*Pages 1--4 from Microsoft Word - 54754.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- 255 Released: February 2, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF THE ASSETS OF SUPERIOR TECHNOLOGIES, INC. BY TELNET WORLDWIDE, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 33 Comments Due: February 16, 2006 Reply Comments Due: February 23, 2006 On January 23, 2006, TelNet Worldwide, Inc. (“ TelNet”) and Superior Technologies, Inc. d/ b/ a Superior Spectrum (“ STI”) (collectively, the “Applicants”) filed an application, pursuant to sections 63.03 and 63.04 of the Commission’s rules, 1 seeking authority to transfer control of STI to TelNet. Applicants assert that this transaction is entitled to presumptive streamlined treatment under section 63.03( b)( 2)( i), of the Commission’s rules because: (1) after the proposed transaction, TelNet’s market share in the interstate, interexchange market will be less than 10%, and TelNet will provide competitive services exclusively in geographic areas served by a dominant local exchange carrier that is not a party to the transaction; and (2) neither of the Applicants is dominant with respect to any service. 2 STI, a corporation formed under Michigan law, is a telecommunications carrier that provides competitive, resold local and long distance services within the state of Michigan. STI also provides resold long distance service in the states of Illinois, Minnesota, Montana, Ohio, Wisconsin, Florida, and Washington, D. C. The ten percent or greater owners of STI are as follows: 1) Anthony W. Stark, a U. S. citizen, 67%; and 2) Penvest, Inc., a U. S. corporation, 33%. Neither of these owners holds a ten percent or greater ownership interest in another telecommunications company. TelNet, a corporation formed under Michigan law, is a facilities- based carrier that 1 47 C. F. R §§ 63.03, 63.04; see 47 U. S. C. § 214. 2 47 C. F. R. § 63.03( b)( 2)( i). 1 2 provides competitive local and long distance services within the state of Michigan. 3 The following individuals have a ten percent or greater ownership interest in TelNet: 1) Mark Iannuzzi, a U. S. citizen, 50%; and 2) Frank Iannuzzi, a U. S. citizen, 50%. TelNet proposes to purchase the assets of STI, including STI’s customer accounts and the Superior Spectrum name. Upon completion of the proposed transaction, TelNet will become the provider of local and long distance telecommunications services to STI’s current subscribers. The transaction will result in the transfer of STI’s assets to TelNet, including STI’s customer base and the Superior Spectrum name. As a result, STI will no longer provide telecommunications services. Applicants state that the proposed transaction serves the public interest because the transaction will strengthen competition in the markets covered by this transaction. The Applicants state that the customers of STI will continue to receive services under the same rates, terms, and conditions as those services are currently provided. Furthermore, the Applicants assert that the proposed transaction is not expected to result in any interruption in service to customers. The Applicants assert that the proposed transaction will permit TelNet to expend its managerial, technical, and financial resources to ensure continued delivery and improvement of the services provided to STI’s customers. TelNet states that it is dedicated to offering a comprehensive set of voice, data, Internet, and infrastructure services to service provider, business, and residential markets. In sum, the Applicants state that the transaction will also benefit competition because TelNet intends to serve a significant portion of STI’s customers with TelNet’s own facilities. GENERAL INFORMATION The acquisition 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 control 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 February 16, 2006 and reply comments on or before February 23, 2006. 4 Unless otherwise notified by the Commission, Applicants are permitted to transfer the assets and related control on the 31 st day after the date of this notice. 5 Comments may be filed 3 TelNet’s common- ownership, telecommunications affiliates are (1) TelNet Worldwide- IL, LLC, which is licensed to provide telecommunications services in Illinois; (2) TelNet World- wide Indiana, Inc., which is licensed to provide telecommunications services in Indiana; (3) TelNet Worldwide- Ohio, Inc., which is licensed to provide telecommunications services in Ohio; and (4) TelNet Worldwide- WI, LLC, which is licensed to provide telecommunications services in Wisconsin. None of these affiliates have begun providing any telecommunications services. 4 See 47 C. F. R. § 63.03( a). 5 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 2