Attachment Attachment 1

This document pretains to ITC-T/C-INTR2019-00509 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTCINTR201900509_1631468

                                           Before the
                               FEDERAL COMMUNICATIONS COMMISSION
                                     Washington, D.C. 20554


In the Matter of the Joint Application of
                                                     )
Reserve Communications and Computer                  )
Corporation                                          )
                                                     )
and                                                  )
                                                     )    WC Docket No. 19-____
EATELCORP, L.L.C.                                    )
                                                     )    IB File Nos. ITC-T/C-2019-_______
for Authority Pursuant to Section 214 of the         )
Communications Act of 1934, as amended,              )
to Transfer Control of Domestic and                  )
International Section 214 Authorization Holder       )
EATELCORP, L.L.C. to Reserve                         )
Communications and Computer Corporation              )


                                     JOINT APPLICATION

           Pursuant to Section 214 of the Communications Act of 1934, as amended (“the Act”),1

and Sections 63.03, 63.04, 63.18 and 63.24 of the Commission’s rules,2 Reserve

Communications and Computer Corporation (“Reserve”) and EATELCORP, L.L.C. (“EATEL”)

(collectively, the “Applicants”) request Commission consent to the transfer of control of EATEL

from its current member-owners to Reserve, by merger, as described more fully below.

           This transaction, which will be accomplished at the holding company level, will have no

impact on the day-to-day operations of any entity providing service pursuant to FCC

authorization. Following the consummation of the planned merger transaction, all of EATEL’s

domestic and international Section 214 authorizations (listed below) will continue to be held by




       1
             47 U.S.C. §214.
       2
             47 C.F.R. §§63.03, 63.04, 63.18 and 63.24.


                                              Reserve Communications and Computer Corporation
                                                                          EATELCORP, L.L.C.
                                                                        Section 214 Application

EATEL, and there will be no interruption or change to any services offered by EATEL pursuant

to FCC authorization.

       The Applicants are parent companies of incumbent independent local exchange carriers

(“ILECs”) (as defined in Section 64.1902 of the Commission’s rules)3 that have, in combination,

fewer than two percent of the nation's subscriber lines installed in the aggregate, nationwide, and

have no overlapping or adjacent ILEC service areas. Therefore, this application presumptively

qualifies for streamlined treatment pursuant to Section 63.03(b)(2)(iii) of the Commission’s

rules.4 Further, this application qualifies for streamlined processing under Section 63.12(a) and (b)

of the Commission’s rules, as it implicates none of the factors listed in Section 63.12(c) of the

Commission’s rules.5 Streamlined processing therefore is requested.

       In support of this Application, Applicants provide the following information:

I.     DESCRIPTION OF THE APPLICANTS

       A. Transferee – Reserve Communications and Computer Corporation

       Reserve is a privately-held Louisiana limited liability company with principal offices at

105 RTC Drive, Reserve, Louisiana. Reserve is a wholly-owned subsidiary of RTC Interco,

L.L.C., which in turn is wholly-owned by RTC Holdings, L.L.C. (“RTC Holdings”). All

individuals and entities holding ten percent or more of the equity or voting equity of RTC

Holdings are disclosed in Section IV.h., below. A diagram depicting the corporate structure of

Reserve is provided in Exhibit A.

       Reserve, together with its various operating subsidiaries (the “Reserve Companies”),

which include both rural ILECs and competitive local exchange carriers (“CLECs”), provide a


       3
           47 C.F.R. §64.1902.
       4
           47 C.F.R. §63.03(b)(2)(iii)
       5
           47 C.F.R. §§63.12(a)-(c).

                                                   2


                                            Reserve Communications and Computer Corporation
                                                                        EATELCORP, L.L.C.
                                                                      Section 214 Application

variety of telecommunications services, including local exchange telecommunications services

and high-speed broadband Internet access services, to approximately 5,358 residential and

business local exchange customers in portions of the Louisiana parishes of Lafourche, St. James,

and St. John the Baptist.

       Reserve Companies provide U.S. domestic interexchange voice service to about 5,244

subscribers. As set forth more fully in Section V, below, the combined interexchange (“IX”)

market share of the Applicants will be well below ten percent of the total interstate IX market.6

       B. Transferor – EATELCORP, L.L.C.

       EATEL is a privately-held Louisiana limited liability company with principal offices at

913 S. Burnside Avenue, Gonzales, Louisiana. All individuals and entities holding ten percent

or more of the equity or voting equity of EATEL are disclosed in Section IV.h., below.

