Source: FCC 214 Approval
On June 15, 2011, TVC Albany, Inc., Tech Valley Holdings, LLC, and segTEL, Inc. filed an application pursuant to section 63.03 of the Commission’s rules to transfer control of segTEL to TVC and Holdings.
On June 28, 2011, the Commission released a public notice accepting the application for streamlined processing. On July 11, 2011, the Department of Justice, including the Federal Bureau of Investigation, with the concurrence of the Department of Homeland Security (collectively, the Executive Branch Agencies), filed a letter requesting that the Commission defer action on this application while they review potential national security, law enforcement, and public safety issues. In response to the request, the Wireline Competition Bureau removed the application from streamlined review. On September 21, 2011, the Executive Branch Agencies withdrew their request to defer action, stating that they have no objection to the application.
The Wireline Competition Bureau finds, upon consideration of the record, that grant of the application will serve the public interest, convenience, and necessity. Upon consummation of the transaction, the resulting entity will have a market share in the U.S. interstate interexchange market of less than 10 percent and will provide competitive telephone exchange services or exchange access services (if at all) exclusively in geographic areas served by a dominant local exchange carrier that is not a party to the transaction. In addition, the Applicants are not dominant with respect to any domestic service.