ Marbel”), a U. S. limited liability company. Marbel is, in turn, owned in equal shares by the following U. S. citizens: Marsh Belden, Timothy Belden, Susan Belden, and Katherine Belden. No shareholder in First Energy holds a 10 percent or greater ownership interest in First Communications. Boich is owned entirely by Wayne Boich, Sr., a U. S. citizen. Acceris, a Minnesota limited liability company, serves residential, small and medium- sized business, and large enterprise customers throughout the United States. Acceris is authorized to provide long distance telecommunications services in the contiguous 48 states, Hawaii, and the District of Columbia. In addition, Acceris is authorized to provide long distance and competitive local exchange telecommunications services in California, Pennsylvania, New York, New Jersey, Florida, and Massachusetts, and also holds authorization to provide interstate telecommunications. Acceris has one affiliate, New Access, that offers domestic local and long distance telecommunications services. New Access is authorized to provide local service primarily in the Qwest territories and long distance resale services virtually nationwide. Acceris is a direct, wholly- owned subsidiary of North Central Equity LLC (“ North Central”), a privately held Minnesota holding company that is 53% owned by Elam Baer, a U. S. citizen. No other entity holds a 10% or greater equity interest in North Central. New Access, a Minnesota limited liability company, provides competitive local and long distance telecommunications services to primarily residential customers throughout the United States. New Access is authorized to provide long distance resale telecommunications services in the contiguous 48 states, Hawaii, and the District of Columbia, with the exception of Connecticut, Delaware, Maryland, New Hampshire, South Carolina, Tennessee and West Virginia. New Access is authorized to provide local services on a resale or facilities- based basis in the following states: Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Texas, Virginia, Washington, Wisconsin and Wyoming. New Access is a direct, wholly- owned subsidiary of North Central. Mr. Elam Baer holds a 53% equity interest in North Central, and thus, a 10% or greater equity interest in New Access under the Commission’s attribution rules. No other person or entity holds a 10% or greater equity interest in New Access. Choicetel, a Minnesota limited liability company, provides competitive local and long distance telecommunications services to primarily residential customers in Minnesota and Iowa. Choicetel is a direct, wholly- owned subsidiary of New Access. Mr. Elam Baer holds a 53% equity interest in North Central, and thus, a 10% or greater equity interest in Choicetel under the Commission’s attribution rules. No other person or entity holds a 10% or greater equity interest in Choicetel. The proposed transaction will result in the acquisition by First Communications of certain assets of Acceris (except for certain cash equivalent assets retained by Acceris), including the remaining long 4 In addition to traditional local and long distance services, First Communications’ telecommunications services include toll- free services, conference calling packages, calling cards, prepaid calling cards, Internet access, and dedicated and private line services, all of which are provided primarily on a resale basis. 2 5 (5) Jim 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 CYB402, Washington, D. C. 20554, telephone: (202) 488- 5300, fax: (202) 488- 5563, or via e- mail www. bcpiweb. com. For further information, please contact Myrva Charles at (202) 418- 1506, or Alex Johns at (202) 418- 1167. - FCC - 5