**DA 08-42**

> **Released: January 8, 2008**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF
EVEREST MIDWEST LLC FROM SEAPORT ASSOCIATES III, LLC**

**TO SUREWEST COMMUNICATIONS**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 07-300**

**Comments Due: January 22, 2008**

**Reply Comments Due: January 29, 2008**

Pursuant to section 63.03 of the Commission's rules, Seaport Associates
III, LLC (Seaport) and SureWest Communications (SureWest) (collectively,
Applicants) request consent to transfer control of Everest Midwest, LLC
(Everest Midwest) from Seaport to SureWest.[^1] Everest Midwest, a
Delaware limited liability company, is an indirect wholly owned
subsidiary of Everest Broadband, Inc., also a Delaware corporation.
Seaport, a Delaware limited liability company, and its affiliated
entities hold a 10 percent or greater equity interest in Everest
Broadband. Everest Midwest provides competitive local exchange and
interexchange services in Johnson County, Kansas and Jackson County,
Missouri. SureWest's wholly owned subsidiaries, SureWest Telephone,
SureWest Long Distance, and SureWest TeleVideo, provide incumbent local
exchange, competitive local exchange, and interexchange services in
portions of Sacramento, Placer, El Dorado, and Yolo Counties in
California. Applicants state that no person or entity owns 10 percent or
more of the equity of SureWest, a publicly held California corporation.
Pursuant to the terms of the proposed transaction, SureWest will
purchase 100 percent of the issued and outstanding capital stock of
Everest Broadband. Applicants assert that the proposed transaction is
entitled to presumptive streamlined treatment under section
63.03(b)(2)(ii) of the Commission\'s rules and that a grant of the
application will serve the public interest, convenience, and
necessity.[^2]

> Domestic Section 214 Application Filed for the Transfer of Control of
> Everest
>
> Midwest, LLC from Seaport Associates III, LLC to SureWest
> Communications, WC Docket No. 07-300 (filed Dec. 19, 2007).

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

The Wireline Competition Bureau finds, upon initial review, that the
transfer of control identified herein is 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. Pursuant to section 63.03(a) of the Commission's
rules, 47 C.F.R. § 63.03(a), interested parties may file comments **on
or before January 22, 2008,** and reply comments **on or before January
29, 2008**. Unless otherwise notified by the Commission, the Applicants
may transfer control on the 31^st^ day after the date of this
notice.[^3] Comments must be filed electronically using (1) the
Commission's Electronic Comment Filing System (ECFS) or (2) the Federal
Government's eRulemaking Portal. *See* 47 C.F.R. § 63.03(a) ("All
comments on streamlined applications shall be filed
electronically . . . ."); *Electronic Filing of Documents in Rulemaking
Proceedings*, 63 FR 24121 (1998).

-   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.

**In addition, email one copy of each pleading to each of the
following**:

1)  The Commission's duplicating contractor, Best Copy and Printing,
    Inc., <fcc@bcpiweb.com>; phone: 202 / 488-5300; fax: 202 / 488-5563;

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1)  Tracey Wilson-Parker, Competition Policy Division, Wireline
    Competition Bureau, <tracey.wilson-parker@fcc.gov>;

2)  Jodie May, Competition Policy Division, Wireline Competition Bureau,
    jodie.may@fcc.gov;

3)  David Krech, International Bureau, Policy Division, International
    Bureau, <david.krech@fcc.gov>

> 5\) Jim Bird, Office of General Counsel, <jim.bird@fcc.gov>.

Filings and comments are 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; email: <fcc@bcpiweb.com>; url:
[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 Tracey Wilson-Parker at
202 / 418-1394 or Jodie May at 202 / 418-0913.

\- FCC -

[^1]: 47 C.F.R § 63.03; *see* 47 U.S.C. § 214. Applicants are also
    filing applications for transfer of control associated with
    authorization for international services and an earth station
    registration. Any action on this domestic section 214 application is
    without prejudice to Commission action on other related, pending
    applications. Applicants filed a supplement to their domestic
    section 214 application on January 4, 2008.

[^2]: 47 C.F.R. § 63.03(b)(2)(ii).

[^3]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.