       A diagram depicting the corporate structure of EATEL is provided in Exhibit B.

EATEL, together with its various operating subsidiaries (the “EATEL Companies”) which

include both rural ILECs and competitive local exchange carriers (“CLECs”), provide a variety

of telecommunications services, including local exchange telecommunications services,

interexchange service, and high-speed broadband Internet access services, to approximately

14,338 residential and business local exchange customers (13,530 ILEC customers and 808

CLEC customers) in several communities in southeast Louisiana, including portions of the

parishes of Ascension, Jefferson, Lafourche, and Livingston. EATEL operates a state-of-the-art,

fiber-based communications network and the only Uptime Institute Certified Tier III data center

in Louisiana.


       6
            Although not relevant to this application, Reserve Long Distance Company, Inc. also
serves as cable television franchisee in the Louisiana parishes of Lafourche St, James, and St.
John the Baptist. One Reserve affiliate, Columbia Cellular, Inc., is a commercial mobile radio
service licensee for market CMA461 (RSA Louisiana 8,) channel block B, St. James parish.

                                                 3


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

       EATEL Companies provide U.S. domestic interexchange voice service to about 17,507

subscribers both within and outside the EATEL local exchange territories. As set forth more

fully in Section V, below, the combined IX market share of the Applicants will be well below

ten percent of the total interstate IX market.7 A list of affected Section 214 authorizations is

provided in Section IV.d., below.

II.    DESCRIPTION OF THE TRANSACTION (RESPONSE TO QUESTION 13)

       On December 18, 2018, EATEL, Reserve, and RTC MergeCo L.L.C., a wholly-owned

subsidiary of Reserve (“MergeCo”),8 entered into an Agreement and Plan of Merger (the

“Merger Agreement”). Pursuant to the Merger Agreement, Reserve will acquire all of the

outstanding equity interests in EATEL from its current owner-members in exchange for cash.

This will be accomplished through a merger of MergeCo with and into EATEL, whereupon the

separate existence of MergeCo will cease and EATEL will be the surviving corporation, and

EATEL will be wholly-owned by Reserve. The combined companies will be headquartered in

Gonzales, Louisiana.

       The parties intend to close as soon as all necessary regulatory approvals are granted, as

soon as mid-March but no later than May 1, 2019. After the Transaction closes, the current

management of EATEL will serve in leadership roles of the combined company, and Reserve

will continue to be privately held. The Transaction will not effect any change in ownership of

Reserve. (All individuals and entities holding ten percent or more of the equity or voting equity

of the combined company upon closing are disclosed in Section IV.h., below.)



       7
            Although not relevant to this application, EATEL Companies also serve as cable
television franchisees in a number of communities in southeast Louisiana, including Baton
Rouge, Thibodaux and portions of Ascension, Iberville, Lafourche and Livingston parishes.
        8
            MergeCo is a Louisiana limited liability company formed for the purposes of this
transaction.

                                                  4


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

       Diagrams depicting the pre-merger and post-merger corporate structures of EATEL and

Reserve are provided in Exhibits A and B.

III.   PUBLIC INTEREST CONSIDERATIONS

       The proposed transaction will serve the public interest, convenience and necessity. The

Applicants, through their respective operating subsidiaries, serve neighboring rural markets in

southeastern Louisiana but have no overlapping or adjacent ILEC service areas (and de minimis

adjacent and overlapping CLEC service areas), with a combined share of the interstate IX market

well below ten percent, all as explained in further detail below. Several other, far larger carriers

provide local exchange and exchange access, IX, broadband, and other services in the same

region, including BellSouth/AT&T, CenturyLink, Charter, Cox, and Uniti, each with more

substantial service footprints than either of the Applicants. Thus, the proposed transaction will

not be detrimental to competition in any respect.

       The merger will enhance the ability of each company to efficiently serve customers and

invest in advanced communications infrastructure by uniting two very small telecommunications

service providers that are uniquely focused on serving the citizens of rural southeastern

Louisiana.

       Reserve is managerially, technically, and financially qualified to complete the proposed

transaction. Reserve has provided telecommunications services in rural Louisiana since 1935.

