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 10-1049 Released: June 9, 2010 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF LIBERTY-BELL TELECOM, LLC TO BRENDA ALEXANDER STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 10-96 Comments Due: June 23, 2010 Reply Comments Due: June 30, 2010 On April 27, 2010, Liberty-Bell Telecom, LLC (Liberty-Bell Telecom or Applicant) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer control of the company to Ms. Brenda Alexander. Liberty-Bell Telecom, a Colorado limited liability company, provides competitive local exchange and long distance services in Colorado and has limited operations in New Mexico and Utah. It is wholly owned by Liberty-Bell, LLC, a Colorado limited liability company that operates as a holding company and does not itself provide telecommunications services. Applicant states that the following individuals currently own at least 10 percent of the equity of Liberty-Bell, LLC: Nigel Alexander (U.S. citizenship, 48 percent) and Thomas G. Martino (U.S. citizenship, 11 percent).2 Applicant further states that no other entity currently owns or controls a 10 percent or greater direct or indirect interest in Liberty-Bell Telecom.3 Pursuant to the terms of the proposed transaction, Nigel Alexander will transfer his interests in 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicant is also filing an application for a 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. Applicant filed supplements to its domestic section 214 application on May 6, May 18, and May 27, 2010. 2 Applicant states that Mr. Alexander, who was a citizen of the United Kingdom at the time of the application, became a U.S. citizen on May 27, 2010. 3 On May 6, 2010, Liberty Bell Telecom filed a domestic section 214 application to secure authority for a previously unauthorized transaction that was consummated on or about September 13, 2006. On that date, Multi-Link Telecom LLC (MLT), a Colorado limited liability company that did not provide telecommunications services, acquired control of Liberty Bell Telecom. Liberty Bell Telecom states that the following individuals owned MLT: Nigel Alexander (70 percent), Thomas Martino (14 percent), and Robert Unger (10 percent), a U.S. citizen. Application for Grant of Authority Pursuant to Section 214 of the Communications Act, Multi-Link Telecom, LLC and Liberty Bell Telecom, LLC, WC Docket No. 10-105 (filed May 6, 2010). It also states that MLT was a holding company that is now known as Liberty-Bell, LLC. On June 9, 2010, the Wireline Competition Bureau granted a request by Liberty Bell Telecom for special temporary authority for a period of 60 days to allow its customers to continue to receive service while the MLT section 214 application is pending. Letter from Edward S. Quill and Brian Liberty-Bell, LLC to his spouse, Brenda Alexander, a U.S. citizen. Following the closing, Brenda Alexander will own 48 percent and Thomas G. Martino will own 11 percent of Liberty-Bell, LLC, which will own 100 percent of Liberty-Bell Telecom, LLC.4 Applicant states that no other person or entity will directly or indirectly own or control 10 percent of Liberty-Bell Telecom and that it will have no affiliates that provide telecommunications services. Applicant asserts 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 Liberty-Bell Telecom, LLC to Brenda Alexander, WC Docket No. 10-96 (filed Apr. 27, 2010). GENERAL INFORMATION The Wireline Competition Bureau finds, upon initial review, that the transfer of control identified herein is 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 C.F.R. § 63.03(a), interested parties may file comments on or before June 23, 2010, and reply comments on or before June 30, 2010. 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. McDermott, Counsel for MLT and Liberty-Bell Telecom, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 10-105 (filed May 5, 2010). According to Liberty-Bell Telecom, Nigel Alexander’s interests were reduced from 70 percent in September 2006 to approximately 56 percent in February 2008 through three small transactions, and it is filing the current application in WC Docket No. 10-96 for him to relinquish his interest entirely and transfer it to Brenda Alexander. 4 Liberty-Bell Telecom states that it reported incorrectly that Brenda Alexander owned a controlling interest in Liberty-Bell LLC in two transactions in which Liberty-Bell Telecom acquired certain assets in 2008 and 2009. Domestic Section 214 Application Filed for the Acquisition of Assets of Impact Telecom, Inc. by Liberty-Bell Telecom, LLC, 24 FCC Rcd 11718 (WCB 2009), granted, 23 FCC Rcd 12386 (WCB 2009); Domestic Section 214 Application Filed for the Acquisition of Certain Assets of Affinity Telecom, Inc. by Liberty Bell Telecom, LLC, WC Docket No. 08-195, 23 FCC Rcd 14104 (WCB 2008), granted, 23 FCC Rcd 16431 (WCB 2008). 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. 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; 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-