**DA 05-1277**

**Released: May 2, 2005**

**DOMESTIC SECTION 214 APPLICATION FILED FOR**

**TRANSFER OF CONTROL OF TGEC COMMUNICATIONS CO., LLC D/B/A FIRST WORLD
CONNECT, ALSO D/B/A FREE CHOICE COMMUNICATIONS**

**TO PACIFIC CENTREX SERVICES, INC. D/B/A PCSI**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 05-179**

**Comments Due: May 16, 2005**

**Reply Comments Due: May 23, 2005**

On April 21, 2005, TGEC Communications Co., LLC d/b/a First World
Connect, also d/b/a Free Choice Communications ("TGEC") and Pacific
Centrex Services, Inc. d/b/a PCSI ("PCSI") ("collectively Applicants"),
pursuant to section 63.03 and 63.04 of the Commission's rules,[^1] filed
an application requesting authority for the transfer of control of TGEC
to PCSI.[^2]

Applicants assert that this transaction is entitled to presumptive
streamlined treatment pursuant to section 63.03(b)(2)(i) of the
Commission's rules because (1) the proposed transfer will result in PCSI
having less than a ten percent (10%) share of the interstate,
interexchange market; (2) local exchange services will be provided in
geographic areas served by a dominant local exchange carrier who is not
a party to the transfer and; (3) neither TGEC nor PCSI is a dominant
carrier with respect to any service.[^3]

TGEC is a privately held limited liability company organized under the
laws of the state of California. TGEC is authorized to provide local
exchange and intrastate interexchange telecommunications services in
California. TGEC is also authorized to provide interstate interexchange
and international telecommunications services.

PCSI is a privately held corporation organized pursuant to the laws of
the state of California. PCSI is authorized to provide local exchange
and intrastate interexchange telecommunications services in fourteen
states, including California. At the present time, PCSI is operating in
California and Illinois only. PCSI is also authorized to provide
interstate interexchange and international telecommunications services.
PCSI has no affiliated companies and is 50% owned by M. Devin Semler, a
U.S. Citizen and 50% owned by Lisa Semler, a U.S. citizen.

On April 15, 2005, Applicants entered into an agreement whereby, upon
consummation of the transfer, PCSI will own 100% of the outstanding
Capital Units ownership interests in TGEC. TGEC will remain a separate
company, wholly-owned and operated by PCSI. TGEC is currently authorized
to provide interstate interexchange and international telecommunications
services and will continue to operate after the transfer.

Applicants assert that the proposed transfer of control is consistent
with the public interest. Applicants state that the transfer of control
will benefit consumers of domestic telecommunications market. According
to the Applicants, the benefits of competition will include lower prices
and increased availability of a variety of service options. The proposed
transfer will be transparent to customers, and will not result in the
change of any rate, term or condition of service. Moreover, TGEC will
continue to market, brand and bill its services in the same name.
Significantly, customers should benefit from the proposed transaction,
as it will ensure continuity of their telecommunications services. The
Applicants add that the proposed transaction will improve its overall
financial condition by replacing high cost debt with lower cost debt,
improving cash flow and thus enabling realization of significant
economic and marketing efficiencies, thereby allowing the Applicants to
compete more effectively and efficiently in the competitive
telecommunications marketplace, and enhancing its ability to offer
high-quality cost-competitive services.

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

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 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 on or before May 16, 2005** and **reply comments on or before
May 23, 2005**.[^4] Unless otherwise notified by the Commission, this
application will be deemed granted on the 31^st^ day after the date of
this notice.[^5] 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 e-mail to ecfs@fcc.gov, and should include the following
words in the subject line "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
appears 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, Natek, 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, Best Copy and Printing,
    Inc., 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554;
    e-mail: [www.bcpiweb.com;]() phone: 202-488-5300 fax: 202-488-5563;

(2) Tracey Wilson-Parker, Competition Policy Division, Wireline
    Competition Bureau, 445 12^th^ Street, S.W., Room 5-C437,
    Washington, D.C. 20554; e-mail: <tracey.wilson-parker@fcc.gov>;

(3) Denise Coca, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C330, Washington, D.C.
    20554; e-mail: <denise.coca@fcc.gov>;

(4) Renee R. Crittendon, Competition Policy Division, Wireline
    Competition Bureau, 445 12^th^ Street, S.W., Room 5-C311,
    Washington, D.C. 20554; e-mail: <renee.crittendon@fcc.gov>;

(5) Susan O'Connell, Policy Division, International Bureau, 445 12^th^
    Street, S.W., Room 7-B544, Washington, D.C. 20554; email:
    [susan.o'connell@fcc.gov](mailto:cynthia.bryant@fcc.gov); and

(6) James Bird, Office of General Counsel, 445 12^th^ Street, S.W., Room
    8-C740, Washington, D.C. 20554; e-mail: <james.bird@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, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW, Room CY-B402, Washington, DC, 20554, telephone: 202-488-5300, fax:
202-488-5563, or via e-mail [www.bcpiweb.com](http://www.bcpiweb.com/).

For further information, please contact Tracey Wilson-Parker, at (202)
418-1394, or Denise Coca at (202) 418-0574.

\- **FCC** -

[^1]: 47 C.F.R §§ 63.03, 63.04; *see* 47 U.S.C. § 214.

[^2]: Applicants are also filing applications for transfer of control
    associated with authorization for international services. Any action
    on this domestic 214 application is without prejudice to Commission
    action on other related, pending applications.

[^3]: 47 C.F.R § 63.03(b)(2)(i).

[^4]: *See* 47 C.F.R. § 63.03(a).

[^5]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.