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Domestic 214 Grant for Transfer of AccessLine-Telanetix to Intermedia

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Released: August 20, 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 13-1781

August 20, 2013

DOMESTIC SECTION 214 AUTHORIZATION GRANTED

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

On February 15, 2013, AccessLine Communications Corp. (AccessLine), Telanetix, Inc.
(Telanetix), and Intermedia Holdings, Inc. (Intermedia) (collectively, Applicants) filed an application,
pursuant to section 63.03 of the Commission's rules,1 to transfer control of AccessLine from Telanetix to
Intermedia.
On March 14, 2013, the Bureau released a public notice accepting the application for streamlined
processing. 2 On March 27, 2013, the Department of Justice, including the Federal Bureau of
Investigation, with the concurrence of the Department of Homeland Security (collectively, the Executive
Branch Agencies), filed a letter requesting that the Commission defer action on this application while they
reviewed potential national security, law enforcement, and public safety issues.3 In response to the
request, the Bureau removed the application from streamlined review.4 On August 19, 2013, the
Executive Branch Agencies withdrew their request to defer action, stating that they have no objection to
the application.5


1 47 C.F.R 63.03; see 47 U.S.C. 214. On March 29, 2013, the Wireline Competition Bureau (Bureau) granted
an application filed by Telanetix, AccessLine, and HCP-TELA, LLC for a July 2, 2010 unauthorized transfer
control of Telanetix and AccessLine to HCPT-TELA, LLC. Notice of Domestic Section 214 Authorization Granted,
WC Docket No. 13-41, Public Notice, 28 FCC Rcd 3405 (Wireline Comp. Bur. 2013). A grant of the application in
WC Docket No. 13-41 or the instant application is without prejudice to any enforcement action by the Commission
for non-compliance with the Communications Act of 1934, as amended, or the Commission rules.
2 Domestic Section 214 Application Filed for the Transfer of Control of AccessLine Communications Corp. from
Telanetix, Inc. to Intermedia Holdings, Inc
., WC Docket 13-45, Public Notice, 28 FCC Rcd 2536 (Wireline Comp.
Bur. 2013).
3 Letter from Mark G. McConnell, U.S. Department of Justice, to Marlene H. Dortch, FCC, WC Docket No. 13-45
(filed Mar. 27, 2013).
4 Notice of Removal of Domestic Section 214 Application from Streamlined Treatment, WC Docket No. 13-45,
Public Notice, 28 FCC Rcd 4381 (Wireline Comp. Bur. 2013).
5 Letter from Kristin Taylor, U.S. Department of Justice, to Marlene H. Dortch, FCC, WC Docket No. 13-45 (filed
Aug. 19, 2013).

The Bureau finds, upon consideration of the record, that grant of the application will serve the
public interest, convenience, and necessity. Upon consummation of the transaction, the resulting entity
would have a market share in the U.S. interstate interexchange market of less than 10 percent and would
provide competitive telephone exchange services or exchange access services (if at all) exclusively in
geographic areas served by a dominant local exchange carrier that is not a party to the transaction. In
addition, the Applicants are not dominant with respect to any domestic service.6
Consistent with Commission precedent, the Bureau accords the appropriate level of deference to
the Executive Branch Agencies' expertise on national security and law enforcement issues.7 Therefore,
pursuant to section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214, and section
0.291 of the Commission's rules, 47 C.F.R. 0.291, the Bureau hereby grants the application discussed in
this Public Notice.
Pursuant to section 1.103 of the Commission's rules, 47 C.F.R. 1.103, the grant is effective
upon release of this Public Notice. Petitions for reconsideration under section 1.106 or applications for
review under section 1.115 of the Commission's rules, 47 C.F.R. 1.106, 1.115, may be filed within 30
days of the date of this Public Notice.
For further information, please contact Dennis Johnson at (202) 418-0809, Competition Policy
Division, Wireline Competition Bureau.


6 47 C.F.R. 63.03(b)(2)(i).
7 The Commission considers national security, law enforcement, foreign policy, and trade policy concerns when
analyzing a transfer of control or assignment application in which foreign ownership is an issue. See Amendment of
the Commission's Regulatory Policies to Allow Non-U.S. Licensed Satellites Providing Domestic and International
Service in the United States
, Report and Order, 12 FCC Rcd 24094, 24170-72, paras. 178-82 (1997); Rules and
Policies on Foreign Participation in the U.S. Telecommunications Market
, Report and Order and Order on
Reconsideration, 12 FCC Rcd 23891, 23919-21, paras. 61-66 (1997) (Foreign Participation Order), Order on
Reconsideration, 15 FCC Rcd 18158 (2000). In assessing the public interest, the Commission considers the record
and accords the appropriate level of deference to Executive Branch expertise on national security and law
enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-21, paras. 61-66.
2

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