**DA 05-3110**

**Released: November 29, 2005**

**DOMESTIC SECTION 214 APPLICATION FILED FOR ACQUISITION OF CERTAIN
ASSETS OF TIME WARNER CABLE INFORMATION SERVICES (TEXAS), L.P.,**

**BY GTE SOUTHWEST INCORPORATED D/B/A VERIZON SOUTHWEST**

**NON-STREAMLINED Pleading Cycle Established**

**WC Docket No. 05-327**

**Comments Due: December 13, 2005**

**Reply Comments Due: December 20, 2005**

On November 18, 2005, Time Warner Cable Information Services (Texas),
L.P. ("TWCIS"), filed an application, pursuant to sections 63.03 and
63.04 of the Commission's rules,[^1] seeking approval for the sale of
certain local exchange assets of TWCIS to GTE Southwest Incorporated
d/b/a Verizon Southwest ("Verizon").[^2]

Applicants seek streamlined treatment on a case-by-case basis for this
transaction, as the transaction is not entitled to presumptive
streamlined treatment under section 63.03(b)(1)(iii).[^3] Because TWCIS
is not an incumbent local exchange carrier as defined by the Act, this
application is not subject to streamlined treatment. Nevertheless,
Applicants request for expedited treatment of this application will be
given consideration.

TWCIS, a Delaware limited partnership, offers facilities-based
telecommunications services in Texas. Specifically, TWCIS provides voice
telephony services to customers located in portions of the Plum Creek
subdivision located in Kyle, Texas, using circuit-switched technology.
TWCIS's affiliate, Time Warner Cable, provides multiple communications
services to residential and business customers, including digital cable
television, VoIP-based voice telephony, and high-speed access to the
Internet. Time Warner Cable Inc. is the parent company of TWCIS. Comcast
Corp, a publicly held company, owns a 17.9% indirect ownership interest
in Time Warner Cable Inc. through a trust. No other person or entity
owns a ten percent or greater direct or indirect interest in TWCIS.

GTE Southwest Incorporated, a Delaware corporation, is a wholly owned
subsidiary of GTE Corporation. More than 95% of GTE Corporation, a New
York corporation, is owned by Verizon Communications Inc., a publicly
held Delaware corporation. The balance is owned by NYNEX Corporation, a
Delaware corporation, which is a wholly-owned subsidiary of Verizon
Communications Inc. No person or entity owns a ten percent or more
equity interest in Verizon Communications, Inc. Verizon offers a variety
of facilities-based communications services in Texas, including local
exchange service, domestic and international long distance services, and
high-speed data service.

On August 25, 2005, the parties entered into an Asset Purchase Agreement
to transfer certain telecommunications assets, including copper-loop
facilities in the Plum Creek development located in Kyle, Texas, from
TWCIS to Verizon. At the time of the transfer of assets, TWCIS states
that it will discontinue its circuit-switched telephone service to its
customers in Kyle and that these customers will have the option of
obtaining voice service from Verizon or from TWCIS's affiliate, Time
Warner Cable, which offers VoIP-based "Digital Phone" service.

Applicants state that the proposed transaction is in the public
interest, convenience and necessity by increasing the number of
competitive facilities-based service offerings available to TWCIS's
current circuit-switched telephone customers in Kyle.

**[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 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 sections 1.415 and 1.419 of the Commission's
rules, 47 CFR §§ 1.415, 1.419, interested parties may file **comments on
or before December 13, 2005** and **reply comments on or before December
20, 2005**.[^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-C212, Washington,
    D.C. 20554; email: <tracey.wilson-parker@fcc.gov>;

(3) Adam Kirschenbaum, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C211, Washington, D.C. 20554;
    e-mail: <adam.kirschenbaum@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) James Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <james.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/).

For further information, please contact Tracey Wilson-Parker at (202)
418-1394, or Adam Kirschenbaum at (202) 418-7280.

\- **FCC** -

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height="6.944444444444445e-4in"}

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

[^2]: TWCIS is also filing a request to discontinue the provision of
    circuit-switched domestic telecommunications services to its
    customers in Kyle, Texas and instead provide, through its affiliate
    Time Warner Cable, only VoIP-based "Digital Phone" service. *See
    Comments Invited on Application of Time Warner Cable Information
    Services (Texas), L.P. to Discontinue Domestic Telecommunications
    Services*, WC Docket No. 05-330, DA 05-3107 (rel. Nov. 29, 2005).
    Any action on this domestic 214 application is without prejudice to
    Commission action on other related, pending applications.

[^3]: *See* 47 C.F.R. § 63.03(b)(1)(iii).

[^4]: *See* 47 C.F.R. § 63.03(a).