**DA 03-1908**

**Released: June 6, 2003**

**WIRELINE COMPETITION BUREAU GRANTS CONSENT FOR ACQUISITION OF ASSETS
OF DIGITAL TELEPORT, INC. BY CENTURYTEL FIBER COMPANY II, LLC**

**WC Docket No. 03-99**

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 CenturyTel Fiber Company II,
LLC ("CTF II) to acquire all the operating assets of Digital Teleport,
Inc. ("DTI"), as approved by the United States Bankruptcy Court for the
Eastern District of Missouri.[^1] CTF II will acquire the core domestic
telecommunications assets of DTI, including the equipment, fiber routes
and customers of DTI.[^2] 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.[^3] 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 Dennis Johnson, Competition Policy Division, Wireline Competition
Bureau at (202) 418-0809.

\- **FCC** -

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[^1]: *See In re:* *Digital Teleport, Inc., Order Approving Asset
    Purchase Agreement with CenturyTel Fiber Company II, LLC and
    Authorizing Sale of Assets Free and Clear of Liens, Interests, and
    Encumbrances*; *and* *Approving Assignment of Certain Executory
    Contracts and Unexpired Lease Pursuant to Sections 363 and 365 of
    the Bankruptcy Code*, Case No. 01-54369-399 (Bankr. E.D. Mo. Feb.
    13, 2003).

[^2]: *See* *Domestic Section 214 Application Filed For Acquisition of
    Assets of Digital Teleport, Inc. by CenturyTel Fiber Company II,
    LLC*, WC Docket No. 03-99, Public Notice, DA 03-1289 (rel. Apr. 25,
    2003).

[^3]: *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
    pro-competitive 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, was in the public interest).