**DA 06-2004**

**Released: October 6, 2006**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE**

**TRANSFER OF CONTROL OF THE ASSETS OF NORTH DAKOTA**

**TELEPHONE COMPANY TO SRT COMMUNICATIONS, INC.**

**NON-STREAMLINED Pleading Cycle Established**

**WC Docket No. 06-185**

**Comments Due: October 20, 2006**

**Reply Comments Due: October 27, 2006**

On October 2, 2006, SRT Communications, Inc. ("SRT") and North Dakota
Telephone Company ("NDTC") (jointly, the "Applicants") filed an
application pursuant to section 63.04 of the Commission's rules[^1]
requesting approval for the transfer of control of certain assets in the
Velva exchange in North Dakota from NDTC to SRT. The Applicants did not
request streamlined treatment for this application pursuant to section
63.03 of the Commission's rules.[^2]

NDTC, a North Dakota corporation, provides landline telecommunications
services in rural counties of North Dakota. NDTC is based in Devil's
Lake, North Dakota and is owned by three North Dakota based telephone
cooperatives: (1) United Telephone Mutual Aid Corporation (40.5%), based
in Langdon, North Dakota; (2) Dakota Central Rural Telephone Cooperative
(19%), based in Carrington, North Dakota; and (3) Polar Communications
Cooperative (40.5%), based in Park River, North Dakota. Each of the
three owners of NDTC is a cooperative that is owned by its respective
members, none of whom owns as much as a one percent (1%) interest in the
company. NDTC acquired the Velva exchange on June 1, 1996, which is
located in McHenry County, North Dakota. As of June 30, 2006, NDTC
provided service to 720 access lines in the Velva exchange.

SRT, a North Dakota cooperative corporation, has been a provider of
telecommunications services within the state of North Dakota since 1951
and is subject to regulation and general supervision by the Public
Service Commission of North Dakota. SRT is owned by its members, none of
whom owns as much as a one percent (1%) interest in the company. SRT
serves 26 rural exchanges in north

central North Dakota and as of June 30, 2006, provided service to 37,696
access lines.

SRT and NDTC have entered into a Purchase and Sale Agreement for SRT's
purchase of NDTC's assets of the Velva exchange relating to provision of
local exchange telecommunications service, exchange access and other
local telecommunications service.[^3] The exchange consists of buried
facilities, above ground facilities, and the right to serve customers,
of which there are now approximately 720, in and near the city of Velva,
North Dakota.

The Applicants state that the proposed transaction will serve the public
interest because the Velva exchange is surrounded by SRT's existing
landline exchanges. Customers in the Velva exchange will be able to call
the Minot community toll free under SRT's Extended Area Service Plan.
Minot is the economic hub city for the community of Velva. In addition,
SRT already serves Velva exchange customers with wireless telephone
services and cable television services. Velva exchange customers will
now be able to obtain both landline and wireless services from one
provider.

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

The transfer of assets 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 assets
application if, upon further examination, it is determined to be
defective and not in conformance with the Commission's rules and
policies. Pursuant to sections 1.415 and 1.419 of the Commission's
rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments **on
or before October 20, 2006** and reply comments **on or before October
27, 2006**.[^4] Comments may be filed using: (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. *See Electronic
Filing of Documents in Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: 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, filers
    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). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor 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]{.underline} 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, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**You may submit comments, identified by the above noted docket number,
by any of the following methods:**

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   Federal Communications Commission's Web Site:
    <http://www.fcc.gov/cgb/ecfs/>. Follow the instructions for
    submitting comments.

-   People with Disabilities: Contact the FCC to request reasonable
    accommodations (accessible format documents, sign language
    interpreters, CART, etc.) by e-mail: <FCC504@fcc.gov> or phone:
    202-418-0530 or TTY: 202-418-0432.

**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, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: (202) 488-5300
    fax: (202) 488-5563;

2)  Cecilia Seppings, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C230, Washington, D.C. 20554;
    email: [Cecilia.Seppings@fcc.gov](mailto:Cecilia.seppings@fcc.gov);

3)  Denise Coca, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C260, Washington, D.C. 20554;
    e-mail: <denise.coca@fcc.gov>;

4)  Susan O'Connell, Policy Division, International Bureau, 445 12th
    Street, S.W., Room 7-B544, Washington, D.C. 20554; email:
    [susan.o'connell@fcc.gov](mailto:cynthia.bryant@fcc.gov); and

5)  Jim Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <jim.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, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CY-B402, Washington, D.C. 20554, telephone: (202) 488-5300,
fax: (202) 488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information, please contact Cecilia Seppings at (202)
418-1588, or Denise Coca at (202) 418-0574.

\- FCC -

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

[^2]: The Applicants do not request streamlined processing of this
    application in view of the fact that a "Petition for Waiver to
    Change Study Area Boundaries" is also being filed in connection with
    the proposed transaction. *See* 47 C.F.R. § 63.03(c)(1)(i). NDTC's
    Velva exchange lies within the outer boundary of the exchanges
    served by SRT.

[^3]: NDTC does not provide interstate or international
    telecommunications services. Subscribers to NDTC's local exchange
    service in Velva and elsewhere have the ability to select any of
    numerous interexchange carriers for such services. One of many
    options offered to NDTC customers are the services of North Dakota
    Long Distance in which NDTC and its owners collectively hold a
    non-controlling ownership interest. SRT will make available to
    customers of the Velva exchange, as one of their options for
    interexchange services, the services of SRT Long Distance, which is
    an affiliate of SRT. No customers of the Velva exchange will be
    obligated to make any change in their selection of interstate or
    international service provider following the sale of the Velva
    assets of NDTC to SRT.

[^4]: *See* 47 C.F.R. § 63.03(a).