**DA 02-1561**

**Released: July 2, 2002**

**DOMESTIC SECTION 214 APPLICATION FILED FOR CONSENT TO TRANSFER RESALE
CUSTOMERS FROM ADELPHIA BUSINESS SOLUTIONS TO BELLSOUTH**

**Non-Streamlined Pleading Cycle Established**

**WC Docket No. 02-181**

On May 28, 2002, Adelphia Business Solutions (Adelphia) filed an
application for authorization to transfer control of certain of its
resale customer base (approximately 10,000 lines) existing in the states
of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North
Carolina, South Carolina and Tennessee within BellSouth service areas to
BellSouth.[^1] On June 13, 2002, Adelphia filed a letter[^2] requesting
that its pending application be treated under the new requirements and
procedures adopted in the *Streamlining Order*.[^3]

Adelphia states that it is a debtor-in-possession subject to Chapter 11
bankruptcy proceedings, and that the proposed transaction is a part of
its reorganization initiatives.[^4] Adelphia's application is not
subject to streamlined processing, but Adelphia requests expedited
treatment of its application and states that expedited treatment is
necessary so that Adelphia and BellSouth may consummate the proposed
transaction in a timely manner without disruption or inconvenience to
customers and without placing an onerous financial burden on
Adelphia.[^5]

Adelphia states that it has its own switches to provide facilities-based
services and has installed approximately 30,000 miles of fiber
throughout the United States. In addition to provisioning service to its
customers through its own facilities, Adelphia also provides service to
some customers by reselling the telecommunications services of the
incumbent local exchange carrier (LEC) in the particular service
territory ("Total Services Resale"). Adelphia has made a decision that
it will no longer provision service to customers via Total Services
Resale, except under limited circumstances. As there are a number of
customers that are not located in rate centers in which Adelphia is able
to service on its own facilities, Adelphia is engaged in transitioning
its Total Services Resale customer base to other providers.

On May 16, 2002, Adelphia executed a Service Transition Agreement in
which it has agreed to sell, and BellSouth has agreed to purchase and
continue to provide voice and data telephone service to, customer
accounts that are receiving local service provisioned by Total Service
Resale from BellSouth and are located in a BellSouth territory.
Approximately 10,000 lines will be transferred under the transaction,
which Adelphia states is being conducted in full compliance with section
64.1120(e) of the Commission's rules concerning customer notification of
such proposed transfers.

Adelphia states that the proposed transaction is in the public interest
because it provides for the orderly and seamless transfer of voice
telephone and data services for the affected customers to BellSouth, and
that those customers will not run the risk of having their service
interrupted. Adelphia states further that the transfer of these lines
will provide Adelphia an opportunity to focus on its facilities-based
customers and implement its revised business plan, enabling it to emerge
successfully from Chapter 11.

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

The transfer of control application identified herein has been found,
upon initial review, to be acceptable for filing. 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 **July 16, 2002**. Final action will not
be taken on the application earlier than 15 days following the date of
this Public Notice. 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 an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, \"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
appear 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, Vistronix, 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, Qualex International, 445
    12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554; e-mail:
    <qualexint@aol.com;> facsimile: (202) 863-2898; phone: (202)
    863-2893.

(2) Tracey Wilson, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C437, Washington, D.C.
    20554; e-mail: [twilson@fcc.gov](mailto:jmyles@fcc.gov), and

(3) Bill Dever, Competition Policy Division, Wireline Competition
    Bureau, 445 12^th^ Street, S.W., Room 5-C266, Washington, D.C.
    20554; e-mail: <wdever@fcc.gov>; and

(4) Nandan Joshi, Office of General Counsel, 445 12^th^ Street, S.W.,
    Room 8-A820, Washington, D.C. 20554; e-mail: <njoshi@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, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail <qualexint@aol.com>.

For further information, please contact Tracey Wilson, at (202) 418-1394
or Bill Dever, Competition Policy, Wireline Competition Bureau at (202)
418-1578.

[^1]: *See* Application fro 214 Authorization for Transfer of Control of
    Certain Resale Customer Base from Adelphia Business Solutions to
    BellSouth Telecommunications, Inc., WC Docket No. 02-181 (filed May
    28, 2002).

[^2]: Letter from Catherine Wang, Counsel for Adelphia Business
    Solutions, Inc. to Marlene H. Dortch, Secretary, Federal
    Communications Commission, WC Docket No. 02-181 (June 13, 2002)
    (June 13 Letter).

[^3]: *Implementation of Further Streamlining Measures for Domestic
    Section 214 Authorizations,* 17 FCC Rcd 5517 (2002) (*Streamlining
    Order*); *see* Wireline Competition Bureau Announces Effective Date
    for New Domestic Section 214 Transfer of Control Procedures, *Public
    Notice,* DA No. 02-1353 (rel. June 7, 2002) (announcing June 14,
    2002 as effective date of new rules).

[^4]: *See* June 13 Letter at 1.

[^5]: *See* *id.* at 2.