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 11-696 Released: April 15, 2011 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF CLINTON COUNTY TELEPHONE COMPANY TO GREAT LAKES COMNET, INC. NON-STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 11-52 Comments Due: April 29, 2011 Reply Comments Due: May 6, 2011 Great Lakes Comnet, Inc. (GLC), Clinton County Telephone Company (CCTC), Westphalia Telephone Company (WTC), Westphalia Broadband, Inc. (WBI) and Westphalia Communications Incorporated (WCI) (collectively, Applicants) filed an application, pursuant to section 63.03 of the Commission’s rules,1 to request authority for the transfer of control of CCTC and its wholly owned subsidiaries to GLC. CCTC, a Michigan holding company, wholly owns three subsidiaries, WTC, WBI, and WCI, all of which are Michigan corporations. WTC, an incumbent local exchange carrier (LEC), provides local exchange service and other telecommunications services to business and residential customers in the Westphalia exchange. WCI provides domestic toll service in the Westphalia, Fowler, St. Johns and DeWitt exchanges. WBI is a competitive LEC providing service in the Michigan DeWitt, St. Johns and Fowler exchanges. GLC, a privately-held Michigan corporation, is a competitive access provider whose network facilities provide tandem switching, long-haul Internet connectivity, video and other transport and Signaling System 7 service in 80 counties in Michigan and provides transport services in portions of Ohio, Indiana, and Illinois. GLC’s customers are incumbent LECs, competitive LECs, toll service providers, and data and video providers. WTC’s service areas and GLC’s service areas overlap in the Westphalia, DeWitt and St. John’s exchanges. GLC provides tandem switching and transport services to other carriers in the Westphalia exchange. GLC’s fiber network passes through the DeWitt and St. John’s exchanges, where GLC resells its toll services to WCI. GLC’s wholly owned subsidiary, Comlink provides point-to-point private lines services, as well as toll services, throughout Michigan. GLC Acquisition Co. does not provide any telecommunications service, but is a newly-created entity whose sole purpose is to accomplish the proposed transaction. The following U.S. entities hold, directly or 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants also filed an application for transfer of control associated with authorizations for international services. Any action on this domestic section 214 application is without prejudice to Commission action on other pending applications. Applicants filed a supplement to their application on April 11, 2011. 2 indirectly, a ten percent or greater interest in GLC: Ace Telephone Company of Michigan (ATCM) (28 percent); Ace Telephone Association (28 percent), which wholly owns ATCM; Bloomingdale Communications, Inc. (BCI) (12 percent); and Bloomingdale Telephone Company (12 percent), which wholly owns BCI.2 No other entity holds a ten percent or greater equity interest in ATA or GLC. Pursuant to the Purchase Agreement, on December 17, 2010, GLC and CCTC executed and entered into an Agreement and Plan of Merger whereby a wholly owned subsidiary of GLC would merge into CCTC, with CCTC being the surviving entity. As a result of the proposed transaction, CCTC would be wholly owned and directly controlled by GLC. After consummation of the proposed transaction, CCTC’s three subsidiaries, WTC, WCI, and WBI, would be GLC’s indirect subsidiaries. Domestic Section 214 Application Filed for the Transfer of Control of Clinton County Telephone Company to Great Lakes Comnet, Inc., WC Docket No. 11-52 (filed Mar. 10, 2011). 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 April 29, 2010. Replies or oppositions to comments and petitions must be filed no later than May 6, 2010. All filings concerning matters referenced in this Public Notice should refer to DA 11-696 and WC Docket No. 11-52, 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. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. 2 No ten percent or greater interest holder in BTC holds an attributable ten percent or greater interest in GLC. 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 § 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., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488-5563; 2) Tracey Wilson-Parker, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-A103, Washington, D.C. 20554; e-mail: tracey.wilson-parker@fcc.gov; 3) Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-B155, Washington, D.C. 20554; e-mail: dennis.johnson@fcc.gov; 4) David Krech, Policy Division, International Bureau, 445 12th Street, S.W., Room 7-A664 Washington, D.C. 20554; e-mail: david.krech@fcc.gov; and 5) Jim Bird, Office of General Counsel, 445 12th Street, S.W., Room 8-C824, Washington, D.C. 20554; e-mail: jim.bird@fcc.gov. Filings and comments are also 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, or via e-mail www.bcpiweb.com. For further information, please contact Tracey Wilson-Parker at (202) 418-1394, or Dennis Johnson at (202) 418-0809. -FCC-