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Comment Sought on Domestic 214 Tranfer of AccessLine to Telanetix

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Released: March 14, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-437

Released: March 14, 2013

DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF

ACCESSLINE COMMUNICATIONS CORP. FROM TELANETIX, INC.

TO INTERMEDIA HOLDINGS, INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 13-45

Comments Due: March 28, 2013
Reply Comments Due: April 4, 2013

On February 15, 2013, AccessLine Communications Corp. (AccessLine), Telanetix, Inc.
(Telanetix), and Intermedia Holdings, Inc. (Intermedia) (collectively, the Applicants) filed an application,
pursuant to section 63.03 of the Commission’s rules,1 to transfer control of AccessLine from Telanetix to
Intermedia.
AccessLine, a Delaware corporation, is authorized to provide competitive telecommunications
services in forty-nine states. AccessLine is a wholly-owned subsidiary of AccessLine Holdings, Inc., a
Delaware corporation, which in turn, is a wholly-owned subsidiary of Telanetix. Telanetix, a Delaware
corporation, does not hold any authorizations related to the provision of telecommunications services.
Telanetix is a provider of communications solutions, offering a variety of non-regulated services to
business customers.
Intermedia, a Delaware corporation, provides, through its operating subsidiaries, cloud services to
small and mid-sized businesses. Intermedia’s wholly-owned subsidiary, Intermedia.Net, Inc., in turn
wholly owns Intermedia Voice Services, Inc., a provider of VoIP solutions to many of its customers.


1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing applications for transfer of control associated
with authorization for international services. Applicants filed supplements to their application March 5, 12, and 14,
2013. Any action on this domestic section 214 application is without prejudice to Commission action on other
related, pending applications. On February 11, 2013, Telanetix, AccessLine, and HCP-TELA, LLC filed an
application for a July 2, 2010 unauthorized transfer control (2010 Transaction) of Telanetix and AccessLine to
HCPT-TELA, LLC. See Domestic Section 214 Application Filed for the Transfer of Control of Telanetix, Inc. and
AccessLine Communications Corporation to HCP-TELA, LLC
, WC Docket 13-41, Public Notice, DA 13-287 (rel.
Feb. 26, 2013). The Wireline Competition Bureau granted a request for Special Temporary Authority related to the
2010 Transaction for authorization to continue to provide service pending approval of that application. A grant of
either application will be without prejudice to any enforcement action by the Commission for non-compliance with
the Communications Act of 1934, as amended, or the Commission rules.

Intermedia’s primary shareholder is Oak Hill Capital Partners III, L.P. (together, with related entities, Oak
Hill Capital), a Cayman Islands entity. Oak Hill Capital owns WaveDivision Holdings, LLC (Wave
Parent), a Delaware limited liability company, which provides cable TV, broadband Internet access, and
Voice over Internet Protocol services through its operating subsidiaries to residential and commercial
customers. Its subsidiary, Astound, a Washington limited liability company, provides competitive local
exchange, long distance, and wholesale telecommunications services to residential and commercial
customers in California, Oregon, and Washington, and has authority to provide these services in
Maryland. The general partner of Oak Hill Capital is OHCP MGP III, Ltd., a Cayman Islands entity.
The voting members of OHCP MGP III, Ltd. are all U.S. citizens/entities.2
Pursuant to the Asset Purchase Agreement between Intermedia, Telanetix, and Sierra Merger Sub
Co. (MergerSub), an indirect, wholly-owned subsidiary of Intermedia, which was created solely for the
purposes of this proposed transaction, Intermedia will acquire control of Telanetix and AccessLine
through an all cash transaction. Specifically, MergerSub will be merged with and into Telanetix, with
Telanetix surviving the merger. Concurrently with this proposed transaction, Intermedia’s existing
shareholders will invest an additional approximately $15 million into the equity of Intermedia. Oak Hill
Capital will remain the company’s largest shareholder. Applicants assert that the proposed transaction is
entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the Commission’s rules and
that a grant of the application will serve the public interest, convenience, and necessity.3
Domestic Section 214 Application Filed for the Transfer of Control of AccessLine
Communications Corp. from Telanetix, Inc. to Intermedia Holdings, Inc., WC Docket
No. 13-45 (filed Feb. 15, 2013).

GENERAL INFORMATION

The transfer of control identified herein has been found, upon initial review, to be acceptable for
filing as a streamlined application. The Commission reserves the right to return any transfer application
if, upon further examination, it is determined to be defective and not in conformance with the
Commission’s rules and policies. Pursuant to section 63.03(a) of the Commission’s rules, 47 CFR §
63.03(a), interested parties may file comments on or before March 28, 2013, and reply comments on or
before April 4, 2013.
Pursuant to section 63.52 of the Commission’s rules, 47 C.F.R. § 63.52,
commenters must serve a copy of comments on the Applicants no later than the above comment filing
date. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day
after the date of this notice.4
Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties to this proceeding
should file any documents in this proceeding using the Commission’s Electronic Comment Filing System
(ECFS): http://fjallfoss.fcc.gov/ecfs2/.

In addition, e-mail one copy of each pleading to each of the following

:
1) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,
tracey.wilson@fcc.gov;


2 The following are the voting members of the OHCP MGP III, Ltd.: The J. Taylor Crandall Revocable Trust, John
Fant, Steven B. Gruber, Kevin G. Levy, Denis J. Nayden, Ray Pinson, Mark Wolfson.
3 47 C.F.R. § 63.03(b)(2)(i).
4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.

2) Dennis Johnson, Competition Policy Division, Wireline Competition Bureau,
dennis.johnson@fcc.gov;
3) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and
4) Jim Bird, Office of General Counsel, jim.bird@fcc.gov.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize
themselves with the Commission’s ex parte rules.
For further information, please contact Tracey Wilson at (202) 418-1394 or Dennis Johnson at
(202) 418-0809.


5 47 C.F.R. §§ 1.1200 et seq.

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