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 09-1846 Released: August 21, 2009 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF WH LINK, LLC D/B/A WH COMM BY IOWA TELECOMMUNICATIONS SERVICES, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 09-140 Comments Due: September 4, 2009 Reply Comments Due: September 11, 2009 On August 3, 2009, Wright-Hennepin Holding Company (Wright-Hennepin) and Iowa Telecommunications Services, Inc. (Iowa Telecom) (collectively, Applicants), filed an application pursuant to section 63.03 of the Commission’s rules1 seeking approval to transfer control of substantially all of the assets held by Wright-Hennepin’s direct and wholly-owned subsidiary, WH LINK, LLC d/b/a WH Comm (WH LINK) from WH LINK to Lakedale Link, Inc., a wholly-owned, indirect subsidiary of Iowa Telecom. WH LINK, a Minnesota limited liability corporation, provides competitive local exchange and long distance services in the Anoka, Buffalo, Elk River, Hamel/Medina, Hanover, Osseo/Maple Grove, Plymouth/Fernbrook, Rockford, Rogers, and St. Michael exchanges in Minnesota. Wright-Hennepin, a Minnesota corporation, is wholly-owned, direct subsidiary of Wright-Hennepin Cooperative Electric Association. Iowa Telecom, a publicly-traded Iowa corporation, serves 288 telephone exchanges in Iowa as the incumbent local exchange carrier (LEC). Through its Iowa Telecom Communications, Inc. and IT Communications, LLC subsidiaries, Iowa Telecom serves as a competitive LEC in all exchanges in Iowa in which Qwest is the incumbent LEC. Iowa Telecom also serves 10 exchanges in Minnesota as the incumbent LEC through its Lakedale Telephone Company subsidiary. In addition, Iowa Telecom currently serves 104 exchanges in Minnesota as a competitive LEC through its Lakedale Link, Inc. and Lakedale Link, LLC subsidiaries, and majority-owned EN-TEL Communications, LLC subsidiary. Applicants state that Lakedale Link, Inc. provides competitive LEC service in six of the ten exchanges served by WH LINK and that Lakedale Link, LLC provides competitive LEC service in one exchange served by WH LINK. Applicants state that, to their knowledge, no party directly or indirectly holds a 10 percent or greater equity interest in Iowa Telecom. 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing for the transfer of assets 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 August 19, 2009. Pursuant to the terms of the proposed transaction, Iowa Telecom will acquire substantially all the assets of WH LINK, including, but not limited to, its telecommunications facilities, customer databases, and associated contracts. The assets of the company will be placed in Lakedale Link, Inc. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(ii) of the Commission’s rules and that a grant of the application will serve the public interest, convenience, and necessity.2 Domestic Section 214 Application Filed for the Acquisition of Assets of WH LINK, LLC d/b/a WH Comm by Iowa Telecommunications Services, Inc., WC Docket No. 09-140 (filed Aug. 3, 2009). GENERAL INFORMATION The transfer of assets identified herein has been found, upon initial review, to be acceptable for filing as a streamlined application. The Commission reserves the right to return any transfer 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 CFR § 63.03(a), interested parties may file comments on or before September 4, 2009, and reply comments on or before September 11, 2009. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.3 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) Alex Johns, Competition Policy Division, Wireline Competition Bureau, alexis.johns@fcc.gov; 4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 2 47 C.F.R. § 63.03(b)(2)(ii). 3 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 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 Alex Johns at (202) 418-1167. - FCC -