**DA 06-2042**

**Released: October 17, 2006**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF
ETS TELEPHONE COMPANY, INC. FROM JEFFERSON TELECOMMUNICATIONS PARTNERS,
LTD. TO BOSTON VENTURES LIMITED PARTNERSHIP VII**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 06-186**

**Comments Due: October 31, 2006**

**Reply Comments Due: November 7, 2006**

On September 25, 2006, Jefferson Telecommunications Partners, Ltd.
("Jefferson") and Boston Ventures Limited Partnership VII ("Boston
Ventures"), filed an application, pursuant to section 63.04 of the
Commission's rules,[^1] requesting authority to transfer control of ETS
Telephone Company, Inc. ("ETS"), and its parent company, En-Touch
Systems, Inc. ("En-Touch") (collectively, "Applicants"), from Jefferson
to Boston Ventures.[^2]

Applicants assert that this transaction is entitled to presumptive
streamlined treatment under section 63.03(b)(2)(i) of the Commission's
rules because the proposed transaction would result in: (1) Boston
Ventures having a market share in the interstate, interexchange market
of less than 10 percent, and (2) Boston Ventures providing competitive
telephone exchange services or exchange access services (if at all)
exclusively in areas served by a dominant local carrier not a party to
the transaction, and (3) neither of the Applicants is dominant with
respect to any service.[^3]

ETS, a Texas corporation, is a wholly-owned subsidiary of En-Touch, also
a Texas corporation. ETS, is a competitive local exchange carrier
("LEC") providing voice services to approximately 10,000 residential and
business customers in the Houston, Texas area. Specifically, ETS
provides local and long distance services (including 1+ and toll free)
under the names ETS Telephone Company, Inc. and En-Touch Systems.
Jefferson, a Texas limited partnership, is currently the majority
shareholder of En-Touch.

Boston Ventures, a Delaware limited partnership, is a private equity
firm with current assets that include a competitive local exchange
carrier, cable television systems, and a rural cellular provider. Its
current communications portfolio includes Integra Telecom, Inc., an
Oregon corporation providing local telephone service in Arizona,
California, Idaho, Minnesota, Nevada, North Dakota, Oregon, Utah, and
Washington. Integra also offers long distance and data services in all
states. Applicants state that Integra does not provide service in any
area that overlaps the ETS service area. Hartford Life Insurance Company
(Hartford Life) (11%) and Hartford Fire Insurance Company (Hartford
Fire) (11%) own more than a 10% equity interest in Boston Ventures.
Hartford Financial Services, the parent of Hartford Life and Hartford
Fire, is a Delaware corporation that is publicly traded and has no
shareholders with a ten percent or greater interest.

Under the terms of the proposed transaction, Boston Ventures will
acquire control of En-Touch, the parent company of ETS, and thus will
obtain the majority controlling interest in ETS. The parties have agreed
to create two new entities, En-Touch Holdings, LLC ("Holdings"), a
Delaware limited liability corporation, and its subsidiary, En-Touch
Acquisition Corp. ("Merger Sub"), a Delaware corporation. Following
consummation of the proposed transaction, the only ten percent or
greater owner of En-Touch Holdings, LLC will be Boston Ventures, which
will hold approximately 84 percent of the ownership interest. The
parties have agreed to the transfer of control of En-Touch to Boston
Ventures by means of the merger of Merger Sub with and into En-Touch,
with En-Touch continuing as the surviving corporation and as a
wholly-owned subsidiary of Holdings.

Applicants state that the proposed transaction will serve the public
interest. Applicants submit that the proposed transaction will be
transparent to customers and that ETS will continue to provide service
without a change in rates, terms, or conditions. Applicants further
contend that the telecommunications providers that Boston Ventures owns
or controls do not provide service in the area served by ETS, and thus
the proposed transaction will not adversely affect competition.

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

The transfer of control 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 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 October 31, 2006** and **reply comments on or before November
7, 2006**.[^4] 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.[^5] 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) Cecilia Seppings, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-A103, Washington, D.C. 20554;
    email: <cecilia.seppings@fcc.gov>;

(3) Dennis Johnson, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-B155, Washington, D.C. 20554;
    e-mail: <dennis.johnson@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:susan.o'connell@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 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 Cecilia Seppings at (202)
418-1588, or Dennis Johnson at (202) 418-0809.

**- FCC -**

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

[^2]: Applicants have also filed 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. On October 13, 2006,
    Applicants filed a supplement to their application. *See*
    Application for Authority to Transfer Control of ETS Telephone
    Company, Inc. from Jefferson Telecommunications Partners, Ltd. to
    Boston Ventures Limited Partnership VII, Supplement to Initial
    Application, WC Docket No. 06-186 (filed October 13, 2006).

[^3]: 47 C.F.R. § 63.03(b)(2)(i).

[^4]: *See* 47 C.F.R. § 63.03(a).

[^5]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.