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 08-2212 Released: October 1, 2008 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN ASSETS OF ELITVIEW, LLC D/B/A GROVELINE BY BCN TELECOM, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 08-203 Comments Due: October 15, 2008 Reply Comments Due: October 22, 2008 On September 19, 2008, BCN Telecom, Inc. (BCN) and EliteView, LLC d/b/a GroveLine (EliteView) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules requesting approval for the transfer of certain assets of EliteView to BCN.1 EliteView, a Massachusetts corporation, is authorized to provide interstate and intrastate telecommunications service in 24 states2 and resold local exchange service in nine states.3 BCN, a privately-owned holding company organized under New Jersey law, is an authorized reseller of intrastate interexchange telecommunications services throughout the United States, with the exception of Alaska, and has resold local exchange authority in 25 states and the District of Columbia.4 The sole owner of BCN is Telecom Acquisition Company, LLC, a New Jersey limited liability corporation.5 Pursuant to the terms of the proposed transaction, BCN will acquire the local exchange and interstate, interexchange customer base of EliteView, and EliteView will retain its telecommunications authorizations in order to continue to provide services other than the business being acquired by BCN. Applicants assert that the proposed transaction 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 international services. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed a supplement to their application on September 30, 2008. 2 California, Colorado, Florida, Iowa, Idaho, Illinois, Indiana, Kentucky, Massachusetts, Maine, Minnesota, Missouri, North Carolina, New Jersey, New York, New Hampshire, Michigan, Ohio, Oregon, Pennsylvania. Rhode Island, Texas, Washington, and Wisconsin. 3 California, Maine, New Jersey, New York, New Hampshire, Oregon, Rhode Island, Washington, and Wisconsin. 4 Alabama, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, and West Virginia. 5 The following individuals, both U.S. citizens, currently hold a ten percent or greater direct or indirect interest in Telecom Acquisition Company, LLC: Richard Boudria and William P. Mulcahy. No other person or entity owns, directly or indirectly ten percent or more of the equity of BCN. 2 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.6 Application Filed for the Acquisition of Certain Assets of EliteView, LLC d/b/a Groveline by BCN Telecom, Inc., WC Docket No. 08-203 (filed Sept. 19, 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 15, 2008, and reply comments on or before October 22, 2008. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.7 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. 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) Alex Johns, Competition Policy Division, Wireline Competition Bureau, alexis.johns@fcc.gov; 4) David Krech, International Bureau, Policy Division, International Bureau, david.krech@fcc.gov; 6 47 C.F.R. § 63.03(b)(2)(i). 7 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 3 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 Alexis Johns at 202 / 418-1167. - FCC -