**DA 06-2509**

**Released: December 14, 2006**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS
OF ACCERIS MANAGEMENT AND ACQUISITION LLC, NEW ACCESS COMMUNICATIONS LLC
AND CHOICETEL LLC BY FIRST COMMUNICATIONS, LLC**

**STREAMLINED Pleading Cycle Established**

**WC Docket No**. **06-217**

**Comments Due: December 28, 2006**

**Reply Comments Due: January 4, 2007**

On November 30, 2006, First Communications, LLC ("First
Communications"), Acceris Management and Acquisition LLC ("Acceris"),
New Access Communications LLC ("New Access") and Choicetel LLC
("Choicetel") (collectively, the "Applicants") filed an application
pursuant to section 63.04 of the Commission's rules[^1] seeking
authority to transfer certain assets of Acceris, New Access and
Choicetel to First Communications.[^2]

Applicants submit that this transaction is entitled to presumptive
streamlined treatment under 63.03(b)(2)(i) of the Commission's rules
because: (a) the proposed transaction would result in First
Communications having a market share in the interstate, interexchange
market of less than 10 percent, (b) First Communications will provide
competitive services exclusively in areas served by a dominant local
carrier not a party to the transaction, and (c) neither of the
Applicants is dominant with respect to any domestic service.[^3]

First Communications, an Ohio limited liability company, provides local,
private line and long distance services to approximately 100,000
business and residential customers, located primarily in Ohio, Michigan,
Indiana, Illinois, Pennsylvania, and Florida. First Communications is
authorized to provide intrastate long distance telecommunications
services in all contiguous states except for the following states, in
which authority is pending: Arizona, Louisiana, North Dakota, Oklahoma,
South Carolina, Vermont, Wyoming. First Communications is authorized to
provide competitive local exchange telecommunications services in
Illinois, Indiana, Michigan, New Jersey, New York, Ohio, Pennsylvania,
and Wisconsin.[^4] Applicants state that First Communications has no
affiliates that offer domestic telecommunications services. The
following U.S. entities hold a 10% or greater equity interest in First
Communications: McKinley Communications, LLC, ("McKinley") (51%); First
Energy Corp. ("First Energy") (31.85%); and Boich Investment Group, Ltd.
("Boich") (17.15%). McKinley is 80% owned by Marbel Investments, LLC
("Marbel"), a U.S. limited liability company. Marbel is, in turn, owned
in equal shares by the following U.S. citizens: Marsh Belden, Timothy
Belden, Susan Belden, and Katherine Belden. No shareholder in First
Energy holds a 10 percent or greater ownership interest in First
Communications. Boich is owned entirely by Wayne Boich, Sr., a U.S.
citizen.

Acceris, a Minnesota limited liability company, serves residential,
small and medium-sized business, and large enterprise customers
throughout the United States. Acceris is authorized to provide long
distance telecommunications services in the contiguous 48 states,
Hawaii, and the District of Columbia. In addition, Acceris is authorized
to provide long distance and competitive local exchange
telecommunications services in California, Pennsylvania, New York, New
Jersey, Florida, and Massachusetts, and also holds authorization to
provide interstate telecommunications. Acceris has one affiliate, New
Access, that offers domestic local and long distance telecommunications
services. New Access is authorized to provide local service primarily in
the Qwest territories and long distance resale services virtually
nationwide. Acceris is a direct, wholly-owned subsidiary of North
Central Equity LLC ("North Central"), a privately held Minnesota holding
company that is 53% owned by Elam Baer, a U.S. citizen. No other entity
holds a 10% or greater equity interest in North Central.

New Access, a Minnesota limited liability company, provides competitive
local and long distance telecommunications services to primarily
residential customers throughout the United States. New Access is
authorized to provide long distance resale telecommunications services
in the contiguous 48 states, Hawaii, and the District of Columbia, with
the exception of Connecticut, Delaware, Maryland, New Hampshire, South
Carolina, Tennessee and West Virginia. New Access is authorized to
provide local services on a resale or facilities-based basis in the
following states: Alabama, Arkansas, California, Colorado, Florida,
Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Texas, Virginia, Washington,
Wisconsin and Wyoming. New Access is a direct, wholly-owned subsidiary
of North Central. Mr. Elam Baer holds a 53% equity interest in North
Central, and thus, a 10% or greater equity interest in New Access under
the Commission's attribution rules. No other person or entity holds a
10% or greater equity interest in New Access.

Choicetel, a Minnesota limited liability company, provides competitive
local and long distance telecommunications services to primarily
residential customers in Minnesota and Iowa. Choicetel is a direct,
wholly-owned subsidiary of New Access. Mr. Elam Baer holds a 53% equity
interest in North Central, and thus, a 10% or greater equity interest in
Choicetel under the Commission's attribution rules. No other person or
entity holds a 10% or greater equity interest in Choicetel.

The proposed transaction will result in the acquisition by First
Communications of certain assets of Acceris (except for certain cash
equivalent assets retained by Acceris), including the remaining long
distance resale customers and any remaining personal property; and the
acquisition by First Communications of certain assets of New Access and
Choicetel (except for certain cash equivalent assets retained by
Acceris), including all local and long distance customers and any
personal property such as equipment, switches, and a certain level of
working capital (excluding accounts receivable), but not including any
federal or state telecommunications authorizations.

The Applicants state that the transfer of assets to First Communications
will serve the public interest because, following the transfer, the
former Acceris, New Access and Choicetel customers will continue to
receive services, which will be consistent with the quality of services
currently provided by Acceris, New Access and Choicetel. Applicants also
anticipate that customers will experience a seamless transition of
service providers. Applicants state that grant of this Application will
strengthen the competitive position of First Communications without
negative impact to Acceris, New Access or Choicetel customers or to
competition in the markets in which Acceris, New Access or Choicetel
currently operates.

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

The transfer of assets 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 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 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 28, 2006** and **reply comments on or before January
4, 2006**.[^5] Unless otherwise notified by the Commission, Applicants
are permitted to transfer the assets and related control on the 31^st^
day after the date of this notice.[^6] 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) Myrva Charles, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C230, Washington, D.C. 20554;
    email: <myrva.charles@fcc.gov>;

(3) Alex Johns, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C3157, Washington, D.C. 20554;
    e-mail: <alexis.johns@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 CYB402, 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 Myrva Charles at (202) 418-1506,
or Alex Johns at (202) 418-1167.

\- **FCC** -![](media/image2.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

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

[^2]: Applicants are also filing an application for transfer of control
    associated with authorization for international services. Any action
    on this domestic 214 application is without prejudice to Commission
    action on other related, pending applications.

[^3]: 47 C.F.R. § 63.03(b)(2)(i).

[^4]: In addition to traditional local and long distance services, First
    Communications' telecommunications services include toll-free
    services, conference calling packages, calling cards, prepaid
    calling cards, Internet access, and dedicated and private line
    services, all of which are provided primarily on a resale basis.

[^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.