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Domestic Asset Transfer from AMI Communications to BCN Telecom

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Released: August 28, 2014
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PUBLIC NOTICE

Federal Communications Commission

445 12th St., S.W.

Washington, D.C. 20554

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

DA 14-1252

Released: August 28, 2014

DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF

AMI COMMUNICATIONS, INC. BY BCN TELECOM, INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 14-129

Comments Due: September 11, 2014

Reply Comments Due: September 18, 2014

On July 31, 2014, AMI Communications, Inc. d/b/a AMI Communications (AMI) and BCN

Telecom, Inc. (BCN) (together, Applicants) filed an application pursuant to section 63.03 of the

Commission’s rules for the transfer of assets of AMI to BCN.1

AMI, a privately-held Illinois corporation, has authority to provide intrastate, interexchange

telecommunications services in the following states: California, Florida, Illinois, Indiana, Kentucky and

Wisconsin, and authority to provide competitive local exchange services in Illinois and Wisconsin. BCN,

a New Jersey corporation, is a non-dominant carrier providing intrastate and interstate

telecommunications services through the sale of purchased services from various facilities-based carriers.

BCN is authorized as a reseller of telecommunications services throughout the United States, with

exception of Alaska, and has resold and/or facilities-based local exchange authority in the District of

Columbia and the states of Alabama, California, Colorado, Connecticut, Delaware, Florida, Georgia,

Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota,

Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina,

North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,

Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. BCN is a wholly

owned subsidiary of Telecom Acquisition Company, LLC (TAC). The following U.S. entities hold a 10

percent or greater interest in TAC: Richard M. Boudria Family Trust (67.1 percent) and George F. Burns,

Jr. (15 percent). No other entity holds a ten percent or greater interest in BCN.

Pursuant to an Asset Purchase Agreement of the proposed transaction, AMI agrees to transfer

various assets, including AMI’s customer base, to BCN. The Applicants state that after closing of the

proposed transaction, BCN will provide telecommunications services to the customers pursuant to its own

telecommunications authorizations and AMI will surrender its authorization. Applicants assert that the

proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the

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.

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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 Assignment of Assets of AMI

Communications, Inc. to BCN Telecom, Inc., WC Docket No. 14-129 (filed July 31,

2014).

GENERAL INFORMATION

The transfer of assets 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 September 11, 2014, and reply comments

on or before September 18, 2014. 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 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)

Dennis Johnson, Competition Policy Division, Wireline Competition Bureau,

dennis.johnson@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. 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. §

2 47 C.F.R. § 63.03(b)(2)(i).

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1.1206(b). Participants in this proceeding should familiarize themselves with the Commission’s ex parte

rules.

For further information, please contact Tracey Wilson at (202) 418-1394 or Dennis Johnson at

(202) 418-0809.

- FCC -

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