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 13-1521 Released: July 3, 2013 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN ASSETS OF MEXTEL CORPORATION, LLC D/B/A/ LIFETEL BY UTPHONE, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 13-155 Comments Due: July 17, 2013 Reply Comments Due: July 24, 2013 On June 11, 2013, MexTel Corporation, LLC d/b/a LifeTel (LifeTel) and UTPhone, Inc. (UTPhone) (together, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer certain assets of LifeTel to UTPhone. Applicants consummated the transaction without prior authorization from the Commission on December 8, 2011.2 LifeTel, an Oklahoma limited-liability company, remains an active corporate entity, but is no longer a certified competitive local exchange carrier (LEC) in Oklahoma. LifeTel still holds domestic authority to provide interstate telecommunications services. UTPhone, an Oklahoma corporation, currently holds domestic authority to provide interstate telecommunications services. UTPhone is a certified competitive LEC and Eligible Telecommunications Carrier in Oklahoma and provides primarily Lifeline service in that state. UTPhone is owned by the following U.S. entities/citizens: Jason Ledlow (50 percent) and the GWH Revocable Trust (George Huffman, trustee) (50 percent). 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing applications for transfer of control associated with authorization for international services. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed supplements to their applications on June 11 and July 2, 2013. 2 On June 18, 2013, the Wireline Competition Bureau granted Applicants’ request for Special Temporary Authority for a period of 60 days for authorization to continue to provide service pending approval of this application. A grant of the application will be without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission’s rules. Letter from Ross A. Buntrock and Katherine E. Barker Marshall, Counsel for LifeTel, James M. Smith, Counsel to UTPhone, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-155 (filed June 11, 2013). On December 8, 2011, applicants consummated a transaction whereby approximately one-third of LifeTel’s customers were transferred to UTPhone.3 After consummation of this and related transactions, LifeTel ceased operations in Oklahoma. 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 Domestic Section 214 Application Filed for the Acquisition of Certain Assets of MexTel Corporation, LLC d/b/a LifeTel to UTPhone, Inc., WC Docket No. 13-155 (filed June 11, 2013). GENERAL INFORMATION The transfer of control identified herein has been found, upon initial review, to be 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 CFR § 63.03(a), interested parties may file comments on or before July 17, 2013, and reply comments on or before July 24, 2013. Pursuant to section 63.52 of the Commission’s rules, 47 C.F.R. § 63.52, commenters must serve a copy of comments on the Applicants no later than the above comment filing date. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.5 Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties to this proceeding should file any documents in this proceeding using the Commission’s Electronic Comment Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. In addition, e-mail one copy of each pleading to each of the following: 1) Myrva Charles, Competition Policy Division, Wireline Competition Bureau, myrva.charles@fcc.gov; 2) Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, dennis.johnson@fcc.gov; 3) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 4) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. 3 Approximately two-thirds of the customers were transferred to TerraCom, Inc., as described in separate application involving LifeTel and TerraCom, Inc. See Domestic 214 Application Filed for the Acquisition of Certain Assets of MexTel Corporation, LLC d/b/a LifeTel by TerraCom, Inc., WC Docket 13-154 (filed June 11, 2013). Applicants state that they notified a small portion of the customer base that LifeTel was discontinuing service, and the customers would not be transferred to either TerraCom or UTPhone, Inc., because neither were certified to provide local exchange service in those customers’ service area. The notices to these customers, primarily in the operating area of Windstream, specified that LifeTel was discontinuing service and those customers would need to obtain service from a different carrier. 4 47 C.F.R. §63.03(b)(2)(i). 5 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). The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, please contact Myrva Charles at (202) 418-1506 or Dennis Johnson at (202) 418-0809. - FCC - 6 47 C.F.R. §§ 1.1200 et seq.