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Comment Sought on Domestic 214 Transfer of Mpower by Cox

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Released: May 14, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1102

Released: May 14, 2013





WC Docket No. 13-117

Comments Due: May 28, 2013
Reply Comments Due: June 4, 2013

On May 8, 2013, Mpower Communications Corp. (Mpower) and Cox Communications, Inc., on
behalf of itself and its wholly owned subsidiary, Cox Nevada Telecom LLC (with Cox Communications,
Inc., Cox) (together, with Mpower, Applicants) filed an application pursuant to section 63.03 of the
Commission’s rules1 to transfer certain assets of Mpower to Cox.
Mpower, a Nevada corporation, serves customers in Nevada and California. Mpower is affiliated
with the following entities: (i) U.S. TelePacific Corp., which provides business communications services
including local, long distance, data and Internet services to small and medium sized businesses in Nevada
and California; (ii) Arrival Communications, Inc., provides telecommunications services in California;
(iii) TelePacific Communications Co., which provides telecommunications services in Texas; and (iv)
NextWeb, Inc., which provides high-speed Internet access in California and Nevada.
Cox, a Delaware corporation, provides domestic telecommunications services, broadband service
and video service in nineteen states, serving more than six million customers in the residential, small and
medium business and enterprise markets. In Nevada, Cox provides domestic telecommunications
services through its indirect, wholly-owned subsidiary Cox Nevada Telcom, LLC. Cox is a non-dominant
carrier and is not affiliated with any dominant carrier. Cox Enterprises, Inc. (Cox Enterprises), a U.S.
holding company, wholly owns Cox. Cox Enterprises is owned by the following U.S. entities: Daytona-
Cox Trust A (43 percent); Atlanta Trust (30.6 percent); and Trailsend Ventures, LLC (Trailsend
Ventures) (25.8 percent). Trailsend Ventures is owned by The Anthony Descendants Trust (98.3
percent), a U.S. trust.2

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 Anne Cox Chambers and Jimmy W. Hayes are trustees of the Dayton-Cox Trust A and The Anthony Descendants
Trust. James C. Kennedy is a trustee of Dayton-Cox Trust A and The Anthony Descendants Trust and is the sole
trustee of the Atlanta Trust. All the trustees for the listed trusts are U.S. citizens.

Pursuant to the terms of the proposed transaction, Cox will acquire approximately 118 customers
at multiple-dwelling units in Nevada from Mpower. As a result, Cox will become the local and long
distance telephone service provider for these customers. Applicants assert that the proposed transaction is
entitled to presumptive streamlined treatment under sections 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 Mpower
Communications Corp. by Cox Communications, Inc., WC Docket No. 13-117 (filed
May. 8, 2013).


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 May 28, 2013, and reply comments on or
before June 4, 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) Dennis Johnson, 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

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.

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 Tracey Wilson at (202) 418-1394 or Dennis Johnson at
(202) 418-0809.
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