Reserve’s management has significant experience operating ILECs in rural Louisiana, and

Reserve has successfully deployed innovative broadband and video services to such markets,

while running a financially sound company with the ability to invest and maintain the network.

Moreover, Reserve’s management intends to work closely with senior members of the EATEL

management team, who will remain with the company following the merger, and the parties have

no intention to reduce staff in either company. The Applicants therefore will have the

                                                  5


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

managerial, technical and financial qualifications to continue providing high-quality

telecommunications and information services to residential and business customers in southeast

Louisiana and the surrounding area following the merger.

       The Applicants expect that, following the merger, they will be in a stronger financial and

operational position, with the greater scale and scope of a combined company, that will improve

their ability to invest in infrastructure, deploy advanced services, and compete in the rapidly

evolving communications market.

       Following the consummation of the transaction, no changes to the rates, terms or

conditions of existing services are planned. The transaction will be transparent to EATEL

customers, not resulting in the discontinuance or impairment of service to any customer.

       For the foregoing reasons, the transaction poses no harm to the public interest but will

bring about benefits to residential and business customers in Louisiana.



IV.   INFORMATION REQUIRED BY SECTION 63.24(e) OF THE COMMISSION’S RULES

       Pursuant to Section 63.24(e)(2) of the Commission’s Rules, the Applicants submit the

following information requested in Section 63.18 (a)-(d) and (h)-(p) in support of this

Application:


       (a)     Name, address and telephone number of each Applicant:

                       Transferee:

                       William Ironside, President
                       Reserve Communications and Computer Corporation
                       105 RTC Dr
                       Reserve, LA 70084




                                                 6


                                          Reserve Communications and Computer Corporation
                                                                      EATELCORP, L.L.C.
                                                                    Section 214 Application

              Transferor:

                     John Scanlan, Chief Executive Officer
                     EATELCORP, L.L.C.
                     913 S. Burnside Avenue
                     Gonzales, LA 70737-4258


       (b)    Jurisdiction of Organizations:

       Transferee: Reserve is a limited liability company formed under the laws of Louisiana.

       Transferor: EATEL is a limited liability company formed under the laws of Louisiana.

       (c)    (Answer to Question 10) Correspondence concerning this Application should
              be sent to:

                     For Transferee:

                     William Ironside, President
                     Reserve Communications and Computer Corporation
                     105 RTC Dr
                     Reserve, LA 70084

                     For Transferor:

                     John Scanlan, Chief Executive Officer
                     EATELCORP, L.L.C.
                     913 S. Burnside Avenue
                     Gonzales, LA 70737-4258

                     In each case with a copy to:

                     Karen Brinkmann
                     KAREN BRINKMANN PLLC
                     1800 M Street, NW
                     Suite 800-North
                     Washington, DC 20036

       (d) Section 214 Authorizations

       EATEL functions as a holding company and does not hold authority to provide

telecommunications services in its own right. The following wholly-owned subsidiaries of

EATEL (the “Domestic Carriers”) are authorized to provide domestic interstate


                                               7


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

telecommunications services (exchange access and interexchange services) by virtue of blanket

domestic Section 214 authority pursuant to Section 63.01 of the Commission’s rules:9


 Telecommunications Carrier                          Service
 Advanced Tel, LLC                                   Domestic Exchange Access &
                                                     Interexchange (“IX”) Services
 East Ascension Telephone Company, L.L.C.            Domestic Exchange Access Service
 Lafourche Telephone Company, L.L.C.                 Domestic Exchange Access Service
 TLX Communications, Inc.                            Domestic Exchange Access & IX Services


          The following wholly-owned subsidiaries of EATEL (the “International Carriers”) hold

international section 214 authorizations:


 Telecommunications Carrier           Service                    ITC No.

 Advanced Tel, LLC                    International Resale       ITC-214-19940131-00027

 SJI, L.L.C.                          International Resale       ITC-214-20020402-00156
                                                                 ITC-T/C-20110930-00308

 TLX Communications, Inc.             International Resale       ITC-95-475
                                                                 ITC-T/C-20001010-00578



          (h)    (Answer to Questions 11 & 12) The Domestic Carriers and International Carriers

all are, directly or indirectly, wholly-owned by EATEL. Exhibit B sets forth the complete

corporate structure of EATEL. The following entities (i) directly or indirectly, wholly own one

or more of the Domestic or International Carriers, (ii) are directly or indirectly, wholly-owned by

EATEL, and (iii) have the same principal place of business as EATEL:

                 EATEL Acquisition, L.L.C.



