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Comment Sought on Domestic 214 Transfer of LifeTel-TerraCom

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Released: July 3, 2013

PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1520

Released: July 3, 2013

DOMESTIC SECTION 214 APPLICATION FILED FOR THE

ACQUISITION OF CERTAIN ASSETS OF MEXTEL CORPORATION, LLC D/B/A/ LIFETEL

BY TERRACOM, INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 13-154

Comments Due: July 17, 2013
Reply Comments Due: July 24, 2013

On June 11, 2013, MexTel Corporation, LLC d/b/a LifeTel (LifeTel) and TerraCom, Inc.
(TerraCom) (together, Applicants) filed an application pursuant to section 63.03 of the Commission's
rules1 to transfer control of certain assets of LifeTel to TerraCom. Applicants consummated this
transaction without prior authorization from the Commission on December 8, 2011.2
LifeTel, an Oklahoma limited-liability company, remains an active corporate entity, but is no
longer a certified competitive local exchange carrier (LEC) in Oklahoma. LifeTel still holds domestic
authority to provide interstate telecommunications services.
TerraCom, an Oklahoma corporation, currently holds domestic authority to provide interstate
telecommunications services. TerraCom is a certified competitive LEC and Eligible Telecommunications
Carrier (ETC) in Oklahoma and Texas and provides primarily Lifeline service in Oklahoma. TerraCom
provides wireless services and is a wireless ETC in: Arkansas, Arizona, Colorado, Indiana, Iowa,
Louisiana, Maryland, Minnesota, Nevada, U.S. Virgin Islands, West Virginia, and Wisconsin. TerraCom
has pending or approved applications to provide wireless services and to be a wireless ETC in the
following jurisdictions, but has not commenced the provision of service: Alabama, California,
Connecticut, Delaware, the District of Columbia, Florida, Idaho, Mississippi, Nebraska, New Hampshire,


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. Applicants filed supplements to their
application on June 11 and July 2, 2013.
2 On June 18, 2013, the Wireline Competition Bureau granted Applicants' request for Special Temporary Authority
for a period of 60 days for authorization to continue to provide service pending approval of this application. A grant
of the 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's rules. Letter from Ross A. Buntrock and
Katherine E. Barker Marshall, Counsel for LifeTel and TerraCom, to Marlene H. Dortch, Secretary, FCC, WC
Docket No. 13-154 (filed June 11, 2013).

New Jersey, New Mexico, New York, North Carolina, Ohio, Puerto Rico, South Carolina, Tennessee, and
Virginia. TerraCom is affiliated with YourTel America, Inc. (YourTel), which provides local and long
distance services to business and residential customers in Illinois, Kansas, Missouri, and Oklahoma, and
prepaid wireless services to residential customers in Illionois, Kansas, Missouri, Oklahoma, Rhode Island,
Washington, Maine, and Pennsylvania. TerraCom is owned by the following U.S. citizens: Jason Hirzel
(47.5 percent) and Richard Yurich (47.5 percent).
On December 8, 2011, Applicants consummated a transaction whereby approximately two-thirds
of LifeTel's customers were transferred to TerraCom.3 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.4
Domestic Section 214 Application Filed for the Acquisition of Certain Assets of MexTel
Corporation, LLC d/b/a LifeTel by TerraCom, Inc., WC Docket No. 13-154 (filed June
11, 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 July 17, 2013, and reply comments on or
before July 24, 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.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) Myrva Charles, Competition Policy Division, Wireline Competition Bureau,
myrva.charles@fcc.gov;
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


3 Approximately one-third of the customers were transferred to UTPhone, Inc. See Domestic 214 Application Filed
for the Acquisition of Certain Assets of MexTel Corporation, LLC d/b/a LifeTel by UTPhone, Inc.
, WC Docket 13-
155 (filed June 11, 2013). Applicants state that they notified a small portion of the customer base that LifeTel was
discontinuing service, and the customers would not be transferred to either TerraCom or UTPhone, Inc., because
neither were certified to provide local exchange service in those customers' service area. The notices to these
customers, primarily in the operating area of Windstream, specified that LifeTel was discontinuing service and those
customers would need to obtain service from a different carrier.
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.

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
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 Myrva Charles at (202) 418-1506 or Dennis Johnson at
(202) 418-0809.
- FCC -


6 47 C.F.R. 1.1200 et seq.

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