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Comment Sought on Domestic 214 Transfer of Fusion to First Choice

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Released: November 19, 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 13-2216

Released: November 19, 2013

DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF

FUSION CONNECT, LLC BY FIRST CHOICE TECHNOLOGY OF LOUISIANA, LLC

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 13-270

Comments Due: December 3, 2013
Reply Comments Due: December 10, 2013

On November 12, 2013, Fusion Connect, LLC (Fusion) and First Choice Technology of
Louisiana, LLC (First Choice) (together, Applicants) filed an application pursuant to section 63.03 of the
Commission’s rules1 to transfer assets of Fusion to First Choice.
Fusion, a Texas limited liability company, resells domestic long distance service in 48 states and
the District Columbia. Applicants state that the following U.S. citizens each hold a 25 percent ownership
interest in Fusion: Lovkesh Kalia, Mahesh Kalia, Satish Kumar, and Kyle Hensley. First Choice, a
Louisiana limited liability company, resells domestic long distance service in 48 states and the District
Columbia. Applicants state that the following U.S. citizens hold a 33.3 percent ownership interest in First
Choice: Scott Howsare, Leon Nowalsky, and Ava Rosenberg. Applicants state that none of the First
Choice owners have a 10 percent or greater ownership interest in any other telecommunications carrier.
Pursuant to the terms of the proposed transaction, First Choice will acquire substantially all of the
assets of Fusion, and Fusion will no longer provide telecommunications services. Applicants assert that
the proposed transaction is entitled to presumptive streamlined treatment under 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.2
Domestic Section 214 Application Filed for the Acquisition of Assets of Fusion Connect,
LLC by First Choice Technology of Louisiana, LLC, WC Docket No. 13-270 (filed Nov
12, 2013).
\


1 47 C.F.R § 63.03; see 47 U.S.C. § 214.
2 47 C.F.R. § 63.03(b)(2)(i).

GENERAL INFORMATION

The transfer 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 December 3, 2013, and reply comments on or before December
10, 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.3
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) 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.4 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.


3 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.
4 47 C.F.R. §§ 1.1200 et seq.
2

For further information, please contact Tracey Wilson at (202) 418-1394 or Jodie May at
(202) 418-0913.
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