      9
           47 C.F.R. § 63.01.

                                                 8


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

       To EATEL’s knowledge, the only individuals or entities currently holding a 10% or

greater ownership interest in EATEL are:10



              Name:                 Arthur G. Scanlan II
              Address:              22239 Waterfront East Drive
                                    Maurepas, LA 70449
              Citizenship:          U.S.A.
              Principal Business:   Chairman of the Board
              % Interest:           10.10%



              Name:                 John D. Scanlan
              Address:              10440 Shadowlake Drive
                                    Geismar, LA 70734
              Citizenship:          U.S.A.
              Principal Business:   Chief Executive Officer
              % Interest:           10.10%



              Name:                 Beryl S. Smith
              Address:              P.O. Box 1709
                                    Prairieville, LA 70769
              Citizenship:          U.S.A.
              Principal Business:   Board Member
              % Interest:           10.10%



              Name:                 The 2012 BSS Trust
              Address:              913 S. Burnside Avenue
                                    Gonzales, LA 70737
              Citizenship:          U.S.A.
              Principal Business:   Trust
              % Interest:           17.13%




       10
           Unless otherwise indicated, the ownership interests provided herein represent both
equity and voting interests.

                                                9


                                           Reserve Communications and Computer Corporation
                                                                       EATELCORP, L.L.C.
                                                                     Section 214 Application

              Name:                 The 2003 AGSIII Trust
              Address:              913 S. Burnside Avenue
                                    Gonzales, LA 70737
              Citizenship:          U.S.A.
              Principal Business:   Trust
              % Interest:           10.35%



              Name:                 The 2003 DPS Trust
              Address:              913 S. Burnside Avenue
                                    Gonzales, LA 70737
              Citizenship:          U.S.A.
              Principal Business:   Trust
              % Interest:           17.68%


              Name:                 The 2003 JPS Trust
              Address:              913 S. Burnside Avenue
                                    Gonzales, LA 70737
              Citizenship:          U.S.A.
              Principal Business:   Trust
              % Interest:           10.35%



       Upon consummation of the proposed transaction, the following will have a 10 percent or

greater ownership interest in EATEL (see also Exhibit B):

              Name:                 Reserve Communications and Computer Corporation
              Address:              105 RTC Dr
                                    Reserve, LA 70084
              Citizenship:          Louisiana, U.S.A.
              Principal Business:   Holding Company
              % Interest:           100%

       As stated above, Reserve is wholly-owned by RTC Interco, L.L.C., which in turn is

wholly-owned by RTC Holdings. To Reserve’s knowledge, the only individuals or entities

currently holding a 10% or greater ownership interest in RTC Holdings are:11



       11
           Unless otherwise indicated, the ownership interests provided herein represent both
equity and voting interests.

                                              10


                                              Reserve Communications and Computer Corporation
                                                                          EATELCORP, L.L.C.
                                                                        Section 214 Application

                Name:                  Jennifer and Sean Reilly Family, LLC
                Address:               2987 Reymond Avenue
                                       Baton Rouge, La 70808
                Citizenship:           Louisiana, U.S.A.
                Principal Business:    Investment entity
                % Interest:            44.44%


                Name:                  Ninemile, L.L.C.
                Address:               5321 Corporate Blvd.
                                       Baton Rouge, La 70808
                Citizenship:           Louisiana, U.S.A.
                Principal Business:    Investment entity
                % Interest:            28.588%


                Name:                  Reilly Family Limited Partnership
                Address:               5321 Corporate Blvd.
                                       Baton Rouge, La 70808
                Citizenship:           Louisiana, U.S.A.
                Principal Business:    Investment partnership
                % Interest:            11.112%


       (i)      (Answer to Question 14) Transferee certifies that (a) it is not a foreign carrier

within the meaning of 63.09(d) of the Commission’s Rules and (b) it is not affiliated, within the

meaning of 63.09 of the Commission’s Rules, and will not become affiliated as a result of the

proposed transaction, with any foreign carriers.12

       (j)      (Answer to Question 15) Transferee does not seek to provide international

telecommunications services to any destination country where: (1) Transferee is a foreign carrier

in that country; (2) Transferee controls a foreign carrier in that country; (3) any entity that owns

more than 25 percent of Transferee, or that controls Transferee, controls a foreign carrier in that

country; or (4) two or more foreign carriers (or parties that control foreign carriers) own, in the

aggregate, more than 25 percent of Transferee and are parties to, or the beneficiaries of, a



       12
             47 C.F.R. §63.09(d).

