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 09-2622 Released: December 22, 2009 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN ASSETS OF INTEGRA TELECOM OF OREGON, INC. AND ITS AFFILIATES BY EASTERN OREGON TELECOM, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 09-226 Comments Due: January 5, 2010 Reply Comments Due: January 12, 2010 On December 8, 2009, Integra Telecom of Oregon, Inc. (Integra) and its affiliates, Eschelon Telecom of Oregon, LLC, United Communications, Inc. d/b/a UNICOM, Oregon Telecom, Inc., ATI, Inc., and Shared Communications, Inc., and Eastern Oregon Telecom, LLC (Eastern Oregon) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules to transfer certain assets of Integra and its affiliates located in Pendleton and Hermiston, Oregon to Eastern Oregon. 1 Integra and its parent company, Integra Telecom Holdings, Inc. (Integra Holdings), are Oregon corporations.2 Integra Holdings previously purchased the affiliates identified above, all of which provide, through Integra, competitive resold local exchange services to customers in Pendleton and Hermiston, Oregon where Qwest Corporation is the incumbent local exchange carrier (LEC). Eastern Oregon, an Oregon limited liability company, provides competitive LEC and long distance services in Eastern Oregon, including in Hermiston and Pendleton. It has a single member, Eastern Oregon Holding Company, LLC, which in turn consists of several Oregon cooperative corporations. Applicants state that no entity has a direct or indirect 10 percent or greater interest in Eastern Oregon. Pursuant to the terms of the proposed transaction, Eastern Oregon will acquire approximately 463 customers that Integra and its affiliates presently serve through the resale of incumbent LEC service. Applicants assert that the proposed transaction 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.3 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants filed supplements to their domestic section 214 application on December 17 and December 18, 2009. 2 The following U.S.-based entities own 10 percent or more of the ultimate parent company of Integra, Integra Telecom, Inc.: Goldman, Sachs & Co. (36.4 percent), Tennenbaum Capital Partners, LLC (21.9 percent), and Farallon Capital Management, L.L.C (10.2 percent). The managing members of Farallon Capital Management, L.L.C. have U.S. and foreign citizenship. 3 47 C.F.R. § 63.03(b)(2)(i). Domestic Section 214 Application Filed for the Acquisition of Certain Assets of Integra Telecom of Oregon, Inc. and its Affiliates by Eastern Oregon Telecom, LLC, WC Docket No. 09-226 (filed Dec. 8, 2009). GENERAL INFORMATION The Wireline Competition Bureau finds, upon initial review, that the transfer of certain assets identified herein is 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 C.F.R. § 63.03(a), interested parties may file comments on or before January 5, 2010, and reply comments on or before January 12, 2010. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.4 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) Jodie.May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov; 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. 4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 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 Jodie May at (202) 418-0913. -FCC-