2 DA 18-1202 November 27, 2018 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN ASSETS OF PROTOCALL, LLC BY COMBINED PUBLIC COMMUNICATIONS, LLC NON-STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 18-309 Comments Due: December 11, 2018 Reply Comments Due: December 18, 2018 By this Public Notice, the Wireline Competition Bureau (Bureau) seeks comment from interested parties on an application Domestic Section 214 Application for the Transfer of Assets Filed by Protocall, LLC and Combined Public Communications, LLC, WC Docket No. 18-309 (filed Oct. 10, 2018) (Application). Applicants filed a supplement to the Application on November 19, 2018. Letter from Lance Steinhart, Attorney for Combined Public Communications, LLC and Protocall, LLC, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 18-309 (filed Nov. 19, 2018) (Supplement Letter). filed by Protocall, LLC (Protocall) and Combined Public Communications, LLC (Combined Public) (collectively, Applicants), pursuant to section 214 of the Communications Act of 1934, as amended, and sections 63.03-04 of the Commission’s rules, requesting consent to the transfer of certain assets and customers of Protocall to Combined Public. See 47 U.S.C. § 214; 47 CFR §§ 63.03-04. Applicants also filed applications for the transfer of authorizations associated with international services. Any action on the domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants consummated the transaction without prior Commission approval on October 1, 2017. Application at 1. On November 27, 2018, the Bureau granted Applicants’ request for special temporary authority to authorize Combined Public to continue providing service for 60 days pending approval of the Application. Letter from Lance Steinhart, Attorney for Combined Public Communications, LLC and Protocall, LLC, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 18-309 (filed Oct. 10, 2018). A grant of the Application would be without prejudice to any enforcement action by the Commission for non-compliance with the Act or the Commission’s rules Protocall, a Kansas limited liability company, provides or is authorized to provide inmate telephone services to correctional facilities in Iowa, Kansas, Colorado, Nebraska, and Missouri. Combined Public, a Delaware limited liability company, provides inmate communications services and has state certifications in Alabama, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, Ohio, South Carolina, Tennessee, and Wyoming. CPC Engle Holdings, Inc. (CPC Engle), a Delaware corporation whose principal business is telecommunications holdings, indirectly owns 89.84 percent of Combined Public. Applicants state CPC Engle is wholly owned by Cathie Engle, a United States citizen. Supplement Letter at 1. Applicants state that no other person or entity holds a 10 percent or greater interest in Combined Public or CPC Engle. Pursuant to the terms of the proposed transaction, Applicants state that customers continue to be serviced by Combined Public on substantially the same terms and conditions as previously provided by Protocall. Applicants assert that a grant of the application would serve the public interest, convenience, and necessity. Because the proposed transaction is more complex than usual and in order to analyze whether it would serve the public interest, we will accept the Application for non-streamlined processing. 47 CFR § 63.03(c)(1)(v). Domestic Section 214 Application Filed for the Transfer of Control of Protocall, LLC to Combined Public Communications, LLC, WC Docket No. 18-309 (filed Oct. 10, 2018). GENERAL INFORMATION The applications identified herein have 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 and policies. Interested parties may file comments and petitions on or before December 11, 2018, and reply comments or oppositions to petitions on or before December 18, 2018. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by paper.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.   § Electronic Filers:  Comments may be filed electronically by accessing ECFS at http://apps.fcc.gov/ecfs/. § Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing.  Paper 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 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.  The filing hours are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together with rubber bands or fasteners.  All envelopes and boxes must be disposed of before entering the building.  § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD, 20701. § 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 and Governmental Affairs Bureau at 202-418-0530 (voice), 1-888-835-5322 (tty). In addition, please provide one copy of each pleading to each of the following: 1) Jim Bird, Office of General Counsel, transactionteam@fcc.gov; 2) Dennis Johnson, Wireline Competition Bureau, dennis.johnson@fcc.gov; 3) Myrva Charles, Wireline Competition Bureau, myrva.charles@fcc.gov; 4) David Krech, International Bureau, david.krech@fcc.gov; and 5) Sumita Mukhoty, International Bureau, sumita.mukhoty@fcc.gov. The proceeding in this Notice shall be treated as a permit-but-disclose proceeding in accordance with the Commission’s ex parte rules. 47 CFR § 1.1200 et seq. 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 data or arguments already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, then 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 CFR § 1.1206(b). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. To allow the Commission to consider fully all substantive issues regarding the applications in as timely and efficient a manner as possible, petitioners and commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies. See 47 CFR § 1.45(c). A party or interested person seeking to raise a new issue after the pleading cycle has closed must show good cause why it was not possible for it to have raised the issue previously. Submissions after the pleading cycle has closed that seek to raise new issues based on new facts or newly discovered facts should be filed within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not timely raised may be disregarded by the Commission. For further information, please contact Myrva Charles at (202) 418-1506 or Dennis Johnson at (202) 418-0809. - FCC - 4