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DA 22-632
June 14, 2022

DOMESTIC 214 APPLICATION GRANTED FOR THE TRANSFER OF 
BULLSEYE TELECOM, INC. TO THE LINGO ENTITIES
 
WC Docket No. 22-149

By this Public Notice, the Wireline Competition Bureau (Bureau) grants an application filed by BullsEye Telecom, Inc. (BullsEye), Lingo Management, LLC (Lingo Management), Lingo Communications, LLC (Lingo), and B. Riley Principal Investments, LLC (BRPI) (Lingo Management, Lingo, and BRPI, collectively, the Lingo Entities) (BullsEye and the Lingo Entities, together, 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 transfer control of BullsEye to the Lingo Entities. See 47 U.S.C. § 214; 47 CFR §§ 63.03-04.  Joint Application for the Transfer of Control of BullsEye Telecom, Inc. to the Lingo Entities Pursuant to Section 214 of the Communications Act of 1934, as Amended, and Sections 63.04 and 63.24 of the Commission’s Rules, WC Docket No. 22-149 (filed Apr. 7, 2022) (Application).  Applicants also filed an application for the transfer of authorizations associated with international services, IB File No. ITC-T/C-20220407-00053.  On March 8, 2021, the Bureau approved a transaction to increase BRPI’s ownership interest in Lingo Management (from 40% to 80%) while reducing Lingo’s ownership interest (from 60% to 20%) (the BR Transaction).  Notice of Domestic Section 214 Authorization Granted, WC Docket No. 21-21, Public Notice, 36 FCC Rcd 4848 (WCB 2021).  On May 9, 2022 and June 1, 2022, Applicants filed supplements to the Application informing the Commission that the consummation of the BR Transaction was anticipated to and, in fact, closed on May 31, 2022.  See Letter from Angela F. Collins, Counsel to Lingo Management, LLC, to Marlene H. Dortch, Secretary, FCC, WC Docket 22-149, IB File No. ITC-T/C-20220407-00053 (filed May 9, 2022); Letter from Angela F. Collins, Counsel to Lingo Management, LLC, to Marlene H. Dortch, Secretary, FCC, WC Docket 22-149, IB File No. ITC-T/C-20220407-00053 (filed Jun. 1, 2022).  Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications.

  On May 10, 2022, the Bureau released a public notice seeking comment on the Application. Domestic Section 214 Application Filed for the Transfer of Control of Bullseye Telecom, Inc. to the Lingo Entities, WC Docket No. 22-149, Public Notice, DA 22-512 (WCB 2022).     
  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. Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, Report and Order, 17 FCC Rcd 5517, 5529, para. 22 (2002); see also, e.g., 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 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.  A petition for reconsideration under section 1.106 or an application 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. 
 
Domestic Section 214 Application Filed for the Transfer of Control of 
BullsEye Telecom, Inc. to The Lingo Entities, WC Docket No. 22-149, Public Notice, DA 22-512 (WCB 2022).

For further information, please contact Gregory Kwan at (202) 418-1191, Competition Policy Division, Wireline Competition Bureau.

-FCC-


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