PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1369 Released: June 19, 2009 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF GRANDE COMMUNICATIONS NETWORKS, INC. FROM GRANDE COMMUNICATIONS HOLDINGS, INC. TO ABRY PARTNERS VI, L.P. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 09-105 Comments Due: July 6, 2009 Reply Comments Due: July 10, 2009 On June 15, 2009, Grande Communications Networks, Inc. (Grande Networks), Grande Communications Holdings, Inc. (Grande Holdings, together Grande), and ABRY Partners VI, L.P. (ABRY VI, and together with Grande, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 seeking approval to transfer control of Grande Networks from Grande Holdings to ABRY VI. Grande Networks, a Delaware corporation, is a direct, wholly owned subsidiary of Grande Holdings, also a Delaware corporation. Grande Networks is authorized to provide competitive local exchange and interexchange telecommunications services in Arkansas, Florida, Georgia, Indiana,2 North Carolina (interexchange only), Oklahoma, Texas, and Washington (interexchange only). Grande Networks currently provides service only in Arkansas, California (on an interstate, wholesale basis only), Florida, Georgia, Oklahoma, and Texas, primarily to carrier and other business customers. In several Texas markets, Grande Networks also provides residential and business customers with competitive local and long distance services. ABRY VI, a Delaware limited partnership, is a private equity fund. Applicants state that it is not authorized to provide telecommunications services and currently has no affiliates that offer domestic telecommunications services.3 Applicants state that, through a series of transactions, ABRY VI will acquire an approximate 75 percent ownership interest in Grande Networks. Grande Holdings will acquire an approximate 25 percent 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing applications for transfer of control associated with authorization for international services. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. 2 Applicants state that Grande Networks is in the process of surrendering its state authorizations in Indiana and does not provide service in Indiana. 3 Applicants state that management of ABRY VI is vested in its sole general partner, ABRY VI Capital Partners, L.P., a Delaware limited partnership. Management of ABRY VI Capital Partners, L.P. is vested in its sole general partner, ABRY VI Capital Investors, LLC, a Delaware limited liability company. The sole owner of ABRY VI Capital Investors, LLC is Royce Yudkoff, a U.S. citizen. interest in Grande Networks, and ABRY VI will become the new ultimate majority owner of Grande Networks.4 Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the Commission’s rules and that a grant of the application will serve the public interest, convenience, and necessity.5 Domestic Section 214 Application Filed for the Transfer of Control of Grande Communications Networks, Inc. from Grande Communications Holdings, Inc. to ABRY Partners VI, L.P., WC Docket No. 09-105 (filed June 15, 2009). 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 application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies. Pursuant to section 63.03(a) of the Commission’s rules, 47 CFR § 63.03(a), interested parties may file comments on or before July 6, 2009, and reply comments on or before July 10, 2009. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.6 Comments must be filed electronically using (1) the Commission’s Electronic Comment Filing System (ECFS) or (2) the Federal Government’s e-Rulemaking Portal. See 47 C.F.R. § 63.03(a) (“All comments on streamlined applications shall be filed electronically . . . .”); Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Comments may be filed electronically using the Internet by accessing the ECFS, http://www.fcc.gov/cgb/ecfs/, or the Federal e-Rulemaking Portal, 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. In addition, e-mail one copy of each pleading to each of the following: 1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., fcc@bcpiweb.com; phone: (202) 488-5300; fax: (202) 488-5563; 2) Tracey Wilson-Parker, Competition Policy Division, Wireline Competition Bureau, tracey.wilson-parker@fcc.gov; 4 Applicants state that there are two U.S.-based investment entities that hold 10 percent or more of the total outstanding stock of Grande Holdings: J.H Whitney IV, L.P. (12 percent) and Centennial Fund VI, L.P. (11 percent). J.H. Whitney IV, L.P. does not have a 10 percent or greater interest in any company that offers domestic telecommunications services. Centennial Fund VI, L.P. has a greater than 10 percent ownership interest in Masergy Communications, Inc. that provides enterprise wide area networking services in the U.S. 5 47 C.F.R. § 63.03(b)(2)(i). 6 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 3) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov; 4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 5) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. Filings and comments are 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; e-mail: fcc@bcpiweb.com; url: www.bcpiweb.com. 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). For further information, please contact Tracey Wilson-Parker at (202) 418-1394 or Jodie May at (202) 418-0913. - FCC -