*Pages 1--5 from Microsoft Word - 54333.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- 75 Released: January 17, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF ELSIE COMMUNICATIONS, INC. AND DALTON TELEPHONE COMPANY INC. TO NEWCASTLE HOLDINGS, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 13 Comments Due: January 31, 2006 Reply Comments Due: February 7, 2006 On January 4, 2006, Elsie Communications, Inc. (“ Elsie”), SKT Ventures, Inc. (“ SKT”), Dalton Telephone Company, Inc. (“ Dalton”), and Dalton Holdings, Inc. (“ Dalton Holdings”), along with Newcastle Holdings, Inc., (“ Newcastle”) (collectively, “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 requesting authority to transfer control of Elsie and Dalton to Newcastle. Applicants assert that this transaction is entitled to presumptive streamlined treatment under sections 63.03( b)( 2)( ii) and (iii) of the Commission’s rules. The proposed transaction would result in: (1) Newcastle, together with all of its affiliates, having a market share in the interstate, interexchange market of less than 10%; and (2) Newcastle and its affiliates providing competitive telephone exchange services or exchange access services (if at all) exclusively in geographic areas served by a dominant local exchange carrier that is not a party to the transaction. With respect to Section 63.03( b)( 2)( ii), Dialog Telecommunications, a non-dominant carrier, provides services exclusively outside the geographic area where the dominant carriers, Elsie and Dalton, are dominant. 2 With respect to Section 63.03( b)( 2)( iii), the Applicants and Newcastle’s affiliates, Georgetown Telephone Company, Oregon Farmers Mutual Telephone Company, Pymatuning Telephone Company, S& A Telephone Company, 1 47 C. F. R § 63.04; see 47 U. S. C. § 214. 2 47 C. F. R. § 63.03( b)( 2)( ii). 1 2 Waverly Hall Telephone, LLC, and Gridley Telephone Company have fewer than 2% of the nation’s subscriber lines and there are no overlapping or adjacent service areas. 3 Elsie, a Nebraska corporation, is an incumbent local exchange carrier (“ LEC”) providing local exchange and exchange access service to subscribers in one exchange in and around Elsie, Nebraska. SKT, a Kansas corporation, wholly owns Elsie. The following individuals, all U. S. citizens, control ten percent or more of SKT: Kendall S. Mikesell (25%); Elaine L. Webb (25%); Edwin A. Mikesell (25%); and Gregory L. Mikesell (25%). Dalton, a Nebraska corporation, is an incumbent LEC providing local exchange and exchange access service to subscribers in the Bushnell, Dalton, Dix, Gurley, and Lodgepole, Nebraska exchanges. Dalton Holdings, a Nebraska corporation, wholly owns Dalton. Southern Kansas Telephone Co., a U. S. entity, wholly owns Dalton Holdings. The following individuals, all U. S. citizens, control ten percent or more of Southern Kansas Telephone Co.: Kendall S. Mikesell (24.99%); Elaine L. Webb (24.99%); Edwin A. Mikesell (24.99%); and Gregory L. Mikesell (24.99%). Newcastle, a North Carolina corporation, is a holding company, which does not itself provide telecommunications services. American Broadband Acquisition Corp. IV, a U. S. entity, wholly owns Newcastle. The following U. S. entities hold a ten percent or greater interest in American Broadband Acquisition Corp. IV: American Broadband Communications, LLC (49%); and Signal Equity Partners II, LP (40%). 4 The following individuals, all U. S. citizens, control ten percent or more of American Broadband Communications, LLC: William H. Tucker (48.75%); and Patrick L. Eudy (48.75%). 5 The general partner of Signal Equity Partners II, LP is Signal Equity Advisors II, LLC, a U. S. entity, which holds a 2.94% interest. The following individuals, all U. S. citizens, control ten percent or more of Signal Equity Advisors II, LLC: Timothy P. Bradley (23.3%); Alfred J. Puchala, Jr. (22.3%); Christian Nolen (19.6%); Malcolm C. Nolen (19.6%); and Charles T. Lake, II (11.2%). The ten percent 3 47 C. F. R. § 63. 03( b)( 2)( iii). 4 American Broadband Communications, Inc. (“ ABCI”), a sister corporation to American Broadband Communications LLC (“ ABCL”), holds 40% of American Georgetown, Inc., which, in turn, owns 100% of Georgetown Telephone Company, an incumbent LEC in Mississippi. Signal Equity Partners II, LP owns the remaining 60% of American Georgetown, Inc. ABCI also holds 49% of Northwest Missouri Holdings, Inc., which in turn, holds 100% of Oregon Farmers Mutual Telephone Company, an incumbent LEC in Missouri. Signal Equity Partners II, LP owns the remaining 51% of Northwest Missouri Holdings, Inc. ABCL owns 49% of Eastern Kansas Holdings, Inc., which, in turn, owns 100% of S& A Telephone Company, Inc., a Kansas incumbent LEC. Signal Equity Partners II, LP owns the remaining 51% of Eastern Kansas Holdings, Inc. ABCL owns 49% and Signal Equity Partners II, LP owns 51% of Pymatuning Holding Company, which owns 100% of the Pymatuning Independent Telephone Company, a Pennsylvania rural incumbent LEC. American Broadband Acquisition Corp. has a 100% interest in Waverly Hall Holdings, Inc., which, in turn, owns 100% of Waverly Hall Telephone, LLC, an incumbent LEC in Georgia. American Broadband Acquisition Corp. has a 100% interest in Mail Holdings, Inc., which, in turn, owns 100% of Gridley Enterprises, Inc., which, in turn, owns 100% of Gridley Communications, Inc. and Gridley Telephone Co., an incumbent LEC in Illinois. 5 Patrick L. Eudy own 60% of Dialog Telecommunications, a competitive LEC operating in Kentucky, Mississippi, and North Carolina. 2 5 In addition, one copy of each pleading must be sent to each of the following: (1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, www. bcpiweb. com; phone: (202) 488- 5300 fax: (202) 488- 5563; (2) Tracey Wilson- Parker, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- C212, Washington, D. C. 20554; email: tracey. wilson- parker@ fcc. gov; (3) Adam Kirschenbaum, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S. W., Room 5- C211, Washington, D. C. 20554; e- mail: adam. kirschenbaum@ 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: james. 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. For further information, please contact Tracey Wilson- Parker at (202) 418- 1394, or Adam Kirschenbaum at (202) 418- 7280. - FCC - 5