PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 08-2074 Released: September 10, 2008 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF ORBIS1, L.L.C. D/B/A COSTREET COMMUNICATIONS TO CEQUEL COMMUNICATIONS ACCESS SERVICES, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 08-192 Comments Due: September 24, 2008 Reply Comments Due: October 1, 2008 On August 28, 2008, Michael Pollock and Ardeshir Zarei, Orbis1, L.L.C. d/b/a CoStreet Communications (CoStreet), and Cequel Communications Access Services, LLC (Cequel, collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules to transfer control of CoStreet to Cequel.1 CoStreet, a Louisiana limited liability company, provides competitive, wholesale telecommunications services in the southeastern U.S.2 Applicants state that Mr. Pollock and Mr. Zarei, both U.S. citizens, own, respectively, 65 percent and 35 percent of the membership interests in CoStreet. Applicants state that Cequel Communications Holdings, LLC (Cequel Communications) indirectly holds 100 percent of the equity of Cequel and directs and controls the company. Cebridge Connections Holdings, LLC (Cebridge Holdings) owns 25.6 percent of the equity of Cequel Communications. Applicants further state that Quadrangle Capital Partners II LP (Quadrangle), a private investment company, owns 49.96 percent of Cebridge Holdings, which equates to an indirect 12.79 percent equity interest in Cequel Communications, and OCM CCH, Inc. (OCM), also a private investment company, owns 16.48 equity percent of Cequal Communications. Applicants state that no other entity owns 10 percent or more of the equity of Cequel Communications, and that each 10 percent or greater interest holder in Quadrangle or OCM holds, as a result of its ownership interest in Quadrangle or OCM, less than 10 percent of the equity of Cequel. All of the Cequel owners and entities are U.S. based. Cequel does not provide telecommunications service, but Applicants state that Cequel Communications owns and controls entities that provide competitive telecommunications services in several states.3 Pursuant to the terms of the proposed transaction, Cequel will acquire 100 percent of the 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants filed a supplement to their domestic section 214 application on September 2, 2008. 2 Applicants state that CoStreet provides services in Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Tennessee, Texas, Virginia, and Washington, D.C. 3 These entities are: Arkansas (TCA Communications, LLC), California (Cebridge Telecom CA, LLC), Louisiana (Cebridge Telecom LA, LLC); Missouri (Cebridge Telecom MO, LLC); North Carolina (Cebridge Telecom NC, LLC); Oklahoma (Cebridge Telecom OK, LLC); Texas (Cebridge Telecom TX, LP); and West Virginia (Cebridge 2 membership interests of CoStreet. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the Commission’s rules, and that a grant of the application will serve the public interest, convenience, and necessity.4 Domestic Section 214 Application Filed for the Transfer of Control of Orbis1, L.L.C. d/b/a CoStreet Communications to Cequel Communications Access Services, LLC, WC Docket No. 08-192 (filed Aug. 28, 2008). GENERAL INFORMATION The Wireline Competition Bureau finds, upon initial review, that the transfer of control identified herein is 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 section 63.03(a) of the Commission’s rules, 47 C.F.R. § 63.03(a), interested parties may file comments on or before September 24, 2008, and reply comments on or before October 1, 2008. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.5 Comments must be filed electronically using (1) the Commission’s Electronic Comment Filing System (ECFS) or (2) the Federal Government’s e- Rulemaking Portal. See 47 C.F.R. § 63.03(a) (“All comments on streamlined applications shall be filed electronically . . . .”); Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Comments may be filed electronically using the Internet by accessing the ECFS, http://www.fcc.gov/cgb/ecfs/, or the Federal e-Rulemaking 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. In addition, e-mail one copy of each pleading to each of the following: 1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., fcc@bcpiweb.com; phone: 202 / 488-5300; fax: 202 / 488-5563; 2) Myrva Charles, Competition Policy Division, Wireline Competition Bureau, myrva.charles@fcc.gov; Telecom WV, LLC). Applicants state that Cequel is not affiliated with any other entities that provide telecommunications services. 4 47 C.F.R. § 63.03(b)(2)(i). 5 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 3 3) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov; 4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 5) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. Filings and comments are 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; e-mail: fcc@bcpiweb.com; url: 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 Myrva Charles at 202 / 418-1506 or Jodie May at 202 / 418-0913. – FCC –