Attachment DA-13-1088.pdf

DA-13-1088.pdf

PUBLIC NOTICE

Public Notice

2013-05-14

This document pretains to ITC-T/C-20130227-00052 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2013022700052_997001

PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov Washington, D.C. 20554 TTY: 1-888-835-5322 DA 13-1088 Released: May 14, 2013 APPLICATIONS GRANTED FOR THE TRANSFER OF CONTROL OF BRESNAN BROADBAND HOLDINGS, LLC TO CHARTER COMMUNICATIONS, INC. MB Docket No. 13-77 On February 25 and March 12, 2013, Charter Communications, Inc. (“Charter”), Cablevision Systems Corporation (“Cablevision”), and their respective subsidiaries (collectively, the “Applicants”) jointly submitted applications to the Commission seeking consent to the transfer of control of certain licenses pursuant to Section 310(d) of the Communications Act of 1934, as amended (the “Act”). In addition, on February 27, 2013, the Applicants jointly submitted applications to the Commission seeking consent to the transfer of control of certain licenses pursuant to Section 214 of the Act.1 The proposed transfer of control of these licenses is part of a larger transaction whereby a subsidiary of Charter will acquire control of Bresnan Broadband Holdings, LLC (“Bresnan”) and its subsidiaries from Cablevision.2 Charter is a provider of bundled video, voice, and broadband Internet services in 25 states. It is also the fourth-largest cable television system in the United States. Cablevision is a provider of bundled video, voice, and broadband Internet services primarily in the tri-state area of New York, New Jersey, and Connecticut.3 In 2010, Cablevision purchased Bresnan and its subsidiaries and affiliates,4 and thereafter provided video, voice, and broadband services to customers through Bresnan in Colorado, Montana, Utah, and Wyoming.5 1 Application for Consent to Transfer Control of Wireless Licenses, Bresnan Broadband Holdings, LLC and its Subsidiaries to Charter Communications, Inc. (filed Mar. 12, 2013); Application for Consent to Transfer Control of Cable Television Relay Service Station Licenses, Bresnan Broadband Holdings, LLC and its Subsidiaries to Charter Communications, Inc. (filed Feb. 25, 2013); Combined Application for Consent to Transfer Control of Domestic and International Section 214 Licenses, Bresnan Digital Services, LLC and its Subsidiaries to Charter Communications, Inc. (filed Feb. 27, 2013) (“Section 214 Application”). On April 5, 2013, Charter filed a Supplement to its Section 214 Application notifying the Commission that some of its shareholders had recently reduced their ownership interests in the company. Section 214 Application, Supplement (filed Apr. 5, 2013). 2 Applications Filed for the Transfer of Control of Bresnan Broadband Holdings, LLC to Charter Communications, Inc., MB Docket No. 13-77, Public Notice, 28 FCC Rcd 3026 (MB 2013) (“Cablevision-Charter Public Notice”). 3 Id. 4 Application Granted for the Transfer of Control of Bresnan Communications, LLC to Cablevision Systems Corp., MB Docket No. 10-154, Public Notice, 25 FCC Rcd 13324 (IB, MB, WCB, WTB 2010). 5 Cablevision-Charter Public Notice. Charter does not currently offer cable service in the states served by Bresnan. See Charter Communications, Inc., Markets, http://www.charter.com/footer/footerPage.jsp?tag=about_market (visited Apr. 26, 2013).

