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 13-578 Released: March 28, 2013 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF THE OPERATING SUBSIDIARIES OF SECURUS TECHNOLOGIES HOLDINGS, INC. TO SECURUS INVESTMENT HOLDINGS, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 13-79 Comments Due: April 11, 2013 Reply Comments Due: April 18, 2013 On March 18, 2013, Connect Acquisition Corp. (Connect), T-NETIX, Inc. (T-NETIX), T-NETIX Telecommunications Services, Inc., (T-NETIX Telecom), Securus Technologies, Inc. (STI), and Securus Investment Holdings, LLC (Securus Investment) (collectively the Applicants), filed applications, pursuant to section 63.03 of the Commission’s rules,1 for the transfer control of T-NETIX, T-NETIX Telecom and STI to Securus Investment. STI, T-NETIX and T-NETIX Telecom, all Delaware corporations, are privately held and wholly- owned subsidiaries of Securus Technologies Holdings, Inc. (STHI). T-NETIX provides inmate calling services and public payphone services, which it provides principally to or at confinement facilities, in Arkansas, Maryland, Oregon, Pennsylvania, South Carolina, and Texas. T-NETIX Telecom is authorized to provide domestic interstate services as a non-dominant carrier. STI provides interstate services as part of inmate calling services and public payphone services, which it provides principally to, or at, confinement facilities. STHI is a wholly-owned subsidiary of Securus Holdings, Inc. (Securus Holdings), a Delaware corporation and subsidiary of Connect. STHI, Securus Holdings, Securus Investment, and Connect, a Delaware limited liability company, are not providers of telecommunications services. Securus Investment, a Delaware limited liability company, formed Connect Merger Sub, Inc. (Connect Merger Sub) a Delaware corporation, solely for the purpose of this transaction. At the time the transaction is consummated, approximately 95.3 percent of the interests in Securus Investment will be indirectly held by Securus Special Investments, LLC (SSI), a Delaware limited liability company. ABRY Partners VII, L.P., a Delaware limited partnership, will hold a 66.88 percent equity interest in SSI. SSI will be controlled by ABRY Partners VII, L.P., an affiliate of ABRY Partners, a Boston-based private equity investment firm focused solely on media, communications, business, and information services investments. HarbourVest Partners 2012 Direct Fund LP and Redoak Investments LLC, both U.S. 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. entities, each hold a 15.43 percent interest in SSI. HarbourVest Partners, LLC, a Delaware limited liability company is the managing member of HarbourVest Partners 2012 Direct Fund LP and Redoak Investments LLC and is owned by nineteen individuals, none of whom control the entity. After consummation of the proposed transaction, STHI and its subsidiaries will become affiliated with other entities that provide regulated telecommunications services.2 Pursuant to the Asset Purchase Agreement among Connect, T-NETIX, T-NETIX Telecom, Securus Technologies, Inc., Securus Investment, and Connect Merger Sub, Connect Merger Sub will merge into and with Connect. Upon completion of this merger, the separate existence of Connect Merger Sub will end and Connect will be the surviving corporation. As a result, STHI and its operating subsidiaries will become subsidiaries of Securus Investment. 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.3 Domestic Section 214 Application Filed for the Transfer of Control of the Operating Subsidiaries of Securus Technologies Holdings, Inc. to Securus Investment Holdings, LLC, WC Docket No. 13-79 (filed Mar. 18, 2013). GENERAL INFORMATION 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 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 April 11, 2013, and reply comments on or before April 18, 2013. Pursuant to section 63.52 of the Commission’s rules, 47 C.F.R. § 63.52, commenters must serve a copy of comments on the Applicants no later than the above comment filing date. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.4 Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties to this proceeding should file any documents in this proceeding using the Commission’s Electronic Comment Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. In addition, e-mail one copy of each pleading to each of the following: 1) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau, tracey.wilson@fcc.gov; 2) Dennis Johnson, Competition Policy Division, Wireline Competition Bureau, dennis.johnson@fcc.gov; 3) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 4) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. 2 See applications for a complete list of affiliated entities. 3 47 C.F.R. §63.03(b)(2)(i). 4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. 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). The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, please contact Tracey Wilson at (202) 418-1394 or Dennis Johnson at (202) 418-0809. - FCC - 5 47 C.F.R. §§ 1.1200 et seq.