*Pages 1--5 from Microsoft Word - 56740.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- 950 Released: April 28, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITON OF ASSETS OF YORKVILLE TELEPHONE COOPERATIVE, INC. AND YORKVILLE COMMUNICATIONS, INC. BY WEST KENTUCKY RURAL TELEPHONE COOPERATIVE CORPORATION, INC. AND WEST KENTUCKY NETWORKS, INC. DBA WK. NET STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 86 Comments Due: May 12, 2006 Reply Comments Due: May 19, 2006 On April 11, 2006, Yorkville Telephone Cooperative, Inc. (“ YTC”) and Yorkville Communications, Inc. (“ YCI”) and West Kentucky Rural Telephone Cooperative Corporation, Inc. (“ WKT”) and West Kentucky Networks, Inc. d/ b/ a wk. net (“ WKN”) (collectively “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 requesting authority to assign certain telecommunications assets, including domestic Section 214 authorizations, from YTC to WKT, and from YCI to WKN, respectively, in the context of related asset purchase agreements. 2 The Applicants assert that this transaction is entitled to presumptive streamlined treatment under section 63.03( b)( 2)( iii) of the Commission’s rules 3 because it would result in: (1) WKN, after absorbing YCI’s customer base, having a market share in the interstate, interexchange market of less than 10 percent; and (2) YTC and WKT are local exchange carriers 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 and wireless 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)( 2)( iii). 1 2 (“ LECs”) that collectively serve fewer than two (2) percent of the nation’s subscriber lines, and there are no overlapping or adjacent service areas. 4 YTC and YCI are organized under the laws of the State of Tennessee. YTC is a cooperative rural LEC that provides local exchange and exchange access service to approximately 1800 access lines in rural portions of Dyer, Gibson and Obion Counties in West Tennessee. 5 YCI, a cooperative organization, provides intrastate, interstate and international long distance services, as well as cellular service in Henry and Weakley Counties, Tennessee. 6 YCI is the wholly- owned subsidiary of YTC and no single member of YTC holds directly or indirectly an interest of 10 percent or more. WKT and WKN are organized under the laws of the Commonwealth of Kentucky. WKT is a cooperative rural LEC providing local exchange and exchange access service to approximately 18,000 access lines in rural portions of Calloway, Carlisle, Graves, Hickman, Marshall and McCracken Counties, Kentucky, and in Henry and Weakley Counties, Tennessee. 7 WKN provides intrastate, interstate and international long distance services to the LEC service area of its parent, WKT. WKN is the wholly- owned subsidiary of WKT and no single member of WKT holds directly or indirectly an interest of 10 percent or more, nor will any member hold 10 percent or more after consummation of the transaction. The Applicants have entered into an agreement whereby YTC will sell all assets related to the provision of local exchange and exchange access services to WKT, and all assets related to the provision of wireless telecommunications services and to WKN. In addition, YCI has entered into an agreement contemplating the sale of all of its operating assets, including those related to wireless, long distance and information services, to WKN. The asset sale agreements contemplate simultaneous closing. Upon consummation of the proposed transactions, the former members/ local exchange subscribers of YTC will become members/ subscribers of WKT, initially receiving services under the same rates, terms and conditions as are currently in force for those exchanges. Similarly, all former customers of YCI will become customers of WKN, receiving the same services initially without modification of current rates, terms or conditions. Following consummation, YCI and YTC will wind up their respective affairs and dissolve. 4 Applicant has certified that no Applicant or affiliate of an Applicant provides any competitive telephone exchange services or competitive exchange access service. Although this transaction involves overlapping wireless service in Henry and Weakley Counties in Tennessee, we accept this application for streamlined processing because the Applicants’ domestic wireline telephone service territories are neither overlapping nor adjacent. 5 YTC provides cellular service within portions of its telephone exchange service area in Dyer, Gibson and Obion Counties, Tennessee. 6 YCI also provides unregulated internet services within the area served by its LEC parent, YTC. 7 The Applicants note that existing YCI cellular service are coextensive with portions of WKT local exchanges services. 2 5 (5) Jeffrey Tobias, Wireless Telecommunications Bureau, 445 12 th Street, S. W., Room 3- A432, Washington, D. C. 20554; e- mail: jeff. tobias@ fcc. gov, and (6) 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 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