**DA 04-1711**

**Released: June 14, 2004**

**DOMESTIC SECTION 214 APPLICATION FILED FOR TRANSFER OF CONTROL OF
DANIEL ISLAND MEDIA COMPANY, LLC**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 04-222**

**Comments Due: June 28, 2004**

**Reply Comments Due: July 6, 2004**

On May 11, 2004, Daniel Island Media Company, LLC ("DIMC") and Home
Telecom, LLC ("HOME") (together "Applicants") filed an application,
pursuant to sections 63.03 and 63.04 of the Commission's rules,[^1] to
request approval to transfer control[^2] of DIMC's domestic interstate
operations, to Home Telecom, LLC ("HOME").

Applicants assert that this transaction is entitled to presumptive
streamlined treatment pursuant to section 63.03(b)(2)(ii) of the
Commission's rules because (a) the proposed transaction would result in
the transferee having a market share in the interstate, interexchange
market of less than 10 percent; (b) HOME would provide competitive local
exchange service, if at all, only in areas served by dominant local
exchange carriers that are not parties to this transaction; and (c) the
non-dominant carrier applicant, DIMC, provides service exclusively
outside the geographic area where HOME affiliates are dominant.[^3]

DIMC is a privately held, South Carolina corporation and resale-based
regional integrated communications provider serving residential and
business customers on Daniel Island, Charleston, South Carolina. DIMC
offers its customers a variety of regulated and unregulated services,
including switched local service, long distance, international long
distance, Internet access and cable television service. DIMC is
wholly-owned by Zeist Communications Group, LLC, a Georgia limited
liability company, which is, in turn, owned 50% by the Estate of George
W. Bumley, Jr. and 50% by the Estate of Jean S. Brumley. The sole
beneficiary of the Brumleys' estates is The Zeist Foundation, Inc., a
Georgia non-profit corporation whose mission is to provide support to a
variety of other non-profit organizations.

HOME is a wholly owned subsidiary of Home Telephone Company, Inc.
("HTC"). HTC is an incumbent local exchange carrier, serving 7 exchanges
and approximately 23,000 subscribers in portions of rural Berkeley
County, South Carolina and the Town of Harleyville (Dorchester County,
South Carolina). In addition to traditional telephone service, HTC
offers Internet access, including both dial-up and DSL products. Home
Wireless, Inc. is a wholly-owned subsidiary of HTC. Home Wireless holds
a 25% general partnership interest in the Charleston/North Charleston
MSA Limited Partnership. Home Long Distance, Inc. is wholly-owned by
HTC; it provides intrastate and interstate long distance services to HTC
customers. In addition, Home Long Distance, Inc. serves a few customers
in the Charleston metropolitan area (but none of Daniel Island).
Berkeley Cable Television Inc., affiliated through common ownership with
HTC, provides cable television services within Berkeley County and a
very limited portion of Dorchester County. All of Berkeley customers are
within the HTC telephone serving area.

HTC's majority shareholder is Rock Hill Telephone Company ("Rock Hill").
Rock Hill, together with its other affiliates, provides local exchange
service to 11 exchanges in South Carolina, serving approximately 147,500
access lines. Rock Hill and its affiliates provide local exchange
telephone services, enhanced local calling features, long distance toll
services, Internet access, cable television services, and competitive
local exchange services in communities neighboring incumbent local
service areas. In addition, Rock Hill and its affiliates offer wireless
service within geographic areas which are coextensive with certain of
its and its affiliates' incumbent telephone service areas. The following
individuals and entities own a 10 percent or more interest in Rock Hill:
Frank S. Barnes; Estate of John M. Barnes; E.L. Barnes; and LAB
Associates, L.P.

