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Comment Sought on Domestic 214 Transfer of Telovations, Inc. By BHNIS

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Released: November 26, 2012

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 12-1895

Released: November 26, 2012

DOMESTIC SECTION 214 APPLICATION FILED FOR THE

ACQUISITION OF ASSETS OF TELOVATIONS, INC.

BY BRIGHT HOUSE NETWORKS INFORMATION SERVICES (FLORIDA), LLC

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 12-341

Comments Due: December 10, 2012
Reply Comments Due: December 17, 2012

On November 19, 2012, Lovett Miller & Co., Bright House Networks Information Services
(Florida), LLC (Bright House), and Telovations, Inc. (Telovations) (collectively, Applicants) filed an
application pursuant to section 63.03 of the Commission’s rules1 for the transfer of assets of Telovations
to Bright House.
Telovations is a Delaware corporation that is majority owned by Lovett Miller & Co, a Delaware
corporation that does not provide telecommunications services. Telovations provides competitive local
exchange (LEC) and interexchange services in Florida to business customers. Bright House, a Florida
limited liability company, provides facilities-based competitive LEC services in Florida, including to its
affiliates that provide Voice over Internet Protocol services.2 Applicants state that affiliates of Bright
House also provide these same competitive LEC services in Alabama, California, Indiana, and Michigan.
Applicants state that Bright House is 100 percent owned by Bright House Networks, LLC, which is in
turn 100 percent owned by Time Warner-Advance/Newhouse Partnership (TWE-A/N).
Advance/Newhouse Partnership owns 33.33 percent of TWE-A/N and exercises control and management
rights of Bright House Networks, LLC and has contractual power to designate 100 percent of the
individuals exercising functions similar to those of directors of a corporation.3 Newhouse Broadcasting


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 a supplement to their
domestic section 214 application on November 26, 2012.
2 Applicants state that, although Telovations and Bright House both serve the Tampa and Orlando markets in
Florida, they provide different types of telecommunications services and there are multiple competitors serving these
areas. Applicants further state that Bright House’s parent company holds multiple satellite earth station licenses
used solely for internal transport of video programming.
3 Applicants state that Time Warner Cable Enterprises LLC owns 66.67 percent of the equity in, but does not
exercise control over TWE-A/N. Time Warner Cable Enterprises LLC is ultimately owned 100 percent by Time
Warner Cable Inc., a publicly traded corporation.

Corporation (NBCo) holds 61.24 percent of the equity of Advance/Newhouse Partnership. S.I.
Newhouse, Jr. and Donald E. Newhouse, both U.S. citizens, indirectly hold a 24 percent interest in Bright
House through their interests in NBCo. Newark Morning Ledger Co. holds a 38.76 percent interest in
Advance/Newhouse Partnership. Newark Morning Ledger Co. is 100 percent indirectly owned by
Advance Publications, Inc., and Applicants state that no person or entity with interests in Advance
Publications, Inc. holds a 10 percent or greater interest in Bright House. All entities are U.S.-based.
Pursuant to the terms of the proposed transaction, Bright House will acquire the section 214
authorizations, customer base, and other assets of Telovations. 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 Assets of Telovations, Inc.
by Bright House Networks Information Services (Florida), LLC, WC Docket No. 12-341
(filed Nov. 19, 2012).

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 December 10, 2012, and reply comments on or before
December 17, 2012.
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.
Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties 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) The Commission’s duplicating contractor, Best Copy and Printing, Inc., fcc@bcpiweb.com;
phone: (202) 488-5300; fax: (202) 488-5563;
2) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,
tracey.wilson@fcc.gov;
3) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov;
4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov;
5) 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).


4 47 C.F.R. § 63.03(b)(2)(i).

The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules. 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 Jodie May at (202) 418-0913 or Tracey Wilson at (202)
418-1394.
- FCC -

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