PUBLIC NOTICE Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov DA 14-605 Released: May 2, 2014 APPLICATION GRANTED FOR THE TRANSFER OF CONTROL OF OXFORD COUNTY TELEPHONE & TELEGRAPH COMPANY WC Docket No. 14-12 On January 16, 2014, Oxford County Telephone & Telegraph Company (Oxford T&T), Oxford Telephone Company (Oxford), Oxford West Telephone Company (Oxford West), Oxford County Telephone Service Company (Oxford Service), Northeast Competitive Access Providers, LLC (Northeast), and Revolution Networks, LLC (Revolution), (collectively, the Oxford Companies), and Oxford Networks Holdings, Inc. (Oxford Holdings), (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules 1 to transfer control of Oxford T&T (the direct parent of Oxford, Oxford West and Oxford Service, and the super-majority owner of Northeast and, indirectly, Revolution) 2 to Oxford Holdings. Oxford and its subsidiaries provide incumbent and competitive local exchange services, exchange access services, and interexchange and transport services. The Wireline Competition Bureau (Bureau) has determined that grant of the Application, as conditioned, serves the public interest, and accordingly the Application is granted with the conditions stated herein. On April 30, 2014, the Department of Justice, including the Federal Bureau of Investigation, with the concurrence of the Department of Homeland Security (collectively, the Executive Branch Agencies), submitted a Petition to Adopt Conditions to Authorizations and Licenses (Petition). 3 In the Petition, the Executive Branch Agencies advise the Commission that they have no objection to the Commission granting its consent in this proceeding, provided the Commission conditions the grant on the commitments of Oxford Holdings and Oxford T&T to abide by the April 28, 2014 Letter of Assurances (Letter of Assurances) that addresses national security, law enforcement, and public safety concerns. 4 The Executive Branch Agencies filed the Letter of Assurances in WC Docket No. 14-12 on April 30, 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. 2 Oxford T&T owns 99% of the membership interest in Northeast; Oxford Service, a wholly-owned subsidiary of Oxford T&T, owns the remaining 1%. Revolution is a wholly-owned subsidiary of Northeast. Oxford T&T, Oxford, Oxford West, and Oxford Service are Maine corporations. Northeast and Revolution are each a limited liability companies organized under the laws of the state of Delaware. 3 Petition to Adopt Conditions to Authorizations and Licenses, WC Docket No. 14-12 (filed Apr. 30, 2014). 4 Letter to John Carlin, Acting Assistant Attorney General, National Security Division, U.S. Department of Justice, from Thadeus Mocarski, President, Oxford Networks Holdings, Inc., and Craig Gunderson, President and CEO, Oxford County Telephone & Telegraph Company, WC Docket No. 14-12 (filed Apr. 30, 2014). Oxford Holdings and Oxford T&T originally filed the letter with the Department of Justice on April 28, 2014. 22014. 5 Consistent with Commission precedent, the Bureau accords the appropriate level of deference to the Executive Branch Agencies' expertise on national security and law enforcement issues. 6 The Bureau finds, upon consideration of the record, that grant of the Application, subject to compliance with the Letter of Assurances with the Executive Branch Agencies, will serve the public interest, convenience, and necessity. 7 Therefore, pursuant to section 214 of the Act, 47 U.S.C. § 214 and sections 0.91, and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the Bureau hereby grants the Application discussed in this Public Notice subject to compliance with the Letter of Assurances described above. A failure to comply with and/or remain in compliance with any of the provisions of the Letter of Assurances shall constitute a failure to meet a condition of this authorization and thus grounds for declaring the underlying authorizations terminated without further action on the part of the Commission. Failure to meet a condition of this authorization may also result in monetary sanctions or other enforcement action by the Commission. Pursuant to section 1.103 of the Commission's rules, 47 C.F.R. § 1.103, the grant is effective upon release of this Public Notice. Petitions for reconsideration under section 1.106 or applications for review under section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of this Public Notice. For further information, please contact Dennis Johnson, Wireline Competition Bureau, Competition Policy Division, (202) 418-0809. 5 Id. 6 The Commission considers national security, law enforcement, foreign policy, and trade policy concerns when analyzing a transfer of control or assignment application in which foreign ownership is an issue. See Amendment of the Commission’s Regulatory Policies to Allow Non-U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report and Order, 12 FCC Rcd 24094, 24170-72, paras. 178-82 (1997); Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, IB Docket No. 97-142, Market Entry and Regulation of Foreign Affiliated Entities, IB Docket No. 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23919-21, paras. 61-66 (1997) (Foreign Participation Order), Order on Reconsideration, 15 FCC Rcd 18158 (2000). In assessing the public interest, the Commission considers the record and accords the appropriate level of deference to Executive Branch expertise on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-21, paras. 61-66. 7 See also Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, CC Docket No. 01-150, 17 FCC Rcd 5517, 5531-32, para. 28 (2002); 47 C.F.R. § 63.03(b)(1)(ii).