DA 20-634
Released:  June 16, 2020
APPLICATION GRANTED FOR THE TRANSFER OF CONTROL OF JAGUAR COMMUNICATIONS, INC. TO METRONET HOLDINGS, LLC

WC Docket No. 20-37 

By this Public Notice, the Wireline Competition Bureau (Bureau) grants an application filed by James T. Ward, as the representative of all of the interest holders of Provincial Real Estate Holdings, LLC (Provincial), and MetroNet Holdings, LLC (MetroNet Holdings) (collectively, Applicants), pursuant to section 214 of the Communications Act of 1934, as amended (Act), and sections 63.03-04 of the Commission’s rules, requesting approval for consent to transfer control of Jaguar Communications, Inc. (Jaguar) from Provincial to MetroNet Holdings. See 47 U.S.C. § 214; 47 CFR §§ 63.03-04.  Joint Application of James T. Ward, Jaguar Communications, Inc., and MetroNet Holdings, LLC, WC Docket No. 20-37 (filed Feb. 7, 2020) (Application).  Applicants also filed an application for the transfer of authorizations associated with international services.  A grant of the domestic section 214 application is without prejudice to Commission action on other related, pending applications.    
 

On February 27, 2020, the Bureau released a public notice seeking comment on the Application. Domestic Section 214 Application Filed for the Transfer of Control of Jaguar Communications, Inc. to MetroNet Holdings, LLC, WC Docket No. 20-37, Public Notice, DA 20-198 (WCB Feb. 27, 2020).     
  On March 3, 2020, the U.S. Department of Justice (DOJ), with the concurrence of the U.S. Department of Homeland Security and the U.S. Department of Defense (collectively, the Agencies), filed a letter requesting that the Commission defer action on the Application while they reviewed potential national security, law enforcement, and public safety issues.  Letter from Alice Suh Jou, U.S. Department of Justice, to Marlene H. Dortch, FCC (Mar. 3, 2020) (on file in WC Docket No. 20-37).
  We deferred action in response to this request from the Agencies. Notice of Removal of Domestic Section 214 Application from Streamlined Treatment, WC Docket No. 20-37, Public Notice, DA 20-294 (WCB Mar. 18, 2020).
  On June 11, 2020, the Agencies notified the Bureau that they withdraw their request to defer action. Letter from Alice Suh Jou, U.S. Department of Justice, to Marlene H. Dortch, FCC (June 11, 2020) (on file in WC Docket No. 20-37).
   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.


No party filed comments in opposition to a grant of the Application, and the Bureau finds, upon consideration of the record, that granting the Application will serve the public interest, convenience, and necessity.  47 CFR § 63.03(b); Applications of Level 3 Communications, Inc. and CenturyLink, Inc. for Consent to Transfer Control of Licenses and Authorizations, Memorandum Opinion and Order, 32 FCC Rcd 9581, 9594, 9605, paras. 26 and 52 (2017) (finding no harm to competition outside of CenturyLink’s incumbent local exchange carrier (LEC) territory, where applicants operate as competitive LECs, and further finding that the transaction “will expand the on-net reach of the newly combined firm resulting in a more effective and stronger competitor against larger cable and incumbent LEC competitors, among others, particularly outside of Century Link's incumbent LEC region, where it, like Level 3, operates as a competitive LEC.”). 
  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 Gregory Kwan, Wireline Competition Bureau, Competition Policy Division, (202) 418-0809.

					-FCC-



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