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 08-882 Released: April 15, 2008 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF KEYSPAN COMMUNICATIONS CORP. TO LIGHT TOWER FIBER LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 08-53 Comments Due: April 29, 2008 Reply Comments Due: May 6, 2008 On April 7, 2008, National Grid USA (National Grid), KeySpan Services, Inc. (KeySpan Services), Light Tower Holdings LLC (Light Tower Holdings), and Light Tower Fiber LLC (Light Tower Fiber) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules to transfer control of KeySpan Communications Corp. (KeySpan Communications) to Light Tower Holdings’s indirect subsidiary, Light Tower Fiber.1 KeySpan Communications, a New York corporation, is a wholly owned subsidiary of KeySpan Services, a Delaware corporation that is an indirect, wholly owned subsidiary of National Grid, the parent of which is an energy company based in the United Kingdom. KeySpan Communications provides private line and special access services primarily in New York and New Jersey. Light Tower Holdings and Light Tower Fiber, both Delaware limited liability companies, provide competitive telecommunications services primarily to wireless carriers in multiple states. The following U.S. based entities hold a 10 percent or greater equity interest in Light Tower Holdings: WCP Fund II, LP (42.89%) 2 and M/C Venture Partners VI, LP (41.16%).3 Pursuant to the terms of the proposed transaction, KeySpan Communications will be merged into Light Tower Fiber Long Island LLC, a Delaware limited liability company owned by KeySpan Services. At closing, Light Tower Fiber will acquire KeySpan Services’ interest in Light Tower Fiber Long Island LLC. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants filed a supplement to their application on April 15, 2008. 2 Applicants state that the general partner of WCP Fund II, L.P. is Wachovia Investors, Inc., a North Carolina corporation, owned by Wachovia Corp., also a North Carolina corporation. Applicants state that no entity holds a 10 percent or greater interest in Wachovia Corp. and that none of these entities hold a 10 percent or greater interest in other telecommunications providers. 3 Applicants state that the general partner of M/C Venture Partners, VI, L.P. is M/C VP VI, L.P. and that the general partner of that entity is M/C Venture Partners, LLC, both Delaware entities. They further state that James F. Wade and John W. Watkins, both U.S. citizens, each control 10 percent or more of the equity interests in M/C Venture Partners, LLC. The M/C Venture entities and their affiliates have a 10 percent or greater ownership interest in U.S.- based wireline and wireless telecommunications carriers that provide service in multiple states. 2 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 KeySpan Communications Corp. to Light Tower Fiber LLC, WC Docket No. 08-53 (filed April 7, 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 April 29, 2008, and reply comments on or before May 6, 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) Tracey Wilson-Parker, Competition Policy Division, Wireline Competition Bureau, tracey.wilson-parker@fcc.gov; 3) Matt Warner, Competition Policy Division, Wireline Competition Bureau, matthew.warner@fcc.gov; 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 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 Tracey Wilson-Parker at 202 / 418-1394 or Matt Warner at 202 / 418-2419. – FCC –