Federal Communications Commission FCC 09-54
1
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
RE: Applications Filed for the Transfer of Control of Embarq Corporation to CenturyTel, Inc., WC 
Docket No. 08-238
I am pleased to support the merger of Embarq and CenturyTel with a key set of pro-consumer, 
voluntary, enforceable commitments.  These commitments tip the public interest balance toward approval 
because they address the concerns raised in the record that the combination will harm competition.  
The parties have agreed to measures that are essential to ensure the merger is in the public 
interest.  I am particularly pleased by the commitment to bring broadband at speeds of at least 3 Mbps to 
at least 80 percent of their combined region, which is mostly rural, within three years, and 87 percent at 
1.5 Mbps within two years, along with strong commitments to the remainder of its combined territory.  
These buildout commitments go far toward bringing broadband and all its economic opportunities to 
those the company will serve in rural America.  
Further, the combined company will reduce competitors’ costs of negotiating interconnection 
agreements by using template contracts and granting more opt-in rights.  The combined company will 
also use pre-merger “best practices” to ensure that the new company’s wholesale operations improve 
upon – not simply combine – legacy systems.  The record is heavy with complaints that CenturyTel’s 
largely manual OSS and number porting processes thwart competition.  Today’s commitments will bring 
Embarq’s automated processes to the CenturyTel region.  
Finally, I am especially pleased that the parties have agreed to additional commitments on key 
wholesale products.  The parties have agreed to make their retail ADSL offerings available on a 
wholesale basis at prices at or below retail, thereby addressing a major competitive concern.  The parties 
have also agreed for 12 months to not seek either forbearance for UNE loops and transport, nor to seek 
pricing flexibility for special access throughout their combined region.  These commitments ensure a 
measure of stability for competitors and consumers alike.  
With these commitments, today’s action is a win for consumers that would not have happened 
without Chairman Copps leading from the top the type of merger review that has been missing from the 
Commission for quite a while now.  I also want to thank the Wireline Competition Bureau for the detailed 
analysis that made the quality of this item and the voluntary commitments possible.