**DA 05-1095**

**Released: April 15, 2005**

**WIRELINE COMPETITION BUREAU GRANTS CONSENT FOR TRANSFER OF CONTROL OF
BERKSHIRE TELEPHONE COMPANY TO FAIRPOINT COMMUNICATIONS, INC.\
**

**WC Docket No. 03-184**

Pursuant to section 214 of the Communications Act of 1934, as amended,
47 U.S.C. § 214, and sections 0.91, 0.291, and 63.03 of the Commission's
rules, 47 C.F.R. §§ 0.91, 0.291, and 63.03, the Wireline Competition
Bureau (Bureau) approves the application to transfer control of
Berkshire Telephone Company ("Berkshire") to Fairpoint Communications,
Inc. ("Fairpoint").[^1] On August 25, 2003, the New York Public Service
Commission filed comments requesting that the Bureau delay action until
after the NYPSC issued its final decision on the state application for
merger approval.[^2] In an Order issued on March 18, 2005, the NYPSC
approved the acquisition subject to several conditions.[^3]

The Bureau finds, upon consideration of the record,[^4] that the
proposed transfer will serve the public interest, convenience and
necessity, and therefore grants the requested authorization.[^5]
Pursuant to section 1.103 of the Commission's rules, 47 C.F.R. § 1.103,
the consent granted herein is effective upon the release of the Public
Notice. Petitions for reconsideration under section 1.106 or
applications for review under section 1.115 of the Commission's rules,
47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of
this Public Notice.

For further information, please contact Tracey Wilson-Parker, at (202)
418-1394, or Kimberly Jackson at (202) 418-7393, in the Competition
Policy Division, Wireline Competition Bureau.

\- **FCC** -

[^1]: *See* *Domestic Section 214 Application Filed for Transfer of
    Control of Berkshire Telephone Company to Fairpoint Communications,
    Inc.,* WC Docket No. 03-184, Public Notice, DA 03-2638 (rel. Aug.
    11, 2003).

[^2]: *See* Letter from Dawn Jablonski Ryman, General Counsel, NYPSC to
    Marlene Dortch, Secretary, Federal Communications Commission, WC
    Docket No. 03-184 (filed Aug. 25, 2003).

[^3]: *See* Letter from Gerard J. Duffy, Counsel for Fairpoint
    Communications, Inc. and MJD Ventures, Inc. to Marlene H. Dortch,
    Secretary, Federal Communications Commission, WC Docket No. 03-184
    (filed Mar. 18, 2005).

[^4]: On April 5, 2004, the Transferee, Fairpoint Communications, Inc.
    filed a related transfer of control application with the Commission.
    *See* *Domestic 214 Application Filed for the Transfer of Control of
    Fairpoint Communications, Inc.*, WC Docket No. 04-149, Public
    Notice, DA 04-1076 (rel. Apr. 22, 2004). The Commission granted that
    application on May 24, 2004. *See Notice of Streamlined Domestic 214
    Application Granted*, WC Docket No. 04-149, Public Notice, DA
    04-1444 (rel. May 24, 2004).

[^5]: *See Joint Applications of Global Crossing Ltd., and Citizens
    Communications Company for Authority to Transfer Control of
    Corporations Holding Commission Licenses and Authorizations Pursuant
    to Sections 214 and 310(d) of the Communications Act and Parts 20,
    22, 63, 78, 90, and 101 of the Commission's Rules*, Memorandum
    Opinion and Order, 16 FCC Rcd 8507, 8511-14 (CCB/IB/CSB/WTB 2001)
    (granting transfer of control involving incumbent LECs with adjacent
    exchanges where merger would provide service efficiencies).