PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 09-791 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: April 7, 2009 APPLICATIONS FILED FOR THE TRANSFER OF CONTROL OF CENTURYTEL, INC. AND ITS SUBSIDIARIES WC Docket No. 08-238 PLEADING CYCLE ESTABLISHED Comments/Petitions to Deny Due: May 7, 2009 Responses/Oppositions Due: May 22, 2009 CenturyTel, Inc. (CenturyTel) and its subsidiaries (together, Applicants) filed a series of applications pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended.1 In these applications, the Applicants seek Commission approval of the transfer of control of wireless licenses and international section 214 authorizations held by CenturyTel’s subsidiaries to CenturyTel.2 CenturyTel also seeks transfer of receive-only earth station registrations. These Applications are part of a proposed transaction whereby Embarq Corporation (Embarq) will become a direct, wholly-owned subsidiary of CenturyTel.3 The applications seeking consent to transfer control of Embarq to CenturyTel were placed on public notice on December 9, 2008, in WT Docket No. 08-238.4 Any comments or petitions to deny should relate to the transfer of control of CenturyTel’s subsidiaries and should not repeat arguments that were made, or could have been made, with respect to the transfer of control of Embarq or the combination of the two companies. 1 47 U.S.C. §§ 214, 310(d) 2 In addition, Applicants’ application for approval to transfer control of Embarq’s domestic Section 214 authorization noted that, if the Commission chose, it could treat the application as one for the transfer of control of all Section 214 authorizations held by both CenturyTel and Embarq. Embarq Corporation, Transferor, and CenturyTel, Inc., Transferee, Application for Transfer of Control of Domestic Authorizations Under Section 214 of the Communications Act, as Amended, WC Docket No. 08-238, at 4 n.6 (filed Nov. 26, 2008). We hereby do so. Applicants state that the stockholders of pre-transaction Embarq are expected to own approximately 66% of post- transaction CenturyTel, and the shareholders of pre-transaction CenturyTel are expected to own approximately 34% of post-transaction CenturyTel. The post-transaction CenturyTel board will be composed of eight CenturyTel- appointed directors and seven Embarq-appointed directors. Applications Filed for the Transfer of Control of Embarq Corporation to CenturyTel, Inc., WC Docket No. 08-238, Public Notice, DA 08-2681, at 2 n.6 (rel. Dec. 9, 2008) (CenturyTel-Embarq Public Notice). 3 See generally id. at 2. 4 See id. at 1. For additional information regarding the transfer of control of CenturyTel and its subsidiaries and the transfer of control of Embarq to CenturyTel, please see the CenturyTel-Embarq Public Notice and the applications listed therein. 2 SECTION 310(d) APPLICATIONS WIRELESS LICENSES The following applications for consent to the transfer of wireless licenses have been assigned the file numbers listed below. File No. Licensee Lead Call Sign 0003788276 Actel, LLC WPLM449 0003786855 Cascade Autovon Company KNKH863 0003786963 CenturyTel Broadband Services, LLC WQGC937 0003788286 CenturyTel Broadband Wireless, LLC WQGB236 0003786968 CenturyTel Fiber Company II, LLC WPSR450 0003788287 CenturyTel Investment of Texas, Inc. KNLG238 0003787027 CenturyTel of Adamsville, Inc. KNAJ618 0003787075 CenturyTel of Alabama, LLC WFY653 0003787078 CenturyTel of Arkansas, Inc. KNKG844 0003787079 CenturyTel of Central Arkansas, LLC KA53549 0003787082 CenturyTel of Central Indiana, Inc. WPCK831 0003787083 CenturyTel of Central Louisiana, LLC KRA982 0003787084 CenturyTel of Claiborne, Inc. WRM205 0003787085 CenturyTel of Colorado, Inc. WMQ709 0003787086 CenturyTel of Cowiche, Inc. WHA647 0003787088 CenturyTel of Eagle, Inc. KBC96 0003787089 CenturyTel of Eastern Oregon, Inc. KDJ674 0003787090 CenturyTel of Evangeline, LLC KZX579 0003787091 CenturyTel of Idaho, Inc. KNHP406 0003787092 CenturyTel of Inter Island, Inc. KNKI716 0003787099 CenturyTel of Lake Dallas, Inc. KB6738 0003787100 CenturyTel of Larsen Readfield, LLC WNKW579 0003787102 CenturyTel of Michigan, Inc. KNKS204 0003787104 CenturyTel of Midwest-Michigan, Inc. KNKS208 0003787669 CenturyTel of Missouri, LLC KJE503 0003787670 CenturyTel of Montana, Inc. KPG94 0003787671 CenturyTel of Mountain Home, Inc. KDK315 0003787673 CenturyTel of Northern Wisconsin, LLC WNSU421 0003787674 CenturyTel of Northwest Arkansas, LLC WNSD631 0003787675 CenturyTel of Northwest Wisconsin, LLC WNDD228 0003787676 CenturyTel of Odon, Inc. WPCK886 0003787678 CenturyTel of Ohio, Inc. KKK916 0003787680 CenturyTel of San Marcos, Inc. KFD427 0003787683 CenturyTel of Southeast Louisiana, LLC KZX578 3 0003787684 CenturyTel of Southern Wisconsin, LLC KNGX448 0003787686 CenturyTel of the Gem State, Inc. WDZ806 0003787687 CenturyTel of the Midwest-Kendall, LLC KPRG595 0003787688 CenturyTel of the Midwest-Wisconsin, LLC KNAZ701 0003787691 CenturyTel of the Southwest, Inc. KNKG836 0003787692 CenturyTel of Upper Michigan, Inc. KNKP350 0003787693 CenturyTel of Washington, Inc. KGN894 0003787695 CenturyTel of Wisconsin, LLC WPHN901 0003787696 CenturyTel of Wyoming, Inc. KNKH883 0003787700 CenturyTel Security Systems, Inc. WPCI524 0003788071 CenturyTel Service Group, LLC WPJK533 0003788283 CenturyTel