**DA 03-1907**

**Released: June 6, 2003**

**WIRELINE COMPETITION BUREAU GRANTS CONSENT FOR ACQUISITION OF CERTAIN
ASSETS OF ADELPHIA BUSINESS SOLUTIONS BY BELLSOUTH**

**WC Docket No. 02-181**

Pursuant to section 214 of the Communications Act of 1934, as amended,
47 U.S.C. § 214, and sections 0.91, 0.291, and 63.03 of the Commission's
rules, 47 C.F.R. §§ 0.91, 0.291, and 63.03, the Wireline Competition
Bureau (Bureau) approves the application of Adelphia Business Solutions
("Applicant") requesting authority to transfer control to BellSouth of
certain of its resale customer base (approximately 10,000 lines)
existing in the states of Alabama, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina and Tennessee
within BellSouth service areas.[^1] Applicant is a debtor-in-possession
subject to Chapter 11 bankruptcy proceedings, and states that the
proposed transaction is a part of its reorganization initiatives. No
comments or petitions to deny were received in response to the public
notice announcing that the application had been accepted for filing.

The Bureau finds, upon consideration of the record, that the proposed
transfer will serve the public interest, convenience and necessity, and
therefore grants the requested authorization.[^2] Pursuant to section
1.103 of the Commission's rules, 47 C.F.R. § 1.103, the consent granted
herein is effective upon the release of the Public Notice. Petitions for
reconsideration under section 1.106 or applications for review under
section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115, may
be filed within 30 days of the date of this Public Notice.

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** -

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[^1]: *See* *Commission Seeks Comment on Application for Consent to
    Transfer Resale Customers from Adelphia Business Solutions to
    BellSouth*, Public Notice, 17 FCC Rcd 12881 (2002). The Bureau notes
    that action on this application was delayed as a result of late fee
    payment. Applicant's fee was due at the time of filing, May 23,
    2002. However, actual payment was not received until April 14, 2003.

[^2]: *See* *Joint Applications of Telephone and Data Systems, Inc. and
    Chorus Communications, Ltd. For Authority to Transfer Control of
    Commission Licenses and Authorizations Pursuant to Sections 214 and
    310(d) of the Communications Act and Parts 22, 63 and 90 of the
    Commission's Rules*, Memorandum Opinion and Order, 16 FCC Rcd 15293,
    15296-99 (CCB/WTB 2001) (authorizing transfer of control involving
    an incumbent LEC and in-region provider of local exchange and
    exchange access services primarily to business customers where
    overlap was limited and transaction overall resulted in public
    interest benefits); *Joint Applications of Onepoint Communications
    Corp. and Verizon Communications for Authority Pursuant to Section
    214 of the Communications Act of 1934, as Amended, To Transfer
    Control of Authorizations to Provide Domestic Interstate and
    International Telecommunications Services as a Non-Dominant
    Carrier*, Memorandum Opinion and Order, 15 FCC Rcd 24165, 24169-171
    (CCB 2000) (concluding that incumbent LEC investment in a
    financially troubled telecommunications provider that, among other
    services, offered in-region resale service to only a limited number
    of customers -- 11,000 lines -- was in the public interest).