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 10-2412 Released: December 23, 2010 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF S.D. TELECOMMUNICATIONS, INC. BY FIRST CHOICE TECHNOLOGY, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 10-258 Comments Due: January 6, 2011 Reply Comments Due: January 13, 2011 On December 16, 2010, First Choice Technology, Inc. (First Choice) and S.D. Telecommunications, Inc. (SDTI) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer the assets of SDTI to First Choice. SDTI, a California corporation, operates as a reseller of interstate long distance service in California. Paul Cohen, a U.S. citizen, wholly owns SDTI. First Choice, a Delaware corporation, operates as a reseller of interstate long distance service in 38 states.2 The following U.S. citizens own First Choice: Scott Howsare (33.3 percent), Leon Nowalsky (33.3 percent), and Robert Sorrentino (33.3 percent). Mr. Sorrentino also owns several U.S.-based telecommunications carriers that provide long distance services in multiple states.3 Pursuant to the terms of the proposed transaction, First Choice will acquire substantially all of the assets of SDTI, and SDTI will relinquish its domestic section 214 authority simultaneous with consummation of the proposed transaction. 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.4 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants filed a supplement to their application on December 22, 2010. 2 Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. 3 These companies are Reduced Rate Long Distance, LLC, Reliant Communications, Inc., and Advantage Telecommunications Corp. Mr. Sorrentino also owns Horizon Telecom that Applicants state is not currently operational. 4 47 C.F.R. § 63.03(b)(2)(i). Domestic Section 214 Application Filed for the Acquisition of Assets of S.D. Telecommunications, Inc. by First Choice Technology, Inc., WC Docket No. 10-258 (filed Dec. 16, 2010). 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 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 6, 2011, and reply comments on or before January 13, 2011. 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) 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 5 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 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-