                                                 11


                                               Reserve Communications and Computer Corporation
                                                                           EATELCORP, L.L.C.
                                                                         Section 214 Application

contractual relation affecting the provision or marketing of international basic

telecommunications services in the United States.

        (k)      Not applicable: Transferee is not a foreign carrier and is not affiliated with a

foreign carrier, and Transferee will not become affiliated with a foreign carrier as a result of the

proposed transaction.

        (m)      Not applicable: Transferee is not a foreign carrier and is not affiliated with a

foreign carrier, and Transferee will not become affiliated with a foreign carrier as a result of the

proposed transaction.

        (n)      Each of Transferee and the International Carriers certifies that it has not agreed to

accept any special concessions, directly or indirectly, from any foreign carrier with respect to any

U.S. international route where the foreign carrier possesses market power on the foreign end of

the route, and will not enter into any such agreements in the future.

        (o)      Each of Transferee and Transferor certifies that it is not subject to denial of

federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1998.13

        (p)      The Applicants request streamlined processing pursuant to Section 63.12(a)-(b) of

the Commission’s rules.14 This transaction qualifies for streamlined processing because Section

63.12(c)(1) of the Commission’s rules is inapplicable, as no Applicant is a foreign carrier or

affiliated with any foreign carrier, and none of the scenarios outlined in Section 63.12(c) applies.15




        13
              Certifications attached. See 21 U.S.C. § 853a; see also 47 C.F.R. §§ 1.2001-1.2003.
        14
              47 C.F.R. § 63.12(a)-(b).
        15
              See 47 C.F.R. § 63.12(c).

                                                   12


                                               Reserve Communications and Computer Corporation
                                                                           EATELCORP, L.L.C.
                                                                         Section 214 Application

V.     INFORMATION REQUIRED BY SECTION 63.04 OF THE COMMISSION’S RULES

       This application is presumptively entitled to streamlined processing pursuant to Section

63.03(b)(2)(iii).16 First, the proposed transaction would result in the transferee having a total

market share of less than ten percent in the interstate, interexchange (“IX”) market. Second, the

combined company would provide competitive telephone exchange services or exchange access

(“CLEC”) services exclusively in geographic areas served by a dominant local exchange carrier

that is not a party to the transaction. Third, the applicants are incumbent local exchange carriers

(“ILECs”) (as defined in Section 64.1902 of the Commission’s rules) that have, in combination,

fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide, and

no overlapping or adjacent ILEC service areas.

       Concerning the first criterion, the applicants’ combined IX customer base is

approximately 22,751 customers, substantially less than ten percent of the nationwide IX

market.17 The region is served by numerous other IX carriers, including wireline and wireless

facilities-based competitors much larger than either of the Applicants.

        Concerning the second criterion, the applicants provide CLEC services in areas

neighboring their own ILEC operations, exclusively in the ILEC service territory of

BellSouth/AT&T, which is a dominant local exchange carrier that is not a party to the

transaction.18 Moreover, the region served by the Applicants as CLECs also is served by other



       16
            See 47 C.F.R. §63.03(b)(2)(iii).
       17
            See id. According to the most recent available figures from the Commission’s
telephone subscribership report released in November 2018, the nationwide interexchange
service market includes approximately 22 million “consumer grade” long-distance customers and
32 million “business and government grade” long-distance customers. Voice Telephone Services
Report, Federal Communications Commission (Wireline Comp. Bur. rel. Nov. 2018), available
at: https://www.fcc.gov/voice-telephone-services-report.
        18
            See id.