Rock Hill and its local exchange company affiliates, Fort Mill Telephone
Company, Lancaster Telephone Company and PBT Telecom, Inc., serve
approximately 1700 square miles in and around several communities in
South Carolina. Rock Hill's affiliate, Community Long Distance, Inc.,
offers toll service to the areas served by its local exchange
affiliates. Springboard Telecom, LLC, an affiliate of Community Long
Distance, Inc., also offers competitive local exchange and exchange
access services to several communities in North Carolina. PBT
Communications, Inc., an affiliated company, provides competitive local
exchange services in parts of BellSouth's Batesburg-Leesville, South
Carolina exchange, and in parts of ALLTEL's Lexington, South Carolina
exchange. In addition, it provides domestic (intra- and interstate) and
international toll services to residences and businesses located within
PBT Telecom, Inc. and PBT Communications, Inc. exchanges, as well as its
own exchange areas. None of the HOME or Rock Hill companies provide
service where DIMC provides service.[^4]

Pursuant to the Asset Purchase Agreement executed by the Parties on
February 27, 2004, DIMC will sell substantially all of its assets to
HOME. The applicants state that customers will continue to receive bills
under the DIMC name and will continue to receive the same service
quality they have come to expect from DIMC. The proposed transaction
will not result in any change in the terms, conditions and price of
services to DIMC's customers. After the proposed transaction, HOME and
its affiliates will continue to have less than one percent (1.0%) of the
interstate, interexchange market.

The applicants state that the proposed transaction is in the public
interest. The applicants state that the proposed transaction will be
virtually seamless and transparent to customers. In addition, the
applicants state that the proposed transaction will provide additional
financial resources to support current operations and will enable HOME
to further expand the service offerings currently available to DIMC's
customers. The proposed acquisition is confined to the DIMC service
territory of Daniel Island, a community in the Charleston, South
Carolina area.

**[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. Interested parties may file **comments on or before June 28,
2004** and **reply comments on or before July 6, 2004**.[^5] Unless
otherwise notified by the Commission, Applicants are permitted to
transfer control on the 31^st^ day after the date of this notice.[^6]
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 e-mail to ecfs@fcc.gov, and should include the following
words in the subject line \"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
appears 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, Natek, 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, Best Copy and Printing,
    Inc., 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554;
    e-mail: [www.bcpiweb.com](http://www.bcpiweb.com/); phone:
    1-800-378-3160;

(2) Tracey Wilson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C437, Washington, D.C.
    20554; e-mail: <tracey.wilson-parker@fcc.gov>;

(3) Kimberly Jackson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 3-C403, Washington, D.C.
    20554; e-mail: <kimberly.jackson@fcc.gov>;

(4) Julie Veach, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C124, Washington, D.C.
    20554; e-mail: <julie.veach@fcc.gov>;

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

(6) Christopher Killion, Office of General Counsel, 445 12^th^ Street,
    S.W., Room 8-C740, Washington, D.C. 20554; e-mail:
    <chris.killion@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, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW, Room CY-B402, Washington, DC, 20554, telephone 1-800-378-3160, or
via e-mail [www.bcpiweb.com](http://www.bcpiweb.com/).

For further information, please contact Tracey Wilson, at (202)
418-1394, or Kimberly Jackson at (202) 418-7393.

\- **FCC** -

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[^1]: 47 C.F.R §§ 63.03, 63.04; *see* 47 U.S.C. § 214.

[^2]: Applicants have also filed a transfer of control application
    related to international services. Any action on this domestic
    section 214 application is without prejudice to Commission action on
    other related pending applications.

[^3]: 47 C.F.R. § 63.03(b)(2)(ii); *see* 47 U.S.C. § 214; Letter from
    Dahli Myers, Counsel to DIMC, to Kimberly Jackson, Federal
    Communications Commission, WC Docket No. 04-222 (filed June 10,
    2004).

[^4]: Letter from Dahli Myers, Counsel to DIMC, to Kimberly Jackson,
    Federal Communications Commission, WC Docket No. 04-222 (filed June
    4, 2004).

[^5]: *See* 47 C.F.R. § 63.03(a).

[^6]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.