**DA 05-1049**

**Released: April 8, 2005**

**DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL AND
ACQUISITION OF ASSETS OF RCC ATLANTIC LONG DISTANCE, INC., BY NATIONAL
MOBILE COMMUNICATIONS CORPORATION**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 05-167**

**Comments Due: April 22, 2005**

**Reply Comments Due: April 29, 2005**

On March 29, 2005, RCC Atlantic Long Distance, Inc. d/b/a Unicel Long
Distance ("RCC-LD) and National Mobile Communications Corporation d/b/a
SoVerNet Communications ("NMC") (collectively the "Applicants"),
pursuant to sections 63.03 and 63.04 of the Commission's rules,[^1]
filed an application requesting authority to transfer control to NMC of
authorizations held by RCC-LD under Section 214 of the Communications
Act, to provide resold telecommunications services to domestic points on
a nondominant basis. This transfer is in relation to operations of
RCC-LD in the State of Vermont.[^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 immediately following the transactions, (1)
Applicants and their affiliates (as defined in Section 3(1) of the
Communications Act -- "Affiliates") combined will hold less than a ten
percent (10%) share of the interstate, interexchange market; (2)
Applicants and their Affiliates will provide local exchange service only
in areas served by dominant local exchange carriers (none of which is a
party to the proposed transactions) and; (3) None of the Applicants or
their Affiliates is dominant with respect to any service.[^3]

RCC-LD resells intrastate, interstate and international long distance
toll services to households and businesses located in Vermont and New
Hampshire. RCC-LCD is a corporation organized under the laws of
Minnesota. RCC-LD also operates as a reseller of domestic
telecommunications services in the State of New Hampshire, but such
operations are not included in the transfer proposed in this
application. As such, RCC-LCD must retain section 214 authorization for
any domestic resale operations that may be ongoing when the proposed
sale to NMC is completed.

NMC is experienced in the provision of telecommunications services and
is authorized by the Vermont Public Service Board to provide
facilities-based and resold telecommunications services in Vermont. NMC
is a corporation organized under the laws of Massachusetts. NMC is 100%
owned by SoVerNet, Inc., whose principal business is telecommunications.
SoVerNet, Inc. is organized under the laws of Vermont. Those individuals
that currently own or control more than a 10% interest in SoVerNet, Inc.
are: Thomas Lyons (30%); Jay Eshelman (16.5%); JB Elliot (15%); and Erik
Leo, (27.5%). These individuals are U.S. Citizens.

RCC-LD has entered into an agreement to sell to NMC assets relating to
RCC-LD's long distance resale business in the State of Vermont. The sale
will include RCC-LD's customer accounts in Vermont. Upon completion of
the proposed transaction, RCC-LD will no longer operate as a reseller of
domestic telecommunications services in the state. RCC-LD relies on
"blanket" section 214 authorization for domestic resale operations. NMC
anticipates no interruption of services to the public as the result of
the proposed transaction, and the customers of RCC-LD have been notified
of such transaction.[^4] NMC indicates it will become the provider of
domestic interexchange services for all customers who do not exercise
their right to change carriers pursuant to section 64.1120 of the
Commission's rules.

The Applicants state that the proposed transaction will serve the public
interest. NMC asserts that it is experienced in the provision of
telecommunications services and is authorized by the Vermont Public
Service Board to provide facilities-based and resold telecommunications
services in Vermont. Upon completion of the proposed transaction, NMC
will provide the same high quality telecommunications services that
RCC-LD currently offers. Furthermore, the Applicants assert the proposed
transaction presents no potential to harm the public interest, and that
it does not impair competition in any local exchange or long distance
toll market. NMC does not plan to change the rates and services offered
by RCC-LD.

**[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 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 April 22,
2005** and **reply comments on or before April 29, 2005**.[^5] Unless
otherwise notified by the Commission, Applicants are permitted to
transfer the assets and related control on the 31^st^ day after the date
of this notice.[^6] 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 12th Street, SW, Room CY-B402, Washington, DC 20554,
    [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-C212,
    Washington, D.C. 20554; e-mail: <tracey.wilson-parker@fcc.gov>;

(3) Erin Boone, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-, Washington, D.C. 20554;
    e-mail: erin.boone[\@fcc.gov](mailto:kimberly.jackson@fcc.gov)

(4) Terri B. Natoli, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C234, Washington, D.C.
    20554; e-mail: <terri.natoli@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-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 Erin Boone at (202) 418-0064.

\- **FCC** -

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[^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]: In accordance with Section 64.1120(e)(3) of the Commission's
    Rules, NMC has notified Vermont customers of the proposed change in
    ownership and transfer of their customer accounts to NMC.

[^5]: *See* 47 C.F.R. § 63.03(a).

[^6]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.