On March 20, 2013, the Media Bureau released a Public Notice requesting comment on the applications for Charter’s acquisition of the Bresnan systems.6 No comments or petitions to deny were filed by the April 19, 2013 deadline specified in the Public Notice. Pursuant to Sections 4(i), 214, and 310(d) of the Communications Act of 1934, as amended,7 and Sections 0.261, 0.283, 0.291, and 0.331 of the Commission’s rules,8 the International Bureau, the Media Bureau, the Wireline Competition Bureau, and the Wireless Telecommunications Bureau, under delegated authority, approve the applications listed herein.9 The Bureaus find that grant of the applications will serve the public interest, convenience, and necessity.10 A. SECTION 214 AUTHORIZATIONS 1. Domestic The Wireline Competition Bureau grants the application for consent to transfer control of the domestic Section 214 subsidiaries of Bresnan and its subsidiaries to Charter. The subsidiaries are: Bresnan Digital Services, LLC; Bresnan Broadband of Colorado, LLC; Bresnan Broadband of Montana, LLC; Bresnan Broadband of Utah, LLC; and Bresnan Broadband of Wyoming, LLC. These subsidiaries offer competitive local exchange and long distance services in Colorado, Montana, Utah, and Wyoming. 2. International File No. Authorization Holder Authorization Number ITC-T/C-20130227-00052 Bresnan Digital Services, LLC ITC-214-20061117-00525 B. CABLE TELEVISION SERVICE APPLICATIONS File No. Authorization Holder Call Sign 20130308AA-09 Bresnan Communications, LLC WHZ-634 20130308AB-09 Bresnan Communications, LLC WHZ-748 20130308AC-09 Bresnan Communications, LLC WLY-332 6 Cablevision-Charter Public Notice. 7 47 U.S.C. §§ 154(i), 214, 310(d). 8 47 C.F.R. §§ 0.261, 0.283, 0.291, 0.331. 9 The Bureaus’ grants include consent for Charter to acquire control of (1) any authorizations or licenses issued to the Applicants or any of their subsidiaries or affiliates to the extent such authorizations are related to the Applicants’ cable television systems and wireless licenses affected by the transactions, during the Commission’s consideration of the applications and the period required for the consummation of the transactions following approval; (2) construction permits held by licensees involved in the transactions that mature into licenses after closing and that may have been omitted from the applications; and (3) applications that will have been filed by such licensees relating to such cable systems and wireless licenses that are pending at the time of consummation of the transactions. See, e.g., Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations from MediaOne Group, Inc., Transferor, to AT&T Corp., Transferee, Memorandum Opinion and Order, 15 FCC Rcd 9816, 9895, ¶ 185 (2000). 10 See 47 U.S.C. §§ 214(a), 310(d). 2

File No. Authorization Holder Call Sign 20130308AD-09 Bresnan Communications, LLC WLY-861 20130308AE-09 Bresnan Communications, LLC WBH-637 20130308AF-09 Bresnan Communications, LLC WLY-563 20130308AG-09 Bresnan Communications, LLC WLY-838 20130308AH-09 Bresnan Communications, LLC WLY-839 20130308AI-09 Bresnan Communications, LLC WLY-914 C. PARTS 27, 90 AND 101- MISCELLANEOUS WIRELESS COMUNICATIONS, PRIVATE LAND MOBILE AND COMMON CARRIER POINT-TO-POINT FIXED MICROWAVE LICENSES File No. Authorization Holder Lead Call Sign 0005656348 Bresnan Communications, LLC WNKK403 Pursuant to Section 1.103 of the Commission’s rules,11 the consent granted herein is effective upon release of this Public Notice. By this approval, the parties are authorized to consummate the transaction described in their applications.12 Pursuant to Sections 1.106(f) and 1.115(d) of the Commission’s rules, petitions for reconsideration and applications for review may be filed within 30 days of the release of this Public Notice.13 For further information, please contact Johanna Thomas at (202) 418-7551, Johanna.Thomas@fcc.gov, or Marcia Glauberman at (202) 418-7046, Marcia.Glauberman@fcc.gov. Press inquiries should be directed to Janice Wise at (202) 418-8165 or Janice.Wise@fcc.gov. -FCC- 11 47 C.F.R. § 1.103. 12 The transferee must notify the Commission no later than 30 days after consummation of the proposed transfer of control of the international Section 214 authorizations. 47 C.F.R. § 63.24(e)(4). For the Cable Television Relay Service licenses, Applicants are required to consummate the transaction within 60 days of the public notice of the approval of the applications and the transferee must provide notice to the Commission within 30 days after actual consummation. 47 C.F.R. § 78.35(e). With respect to the Wireless Radio Services licenses, the Applicants are required to consummate the transaction within 180 days of public notice of approval the applications and the transferee is required to provide notification to the Commission within 30 days after actual consummation. 47 C.F.R. § 1.948(d). 13 47 C.F.R. §§ 1.106(f), 1.115(d). See also 47 C.F.R. §§ 1.106(b)(1), 1.115(a). 3


Document Created: 2013-05-14 13:04:55
Document Modified: 2013-05-14 13:04:55
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