**DA 02-1744**

**Released: July 18, 2002**

**DOMESTIC SECTION 214 APPLICATION FOR CONSENT TO ACQUIRE ASSETS OF
AMERICAN MICROWAVE & COMMUNICATIONS, INC.**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 02-183**

On June 21, 2002, American Microwave & Communications, Inc.,
("American") and AMCI Acquisition L.P. ("AMCI"), pursuant to section 214
of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (the
"Act"), hereby seek authority for acquisition by AMCI of the assets of
American.

Applicants assert that this application is subject to streamlined
processing under section 63.03(b)(2)(i) of the Commission's rules
because this transaction will result in AMCI having no market share in
the interstate, interexchange market; the transferee will not provide
competitive telephone exchange service or exchange access services at
all; and neither applicant is dominant with respect to any service.

American and AMCI have entered into an asset purchase agreement dated as
of May 31, 2002, whereby American will sell all of its assets to AMCI.
American is a Michigan corporation with its principal office and place
of business at 188 Inverness Drive West, Englewood, Colorado 80112.
American operates a point-to-point terrestrial microwave radio system in
the State of Michigan which is dedicated exclusively to the delivery of
video signals to television stations and cable TV systems. American does
not offer telecommunications services to the general public. American is
a wholly-owned subsidiary of AT&T Broadband, LLC, which is owned by AT&T
Corp.

AMCI is a Texas limited partnership. American provides service in the
State of Michigan as a miscellaneous common carrier, AMCI proposes to
continue the business substantially as conducted presently by American.

AMCI is a new entrant in the telecommunications industry. It has no
other business interests. Its principals are experienced in
industry-related enterprises such as the ownership and management of
tower structures that serve as antenna support structures for
telecommunications companies.

Because the transaction proposes the acquisition of assets by AMCI that
include authorizations issued by the Commission for operation of
American's point-to-point microwave radio facilities, there is a pending
application for Commission consent to assignment of such
authorizations.[^1] That application includes two additional licenses
issued in the Industrial Business Radio Service and the Local Television
Transmission Service. AMCI is acquiring assets from another AT&T
Broadband, LLC subsidiary, TCI Microwave, Inc., for which a separate
section 214 application is concurrently filed.

Applicants assert that approval of this application will promote the
public interest by allowing the business developed and operated by
American for many years to be carried on by a new entrant in the
telecommunications industry. Applicants state that AMCI brings
industry-related experience to the task, and under the ownership,
direction and management of the AMCI management team, AMCI is committed
to the continued provision of high-quality, communications services to
American's customers.

**[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.[^2] 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) Bill Dever, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C266, Washington, D.C.
    20554; e-mail: <wdever@fcc.gov>; and

(4) Jeff Tobias, Commercial Wireless Division, Wireless
    Telecommunications Bureau, 445 12^th^ Street, S.W., Room 2-828,
    Washington, D.C. 20554; email: <jtobias@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, Wireline Competition Bureau at (202)
418-1578.

\- **FCC** -

[^1]: *See* Wireless Telecommunications Bureau Assignment of
    Authorization and Transfer of Control Applications Accepted for
    Filing, Public Notice, Report No. 1215 at 17 (WTB rel. June 26,
    2002) (File No. 0000929394).

[^2]: *See* 47 C.F.R. section 63.03(a).