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Comment Sought on Domestic 214 Transfer Certain Assets of Lightyear-SE

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Released: July 1, 2013


Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1486

Released: July 1, 2013





WC Docket No. 13-164

Comments Due: July 15, 2013
Reply Comments Due: July 22, 2013

On June 18, 2013, Birch Communications, Inc. (Birch), Birch Telecom, Inc. (Birch Telecom)
(together, Birch), Lightyear Network Solutions, LLC (Lightyear), and SE Acquisitions, LLC (SE)
(collectively, Applicants) filed an application pursuant to section 63.03 of the Commission's rules1 to
transfer certain assets of Lightyear and SE to Birch.
Lightyear, a Kentucky limited liability company, offers or is certified to offer competitive local
exchange (LEC) and interexchange services nationwide, including in the District of Columbia and Puerto
Rico, with the exception of Alaska. 2 SE, a Kentucky limited liability company, is a subsidiary of
Lightyear and is certified to offer competitive LEC and interexchange services in Kentucky.
BCI, a Georgia corporation, and its wholly owned subsidiary, Birch Telecom, a Delaware
corporation, offer or are certificated to offer through their operating subsidiaries competitive LEC and
interexchange services in the District of Columbia and 48 states with applications pending in Arizona and
West Virginia. Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation, owns a
100 percent equity and voting interest in BCI. Applicants state that Holcombe Green, a U.S. citizen,
holds a 66 percent equity and voting interest, and R. Kirby Godsey, a U.S. citizen, holds a 32 percent
equity and voting interest in Birch Holdings. Applicants further state that these individuals hold interests
in Tempo Telecom, LLC, a reseller of prepaid wireless voice and data services in 18 states.

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. Applicants filed a supplement to their
domestic section 214 application on July 1, 2013.
2 Applicants state that Lightyear is not certified to provide local services in the District of Columbia, Puerto Rico,
Arizona, Connecticut, Delaware, Wyoming, or South Dakota.

Pursuant to the terms of the proposed transaction, Birch will purchase certain assets and
customers of Lightyear and SE, including customer accounts and contracts. Applicants assert that the
proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the
Commission's rules and that a grant of the application will serve the public interest, convenience, and
Domestic Section 214 Application Filed for the Acquisition of Certain Assets and
Customers of Lightyear Network Solutions, LLC and SE Acquisitions, LLC by Birch
Communications, Inc. and Birch Telecom, Inc., WC Docket No. 13-164 (filed June 18,


The 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 July 15, 2013, and reply comments on or
before July 22, 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. 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) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,;
2) Jodie May, Competition Policy Division, Wireline Competition Bureau,;
3) David Krech, Policy Division, International Bureau,; and
4) Jim Bird, Office of General Counsel,
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 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

3 47 C.F.R. 63.03(b)(2)(i).
4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.
5 47 C.F.R. 1.1200 et seq.

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 Tracey Wilson at (202) 418-1394 or Jodie May at
(202) 418-0913.
- FCC -

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