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DA 21-1337
October 25, 2021
	
NOTICE OF DOMESTIC SECTION 214 AUTHORIZATION GRANTED 

WC Docket No. 21-360

The Wireline Competition Bureau (Bureau) grants the application listed in this Public Notice Joint Application for Consent to Transfer Control of Combined Public Communications, LLC Pursuant to Section 214 of the Communications Act of 1934, As Amended, WC Docket No. 21-360 (filed Sept. 10, 2021) (Application); Domestic Section 214 Application Filed for the Transfer of Control of Combined Public Communications, LLC to Employee Stock Ownership Trust, WC Docket No. 21-360, Public Notice, DA 21-1202 (WCB 2021) (Accepted-for-Filing Public Notice).  The Bureau did not receive any comments in opposition to the proposed transaction.
 pursuant to the Commission’s streamlined procedures for domestic section 214 transfer of control applications, 47 CFR § 63.03.  The Bureau determined that a grant of this application serves the public interest.  Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, Report and Order, 17 FCC Rcd 5517, 5529, para. 22 (2002).  The Commission has historically recognized that the inmate calling services (ICS) marketplace is different from other telecommunications marketplaces.  See Applications Granted for the Transfer of Control of CenturyLink Public Communications, Inc. to Inmate Calling Solutions, LLC D/B/A ICSolutions, WC Docket No. 20-150, Public Notice, 35 FCC Rcd 8661, 8663 & n.15 (WCB/IB 2020) (citing Rates for Interstate Calling Services, WC Docket 12-375, Report and Order on Remand and Fourth Further Notice of Proposed Rulemaking, 35 FCC Rcd 8485, 8486-87, para. 5 (2020)); Rates for Interstate Calling Services, WC Docket 12-375, Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking, FCC 21-60, at paras. 31-32 (2021) (stating that the record in these proceedings reaffirms that incarcerated people have no choice in the selection of their calling services provider)).  In light of this difference, we have carefully considered this transaction taking into account the size of the provider and the unique concerns applicable to the ICS industry, including the impact the transaction could have on the ability of incarcerated individuals to communicate with their families and other loved ones at just and reasonable rates and charges.  We have also considered whether the transfer of the correctional facility contracts at issue would result in anti-competitive harm in the ICS industry.  Combined Public Communications, LLC (Combined Public) seeks to provide its employees with beneficial ownership of the company, stating that it will thereby increase their financial stake in the success of the company and ensure that it could become a stronger ICS competitor.  Application at 2.  Because the proposed transaction entails a transfer of control of Combined Public to its employees in the Combined Public Communications Employee Stock Ownership Trust, which does not intend to change existing management, operations, or rates, terms, and conditions of service, and which does not hold an interest in any other ICS provider or telecommunications provider (Application at 7-9), we find that this transaction does not raise the same potential competitive and public interest concerns as ICS transactions that involve the consolidation of ICS assets or reduce the number of providers in the ICS market.  See Accepted-for-Filing Public Notice at n.5.
  For purposes of computation of time when filing a petition for reconsideration or application for review, or for judicial review of the Commission’s decision, the date of “public notice” shall be the release date of this Public Notice.  Id.; see 47 CFR § 1.4 (Computation of time).
  Should no petition for reconsideration, application for review, or petition for judicial review be timely filed, the proceeding listed in this Public Notice shall be terminated, and the docket will be closed.

Domestic Section 214 Application Filed for the Transfer of Control of 
Combined Public Communications, LLC to Employee Stock Ownership Trust, WC Docket No. 21-360 (filed Sept. 10, 2021).

Effective Grant Date: October 25, 2021

For further information, please contact Tracey Wilson at (202) 418-1394 or Dennis Johnson at (202) 418-0809, Competition Policy Division, Wireline Competition Bureau.

-FCC-



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