                                                  13


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

fixed wireline competitors, such as CenturyLink, Comcast, Cox, and Uniti, as well as numerous

wireless competitors. Thus, there are no competitive concerns that might cause the Commission

to remove this transaction from streamlined processing.19

       Regarding the third criterion for presumptive streamlined processing: The Applicants are

parent companies of ILECs (as defined in Section 64.1902 of the Commission’s rules)20 that

have, in combination, fewer than two percent of the nation's subscriber lines installed in the

aggregate, nationwide, and have no overlapping or adjacent ILEC service areas.21

       Applicants note that, at two locations, the ILEC service areas of the Applicants are near

to one another but do not abut or overlap: on either side of a lake, and on opposite banks of a

river. Because no customer locations or territories that could be served by the ILECs actually

abut or overlap one another, due to the natural barriers established by these two bodies of water,

the Applicants meet the test for streamlined processing.

       In one location, the boundary between ILEC service areas in one location is Lake

Maurepas, where EATEL’s ILEC boundary follows the west bank of the lake, theoretically

extending into the center of the lake, and Reserve’s ILEC boundary follows the parish boundary

to the east of the lake, theoretically extending into lake as well. No services are (or could be)

provided by either ILEC in the center of the lake – there are no customers nor any land for

customers to be located in the lake. Because no service locations actually served by either ILEC

abuts any service territory actually served (or capable of being served) by the other, the ILEC


       19
             Though not necessary to qualify for streamlined processing, the applicants also note
that their respective CLEC service areas overlap with each other only to a de minimis extent,
merely 9.1 square miles (1.8 square miles near the Sunshine Bridge in St. James Parish,
Louisiana, and 7.3 square miles in Thibodaux, Louisiana) in which EATEL serves barely two
dozen customers. See Exhibit C.
        20
             47 C.F.R. §64.1902.
        21
             See 47 C.F.R. §63.03(b)(2)(iii).

                                                 14


                                              Reserve Communications and Computer Corporation
                                                                          EATELCORP, L.L.C.
                                                                        Section 214 Application

service areas are not adjacent (nor overlapping). The two are separated for all practical

purposes.22

       Similarly, the two applicants have neighboring ILEC service territories along a 1.4-mile

stretch of the Blind River, where it flows into Lake Maurepas. Each of Reserve and EATEL

provides ILEC service on its respective bank of the Blind River, but no service is provided (nor

could it be provided) in the river as there are no customers in the river. Therefore, the territories

served by EATEL and Reserve ILECs are not adjacent – no territory actual served by either

ILEC abuts territory actually served or capable of being served by the other. An illustration of

the service areas of both Applicants, showing these natural barriers between the ILECs’

respective service areas, is provided in Exhibit C.

       For the foregoing reasons, this application should presumptively qualify for streamlined

treatment pursuant to Section 63.03(b)(2)(iii) of the Commission’s rules.

       Applicants submit the following additional information in support of the application:

       (a) (6) A description of the proposed transaction is set forth in Section II, above.

       (a)(7) EATEL provides interstate and intrastate domestic telecommunications services in

portions of Ascension, Jefferson, Lafourche, and Livingston parishes in southeast Louisiana.

Reserve provides interstate and intrastate domestic telecommunications services in portions of

Lafourche, St. James, and St. John the Baptist parishes in Louisiana.

       To EATEL’s knowledge, no individuals or entities that hold a 10 percent or greater

ownership interest in EATEL either themselves hold any FCC authorizations to provide domestic




       22
            Neither carrier would have an economic incentive to extend lines across the lake into
the other’s service area. The lake forms a natural barrier to extension of service by either carrier.

                                                 15


                                             Reserve Communications and Computer Corporation
                                                                         EATELCORP, L.L.C.
                                                                       Section 214 Application

telecommunications services, or directly or indirectly own or control 10 percent or more of any

entity that holds any FCC authorizations to provide domestic telecommunications services.

       (a)(8) This application presumptively qualifies for streamlined treatment pursuant to

Section 63.03(b)(2)(iii) of the Commission’s rules.23 The Applicants are parent companies of

ILECs (as defined in Section 64.1902 of the Commission’s rules)24 that have, in combination,

fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide, and

have no overlapping or adjacent ILEC service areas, as described above. The combined

interstate, interexchange market share of the Applicants will be approximately 22,751 customers,

well below ten percent of the total interstate IX market as a result of this Transaction.25

       (a)(9) In addition to the Section 214 authorizations described herein, EATEL holds the

following authorizations and licenses from the Commission:

 Licensee                                          Authorization type
 East Ascension Telephone Company, L.L.C.          Business radio license
 EATEL Video, LLC                                  Satellite earth station registration (RO)
 EATEL Westside LLC                                Satellite earth station registration (RO)
 Vision Communications, LLC                        Satellite earth station registration (RO)


       (a)(10) No party is requesting special consideration on the grounds that it faces imminent

business failure. However, the Applicants plan to complete the proposed merger as soon as

regulatory approvals are granted, with a target date on or before May 1, 2019. Therefore,

Applicants respectfully request expedited processing of this application.

