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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  03-  1126  Released:  April  10,  2003 
 DOMESTIC  SECTION  214  APPLICATION  FILED  FOR  ACQUISITION  OF  ASSETS  OF  BROADWING  COMMUNICATIONS  SERVICES,  INC.  BY  C  III  COMMUNICATIONS 
 OPERATIONS,  LLC 
 STREAMLINED  PLEADING  CYCLE  ESTABLISHED 
 WC  Docket  No.  03-  94 
 On  March  14,  2003,  Broadwing  Telecommunications  Inc.  (Broadwing-  TI),  Broadwing  Communications  Services  Inc.  (  Broadwing-  CSI)  and  C  III  Communications  Operations,  LLC 


 (  C  III  Ops)  (together  Applicants),  filed  an  application,  pursuant  to  sections  63.03  and  63.04  of  the  Commissions  rules,  1  for  consent  to  the  acquisition  of  assets  of  Broadwing-  TI  and 
 Broadwing-  CSI  by  C  III  Ops.  2 
 Applicants  assert  that  this  transaction  is  entitled  to  presumptive  streamlined  treatment  pursuant  to  section  63.03(  b)(  2)(  i).  Applicants  assert  that  the  transaction  would  result  in  the 
 transferee  having  a  market  share  in  the  interstate,  interexchange  market  off  less  than  10  percent;  the  transferee  would  provide  competitive  telephone  exchange  services  or  exchange  access 
 services  (if  at  all)  exclusively  in  geographic  areas  served  by  a  dominant  local  exchange  carrier  that  is  not  a  party  to  the  transaction;  and  neither  of  the  Applicants  is  dominant  with  respect  to 
 any  service. 
 Broadwing-  TI,  a  Delaware  corporation,  is  a  wholly-  owned  subsidiary  of  Broadwing-  CSI,  a  Delaware  corporation.  Broadwing-  CSI  is  a  wholly-  owned  subsidiary  of  Broadwing 
 Communications  Inc.,  a  Delaware  corporation,  which  in  turn  is  a  wholly  owned  subsidiary  of  Broadwing  Inc.,  an  Ohio  Corporation.  Broadwing-  TI  and  Broadwing-  CSI  are  currently 
 authorized  to  provide  long  distance  services  in  all  48  contiguous  states. 


 1  47  C.  F.  R    63.03,  63.04;  see  47  U.  S.  C.    214. 
 2  Applicants  have  also  filed  transfer  of  control  applications  related  to  international  services.  Any  action  on 
 this  domestic  214  application  is  without  prejudice  to  Commission  action  on  other  related  pending  applications. 
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 C  III  Ops  is  a  Delaware  limited  liability  company  that  is  wholly  owned  by  C  III  Communications,  LLC  (  C  III),  which  is  a  privately  held  Delaware  limited  liability  company. 
 Corvis  Corporation  (  Corvis),  a  Delaware  corporation,  is  the  majority  and  controlling  owner  of  C  III.  C  III  Ops  is  in  the  process  of  obtaining  authorizations  to  provide  long  distance  services 
 throughout  the  United  States. 
 On  February  22,  2003,  the  Applicants  entered  into  an  Agreement  for  the  Purchase  and  Sale  of  Assets  (  Agreement)  pursuant  to  which  Broadwing-  CSI  would  sell  to  C  III  its  entire 
 broadband  business,  which  includes  interstate  and  intrastate  long  distance  and  private  line  services.  C  III,  through  its  wholly-  owned  subsidiary,  C  III  Ops,  would  continue  to  provide 
 services  to  all  of  Broadwing-  CSIs  and  Broadwing  TIs  existing  customers  under  the  trade  name  Broadwing.  Substantially  all  of  the  assets  of  Broadwing-  CSI,  including  all  of  the  assets  and 
 customers  of  Broadwing-  TI,  will  be  transferred  to  C  III  Ops.  In  addition,  C  III  Ops  would  retain  all  of  Broadcasting-  CSIs  employees. 


 The  Applicants  assert  that  granting  this  application  will  serve  the  public  interest,  convenience,  and  necessity  by  ensuring  continuity  of  service  to  Broadwing-  CSIs  and 
 Broadwing-  TIs  customers.  Further,  with  the  enhanced  financial  resources  contributed  by  Corvis  and  Cequel  III,  Applicants  claim  the  company  will  be  in  a  better  position  to  provide 
 services  to  customers,  thereby  promoting  competition  in  the  domestic  interexhange  service  markets. 


 GENERAL  INFORMATION 
 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  Commissions  rules  and  policies.  Interested  parties  may  file 
 comments  within  14  days  and  reply  comments  within  21  days  of  this  notice.  3  Unless  otherwise  notified  by  the  Commission,  an  applicant  is  permitted  to  transfer  control  of  the 
 domestic  lines  or  authorization  to  operate  on  the  31  st  day  after  the  date  of  this  notice.  4  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 


 3  See  47  C.  F.  R.    63.03(  a). 
 4  Such  authorization  is  conditioned  upon  receipt  of  any  other  necessary  approvals  from  the  Commission  in 
 connection  with  the  proposed  transaction. 
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 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  Commissions  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,  and 


 (3)  Dennis  Johnson,  Competition  Policy  Division,  Wireline  Competition  Bureau,  445  12  th  Street,  S.  W.,  Room  6-  A461,  Washington,  D.  C.  20554;  e-  mail:  dcjohnso@  fcc.  gov,  and 
 (4)  William  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 
 (5)  Imani  Ellis-  Cheek,  Telecommunications  Division,  International  Bureau,  445  12  th  Street,  S.  W.,  Room  6-  A739,  Washington,  D.  C.  20554;  email:  iellis@  fcc.  gov;  and 
 (6)  Nandan  Joshi,  Office  of  General  Counsel,  445  12  th  Street,  S.  W.,  Room  8-  A820,  Washington, 
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 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,  Dennis  Johnson  (202)  418-  0809,  or  William  Dever,  Competition  Policy,  Wireline  Competition  Bureau 
 at  (202)  418-  1578. 
 -  FCC  - 
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