**DA 07-2038**

> **Released: May 9, 2007**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL**

**OF CLARKS TELECOMMUNICATIONS CO., CLARKS TELECOM LONG DISTANCE, AND
CLARKS TELECOM CO. TO NORTHEAST NEBRASKA TELEPHONE COMPANY**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 07-98**

**Comments Due: May 23, 2007**

**Reply Comments Due: May 30, 2007**

On May 1, 2007, Clarks Telecommunications Co. ("CTC"), Clarks Telecom
Long Distance ("CTLD"), Clarks Telecom Co. ("Clarks Telecom") and
Northeast Nebraska Telephone Company ("Northeast") (together,
"Applicants") filed the following application pursuant to section 63.03
of the Commission's rules[^1] requesting approval to transfer control of
Clarks Telecom and its wholly owned subsidiaries, CTC and CTLD, to
Northeast. CTC, a Nebraska corporation, is an incumbent local exchange
carrier ("incumbent LEC") operating approximately 900 access lines in
the towns of Clarks, Ulysses, and Staplehurst, Nebraska. CTLD, a
Nebraska corporation, is a resale interexchange carrier providing resold
long distance in the service area of CTC. Clarks Telecom, a Nebraska
corporation, is a holding company. Clarks Telecom is owned by Timothy D.
Bittinger Trust ("TDBT") and Cynthia L. Bittinger Trust ("CLBT"), both
U.S. citizens.[^2] Northeast, a Nebraska non-profit corporation, is a
telephone cooperative operating as an incumbent LEC in eastern Nebraska
with approximately 7,000 access lines. Northeast has no 10% or greater
interest holders. Applicants assert that the proposed transaction is
entitled to presumptive streamlined treatment under sections
63.03(b)(2)(ii) and (iii) of the Commission's rules and that a grant of
the application will serve the public interest, convenience, and
necessity.[^3]

> Domestic 214 Application for Transfer of Control of Clarks Telecom Co.
> to Northeast Nebraska Telephone Company, WC Docket No. 07-XX (filed
> May 1, 2007).

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

The transfer of control 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. Pursuant to section 63.03(a) of the Commission's rules, 47 CFR
§ 63.03(a), interested parties may file comments **on or before May 23,
2007** and reply comments **on or before May 30, 2007**. Unless
otherwise notified by the Commission, Applicants are permitted to
transfer the assets a related control on the 31^st^ day after the date
of this notice.[^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)  Tracey Wilson-Parker, Competition Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-A103, Washington,
    D.C. 20554; email: Tracey Wilson-Parker@fcc.gov;

3)  Dennis Johnson, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-B155, Washington, D.C. 20554;
    e-mail: dennis.johnson@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 Tracey Wilson-Parker at (202)
418-1394, or Dennis Johnson at (202) 418-0809.

\- FCC -

[^1]: 47 C.F.R §§ 63.03; *see* 47 U.S.C. § 214.

[^2]: TDBT and CLBT are Nebraska revocable trusts that each hold a 50%
    of Class A voting stock and 46.05% of Class B non-voting stock
    interest in Clarks Telecom. The trustees of the TDBT are Timothy D.
    Bittinger and Cynthia L. Bittinger. The beneficiaries of the TDBT
    are members of Timothy D. Bittinger's immediate family, each are
    U.S. citizens or trusts formed under Nebraska law for benefit of the
    family members. The trustee of the CLBT is Cynthia L. Bittinger. The
    beneficiaries of the CLBT are members of Cynthia L. Bittinger's
    immediate family, each are U.S. citizens or trusts formed under
    Nebraska law for benefit of the family members.

[^3]: 47 C.F.R. §§ 63.03(b)(2)(ii) and (iii).

[^4]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.