       (a)(11) Not applicable as the Applicants are not filing any waiver requests in connection

with the proposed transaction.


       23
            47 C.F.R. §63.03(b)(2)(iii).
       24
            47 C.F.R. §64.1902.
       25
            See supra, note 17.

                                                 16


                                            Reserve Communications and Computer Corporation
                                                                        EATELCORP, L.L.C.
                                                                      Section 214 Application

       (a)(12) A statement showing how grant of the application will serve the public interest,

convenience and necessity, is provided in Section III above.



VI. CONCLUSION

       For the foregoing reasons, the public interest, convenience and necessity will be served

by streamlined processing and expeditious grant of this application.

                                     Respectfully submitted,



                                     Karen Brinkmann
                                     Managing Member
                                     KAREN BRINKMANN PLLC
                                     1800 M Street, NW
                                     Washington, DC 20036

                                     Counsel for the Applicants

January 28, 2019




                                               17


           Reserve Communications and Computer Corporation
                                       EATELCORP, L.L.C.
                                     Section 214 Application
                                           January 28, 2019

              Exhibit A

Pre-Merger Organization of Transferor

         [all 100% ownership]




               RESERVE


              Reserve Communications and Computer Corporation
                                          EATELCORP, L.L.C.
                                        Section 214 Application
                                              January 28, 2019

              Exhibit B

Pre-Merger Organization of Transferee


          Reserve Communications and Computer Corporation
                                      EATELCORP, L.L.C.
                                    Section 214 Application
                                          January 28, 2019

 Post-Merger Organization

    [all 100% ownership]




RESERVE


       Reserve Communications and Computer Corporation
                                   EATELCORP, L.L.C.
                                 Section 214 Application
                                       January 28, 2019

       Exhibit C



Service Area Illustration


                                   Reserve Communications and Computer Corporation
                                                               EATELCORP, L.L.C.
                                                             Section 214 Application
                                                                   January 28, 2019

                             Exhibit C, continued



Service Area Detail – ILEC Study Areas Separated By Lake Maurepas & Blind River


                  Reserve Communications and Computer Corporation
                                              EATELCORP, L.L.C.
                                            Section 214 Application


         Certifications Required By
21 U.S.C. § 853a & 47 C.F.R. §§ 1.2001-1.2003

                 (Attached)


                                            Reserve Communications and Computer Corporation
                                                                        EATELCORP, L.L.C.
                                                                      Section 214 Application

                                      EATEL Verification

    I, John D. Scanlan, hereby declare that I am ChiefExecutive Officer ofEATELCORP,

L.L.C. (the "Transferor"); that I am authorized to make this Verification on behalfofthe

Transferor; that the foregoing application was prepared under my direction and supervision; and

that the contents with respect to the Transferor are true and complete to the best ofmy

knowledge, information and belief.

    This I declare under penalty ofperjury this 28th day ofJanuary 2019.
                                                           �
                                                          (   /

                                      hn D. Scanlan, ChiefExecutive Officer
                                     EATELCORP., L.L.C.


                                            Reserve Communications and Computer Corporation
                                                                        EATELCORP, L.L.C.
                                                                      Section 214 Application

                                      Reserve Verification

       I, William Ironside, hereby declare that I am President of Reserve Communications and

Computer Corporation (the "Transferee"); that I am authorized to make this Verification on

behalf of the Transferee; that the foregoing application was prepared under my direction and

supervision; and that the contents with respect to the Transferee are true and complete to the

best of my knowledge, information and belief.

       This I declare under penalty of perjury this 28th day of January, 2019.




                                       eserv Communications and Computer Corporation



Document Created: 2019-01-28 13:10:41
Document Modified: 2019-01-28 13:10:41

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC