*Pages 1--4 from Microsoft Word - 54545.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- 76 Released: January 17, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF BIG BEND TELEPHONE COMPANY, INC. FROM JVAH LIMITED PARTNERSHIP TO THE VIRGINIA S. HAYNES TESTAMENTARY TRUST FOR BENEFIT OF JUSTIN VA HAYNES, JUSTIN VA HAYNES TRUSTEE STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 4 Comment Date: January 31, 2006 Reply Comment Date: February 7, 2006 On December 29, 2005, JVAH Limited Partnership (“ JVAH” or “Transferor”) and Virginia S. Haynes Testamentary Trust for Benefit of Justin VA Haynes, Justin VA Haynes Trustee (the “Trust” or “Transferee”), (collectively referred to as “Applicants”), filed an application, pursuant to sections 63.03 and 63.04 of the Commission’s rules, 1 to transfer control of Big Bend Telephone Company (“ Big Bend”) from JVAH to Trust. 2 Applicants assert that this transaction is entitled to presumptive streamlined treatment under section 63.03( b)( 1)( ii) of the Commission’s rules because the Trust, and Justin VA Haynes as beneficiary, are not telecommunications providers. 3 Big Bend is a corporation organized under the laws of the State of Texas. Big Bend is an incumbent local exchange carrier that was created in 1960 to serve the rural west Texas counties of Brewster, Presidio, Jeff Davis, Terrell, Crockett, Val Verde and Pecos. Big Bend currently serves 5,595 access lines in 14 exchanges served by 13 Central Offices covering 17,593 square miles. All of the areas served by Big Bend are rural towns, communities and ranches. 1 47 C. F. R §§ 63.03, 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. 3 47 C. F. R. 63.03( b)( 1)( ii). 1 2 Nevill Holdings, Inc. is a corporation organized under the laws of the State of Delaware. Prior to the consummation of proposed transaction, Nevill Holdings, Inc. holds 100% of the equity in Big Bend. JVAH currently owns 100% of the capital stock of Nevill Holdings, Inc. all of which stock is common stock. JVAH is a partnership organized under the laws of the State of Texas is established under the laws of the State of Texas. JVAH Limited Partnership is owned by Jefferson V. Haynes and Stephanie Haynes own 98% of the equity in JVAH Limited Partnership. JVAH Management, L. L. C. owns the remaining 2% equity interest. JVAH Management, L. L. C. is wholly- owned by Jefferson V. Haynes. The proposed transaction consists of the sale of all of the capital stock of Nevill Holdings, Inc., by JVAH Limited Partnership to the Trust. This sale will be accomplished through a merger in which the Trust will exchange its shares in a merger subsidiary for that of Nevill Holdings, Inc. and JVAH will surrender all of its shares in Nevill Holdings, Inc. After the proposed transaction is completed, the Trust will own 100.0% of the capital stock of Nevill Holdings, Inc. Following the proposed transaction, Big Bend will continue to be a wholly-owned subsidiary of Nevill Holdings, Inc. Applicants state that the proposed transaction serves the public interest, convenience and necessity. The Applicants assert the proposed transaction comprises the sale of the stock of a small company that provides local exchange and interexchange service within several rural west Texas counties. Applicants maintain that the transaction, which is principally an intra- family transaction, will permit the continued provision of service to Big Bend’s subscribers that would otherwise go unserved. Applicants submit that Justin VA Haynes, as the current President and Chief Operating Officer of Big Bend, has been engaged in the day- to- day management and operations of the Company and is able to continue bringing quality service to its customers. GENERAL INFORMATION The transfer of control 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 January 31, 2006 and reply comments on or before February 7, 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 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