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 10-1942 Released: October 7, 2010 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF VILLISCA FARMERS TELEPHONE COMPANY TO THE FARMERS MUTUAL TELEPHONE COMPANY OF STANTON, IOWA NON-STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 10-195 Comments Due: October 21, 2010 Reply Comments Due: October 28, 2010 On September 20, 2010, Villisca Farmers Telephone Company (Villisca) and The Farmers Mutual Telephone Company of Stanton, Iowa (FMTC) (collectively, the Applicants) filed an application pursuant to section 63.03 of the Commission’s rules for the transfer of control of Villisca to FMTC.1 Villisca, an Iowa corporation, is an independent local exchange carrier (LEC) that provides local exchange telephone service and exchange access services to two exchanges (Villisca and Nodaway) in Montgomery, Adams, Page and Taylor Counties in southwestern Iowa. Villisca serves a total of approximately 834 access lines in these two Iowa exchanges. Villisca also resells intrastate and interstate long distance toll services within its local exchange service areas. RSA 1 Limited Partnership d/b/a Chat Mobility f/d/b/a Cellular 29 Plus (Chat Mobility), an Iowa limited partnership with wireless operations serving primarily small communities and rural customers in markets located in southwestern Iowa, including the exchange areas of Villisca and FMTC. Villisca owns a 7.62 percent limited partnership interest in Chat Mobility and a ten percent ownership interest in Cellular 29, Ltd. (Cellular 29), an Iowa corporation and the corporate general partner of Chat Mobility. Villisca’s interests in Cellular 29, Ltd. is subject to a right of first refusal, which has been exercised by the partnership and the corporation, respectively, in connection with this proposed transaction. FMTC, an Iowa corporation, is an independent LEC that provides local exchange telephone service and exchange access to three exchanges (Stanton, Bethesda and New Market) in Montgomery, Page and Taylor Counties in southwestern Iowa. FMTC services a total of approximately 992 access lines in these three Iowa exchanges. FMTC resells intrastate and interstate long distance toll services within its local exchange service areas. FMTC is an authorized dealer for the cellular services of Chat Mobility in the Stanton, Iowa area. FMTC owns a non-controlling 10.28 percent limited partnership 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants filed an application for transfer of control associated with authorizations for international services. Any action on this domestic 214 application is without prejudice to Commission action on other, pending applications. On October 4, 2010, Applicants filed a supplement to their application. 2 interest in Chat Mobility and a ten percent ownership interest in Cellular 29. FMTC has no other subsidiaries or affiliates that offer telecommunications services. Applicants state that no entity or individual has a direct or indirect ownership interest of ten percent or more in FMTC. The proposed transaction consists of the acquisition of all of the issued and outstanding shares of common stock of Villisca by FMTC from the existing shareholders of Villisca. Villisca will continue to exist as an Iowa corporation, and as an incumbent LEC that provides interstate exchange access services and interstate interexchange services. After consummation of the proposed transaction and redemption of Villisca’s limited partnership interest, FMTC will own an approximately 11.4 percent limited partner interest in Chat Mobility and an approximately 11.11 percent shareholder interest in Cellular 29. The Applicants do not seek streamlined treatment for this application under section 63.03(b) of the Commission’s rules because Villisca’s Nodaway and Villisca exchanges are adjacent to FMTC’s Stanton, Bethesda and New Market exchanges.2 The Applicants assert the proposed transaction will promote and preserve competition in the domestic market and will not result in harm to competition in any relevant market. GENERAL INFORMATION The application referenced herein has 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. Interested parties must file comments or petitions to deny no later than October 21, 2010. Replies or oppositions to comments and petitions must be filed no later than October 28, 2010. All filings concerning matters referenced in this Public Notice should refer to DA 10-1942 and WC Docket No. 10-195, 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,3 submissions in this matter may be filed electronically (i.e., though ECFS) or by hand delivery. § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. 2 47 C.F.R. § 63.03(b). 3 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 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). 3 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 must be addressed to 445 12th Street, SW, Washington DC 20554. 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). Additionally, filers must deliver courtesy copies by email or facsimile to the following Commission staff: 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) Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, dennis.johnson@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. 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 Dennis Johnson at (202) 418-0809. -FCC-