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 08-2205 Released: September 30, 2008 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF CITIZENS TELEPHONE COMPANY OF BREVARD NC TO ROCK HILL TELEPHONE COMPANY D/B/A COMPORIUM STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 08-200 Comments Due: October 14, 2008 Reply Comments Due: October 21, 2008 On September 18, 2008, Citizens Telephone Company of Brevard NC (Citizens or Transferor) and Rock Hill Telephone Company d/b/a Comporium (Comporium) (collectively, the Applicants) filed an application, pursuant to section 63.03 of the Commission’s rules, for consent to transfer control of Citizens to Comporium.1 Citizens, a North Carolina company, provides local exchange and exchange access services in Brevard and Transylvania, North Carolina. The following U.S. citizens have a 10 percent or greater interest in Citizens: Charles W. Pickelsimer, Jr.; Joseph E. Pickelsimer; Lisa Pickelsimer, and Kimberly Pickelsimer. Comporium, a South Carolina company, provides local exchange services in South Carolina through its affiliates, Rock Hill Telephone Company, Fort Mill Telephone Company, Lancaster Telephone Company, Home Telephone Company and PBT Telecom, Inc.2 Comporium also provides interexchange services in South Carolina through its affiliates, Community Long Distance, Inc. (CLD) and PBT Communications, Inc.3 An affiliate of CLD, Springboard Telecom, LLC, offers local exchange and exchange access services in North Carolina.4 The 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing an application for transfer of control associated with authorization for radio licenses. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed an amendment to their application on September, 25, 2008. 2 Comporium’s local exchange companies serve the communities of Rock Hill, Fort Mill, Lancaster, Tega Cay, Fort Lawn, Moncks Corner, Harleyville, Pelion, Pond Branch, Gilbert, Wagener, Ridge Spring, and Swansea South Carolina and certain unincorporated areas of York, Lancaster, Berkley, Chester, Dorchester, Orangeburg, Kershaw, Lexington, Aiken, Calhoun, Edgefield, and Saluda Counties. Applicants state that neither these communities, the areas served competitively, nor territory served through wireless facilities border on any Citizens service areas. 3 Community Long Distance, Inc., offers toll service to the areas served by its local exchange affiliates. PBT Communications, Inc. provides competitive local exchange services in parts of incumbent AT&T’s Batesburg- Leesville, South Carolina exchange, and in parts of ALLTEL’s Lexington, South Carolina exchange. 4 Springboard Telecom, LLC also offers competitive local exchange and exchange access services to the communities of Charlotte, Gastonia, Shelby, Kings Mountain, Lincoln, Statesville, Bessemer City, Rutherfordton, and Lake Normon, North Carolina. 2 following U.S. citizens or entities have a ten percent or greater interest in Comporium: Frank S. Barnes (17.34%); 2007 Jean D. Barnes Irrevocable Trust (17.33%);5 E.L. Barnes (17.33%); and LAB Associates, LP (LAB) (48%).6 The ten percent or greater owners of LAB are the Trust under Will of Ladson A. Barnes, Sr.,7 a U.S.-based entity, and Ladson A. Barnes, Jr., a U.S. citizen. Consummation of the proposed transaction would result in Comporium acquiring one hundred percent of Citizens’ stock. After the proposed transaction, Citizens will continue to operate as Citizens Telephone Company d/b/a Comporium. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(iii) of the Commission’s rules and that a grant of this application will serve the public interest, convenience, and necessity.8 Application Filed for the Transfer of Control of Citizens Telephone Company of Brevard NC to Rock Hill Telephone Company d/b/a Comporium, WC Docket No. 08-200 (filed Sept. 18, 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 October 14, 2008, and reply comments on or before October 21, 2008. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.9 Comments must be filed electronically using (1) the Commission’s Electronic Comment Filing System (ECFS) or (2) the Federal Government’s eRulemaking 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 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. 5 The trustees are John M. Barnes, Jr. and Charles D. Barnes, both U.S. citizens. 6 The general partners of LAB are Ladson A. Barnes, Jr. and M. Rebecca B. Francis, both U.S. citizens. 7 The trustees are Ladson A. Barnes, Jr., Ladson A. Barnes, III and Frank S. Barnes, Jr., all U.S. citizens. 8 47 C.F.R. § 63.03(b)(2)(iii). 9 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 3 In addition, email 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) Tracey Wilson-Parker, Competition Policy Division, Wireline Competition Bureau, tracey.wilson- parker@fcc.gov; 3) Kimberly Jackson, Competition Policy Division, Wireline Competition Bureau, kimberly.jackson@fcc.gov; 4) David Krech, International Bureau, Policy Division, International Bureau, david.krech@fcc.gov; 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; email: 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 Tracey Wilson-Parker at 202 / 418-1394 or Kimberly Jackson at 202 / 418-7393. - FCC -