Comment Sought on Domestic 214 Transfer of Cequel to Nespresso
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Released: August 1, 2012
DOMESTIC SECTION 214 APPLICATION FILED FOR THE
TRANSFER OF CONTROL OF CEQUEL COMMUNICATIONS HOLDINGS, LLC
TO NESPRESSO ACQUISITION CORPORATION
STREAMLINED PLEADING CYCLE ESTABLISHED
WC Docket No. 12-207
Comments Due: August 15, 2012
Reply Comments Due: August 22, 2012
Holdings, LLC (Cequel) (together, Applicants) filed an application pursuant to section 63.03 of the
Commission’s rules1 requesting approval for the transfer of control of Cequel to Nespresso.
Cequel, a Delaware limited liability company, controls various subsidiaries that provide
competitive telecommunications services that collectively do business as “Suddenlink Communications.”
Suddenlink is also the seventh largest cable operator in the U.S., providing cable TV, broadband Internet
access, Voice over Internet Protocol, and telecommunications services. Applicants state that Cequel
controls Cebridge Telecom CA, LLC, Cebridge Telecom, LA, LLC, Cebridge Telecom MO, LLC,
Cebridge Telecom NC, LLC, Cebridge Telecom OK, LLC, Cebridge Telecom TX, L.P., and Cebridge
Telecom WV, LLC, and Mercury Voice and Data, LLC that provide competitive telecommunications
services in Arizona, Arkansas, California, Louisiana, Missouri, North Carolina, Oklahoma, Texas, and
West Virginia. Cequel also indirectly controls TCA Communications, LLC, providing interexchange
services in Arkansas, Cequel Communications Access Services, LLC, and its affiliate, Orbis 1, L.L.C.,
both of which provide interexchange services nationwide.
Applicants state that Nespresso, a Delaware corporation that was formed for purposes of
acquiring the equity of Cequel, does not provide telecommunications service or cable service nor is it
affiliated with any provider of these services. Applicants further state that CPP LP, a to-be-formed
Delaware limited partnership, will hold approximately 48 percent of the equity of Nespresso.
Substantially all of the equity of CPP LP will be held by CPP Investment Board (USRE II) Inc., a
Canadian corporation. CPP Investment Board (USRE II) Inc. is wholly owned by CPP Investment Board,
a Canadian corporation and investment management entity that invests the assets of the Canada Pension
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, wireless, and cable television relay 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 July 31, 2012.
Plan. Applicants state that “BCP Funds,” a group of limited partnerships formed under the laws of
England, will also hold, in the aggregate, approximately 48 percent of the equity of Nespresso. They state
that none of the partnerships will hold 10 percent or more of the stock of Nespresso. They further state
that CIE Management IX Limited, an entity formed under the laws of the Bailiwick of Guernsey, is the
general partner and manager of each BCP partnership.2
Pursuant to the terms of the proposed transaction, Nespresso has agreed to purchase all of the
equity interests of Cequel. As a result, Nespresso will own and control, directly and indirectly, 100
percent of the equity of Cequel, which in turn will own and control, indirectly, 100 percent of the equity
of Cequel’s subsidiaries that provide domestic interstate and intrastate telecommunications services.
Applicants state that the proposed transaction is entitled to presumptive streamlined treatment under
section 63.03(b)(1)(ii) of the Commission’s rules3 and that a grant of the application will serve the public
interest, convenience, and necessity.
Domestic Section 214 Application Filed for the Transfer of Control of Cequel
Communications Holdings, LLC to Nespresso Acquisition Corporation, WC Docket No.
12-207 (filed July 23, 2012).
GENERAL INFORMATIONThe 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 August 15, 2012, and reply comments on or
before August 22, 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.4
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
In addition, e-mail one copy of each pleading to each of the following:
1) Jodie May, Competition Policy Division, Wireline Competition Bureau, email@example.com;
2 Applicants state that the directors of CIE Management IX Limited are: Mark Naylor Huntley (United Kingdom
citizenship), Matthew Christopher Elston (United Kingdom citizenship), Laurence Shannon McNairn (United
Kingdom citizenship), Stefano Quadrio Curzio (Italy citizenship), and Michael Andrew Twinning (United Kingdom
citizenship). For the BCP Funds, the directors of BC Partners Holdings Limited are: Mark Naylor Huntley (United
Kingdom citizenship), Matthew Christopher Elston (United Kingdom citizenship), Laurence Shannon McNairn
(United Kingdom citizenship), Stefano Quadrio Curzio (Italy citizenship), Michael Andrew Twinning (United
Kingdom citizenship), and Francesco Loredan (Italy citizenship); the shareholders (five percent or greater) of BC
Partners Holdings Limited are Charles Walter Arden Bott (United Kingdom citizenship), Andre Hubert Francois-
Poncet (France citizenship), Francesco Loredan (Italy citizenship), Andrew James Tompsett Newington (United
Kingdom citizenship), and Stefano Quadrio Curzio (Italy citizenship).
3 47 C.F.R. § 63.03(b)(1)(ii).
4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.
2) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,
3) David Krech, Policy Division, International Bureau, firstname.lastname@example.org; and
4) Jim Bird, Office of General Counsel, email@example.com.
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 firstname.lastname@example.org 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.5 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)
5 47 C.F.R. §§ 1.1200 et seq.
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