**DA 07-2157**

> **Released: May 23, 2007**

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

**OF RBJ CORP., HOLWAY TELEPHONE COMPANY,**

**HOLWAY LONG DISTANCE COMPANY, KLM TELEPHONE COMPANY,**

**AND KLM LONG DISTANCE COMPANY TO RBJ HOLDINGS, INC.**

**NON-STREAMLINED Pleading Cycle Established**

**WC Docket No. 07-106**

**Comments Due: June 6, 2007**

**Reply Comments Due: June 13, 2007**

On May 16, 2007, RBJ Corp. ("RBJ"), Holway Telephone Company ("Holway"),
Holway Long Distance Company ("Holway LD"), KLM Telephone Company
("KLM"), KLM Long Distance Company ("KLM LD") (collectively,
"Transferors"), and RBJ Holdings, Inc. ("Holdings" or "Transferee", and
together with Transferors, "Applicants") filed an application pursuant
to sections 63.03 and 63.04 of the Commission's rules[^1] requesting
approval to transfer control of Transferors to Holdings.[^2]

The Applicants do not seek streamlined treatment for this application
under section 63.03(b) of the Commission's rules.[^3] Holway is an
incumbent local exchange carrier (LEC) that serves Maitland, Missouri,
an area that is adjacent to the service area of an incumbent LEC
affiliate of Holdings. The affiliate, Oregon Farmers Mutual Telephone
Company ("Oregon-Farmers"), serves Oregon and Forest City, Missouri. The
Applicants, including Oregon-Farmers and all other Holdings-affiliated
incumbent LECs have, in combination, fewer that 2 percent of the
nation's subscriber lines installed in the aggregate nationwide, but
because of the adjacent service areas the Applicants have identified,
this application is not entitled to presumptive streamlined
treatment.[^4]

Holway is a rural incumbent LEC that serves Maitland Missouri in
Northwest Missouri. Holway LD is an interexchange service reseller that
provides service to subscribers in the general area served by Holway.
KLM is a rural incumbent LEC that serves Rich Hill, Missouri in Western
Missouri. KLM LD is an interexchange service reseller that provides
service to subscribers in the general area served by KLM. Each of these
companies is a Missouri corporation and a wholly owned subsidiary of
RBJ, which is also a Missouri corporation and functions as a holding
company. The following individuals, all U.S. citizens, own 10 percent or
more of RBJ: Evan Copsey, Jane Copsey, and Bruce Copsey.

Holdings, a North Carolina corporation, was established to purchase RBJ.
Holdings is a wholly owned subsidiary of American Broadband Holding
Company, a Delaware corporation, which in turn is a wholly owned
subsidiary of American Broadband Communications, LLC ("ABB"), a North
Carolina limited liability company. Applicants state that, upon
Commission approval of a pending transfer of control application filed
by ABB, Patrick L. Eudy, a U.S. citizen, will be the sole owner of 10
percent or greater of the equity of ABB.[^5]

The proposed transaction consists of the purchase of the outstanding
capital stock of RBJ from Bruce Copsey, Evan Copsey, and Jane Copsey, by
Holdings. Following the acquisition, RBJ will be held as a wholly owned
subsidiary of Holdings.

The Applicants state that the proposed transaction is in the public
interest and will allow the Applicants to take advantage of increased
efficiencies associated with broader-based rural operations, while
ensuring their commitment to high quality and reasonably priced service
in Missouri. They further state that there are no competitive concerns
associated with the transaction and that Holway, Holway LD, KLM, and KLM
LD will continue to provide service in a manner that is transparent to
their customers.

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

The transfer of control 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 section 63.03(a) of the Commission's rules, 47 CFR
§ 63.03(a), interested parties may file comments **on or before June 6,
2007** and reply comments **on or before June 13, 2007**. 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)  Jodie May, Competition Policy Division, Wireline Competition Bureau,
    445 12th Street, S.W., Room 5-C234, Washington, D.C. 20554; e-mail:
    jodie.may@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 Jodie May at (202) 418-0913.

\- FCC -

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

[^2]: Applicants are also filing applications for transfer of control
    associated with authorization for international services and to
    transfer a private radio license. Any action on this domestic 214
    application is without prejudice to Commission action on other
    related, pending applications. Applicants filed a supplement to
    their domestic 214 application on May 22, 2007.

[^3]: *See* 47 C.F.R. § 63.03.

[^4]: *See* 47 C.F.R. § 63.03(b)(2)(iii); *Implementation of Further
    Streamlining Measures for Domestic Section 214 Authorizations,* 17
    FCC Rcd 5517, 5534 (2002), para. 32.

[^5]: *Domestic Section 214 Application Filed for the Transfer of
    Control of American Broadband Communications, LLC to Patrick L.
    Eudy*, Public Notice, DA 07-2057 (rel. May 11, 2007). Currently,
    William H. Tucker, a U.S. citizen also owns 10 percent or greater of
    the equity interests in ABB. In addition to Oregon Farmers,
    Applicants state that ABB has derivative interests that are greater
    than 10 percent in the following U.S.-based incumbent LECs and
    interexchange carriers: Georgetown Telephone Company and T.A.T.
    Cablevision d/b/a Georgetown Long Distance, serving Georgetown, MS;
    Oregon Farmers Mutual Long Distance Company, serving Oregon and
    Forest City, MO; Pymatuning Telephone Company and PT Communications,
    Inc.,, serving rural areas surrounding Greenville, PA; Gridley
    Telephone Company and Gridley Communications, Inc., serving Gridley
    and Meadows, IL; S&A Telephone Company and S&A Communications, Inc.,
    serving Allen and Scranton, Kansas; Waverly Hall Telephone, LLC,
    serving Waverly Hall, GA; Arlington Telephone Co., serving
    Arlington, NE; Blair Telephone Co., serving Blair, Kennard, and Ft.
    Calhoun, NE; Eastern Nebraska Telephone Co., serving Walthill, Macy,
    Winnebago, Rosalie, Osmond, Meadow Grove, Carroll, and Belden, NE;
    Rock County Telephone Co., serving Bassett and Newport, NE; Rye
    Telephone Company, serving Colorado City and Rye, CO and portions of
    other CO counties; South Park LLC d/b/a South Park Telephone
    Company, serving Park County and Hartsell, CO; CableCo, LLC d/b/a
    ghValley LD, serving the areas of Rye Telephone Company and South
    Park Telephone Company; Danton Telephone Co., serving Dalton, NE;
    Elsie Communications, Inc., serving Elsie, NE; and Dalton
    Telecommunications, Inc., serving the same area as Dalton Telephone
    Co. and Elsie Communications, Inc. Huntel Cablevision d/b/a Huntel
    Communications provides competitive local exchange service in Lyons,
    Oakland, and Tekamah, NE, and interexchange services in the area
    served by Arlington Telephone Co., Blair Telephone Co., and Rock
    County Telephone Co. Finally, Patrick L. Eudy owns 60 percent of
    Dialog Telecommunications, a competitive LEC serving Kentucky,
    Mississippi, and North Carolina.