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Domestic Section 214 Transfer of Control of Niagara Telephone Company

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Released: November 27, 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 13-2287

Released: November 27, 2013

DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF

NIAGARA TELEPHONE COMPANY AND BORDERLAND COMMUNICATIONS, LLC

TO NORTHEAST COMMUNICATIONS OF WISCONSIN, INC.

D/B/A NSIGHT TELSERVICES

NON-STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 13-283

Comments Due: December 11, 2013
Reply Comments Due: December 18, 2013

On November 20, 2013, the Shareholders of Niagara Telephone Company (Niagara) and
Northeast Communications of Wisconsin, Inc. d/b/a Nsight Telservices (Nsight) (collectively, Applicants)
filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer control of Niagara
and its wholly-owned subsidiary, Borderland Communications, LLC (Borderland), from Niagara’s
current shareholders to Nsight.
Niagara, a Wisconsin corporation, is an incumbent local exchange carrier (LEC) serving
approximately 3,200 access lines in the following Wisconsin Counties: Marinette and Florence.
Niagara’s wholly-owned subsidiary, Borderland, a Wisconsin limited liability company, provides
competitive LEC services to approximately 80 access lines in Dickinson County, Michigan. Borderland
also provides resold interstate services to customers located in the Niagara and Borderland local exchange
service areas. Borderland does not provide competitive LEC services in Wisconsin. Niagara’s wholly-
owned subsidiary, Niagara Wireless, LLC, a Wisconsin limited liability company, holds a number of
wireless licenses covering parts of Wisconsin and Michigan.2
Nsight, a Wisconsin corporation, is a holding company and the parent company and 100 percent
owner of (1) Northeast Telephone Company, LLC, a Wisconsin limited liability company and incumbent
LEC serving approximately 4,700 access lines in the following Wisconsin Counties: Brown, Oconto,


1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing an application 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
domestic section 214 application on November 26, 2013.
2 Applicants state that Niagara Wireless, LLC is not part of the proposed transaction.
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Outagamie, and Shawano; (2) Bayland Telephone, LLC, a Wisconsin limited liability company and
incumbent LEC serving approximately 1,700 access lines in Oconto County, Wisconsin; (iii) NET LEC,
LLC, Brown County CLEC, LLC, and Bayland Communications, LLC, each being a Wisconsin limited
liability company that serve in combination approximately 5,500 access lines and provide competitive
LEC services predominately to business customers in the following Wisconsin Counties: Brown,
Outagamie, Oconto, and Winnebago. None of these companies provide LEC services in Michigan.
Applicants state that the only entity that will own at least 10 percent of the equity of Niagara after
consummation of the transaction is Northeast Communications of Wisconsin, Inc., a Wisconsin
corporation. The following U.S. citizens and U.S. based entity own at least 10 percent of Nsight’s equity:
Patrick D. Riordan (14.98 percent); Robert H. Riordan (11.32 percent), and Tailwind Capital Partners
(13.64 percent).
Applicants state that Nsight provides wireless service over a portion of Niagara’s telephone
exchange service area via its Wisconsin RSA No. 4 Limited Partnership. They further state that Nsight,
via Nsight Spectrum, LLC, has a PCS license that serves the area in which Borderland provides service.
Other than the wireless overlap, neither Niagara and Nsight nor their respective affiliated companies have
overlapping telephone exchange service areas or adjacent telephone exchange service areas. Because this
transaction is more complex than usual, in order to analyze whether the proposed transaction would serve
the public interest, this application will not be streamlined.3
Applicants state that the proposed transaction will be accomplished in two steps with the result
that all of the issued and outstanding common stock of Niagara will be owned by Nsight. Applicants
assert that the proposed transaction will serve the public interest because Nsight is an established rural
telecommunications provider that will ensure Niagara’s customers continue to receive high quality
services at affordable rates.
Domestic Section 214 Application Filed for the Transfer of Control of Niagara Telephone
Company and Borderland Communications, LLC to Northeast Communications of Wisconsin,
Inc. d/b/a Nsight Teleservices, WC Docket No. 13-283 (filed Nov. 20, 2013).

GENERAL INFORMATION

The transfer of control identified herein has been found, upon initial review, to be
acceptable for filing as a non-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 11, 2013,
and reply comments on or before December 18, 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.
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;


3 47 C.F.R. § 63.03(b), (c)(1)(v).
2

2) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov;
3) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and
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. 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 Jodie May at
(202) 418-0913.
- FCC -
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