Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Domestic 214 Grant for Transfer Certain Assets of LifeTel to TerraCom

Download Options

Released: May 12, 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 14-629

Released: May 12, 2014

Applications Granted for the Acquisition of Certain Assets of

MexTel Corporation, LLC d/b/a LifeTel

WC Docket Nos. 13-154 and 13-155

On June 11, 2013, MexTel Corporation, LLC d/b/a LifeTel (LifeTel), TerraCom, Inc.
(TerraCom), and UTPhone, Inc. (UTPhone) (collectively Applicants) filed applications pursuant to
section 63.03 of the Commission’s rules to transfer control of certain assets of LifeTel to TerraCom and
UT Phone.1 LifeTel was a competitive local exchange carrier (LEC) in Oklahoma. On December 8,
2011, it consummated a transaction, without Commission authority, whereby it transferred approximately
two-thirds of its customers to TerraCom and approximately one-third of its customers to UTPhone.2
TerraCom and UTPhone are certified competitive LECs and Eligible Telecommunications Carriers in
Oklahoma. For reasons described below, the Bureau has determined that granting these applications
serves the public interest and has granted them.3
On July 3, 2013, the Bureaus released public notices accepting the applications for streamlined
processing.4 On August 2, 2013, the Bureau removed both applications from streamlining for further
analysis to determine whether the transactions served the public interest.5

1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Application of MexTel Corporation, LLC d/b/a LifeTel and TerraCom,
Inc. for Consent to Transfer Assets, WC Docket No. 13-154 (filed June 11, 2013) (TerraCom Application);
Application of MexTel Corporation, LLC d/b/a LifeTel and UTPhone, Inc. for Consent to Transfer Assets, WC
Docket No. 13-155 (filed June 11, 2013) (UTPhone Application).
2 The Wireline Competition Bureau (Bureau) granted Applicants’ request for Special Temporary Authority (STA)
for authorization to continue to provide service pending approval of these applications. Letter from Ross A.
Buntrock and Katherine E. Barker Marshall, Counsel to MexTel Corporation, LLC d/b/a LifeTel and TerraCom,
Inc., to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-154 (filed June 10, 2013) (TerraCom STA Letter);
Letter from Ross A. Buntrock and Katherine E. Barker Marshall, Counsel to MexTel Corporation, LLC d/b/a
LifeTel, and James M. Smith, Counsel to UTPhone, Inc. to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-
155 (filed June 10, 2013) (UTPhone STA Letter).
3 Implementation of Further Streamlining Measures for Domestic Section 214 Authorizations, CC Docket No. 01-
150, Report and Order, 17 FCC Rcd 5517, 5540, para. 45 (2002).
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, Public Notice, 28 FCC Rcd 9453 (Wireline Comp. Bur. 2013)
(TerraCom Public Notice); Domestic Section 214 Application Filed for the Acquisition of Certain Assets of MexTel
Corporation, LLC d/b/a LifeTel by UTPhone Inc.
, WC Docket No. 13-155, Public Notice, 28 FCC Rcd 9455
(Wireline Comp. Bur. 2013) (UTPhone Public Notice).
5 Notice of Removal of Domestic Section 214 Applications from Streamlined Treatment, WC Docket Nos. 13-154,
13-155, Public Notice, 28 FCC Rcd 11149 (Wireline Comp. Bur. 2013).

The Bureau finds, upon consideration of the record, that approving the transactions will serve the
public interest, convenience, and necessity.6 Applicants state that LifeTel’s customers received notice of
the transactions in 2011 and continued to receive service at the same rates, terms, and conditions post
consummation.7 TerraCom and UTPhone state that they have instituted safeguards to ensure that they do
not undertake future transactions without prior Commission approval as required under section 214 of the
Act and our rules.8 Accordingly, considering the applications’ statements, the Bureau grants the
applications without prejudice to any enforcement action by the Commission.9 Applicants have
acknowledged that grant of the applications will not alter their responsibility to comply with any
enforcement action related to the transactions.10
Pursuant to Sections 4(i) and 214 of the Communications Act of 1934, as amended,11 and Section
0.291 of the Commission’s rules,12 the Bureau, under delegated authority, grants the applications listed
herein. Further pursuant to section 1.103 of the Commission’s rules, 47 C.F.R. § 1.103, the consent
granted herein is effective upon the 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, Competition Policy Division,
Wireline Competition Bureau, at (202) 418-0809.
-FCC-

6 See 47 U.S.C. §§ 214(a).
7 TerraCom Application at 8; UTPhone Application at 8.
8 47 U.S.C. § 214; 47 C.F.R. §§ 63.03-04; TerrraCom Application at 8; UTPhone Application at 8; TerraCom STA
Letter at 2; UTPhone STA Letter at 2.
9 The STA authorizing Applicants to continue providing service pending approval of their applications was also
granted without prejudice to Commission enforcement action. TerraCom Public Notice, 28 FCC Rcd at 9452;
UTPhone Public Notice, 28 FCC Rcd at 9455.
10 Letter from Ross A. Buntrock and Katherine E. Barker Marshall, Counsel to MexTel Corporation, LLC d/b/a
LifeTel and TerraCom, Inc., to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-154 (filed April 14, 2014);
Letter from Ross A. Buntrock and Katherine E. Barker Marshall, Counsel to MexTel Corporation, LLC d/b/a
LifeTel, and James M. Smith, Counsel to UTPhone, Inc., to Marlene H. Dortch, Secretary, FCC, WC Docket No.
13-155 (filed April 14, 2014).
11 47 U.S.C. §§ 154(i), 214.
12 47 C.F.R. § 0.291.
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.