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Comment Sought on Domestic 214 Transfer of Cbeyond to BCI

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Released: May 2, 2014

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 14-597

Released: May 2, 2014

DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF

CBEYOND COMMUNICATIONS, LLC TO BIRCH COMMUNICATIONS, INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 14-64

Comments Due: May 16, 2014
Reply Comments Due: May 23, 2014

On April 22, 2014, Birch Communications, Inc. (BCI), Birch Telecom, Inc. (Birch Telecom)
(together, Birch), and Cbeyond Communications, LLC (Cbeyond) (collectively, Applicants) filed an
application pursuant to section 63.03 of the Commission’s rules to transfer control of Cbeyond to BCI. 1
Cbeyond, a Delaware limited liability company, offers or is certified to offer competitive local
exchange (LEC), intrastate, and interstate services in multiple states.2 BCI, a Georgia corporation, and its
wholly owned subsidiary, Birch Telecom, a Delaware corporation, offer or are certificated to offer
through operating subsidiaries competitive LEC, intrastate, and interstate services in the District of
Columbia and 50 states. Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation,
owns a 100 percent equity and voting interest in BCI. Applicants state that the following U.S citizens
hold a five percent or greater equity and voting interest in Birch Holdings: Holcombe Green (53 percent),
R. Kirby Godsey (21 percent), and Vincent Oddo (7 percent). Applicants further state that these
individuals hold interests in Tempo Telecom, LLC, a nationwide reseller of prepaid wireless voice and
data services.3
Pursuant to the terms of the proposed transaction, BCI will own 100 percent of the stock in
Cbeyond resulting in BCI acquiring ultimate control of the company. Applicants assert that the proposed


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. Any action on this domestic section 214 application is without
prejudice to Commission action on other related, pending applications.
2 The states are Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas,
Virginia, Washington, and the District of Columbia.
3 Birch has also filed a pending domestic section 214 application to acquire certain customers of dishNET Wireline,
LLC, a competitive telecommunications carrier. Birch Communications, Inc. and Birch Telecom, Inc. and dishNET
Wireline, LLC Application for Consent to Assign Assets and/or Transfer Control of Assets
, WC Docket No. 14-65
(filed Apr. 22, 2014).

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.4
Domestic Section 214 Application Filed for the Transfer of Control of Cbeyond
Communications, LLC to Birch Communications, Inc., WC Docket No. 14-64 (filed Apr.
22, 2014).

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 May 16, 2014, and reply comments on or
before May 23, 2014.
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.5
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) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@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.6 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


4 47 C.F.R. § 63.03(b)(2)(i).
5 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.
6 47 C.F.R. §§ 1.1200 et seq.

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 Jodie May at
(202) 418-0913.
- FCC -

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