PUBLIC NOTICE Federal Communications Commission 445 12th 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 07-1997 Released: May 3, 2007 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF YATES CITY TELEPHONE COMPANY AND C-R LONG DISTANCE, INC. TO MID CENTURY TELEPHONE COOPERATIVE AND CENTURY ENTERPRISES, INC. NON-STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 07-90 Comments Due: May 17, 2007 Reply Comments Due: May 24, 2007 On April 16, 2007, Yates City Telephone Company (“Yates City”), C-R Long Distance, Inc. (“C-R”) (collectively, “Transferors”), Mid Century Telephone Cooperative (“Mid Century”), and Century Enterprises, Inc. (“CEI”) (collectively, “Transferees,” and, together with Transferors, “Applicants”) filed an application pursuant to sections 63.03 and 63.04 of the Commission’s rules1 requesting approval to transfer control of Yates City to Mid Century and C-R to CEI.2 The Applicants do not seek streamlined treatment for this application under section 63.03(b) of the Commission’s rules.3 Yates City and Mid Century are incumbent local exchange carriers (LECs) that have, in combination, fewer that 2% of the nation’s subscriber lines installed in the aggregate nationwide. Yates City serves approximately 470 access lines in Illinois and Mid Century serves approximately 4319 access lines in Illinois. The Yates City service area is adjacent to the Mid Century service area. Because the Applicants have adjacent service areas, this application is not entitled to presumptive streamlined treatment.4 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. Applicants filed a supplement to their domestic 214 application on April 26, 2007 (“April 26 Supplement”). 3 See 47 C.F.R. § 63.03. 4 See 47 C.F.R. § 63.03(b)(2)(iii); Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, 17 FCC Rcd 5517, 5534 (2002), para. 32. 2 Yates City, an Illinois corporation, is a rural incumbent LEC that operates a single exchange in the town of Yates City, in Knox County, Illinois. C-R, an Illinois corporation, provides interexchange services to approximately 251 subscribers in Yates City. Both Yates City and C-R are wholly owned subsidiaries of Fairpoint Communications, Inc., a publicly-traded, U.S-based corporation, that is the ultimate parent company of 31 local exchange carriers in 18 states.5 Applicants state that no individual shareholder directly or indirectly owns 10 percent or more of the common stock of Fairpoint Communications Inc. Mid Century, an Illinois corporation, is a rural incumbent LEC operating 13 exchanges in western Illinois.6 Applicants state that Mid Century is a cooperative organization of which no single person or entity owns 10 percent or more of its equity. Mid Century wholly owns CEI, also an Illinois corporation, that provides interexchange services to approximately 3250 subscribers located within the Mid Century service area. The proposed transaction consists of the purchase of Yates City by Mid Century and the purchase of C-R by CEI. Yates City’s local exchange assets will be incorporated into Mid Century’s on- going operations, and former Yates City customers will become cooperative members of Mid Century. Approximately 251 of CEI’s interstate customers covered by the transaction are wholly within the Yates City service area and will be incorporated into CEI’s on going operations. After the transaction, C-R will continue to provide service to its remaining customers. The Applicants state that Transferees are qualified to provide service and that the proposed transaction will serve the public interest by ensuring that there will be no interruption of service to existing customers. They also assert that customers will benefit from the increase in economies of scale resulting from the acquisition. They further state that each local exchange subscriber will have the rights and privileges of a Mid Century cooperative member, including voting for a representative to the Board of Directors and eligibility for capital credits that may be allocated. GENERAL INFORMATION The transfer of control identified herein has been found, upon initial review, to be acceptable for filing as a non-streamlined application. The Commission reserves the right to return any transfer of assets application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies. Pursuant to section 63.03(a) of the Commission’s rules, 47 CFR § 63.03(a), interested parties may file comments on or before May 17, 2007 and reply comments on or before May 24, 2007. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 5 The 31 carriers controlled by Fairpoint Communications, Inc. are listed in the April 26 Supplement. One of the carriers, ExOp of Missouri, Inc. d/b/a Unite, is a competitive LEC serving Kearney and Platte City, Missouri. The other 30 carriers are incumbent LECs. 6 The 13 exchanges are Altona, Bishop Hill, Ellisville, Fairview, Gilson, LaFayette, Marietta, Maquon, Smithfield, Summom, Table Grove, Victoria, and Williamsfield. 3 § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington D.C. 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). You may submit comments, identified by the above noted docket number, by any of the following methods: § Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. § Federal Communications Commission’s Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. § People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432. In addition, one copy of each pleading must be sent to each of the following: 4 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-A103, Washington, D.C. 20554; email: Tracey Wilson-Parker@fcc.gov; 3) Jodie May, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-C234, Washington, D.C. 20554; e-mail: jodie.may@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) Jim Bird, Office of General Counsel, 445 12th Street, S.W., Room 8-C824, Washington, D.C. 20554; e-mail: jim.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. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). For further information, please contact Tracey Wilson-Parker at (202) 418-1394, or Jodie May at (202) 418-0913. - FCC -