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 13-1619 Released: July 23, 2013 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN ASSETS OF THE SOUTH CANAAN COMPANIES BY LAUREL HIGHLAND TOTAL COMMUNICATIONS, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 13-183 Comments Due: August 6, 2013 Reply Comments Due: August 13, 2013 On July 16, 2013, South Canaan Telephone Company (SCTC), South Canaan Long Distance Company (SCLD) (together, the South Canaan Companies) and Laurel Highland Total Communications, Inc. (LHTOC) (together, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer certain assets of the South Canaan Companies to LHTOC. The South Canaan Companies, each of which is a Pennsylvania corporation, provide telecommunications services in northeastern Pennsylvania. SCTC, an incumbent local exchange carrier (incumbent LEC) provides local exchange and exchange access service to subscribers (approximately 2,100 access lines) in and around the town of South Canaan, in portions of Wayne and Lackawanna Counties. SCLD provides long distance service in the same area served by the SCTC. LHTOC, a Pennsylvania corporation, is affiliated with two incumbent LECs, Yukon-Waltz Telephone Company (YWTC) and Laurel Highland Telephone Company (LHTC). YWTC provides local exchange and exchange access service to subscribe in and around the town of Yukon in Westmoreland County in southwest Pennsylvania. YWTC operates one exchange and has approximately 650 access lines. LHTC provides local exchange and exchange access services to subscribers (approximately 4,400 access lines) in Westmoreland and Fayette Counties, Pennsylvania. LHTC has a competitive LEC division that provides competitive services in portions of Fayette and Westmoreland Counties that are wholly outside the service area of YWTC, LHTC and SCTC. No shareholder owns a ten percent or greater interest in LHTOC. Operational control of LHTOC rests with its Board of Directors and its President and CEO.2 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants also filed an application 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. 2 The following U.S. citizens comprise the Board of Directors and the President and CEO of LHTOC are as follows: Ralph Hunter, Chairman of the Board; Morgan D. Withrow, Vice Chairman of the Board; Connie B. Beam, LHTOC and SCTC entered into an agreement whereby SCTC will sell all assets related to its provision of local exchange and exchange access to LHTOC and South Canaan Long Distance Company (SCLD) will sell all assets related to the provision of interexchange domestic long distance services to LHTOC. As part of this sale of assets, LHTOC will direct such assets related to the provision of local exchange and exchange access and the provision of interexchange domestic long distance services to Stahlstown Telco, Inc. (STI) and Stahlstown Ldco, Inc. (SLDI). The South Canaan Companies have agreed to allow STI and SLDI to use the existing names of the South Canaan Companies. Pursuant to the terms of the proposed transaction, the new SCTC and new SCLD will continue to provide services to the current customers of the South Canaan Companies. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under sections 63.03(b)(2)(ii) and (iii) of the Commission’s rules and that a grant of the application will serve the public interest, convenience, and necessity.3 Domestic Section 214 Application Filed for the Acquisition of Certain Assets of the South Canaan Companies by Laurel Highland Total Communications, Inc., WC Docket No. 13-183 (filed July 16, 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 August 6, 2013, and reply comments on or before August 13, 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.4 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. Secretary and Board Member; J. Harold Saylor, Board Member; John E. Shaffer, Board Member; James J. Kail, President and CEO. 3 47 C.F.R. §§ 63.03(b)(2)(ii) and (iii). 4 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.5 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 - 5 47 C.F.R. §§ 1.1200 et seq.