*Pages 1--5 from Microsoft Word - 55614.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- 561 Released: March 9, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF WETEC, LLC D/ B/ A UNITEL COMMUNICATIONS FROM WEST CENTRAL TECHNOLOGIES, INC. TO ARVIG ENTERPRISES, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 37 Comments Due: March 23, 2006 Reply Comments Due: March 30, 2006 On January 23, 2006, West Central Technologies, Inc. (“ West Central”), Arvig Enterprises, Inc. (“ Arvig”), and WETEC, LLC dba Unitel Communications (“ WETEC”) (collectively, “Applicants”) filed an application, pursuant to section 63.04 of the Commission’s rules, 1 hereby requesting authority to transfer of control of West Central’s 50% membership interest in WETEC to Arvig, rendering Arvig as the sole owner of WETEC. 2 The Applicants assert that this transaction is entitled to presumptive streamlined treatment pursuant to 63.03( b)( 2)( ii) of the Commission’s rules. 3 The proposed transaction would result in: (1) the transferee, Arvig, a dominant incumbent local exchange company (“ LEC”) within its service area, having a market share in the interstate, interexchange market of less than 10%; (2) the transferee Arvig, together with its current and proposed affiliates, including WETEC, providing competitive telephone exchange services or exchange access services exclusively in geographic areas served by a dominant LEC that is not a party to this transaction; and (3) WETEC, a non- dominant competitive LEC, providing services exclusively 1 47 C. F. R § 63.04; see 47 U. S. C. § 214. 2 Applicants are also filing applications 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. The Applicants filed two amendments to their application on February 16, 2006 and March 7, 2006. 3 47 C. F. R § 63.03( b)( 2)( ii). 1 2 outside the geographic area where the dominant carriers, incumbent LECs Arvig and West Central, are dominant. 4 WETEC is a Minnesota limited liability corporation and a non- dominant competitive LEC that provides local exchange, local access services, and long distance services in and around Park Rapids, Minnesota, wholly within the incumbent service area of Qwest Communications. WETEC also provides cable television and Internet services within this service area. WETEC is owned equally by West Central and Arvig. West Central, a Minnesota corporation and a dominant incumbent LEC, is a diversified telecommunications company wholly owned by West Central Telephone Association (“ WCTA”). WCTA, a Minnesota cooperative, provides a variety of telecommunications services including incumbent telephone services to the Minnesota exchanges of Wadena, Sebeka, Menahega and Vernadale. WCTA is a member- owned cooperative and no person owns or controls 10% or more of the interests of WCTA. Arvig, a Minnesota corporation and a dominant incumbent LEC, offers local exchange and exchange access service to several of the Minnesota exchanges. 5 The following entities own ten percent or more of Arvig: Allen R. Arvig and Donna M. Ward own 35.75% and 21.09% of the common stock of Arvig. In addition, Marvin S. Ward is the successor trustee of the Eleanor M. Arvig Revocable Trust and holds 99.8% of the preferred stock of Arvig, which carries no voting rights. No other person or entity holds 10% or greater interest in Arvig. Arvig proposes the purchase of WETEC’s 50% membership interests currently held by West Central, resulting in Arvig’s 100% ownership of WETEC. Following the consummation of the proposed transaction, WETEC will continue to provide service to its customers as a wholly owned subsidiary of Arvig. The Applicants state that the proposed transaction serves the public 4 The Applicants indicate that, pursuant to 63.03( b)( 2)( iii), Arvig and affiliates, together with WETEC, have fewer than two (2) percent of the nation’s subscriber line and report no overlapping services areas between Arvig and its affiliates and West Central and its affiliates. The Applicants note that Arvig operates local exchange territories which abut the WETEC service area of Park Rapids. Specifically, Arvig’s Osage exchange abuts Park Rapids on the west and Arvig’s Nevis exchange abuts Park Rapids on the east. 5 Arvig offers local exchange and exchange access service to the Minnesota exchanges of Akeley, Battle Lake, Bejou, Bertha, Bluffton, Butler, Callaway, Cass Lake, Clitherall, Deer Creek, Dent, Detroit Lakes, Evergreen, Flom, Gary, Hawley, Henning, Hewitt, Longville, Mahnomen, Maine, Naytahwaush, Nevis, New York Mills, Nisswa, Ogema, Osage, Ottertail, Perham, Ponsford, Richville, Richwood, Rochert, Snellman, Syre, Staples, Tulaby, Twin Valley, Ulen, Vergas, Wadena, Walker, Waubun, Whipholt, and White Earth. Through its wholly- owned subsidiary, Midwest Telephone Co., local exchange and exchange access service is provided to the Minnesota exchanges of Eagle Bend, Miltona, Parkers Prairie and Urbank. In addition, Arvig’s wholly- owned subsidiary, The Peoples Telephone Co. of Bigfork, provides local exchange and exchange access service to the Minnesota exchange of Bigfork and Marcell, and its wholly- owned subsidiary Osakis Telephone Company serves the single exchange of Osakis. Long distance service is also offered in these exchanges. 2 5 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 Tracey Wilson- Parker at (202) 418- 1394, or Denise Coca at (202) 418- 0574. - FCC - 5