DA 18-978
Released:  September 21, 2018
DOMESTIC SECTION 214 APPLICATION GRANTED FOR THE 
TRANSFER OF CONTROL OF EVERSTREAM SOLUTIONS LLC, 
EVERSTREAM GLC HOLDING COMPANY LLC, AND 
LYNX NETWORK GROUP, INC. TO MIDWEST FIBER ACQUISITION LLC

WC Docket No. 18-93
By this Public Notice, the Wireline Competition Bureau (Bureau) grants the application filed by Everstream Holdings Company LLC, Everstream Solutions LLC (Everstream Solutions), Everstream GLC Holding Company LLC (Everstream GLC), Lynx Network Group, Inc. (Lynx, and collectively with Everstream Solutions and Everstream GLC, Licensees), and Midwest Fiber Acquisition LLC (Midwest) (collectively, Applicants) to transfer control of Licensees to Midwest. See 47 U.S.C. § 214; 47 CFR § 63.03.  Joint Application of Everstream Holding Company LLC, et al. and Midwest Fiber Acquisition LLC for Authority Pursuant to Section 214 of the Communications Act, as Amended, and Sections 63.04 and 63.24 of the Commission’s Rules to Transfer Control of Domestic and International Section 214 Carriers, WC Docket No. 18-93 (filed Mar. 26, 2018) (Application).  
     

On April 10, 2018, the Bureau released a Public Notice requesting comment on the Application. Domestic Section 214 Application Filed for the Transfer of Control of Everstream Solutions LLC, Everstream GLC Holding Company LLC, and Lynx Network Group, Inc. to Midwest Fiber Acquisition LLC, WC Docket No. 18-93, Public Notice, DA 18-355 (WCB 2018).
  On April 13, 2018, the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense filed a letter requesting that the Commission defer action on this proceeding while they completed their review of any national security, law enforcement, and public safety issues. Letter from Debbie Wheeler, U.S. Department of Justice, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 18-93 (filed Apr. 13, 2018).
  On September 20, 2018, the Department of Justice, with the concurrence of the Department of Homeland Security and the Department of Defense, notified the Bureau that they withdraw their request to defer action. Letter from Sanchitha Jayaram, U.S. Department of Justice, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 18-93 (filed Sept. 20, 2018).
  They state that, based on the information provided to them by the Applicants and their analysis of potential national security, law enforcement, and public safety issues, they have no objection to the Application. Id. at 1.
 

No comments were filed in opposition to a grant of the Application, and the Bureau finds, upon consideration of the record, that grant of the Application will serve the public interest, convenience, and necessity. 47 CFR § 63.03(b).
  Pursuant to section 1.103 of the Commission's rules, 47 CFR § 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 CFR §§ 1.106, 1.115, may be filed within 30 days of the date of this Public Notice.

For further information, please contact Gregory Kwan, Wireline Competition Bureau, Competition Policy Division, (202) 418-0913.



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