Details for NOTICE TO THE PUBLIC OF THE JOINT PETITION OF LUMEN TECHNOLOGIES INC., EMBARQ CORPORATION, UNITED TELEPHONE SOUTHEST, LLC, ETC.

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NOTICE TO THE PUBLIC OF THE JOINT PETITION OF LUMEN TECHNOLOGIES INC., EMBARQ CORPORATION, UNITED TELEPHONE SOUTHEAST LLC d/b/a CENTURYLINK, CENTRAL TELEPHONE COMPANY OF VIRGINIA d/b/a/ CENTURYLINK, CENTURYTEL BROADBAND SERVICES, LLC, and CONNECT HOLDING, LLC, FOR APPROVAL OF TRANSFER OF CONTROL CASE NO. PUR-2021-00246 On November 3, 2021, Lumen Technologies Inc. ("Lumen"), Embarq Corporation, United Telephone Southeast LLC ("United Telephone") d/b/a CenturyLink, Central Telephone Company of Virginia ("Central Telephone") d/b/a CenturyLink, CenturyTel Broadband Services, LLC ("CTBS"), and Connect Holding, LLC ("Connect Holding"), (collectively, "Petitioners") completed the filing of a joint petition ("Petition") with the State Corporation Commission ("Commission") pursuant to Chapter 5 of Title 56 of the Code of Virginia ("Code") requesting Commission approval, to the extent required, to complete the intra-company and reorganization transactions necessary for Lumen to transfer control ("Transfer") of United Telephone, Central Telephone, and CTBS, to Connect Holding, an affiliate of Apollo Global Management, Inc., and its subsidiaries ("Apollo"). In support of the Petition, the Petitioners state that Lumen currently provides broadband and other communications services to residential and enterprise customers, including incumbent local exchange carrier ("ILEC") services, through its operating subsidiaries in 37 states. Petitioners further represent that under the terms of an agreement between Lumen and Apollo, Apollo will acquire all of Lumen's ILEC subsidiaries in 20 of these states, including United Telephone and Central Telephone (jointly, "CenturyLink ILECs") in Virginia. The Petitioners state that as a result of the proposed Transfer, Apollo will also assume all obligations and funding associated with the eligible telecommunications carrier ("ETC") designations of the CenturyLink ILECs. Petitioners further state Apollo will also acquire CTBS, which filed an application with the Commission on October 1, 2021, seeking certificates of public convenience and necessity to provide competitive local exchange telecommunications services on a statewide basis and to provide interexchange telecommunications services to the customers of the CenturyLink ILECs. The Petitioners state that the proposed Transfer is expected to occur by July 2022, contingent upon the satisfaction or waiver of other customary closing conditions and regulatory approvals. The Petitioners also state that the Transfer described in the Petition satisfies the statutory requirements of the Utility Transfers Act and that approval is in the public interest. The Petitioners represent that Apollo possesses the requisite financial and managerial fitness and the technical resources to render local exchange telecommunications services and, therefore, the Commission should approve the proposed Transfer. The Commission entered an Order for Notice and Hearing that, among other things, scheduled public hearings on the Petition. On February 23, 2022, at 10 a.m., a Hearing Examiner appointed by the Commission will hold a telephonic hearing for the purpose of receiving the testimony of public witnesses, with no public witness present in the Commission's courtroom. On or before February 16, 2022, any person desiring to offer testimony as a public witness shall provide to the Commission (a) your name, and (b) the telephone number that you wish the Commission to call during the hearing to receive your testimony. This information may be provided to the Commission in three ways: (i) by filling out a form on the Commission's website at see.Virginia.gov/pages/Webcasting; (ii) by completing and emailing the PDF version of this form to SCCInfo@scc.virginia.gov; or (iii) by calling (804) 371-9141. This public witness hearing will be webcast at see.Virginia.gov/pages/Webcasting. On February 24, 2022, at 10 a.m., either in the Commission's second floor courtroom located in the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, or by electronic means, a Hearing Examiner appointed by the Commission will convene a hearing to receive testimony and evidence offered by the Petitioners, any respondents, and the Commission's Staff on the Petition. Further details on this hearing will be provided by subsequent Commission Order or Hearing Examiner's Ruling. The Commission has taken judicial notice of the ongoing public health issues related to the spread of the coronavirus, or COVID-19. In accordance therewith, all pleadings, briefs, or other documents required to be served in this matter shall be submitted electronically to the extent authorized by 5 VAC 5-20-150, Copies and format, of the Rules of Practice. Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and should comply with 5 VAC 5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk's Office Document Control Center at (804) 371-9838 to arrange the delivery. Pursuant to 5 VAC 5-20-140, Filing and service, of the Commission's Rules of Practice, the Commission has directed that service on parties and the Commission's Staff in this matter shall be accomplished by electronic means. Please refer to the Commission's Order for Notice and Hearing for further instructions concerning Confidential or Extraordinarily Sensitive Information. An electronic copy of the Petition may be obtained by submitting a written request to counsel for the Petitioners, Eric M. Page, Esquire, and Cody T. Murphey, Esquire, Eckert Seamans Cherin & Mellot, LLC, 919 East Main Street, Suite 1300, Richmond, Virginia 23219, epage@eckertseamans.com and cmurphey@eckertseamans.com. On or before February 17, 2022, any interested person may submit comments on the Petition electronically by following the instructions on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable, as a practical matter, to submit comments electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All comments shall refer to Case No. PUR-2021-00246. On or before January 5, 2022, any person or entity wishing to participate as a respondent in this proceeding may do so by filing a notice of participation with the Clerk of the Commission at: scc.virginia.gov/clk/efiling. Those unable, as a practical matter, to file a notice of participation electronically may file such notice by U.S. mail to the Clerk of the Commission at the address listed above. Such notice of participation shall include the email addresses of such parties or their counsel, if available. A copy of the notice of participation as a respondent also must be sent to counsel for the Petitioners. Pursuant to 5 VAC 5-20-80 B, Participation as a respondent, of the Rules of Practice, any notice of participation shall set forth: (i) a precise statement of the interest of the respondent; (ii) a statement of the specific action sought to the extent then known; and (iii) the factual and legal basis for the action. Any organization, corporation, or government body participating as a respondent must be represented by counsel as required by 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2021-00246. Any documents filed in paper form with the Office of the Clerk of the Commission in this docket may use both sides of the paper. In all other respects, except as modified by the Commission's Order for Notice and Hearing, all filings shall comply fully with the requirements of 5 VAC 5-20-150, Copies and format, of the Commission's Rules of Practice. The Petition and other documents filed in this case, the Commission's Rules of Practice, and the Commission's Order for Notice and Hearing may be viewed at: scc.virginia.gov/pages/Case-Information. LUMEN TECHNOLOGIES INC., EMBARQ CORPORATION, UNITED TELEPHONE SOUTHEAST LLC d/b/a CENTURYLINK, CENTRAL TELEPHONE COMPANY OF VIRGINIA d/b/a/ CENTURYLINK. CENTURYTEL BROADBAND SERVICES, LLC, AND CONNECT HOLDING. LLC

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