**DA 02-2615**

**Released: October 10, 2002**

**DOMESTIC SECTION 214 APPLICATION FILED FOR CONSENT TO ACQUISITION OF
ASSETS OF TELCORP, LTD. BY NUI TELECOM, INC.**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 02-323**

On September 9, 2002, Telcorp, Ltd. (Telcorp) and NUI Telcom, Inc. (NUI)
filed an application pursuant to section 214 of the Communications Act
of 1934, as amended, 47 U.S.C. § 214, for consent to the acquisition of
assets of Telcorp by NUI.[^1]

Applicants assert that this application is subject to streamlined
processing under section 63.03(b)(1)(i) of the Commission's rules
because both applicants are non-facilities based carriers, and under
section 63.03(b)(2)(i) because neither of the applicants is dominant
with respect to any service.[^2]

Telcorp, transferor, is a corporation organized under the laws of the
State of New York. Telcorp is a non-dominant carrier that resells
domestic and international long distance service from various
facilities-based carriers. Telcorp is authorized by the Commission to
offer domestic interstate and international services in 50 states and
the District of Columbia.

NUI, transferee, is a corporation organized under the laws of the State
of New Jersey. NUI is a non-dominant carrier that provides intrastate,
interstate and international long distance service through resale of
purchased services from various facilities-based carriers. NUI is
authorized by the Commission to offer domestic interstate and
international services in 50 states and the District of Columbia.

NUI and Telcorp have entered into an asset purchase agreement whereby
NUI will purchase the assets of Telcorp. NUI proposes to acquire the
customer accounts and related telecommunications assets of Telcorp and
to begin to provide long distance service to the customers of Telcorp.
After the transaction, NUI will continue to operate, in all material
respects, as it currently operates. The technical, managerial and
financial personnel of NUI will remain the same and NUI will continue to
provide service under its present section 214 authority. NUI will
continue to operate as a non-dominant carrier.

Applicants assert that grant of this application will serve the public
interest by permitting the combined companies to compete more
effectively in the market for resold services. They state that NUI's
operations will more readily increase in size and profitability due to
enhanced economies of scale, and as a result, the combined companies
will be able to offer better service to customers at competitive rates,
which will benefit consumers.

**[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>; 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 Bill Dever, Competition Policy Division, Wireline Competition Bureau
at (202) 418-1578.

\- **FCC** -

[^1]: The applicants have also filed an application to transfer
    Telcorp's international section 214 authorization to NUI, which will
    be handled separately. Action on this domestic 214 application is
    without prejudice to Commission action on any other related pending
    application.

[^2]: *See* 47 C.F.R. §§ 63.03(b)(1)(i), 63.03(b)(2)(i).

[^3]: *See* 47 C.F.R. § 63.03(a).