*Pages 1--2 from  Microsoft Word - 55456.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-  527  Released:  March  3,  2006 
 NOTICE  OF  STREAMLINED  DOMESTIC  214  APPLICATION  GRANTED 
 WC  Docket  No.  06-  20 
 On  January  31,  2006,  the  Wireline  Competition  Bureau  issued  a  public  notice  seeking  comment  on  a  section  214  application  filed  by  Hypercube,  LLC  (Hypercube)  and  KMC  Data 


 LLC  (KMC  Data)  (together  “Applicants”).  1  The  Applicants  request  authority  to  transfer  control  of  KMC  Data  from  KMC  Telecom  Holdings,  Inc.  (KMC  Holdings)  to  Hypercube.  This 
 application  has  been  granted  pursuant  to  the  Commission’s  streamlined  procedures  for  domestic  section  214  transfer  of  control  applications.  2  The  Wireline  Competition  Bureau  has  determined 
 that  grant  of  this  application  serves  the  public  interest.  3 
 The  Commission  received  one  comment  concerning  the  proposed  transfer  of  control  from  AT&  T  Inc.  (AT&  T).  AT&  T  does  not  oppose  the  grant  of  the  application  but  requests  that  the 
 Commission  condition  the  grant  “on  an  express  undertaking  on  the  record  by  KMC  Holdings  that  it  and  its  affiliates  will  comply  fully  with  industry  standards  and  practices  governing  local 
 number  portability  (LNP)  and  number  administration  in  connection  with  the  KMC  Holdings  family  of  companies’  service  discontinuances  and  other  transactions.”  4  AT&  T  specifically 
 identifies  a  Wireline  Competition  Bureau  Order  that  allowed  KMC  Telecom  V,  Inc.  and  KMC  Telecom  of  Virginia,  Inc.  (KMC)  to  extend  the  date  for  termination  of  service  in  39  states  from 
 December  5,  2005  to  January  2,  2006.  5  AT&  T  notes  that  KMC  in  that  proceeding  stated  that  it  would  “make  sure  their  discontinuance  of  service  does  not  unduly  disrupt  the  operations  of 


 1  Domestic  Section  214  Application  Filed  for  the  Transfer  of  Control  of  KMC  Data  LLC  From  KMC 
 Telecom  Holdings,  Inc.  to  Hypercube,  LLC.,  WC  Docket  No.  06-  20,  DA  06-  239  (rel.  Jan.  31,  2006). 
 2  47  C.  F.  R.  §  63.03. 


 3  Implementation  of  Further  Streamlining  Measures  for  Domestic  Section  214  Authorizations,  CC  Docket 
 No.  01-  150,  Report  and  Order,  17  FCC  Rcd  5517,  5529,  para.  22  (2002). 
 4  AT&  T  Comments  at  1-  2. 


 5  AT&  T  Comments  at  2.  See  Section  63.71  Application  of  KMC  Telecom  V,  Inc.  and  KMC  Telecom  of 
 Virginia,  Inc.  for  Authority  to  Discontinue  Domestic  Telecommunications,  WC  Docket  No.  05-  309,  Comp.  Pol.  File  No.  729,  Order,  DA  05-  3334  (rel.  Dec.  28,  2005). 
1
 2 
 customers  still  subscribed  to  those  offerings.”  6  AT&  T  argues  that  KMC  Holdings’  companies  failed  to  comply  with  that  representation  by  not  adhering  to  LNP  industry  standards  as  it 
 withdraws  from  service  “which  threatens  serious  disruption  not  only  to  customers  of  the  KMC  Holdings  affiliates  but  also  to  other  end  users  and  to  other  carriers  such  as  AT&  T.”  7 


 The  Applicants  filed  reply  comments  in  response  to  AT&  T’s  comments,  which  state  that  “this  is  not  the  appropriate  proceeding  to  address  AT&  T’s  concerns  regarding  the  prior  practices 
 of  affiliates  of  KMC  Data.”  8  According  to  the  Applicants,  the  issues  that  AT&  T  raises  relate  to  transactions  by  former  affiliates  of  KMC  Data  that  were  completed  over  six  months  ago  and 
 discontinuance  by  other  affiliates  that  were  completed  over  one  month  ago.  9  The  Applicants  further  state  that  AT&  T  does  not  allege  that  KMC  Data  has  not  followed  industry  standards  with 
 respect  to  this  proposed  transaction.  10 
 After  careful  consideration  of  the  record  in  this  proceeding,  we  conclude  that  the  concerns  raised  by  AT&  T  are  not  sufficient  to  persuade  us  to  impose  any  conditions  on  the  terms 
 of  the  transfer.  We  agree  with  the  Applicants  that  this  proceeding  is  not  the  appropriate  proceeding  to  address  AT&  T’s  concerns  of  past  practices  of  KMC  Data’s  affiliates. 
 Furthermore,  AT&  T  does  not  raise  any  specific  LNP  concerns  or  identify  specific  rule  violations  with  respect  to  the  proposed  transfer  of  control.  We  are  satisfied,  based  on  the  record,  that  the 
 proposed  transaction  is  in  the  public  interest  and  should  be  granted  accordingly. 
 For  purposes  of  computation  of  time  for  filing  a  petition  for  reconsideration  or  application  for  review,  or  for  judicial  review  of  the  Commission’s  decision,  the  date  of  “public 
 notice”  shall  be  the  release  date  of  this  notice.  11 
 Effective  Date  of  Grant:  3/  3/  06 
 For  further  information,  please  contact  Tracey  Wilson-  Parker,  at  (202)  418-  1394  or  Denise  Coca,  Competition  Policy,  Wireline  Competition  Bureau  at  (202)  418-  0574. 


 6  AT&  T  Comments  at  2. 
 7  Id.  at  3. 
 8  KMC  Data  Reply  at  1. 
 9  Id.  at  2. 
 10  Id. 
 11  See  47  C.  F.  R.  §  1.4  (computation  of  time). 
2