**DA 04-3398**

**Released: October 26, 2004**

**DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF
TRI-COUNTY TELCOM, INC. TO HANSON COMMUNICATIONS, INC.\
**

**NON-STREAMLINED Pleading Cycle Established**

**WC Docket No. 04-394**

**Comments Due: November 9, 2004**

**Reply Comments Due: November 16, 2004**

On September 29, 2004, James O. Ekstrand ("Mr. Ekstrand" or
"Transferor") and Hanson Communications, Inc. ("Hanson" or "Transferee")
(together, "Applicants") filed an application, pursuant to sections
63.03 and 63.04 of the Commission's rules,[^1] requesting approval to
transfer control of Tri-County Telcom, Inc. ("Tri-County") and its
domestic blanket Section 214 authorizations from Mr. Ekstrand to Hanson.

Tri-County is a small, rural telephone company that provides local
exchange service and exchange access service to residential and business
customers in two South Dakota telephone exchanges. Tri-County also owns
and operates a cable television system in Emery, South Dakota.
Tri-County provides no other domestic telecommunications services, and
has no subsidiaries or other affiliates that provide domestic
telecommunications services. Tri-County is wholly owned by James O.
Ekstrand. James O. Ekstrand does not own, control, or hold a 10 percent
or greater equity interest in any other entity that provides domestic
telecommunications services.

Hanson does not presently provide domestic telecommunications services,
but holds a certificate of authority from the South Dakota Public
Utilities Commission to provide local exchange service. Hanson is wholly
owned by McCook Cooperative Telephone Company (McCook) and has no other
affiliates that provides domestic telecommunications services. McCook is
a small, rural telephone company that provides local exchange service
and exchange access service to residential and business customers in six
South Dakota telephone exchanges. McCook also owns and operates cable
television systems at Salem, Alexandria, Spencer and Canova, South
Dakota.

The proposed transaction entails the sale of all of the issued and
outstanding shares of the capital stock of Tri-County to Hanson. After
completion of the proposed transaction, Tri-County will continue to own
and operate the Emery and Clayton exchanges and its other
telecommunications and non-telecommunications businesses, but will be
owned and controlled by Hanson rather than Mr. Ekstrand. After
completion of the proposed transaction, Hanson will control Tri-County
through the ownership of all of Tri-County's issued and outstanding
capital stock. Hanson formerly owned and operated the Salem, South
Dakota exchange, but transferred that exchange to McCook in 2001 so that
its Salem customers could become member-owners of the cooperative. The
McCook and Tri-County exchanges are adjacent to each other in certain
areas.[^2]

The Applicants assert that granting this application is in the public
interest because the proposed transaction is a transfer of control of a
rural telephone company serving two small rural exchanges to Hanson, a
wholly-owned subsidiary of McCook, an unrelated rural telephone company.
The Applicants state that the proposed transaction will not affect the
rural telephone company status of McCook or Tri-County or significantly
change the competitive position of either entity. The Applicants also
assert that both before and after the proposed transaction, customers in
the Emery and Clayton exchanges will have the option to presubscribe to
the toll services provided by well over forty interexchange carriers. In
sum, the Applicants state that the proposed transaction will provide the
rural customers of Tri-County's Emery and Clayton exchanges with a new
owner that has a proven interest and record of operating high-quality
rural telephone exchanges.

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

The transfer of control identified herein has been found, upon initial
review, to be acceptable for filing as a non-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 on or before November
9, 2004** and **reply comments on or before November 16, 2004**.[^3]
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:**

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;

(1) Tracey Wilson, 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>;

(2) Kimberly Jackson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room , Washington, D.C. 20554;
    e-mail: [kimberly.jackson@fcc.gov](mailto:Kimberly.jackson@fcc.gov);

(3) Terri Natoli, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-A322, Washington, D.C.
    20554; e-mail: <terri.natoli@fcc.gov>;

(4) James Bird, Office of General Counsel, 445 12^th^ Street, S.W., Room
    8-C824, 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 Kimberly Jackson at (202) 418-7393.

\- **FCC** -

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

[^2]: *See* 47 C.F.R. § 63.03(b)(2)(iii).

[^3]: *See* 47 C.F.R. § 63.03(a).