FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,972
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
Applications Filed for the Transfer of Control of ) WC Docket No. 08-238
Embarq Corporation to CenturyTel, Inc. )
ORDER ON RECONSIDERATION
Adopted: February 21, 2012 Released: February 21, 2012
By the Chief, Wireline Competition Bureau
i. INTRODUCTION
1. In this Order on Reconsideration, we address a Joint Petition for Reconsideration or
Clarification (Joint Petition) filed by the New Jersey Division of Rate Counsel (Rate Counsel) and the
National Association of State Utility Consumer Advocates (NASUCA) (together, State Advocates) on July
27, 2009.' In the Joint Petition, State Advocates request that the Commission modify or clarify the merger
conditions adopted in the Embarq/Century Tel Order" approving the merger of Embarq Corporation
(Embarq) and CenturyTel, Inc. (CenturyTel) (together, Applicants or CenturyLink). For the reasons stated
below, we dismiss the Joint Petition on procedural grounds and, in the alternative, deny the Joint Petition
on the merits.
II. DISCUSSION
2. In the Embarq/CenturyTel Order, the Commission granted the application for the merger of
Embarq and CenturyLink, subject to specific conditions. The Commission found that these conditions
were necessary to protect the public interest. Therefore, the Commission conditionally granted the
application, subject to the Applicants' compliance with various voluntary commitments offered by the
Applicants.4 These conditions included, inter alia. a general commitment by CenturyTel and Embarq to
maintain service levels for the Embarq operating companies that are comparable to those that Embarq
'Applications Filed for the Transfer of Control of Embharq Corporation to CenturyTel. Inc., Joint Petition for
Reconsideration or Clarification by New Jersey Division of Rate Counsel and the National Association of State
Utility Consumer Advocates. WC Docket No. 08-238 (filed July 27. 2009) (Joint Petition).
2 See Applications Filed for the Transfer of Control of Embarq Corporation to CenturyTel, Inc., WC Docket 08-238.
Memorandum Opinion and Order. 24 FCC Red 8741. App. C (2009) (Embarq/Centurv Tel Order). The combined
entity., CenturyLink. along with Qwest Communications International Inc. (Qwest), tiled an application, and
ultimately gained Commission approval, lfor the transfer of control of Qwest to CenturyLink. See also applicationss
Filed hby, Qwest Communications international Inc. and Centurvel, Ihc D B'A Century'Link for Consent to Transfer
Control, WC Docket 10-110, Memorandum Opinion and Order. 26 FCC Red 4194 (2011).
SSee id at 8755. para. 33.
4 See id. at App. C.1972
Federal Communications Commission
DA 12-252
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/113/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.