**DA 08-2024**

> **Released: August 29, 2008**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL**

**OF FIBERLINK LLC D/B/A COLUMBIA FIBER SOLUTIONS FROM**

**COLUMBIA VENTURES CORPORATION TO ZAYO GROUP, LLC**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 08-174**

**Comments Due: September 12, 2008**

**Reply Comments Due: September 19, 2008**

On August 25, 2008, Columbia Ventures Corporation (CVC), FiberLink LLC
d/b/a Columbia Fiber Solutions (CFS), and Zayo Group, LLC (Zayo)
(collectively, Applicants) filed an application pursuant to section
63.03 of the Commission's rules requesting approval for the transfer of
control of CFS to Zayo.[^1] CFS, a Washington limited liability company,
is wholly owned by CVC, a Washington corporation wholly owned by Kenneth
D. Peterson, Jr., a U.S. citizen CFS provides competitive fiber-optic
network services in eastern Washington and northern Idaho. Zayo, a
Delaware corporation, is wholly owned by Communications Infrastructure
Investments, LLC, also a Delaware limited liability company.[^2] The
following U.S.-based entities hold, directly or indirectly, a ten
percent or greater interest in CII: Oak Investment Partners XII, Limited
Partnership; Oak Associates XII, LLC[^3]; M/C Venture Partners VI, L.P.;
M/C VP VI, LP; M/C Venture Partners, LLC[^4]; Columbia Capital Equity
Partners IV (QP), L.P.; Columbia Capital IV, LLC[^5]; Battery Ventures
VII, LP; and Battery Partners VII, LLC.[^6] Applicants state that the
M/C Venture entities have interests in other telecommunications carriers
that provide competitive telecommunications services in multiple
states.[^7] Pursuant to the terms of the proposed transaction, Zayo will
acquire from CVC all of its membership interests in CFS. 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.[^8]

> Application Filed for the Transfer of Control of FiberLink LLC d/b/a
> Columbia Fiber Solutions from Columbia Ventures Corporation to Zayo
> Group, LLC, WC Docket No. 08-174 (filed Aug. 25, 2008).

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

The Wireline Competition Bureau finds, upon initial review, that the
transfer of control identified herein is 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. Pursuant to section 63.03(a) of the Commission's
rules, 47 C.F.R. § 63.03(a), interested parties may file comments **on
or before September 12, 2008,** and reply comments **on or before
September 19, 2008**. Unless otherwise notified by the Commission, the
Applicants may transfer control on the 31^st^ day after the date of this
notice.[^9] Comments must be filed electronically using (1) the
Commission's Electronic Comment Filing System (ECFS) or (2) the Federal
Government's eRulemaking Portal. *See* 47 C.F.R. § 63.03(a) ("All
comments on streamlined applications shall be filed
electronically . . . ."); *Electronic Filing of Documents in Rulemaking
Proceedings*, 63 FR 24121 (1998).

-   Comments may be filed electronically using the Internet by accessing
    the ECFS, <http://www.fcc.gov/cgb/ecfs/>, or the Federal eRulemaking
    Portal, [http://www.regulations.gov](http://www.regulations.gov/).
    Filers should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

**In addition, email one copy of each pleading to each of the
following**:

1)  The Commission's duplicating contractor, Best Copy and Printing,
    Inc., <fcc@bcpiweb.com>; phone: 202 / 488-5300; fax: 202 / 488-5563;

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1)  Tracey Wilson-Parker, Competition Policy Division, Wireline
    Competition Bureau, <tracey.wilson-parker@fcc.gov>;

2)  Jodie May, Competition Policy Division, Wireline Competition Bureau,
    jodie.may@fcc.gov;

> 4\) Jim Bird, Office of General Counsel, <jim.bird@fcc.gov>.

Filings and comments are available for public inspection and copying
during regular business hours at the FCC Reference Information Center,
Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554.
They may also be purchased from the Commission's duplicating contractor,
Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554; telephone: 202 / 488-5300; fax:
202 / 488-5563; email: <fcc@bcpiweb.com>; url:
[www.bcpiweb.com](http://www.bcpiweb.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 <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202 / 418-0530 (voice), 202 / 418-0432
(tty).

For further information, please contact Tracey Wilson-Parker at
202 / 418-1394 or Jodie May at 202 / 418-0913.

**- FCC -**

[^1]: 47 C.F.R § 63.03; *see* 47 U.S.C. § 214.

[^2]: Zayo does not provide telecommunications services, but states that
    it controls several fiber-based telecommunications entities that
    provide competitive service in multiple states: Zayo Bandwidth
    Tennessee, LLC; Zayo Bandwidth Northeast, LLC; Zayo Bandwidth
    Northeast Sub, LLC; Zayo Bandwidth Indiana, LLC; Onvoy, Inc.;
    Minnesota Independent Equal Access Corporation; Zayo Bandwidth
    Central, LLC; Zayo Bandwidth Central (Virginia), LLC; and Zayo
    Bandwidth Northwest, Inc.

[^3]: The following U.S. citizens are the executive managing members of
    Oak Associates, LLC: Bandel L. Carano, Edward F. Glassmeyer, Ann H.
    Lamont, and Frederic W. Harman.

[^4]: The following U.S. citizens are the managing members of M/C
    Venture Partners, LLC: James F. Wade, David D. Croll, Matthew J.
    Rubins, John W. Watkins, and John Van Hooser.

[^5]: The following U.S. citizens are the managing members of Columbia
    Capital IV, LLC: James B. Fleming, Jr., R. Philip Herget, III, and
    Harry F. Hopper III.

[^6]: The following U.S. citizens are the managing members of Battery
    Partners VII, LLC: Tom Crotty (Executive Managing Member), Rick
    Frisbie, Ken Lawler, Morgan Jones, Scott Tobin, Dave Tabors, Mark
    Sherman, and Roger Lee.

[^7]: The identities and service areas of these affiliates are listed on
    pages 13-15 of the Application.

[^8]: 47 C.F.R. § 63.03(b)(2)(i).

[^9]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.