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Comment Sought on Domestic 214 Transfer of dishNET to Birch

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Released: May 2, 2014


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-598

Released: May 2, 2014





WC Docket No. 14-65

Comments Due: May 16, 2014
Reply Comments Due: May 23, 2014

On April 22, 2014, Birch Communications, Inc. (BCI), Birch Telecom, Inc. (Birch Telecom)
(together, Birch), and dishNET Wireline, LLC (dishNET) (collectively, Applicants) filed an application
pursuant to section 63.03 of the Commission’s rules to transfer certain assets of dishNET to Birch. 1
dishNET, a Colorado limited liability company, is certified to offer competitive local exchange
(LEC), intrastate, and interstate services in 47 states and the District of Columbia. It currently provides
services in the 14-state CenturyLink region, Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. BCI, a
Georgia corporation, and its wholly owned subsidiary, Birch Telecom, a Delaware corporation, offer or
are certificated to offer through operating subsidiaries competitive LEC, intrastate, and interstate services
in the District of Columbia and 50 states. Birch Communications Holdings, Inc. (Birch Holdings), a
Georgia corporation, owns a 100 percent equity and voting interest in BCI. Applicants state that the
following U.S citizens hold a five percent or greater voting and equity interest in Birch Holdings:
Holcombe Green (53 percent), R. Kirby Godsey (21 percent), and Vincent Oddo (7 percent). Applicants
further state that these individuals hold interests in Tempo Telecom, LLC, a nationwide reseller of
prepaid wireless voice and data services.2
Pursuant to the terms of the proposed transaction, Birch will purchase customers that currently
receive services from dishNET under the “Liberty-Bell Telecom” trade name in Colorado, New Mexico,
and Utah. The proposed transaction does not include the residential customers receiving services from

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.
2 Birch has also filed a pending domestic section 214 application to acquire control of Cbeyond Communications,
LLC, which provides competitive telecommunications services in multiple states. Birch Communications, Inc. and
Birch Telecom, Inc. and Cbeyond Communications, LLC Application for Consent for a Transfer of Control
, WC
Docket No. 14-64 (filed Apr. 22, 2014).

dishNET. Applicants state that Jonex Communications North, Inc. d/b/a Birch Communications will
provide services to the affected customers. 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 necessity.3
Domestic Section 214 Application Filed for the Acquisition of Certain Assets of dishNET
Wireline, LLC by Birch Communications, Inc. and Birch Telecom, Inc., WC Docket No.
14-65 (filed Apr. 22, 2014).


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 May 16, 2014, and reply comments on or
before May 23, 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.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
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

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.

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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