Solutions, LLC WPLM450 0003787736 Coastal Utilities, Inc. KNKK960 0003787737 Gallatin River Communications, LLC KA6609 0003787740 Gulf Telephone Company WPTC630 0003787744 Spectra Communications Group, LLC KNCX720 EARTH STATION LICENSE The following application for consent to the transfer of earth station registrations has been assigned the file number listed below. File No. Authorization Holder Call Signs SES-T/C-20090330-00383 CenturyTel Televideo, Inc. E5214, WY78 INTERNATIONAL SECTION 214 AUTHORIZATIONS The following applications for consent to the transfer of control of section 214 authorizations have been assigned the file numbers listed below. File No. Authorization Holder Authorization Number ITC-T/C-20090330-00138 CenturyTel Long Distance, LLC ITC-214-19990224-00099 ITC-T/C-20090330-00139 Coastal Long Distance Services LLC ITC-214-19930720-00130 ITC-T/C-20090330-00140 Gulf Long Distance LLC ITC-214-19930622-00106 ITC-T/C-20090330-00141 Madison River Communications Corp ITC-214-20000706-00385 ITC-T/C-20090330-00142 Madison River Long Distance Solutions LLC ITC-214-19980820-00614 4 EX PARTE STATUS OF THIS PROCEEDING Pursuant to section 1.1200(a) of the Commission’s rules,5 the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. We announce that this proceeding will be governed by permit-but-disclose ex parte procedures that are applicable to non-restricted proceedings under section 1.1206 of the Commission’s rules.6 We direct parties making oral ex parte presentations to the Commission’s statement re- emphasizing the public’s responsibility in permit-but-disclose proceedings. Parties are reminded that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed.7 More than a one- or two-sentence description of the views and arguments presented is generally required.8 Other rules pertaining to oral and written presentations are set forth in section 1.1206(b) as well.9 We urge parties to use the Electronic Comment Filing System (ECFS) to file ex parte submissions. GENERAL INFORMATION The applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules or policies. Final action on these applications will not be taken earlier than thirty-one days following the date of this Public Notice.10 Interested parties must file comments or petitions to deny no later than May 7, 2009. Persons and entities that timely file comments or petitions to deny may participate fully in the proceeding, including seeking access to any confidential information that may be filed under a protective order (subject to the restrictions contained in the protective order) and seeking reconsideration of decisions. Responses or oppositions to comments and petitions, if any, must be filed no later than May 22, 2009. All filings concerning matters referenced in this Public Notice should refer to DA 09-791 and WC Docket No. 08-238, as well as the specific file numbers of the individual applications or other matters to which the filings pertain. Under the Commission’s procedures for the submission of filings and other documents,11 submissions in this matter may be filed electronically (i.e., though ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. 5 47 C.F.R. § 1.1200(a). 6 Id. § 1.1206. 7 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). 8 See 47 C.F.R. § 1.1206(b)(2). 9 Id. § 1.1206(b). 10 See 47 U.S.C. § 309(b). 11 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for 5 · Electronic Filers:12 Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties also may 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. · Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to the Commission's duplicating contractor, Best Copy and Printing, Inc., at fcc@bcpiweb.com or 202 / 488-5563 (facsimile). Additionally, filers must deliver courtesy copies by email or facsimile to the following Commission staff: · David Krech, Policy Division, International Bureau, at David.Krech@fcc.gov or 202 / 418- 2824 (facsimile); · Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, at dennis.johnson@fcc.gov or 202 / 418-1413 (facsimile); General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 16705 (2003). 12 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 6 · Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at erin.mcgrath@fcc.gov or 202 / 418-7224 (facsimile); and · Jim Bird, Office of General Counsel, at jim.bird@fcc.gov or 202 / 418-2822 (facsimile). Copies of the Applications and any subsequently-filed documents in this matter may be obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via telephone at 202 / 488-5300, via facsimile at 202 / 488-5563, or via e-mail at fcc@bcpiweb.com. The Applications and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The Applications also are available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http://www.fcc.gov. People with Disabilities: To request this Public Notice in accessible formats (computer diskette, large print, audio recording, and Braille) send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202 / 418-0530 (voice), 202 / 418-0432 (tty). For further information, contact Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, at 202 / 418-0809; David Krech, Policy Division, International Bureau, at 202 / 418-7443; or Erin McGrath, Mobility Division, Wireless Telecommunications Bureau, at 202 /418-2042. -FCC-