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 08-697 Released: March 25, 2008 NOTICE OF REMOVAL OF DOMESTIC SECTION 214 APPLICATION FROM STREAMLINED TREATMENT WC Docket No. 08-1 The Wireline Competition Bureau (WCB) has removed this application from streamlined treatment pursuant to the Commission’s procedures for domestic section 214 transfer of control applications.1 Section 63.03(c)(1)(v) of the Commission’s rules provides that, at any time after an application is filed, the Commission, acting through the Chief of WCB, may notify an applicant that its application is being removed from streamlined processing where the Commission “determines that the application requires further analysis to determine whether a proposed transfer of control would serve the public interest.”2 Domestic Section 214 Application Filed for the Transfer of Control of USCarrier Telecom Holdings, LLC and USCarrier Telecom, LLC to American Fiber Systems, Inc., WC Docket No. 08-1 (filed Dec. 26, 2007). On March 11, 2008, the Commission released a public notice accepting for streamlined processing the domestic section 214 application to transfer control of USCarrier Telecom Holdings, LLC and USCarrier Telecom, LLC to American Fiber Systems, Inc.3 On March 14, 2008, the Department of Justice, together with the Federal Bureau of Investigation (collectively, the Executive Branch Agencies), filed a letter requesting that the Commission defer grant of this application while the Executive Branch Agencies address potential national security, law enforcement, and public safety issues.4 This application is being removed from streamlined review in response to the request filed by the Executive Branch Agencies. Final action on this application should be expected once the Commission has received notification from the Executive Branch Agencies that the evaluation has been completed, but not later than 180 days from public notice that the application was accepted for filing.5 1 47 U.S.C. 214; 47 C.F.R. § 63.03; Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, 17 FCC Rcd 5517 (2002) (Streamlining Order). 2 See 47 C.F.R. § 63.03(c)(1)(v). 3 Domestic Section 214 Application Filed For the Transfer of Control of USCarrier Telecom Holdings, LLC and USCarrier Telecom, LLC to American Fiber Systems, WC Docket No. 08-1, Public Notice, DA 08-549 (rel. Mar. 11, 2008). 4 See Letter from John Connors, U.S. Department of Justice, to Marlene H. Dortch, FCC, WC Docket No. 08-1 (filed Mar. 24, 2008). 5 See 47 C.F.R. § 63.03(c)(2). 2 For further information, please contact Matt Warner, Competition Policy Division, Wireline Competition Bureau, at 202 / 418-2419. – FCC –