**DA 02-1864**

**Released: August 6, 2002**

**DOMESTIC SECTION 214 APPLICATION FILED FOR CONSENT TO ACQUIRE ASSETS
OF WESTERN INTEGRATED NETWORKS OF CALIFORNIA**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 02-191**

On June 21, 2002, SureWest TeleVideo (SureWest), pursuant to section 214
of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (the
Act), filed an application for approval to acquire the assets and
customer base of Western Integrated Networks of California Operating
L.L.C. (WINfirst). The asset acquisition has been submitted for approval
by the United States Bankruptcy Court for the District of Colorado.

SureWest states that WINfirst is a non-dominant carrier that provides
services exclusively outside the geographic areas where SureWest,
through its affiliate Roseville Telephone Company (Roseville), provides
service as an incumbent local exchange carrier (LEC). Accordingly,
SureWest asserts that this application is subject to streamlined
processing under section 63.03(b)(2)(ii) of the Commission's rules.[^1]

SureWest is wholly owned by SureWest Communications, a publicly traded
company. The only entity controlling at least ten percent (10%) of
SureWest is the SureWest Employee Benefit Plan. This transaction
involves the acquisition of the WINfirst assets and customer base
through an asset purchase agreement with SureWest and its parent company
and subsequent operations by SureWest.

SureWest currently provides no domestic telecommunications services, but
its affiliate Roseville provides incumbent LEC services in the
Roseville, and Citrus Heights, California telephone exchange areas.
Roseville currently provides domestic telecommunications services as a
competitive LEC in portions of Placer County and portions of the
Sacramento County telephone exchanges areas of California. SureWest
affiliate Roseville Long Distance Company provides domestic
telecommunications services as a non-dominant reseller of interexchange
service nationwide.

WINfirst and its affiliates currently provide domestic
telecommunications services as a competitive LEC in the telephone
exchange areas of portions of Sacramento County, California. WINfirst
and its affiliates provide domestic telecommunications services as a
non-dominant reseller of interexchange service nationwide.

Once it acquires WINfirst's assets and customer base, SureWest states
that it will have a market share in the interstate, interexchange market
of less than ten percent (10%). In addition, SureWest claims it would
provide exchange access services through the acquisition exclusively in
geographic areas served by a dominant LEC that is not a party to this
transaction. SureWest, by virtue of its affiliation with Roseville, is
an incumbent carrier, but WINfirst is a non-dominant carrier that
provides services exclusively outside the SureWest service areas.
Furthermore, SureWest asserts that granting its application will serve
the public interest by ensuring continued and uninterrupted access to
the public switched telephone network by customers who are currently
subscribing to services from WINfirst. [^2] SureWest seeks special
consideration of this application as WINfirst, a Chapter 11 Bankrupt
Debtor faces imminent business failure and disconnection of services to
customers.

**[GENERAL INFORMATION]{.underline}**

The transfer of control application 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 of
control application if, upon further examination, it is determined to be
defective and not in conformance with the Commission's rules and
policies. Interested parties may file **comments within 14 days** and
**reply comments within 21 days** of this notice.[^3] Unless otherwise
notified by the Commission, an applicant is permitted to transfer
control of the domestic lines or authorization to operate on the 31^st^
day after the date of this notice. Comments may be filed using the
Commission\'s Electronic Comment Filing System (ECFS) or by filing paper
copies. *See Electronic Filing of Documents in Rulemaking Proceedings*,
63 Fed. Reg. 24121 (1998).

Comments filed through the ECFS can be sent as an electronic file via
the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of this proceeding, however,
commenters must transmit one electronic copy of the comments to each
docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet
e-mail. To get filing instructions for e-mail comments, commenters
should send an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, \"get form \<your e-mail address\>.\"
A sample form and directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission\'s contractor, Vistronix, Inc., will
receive hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 20002. The filing hours at this location are 8:00 a.m.
to 7:00 p.m. All hand deliveries must be held together with rubber bands
or fasteners. Any envelopes must be disposed of before entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Office of the Secretary, Federal Communications
Commission.

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) the Commission's duplicating contractor, Qualex International, 445
    12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554; e-mail:
    <qualexint@aol.com;> facsimile: (202) 863-2898; phone: (202)
    863-2893.

(2) Tracey Wilson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C437, Washington, D.C.
    20554; e-mail: [twilson@fcc.gov](mailto:jmyles@fcc.gov), and

(3) Dennis Johnson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 6-A461, Washington, D.C.
    20554; e-mail: [dcjohnso@fcc.gov]{.underline}, and

(4) Imani Ellis-Cheek, Telecommunications Division, International
    Bureau, 445 12^th^ Street, S.W., Room 6-A739, Washington, D.C.
    20554; email: <iellis@fcc.gov>; and

(5) Nandan Joshi, Office of General Counsel, 445 12^th^ Street, S.W.,
    Room 8-A820, Washington, D.C. 20554; e-mail: <njoshi@fcc.gov>.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC,
20554. They may also be purchased from the Commission\'s duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail <qualexint@aol.com>.

For further information, please contact Tracey Wilson, at (202) 418-1394
or Dennis Johnson, Competition Policy, Wireline Competition Bureau at
(202) 418-0809.

\- **FCC** -

[^1]: 47 C.F.R. § 63.03(b)(2)(ii).

[^2]: The only other Commission application related to this transaction
    is a jointly filed application to transfer control of international
    section 214 authority.

[^3]: *See* 47 C.F.R. § 63.03(a).