-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GipIPgWWWirHRbL9Uk3zEx4DOLK94HbumXoT6wxN17u8CbO5Y4oU1c1e7XilE6mM 8WMPrJmfOgW12egIw2gdnw== 0000808461-08-000057.txt : 20080527 0000808461-08-000057.hdr.sgml : 20080526 20080523181849 ACCESSION NUMBER: 0000808461-08-000057 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080520 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080527 DATE AS OF CHANGE: 20080523 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GENERAL COMMUNICATION INC CENTRAL INDEX KEY: 0000808461 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 920072737 STATE OF INCORPORATION: AK FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15279 FILM NUMBER: 08859169 BUSINESS ADDRESS: STREET 1: 2550 DENALI ST STE 1000 CITY: ANCHORAGE STATE: AK ZIP: 99503 BUSINESS PHONE: 9072655600 MAIL ADDRESS: STREET 1: 2550 DENALI STREET STREET 2: SUITE 1000 CITY: ANCHORAGE STATE: AK ZIP: 99503 8-K 1 gciform8k052308.htm GENERAL COMMUNICATION, INC. FORM 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(D) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

Date of report (Date of earliest event reported): May 20, 2008

 

General Communication, Inc.

(Exact name of registrant as specified in its charter)

 

 

State of Alaska

 

000-15279

 

92-0072737

(State or other jurisdiction of incorporation)

 

(Commission

File Number)

 

(I.R.S. Employer Identification No.)

 

 

2550 Denali Street, Suite 1000, Anchorage, Alaska

 

99503

(Address of principal executive offices)

 

(Zip Code)

 

 

Registrant’s telephone number, including area code: (907) 868-5600

 

 

NONE

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Item 3.01

Notice of Delisting or Failure to Satisfy Continued Listing Rule or Standard; Transfer of Listing

 

As previously disclosed, General Communication, Inc. (“GCI”) was unable to file its Form 10-Q with the Securities and Exchange Commission (“SEC”) for the period ended March 31, 2008. In accordance with Nasdaq’s rules, on May 20, 2008, GCI received a Nasdaq staff determination letter stating that GCI is not in compliance with Nasdaq Marketplace Rule 4310(c)(14) because it has not timely filed with Nasdaq its Quarterly Report on Form 10-Q for the quarter ended March 31, 2008.

 

The letter states that trading of GCI’s common stock would be suspended on May 29, 2008 and a Form 25-NSE filed with the SEC removing GCI’s securities from listing and registration on The Nasdaq Stock Market unless GCI requests a hearing before a Nasdaq Listing Qualifications Panel no later than 4:00 p.m. Eastern Time on May 27, 2008. GCI intends to appeal the determination and request a hearing before the Panel, which will automatically stay delisting of the company’s common stock pending the Panel’s review and determination.

 

A copy of GCI’s press release announcing the Staff Determination Letter and GCI’s intention to appeal the determination is attached to this Form 8-K as Exhibit 99.1.

 

Item 9.01

Financial Statements and Exhibits

 

(d)

Exhibits

 

Exhibit

Number

Description

99.1

Press release issued by General Communication, Inc. on May 23, 2008

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

GENERAL COMMUNICATION, INC.

(Registrant)

 

Date:

May 23, 2008.

 

 

By:          /s/ John M. Lowber 

 

Name:

John M. Lowber

 

Title:

Senior Vice President, Chief Financial Officer,

 

Secretary and Treasurer

 

(Principal Financial Officer)

 

 

 

 EX-99 2 exhibit991.htm EXHIBIT 99.1

Exhibit 99.1

May 23, 2008

 

John Lowber, (907) 868-5628; jlowber@gci.com Bruce Broquet, (907) 868-6660; bbroquet@gci.com David Morris, (907) 265-5396; dmorris@gci.com

GCI RECEIVES DELISTING NOTICE FROM NASDAQ

ANCHORAGE, AK -- General Communication, Inc. ("GCI") (Nasdaq: GNCMA) announced that it received a Staff Determination Letter from Nasdaq on May 20, 2008 indicating that GCI’s common stock is subject to delisting from The Nasdaq Stock Market. The letter stated that GCI is not in compliance with Nasdaq Marketplace Rule 4310(c)(14), which requires the company to file all required reports with the Securities and Exchange Commission within the required time periods, because GCI has not timely filed with Nasdaq its Quarterly Report on Form 10-Q for the period ended March 31, 2008 (the "Form 10-Q").

 

GCI will appeal the determination and request a hearing before a Nasdaq Listing Qualifications Panel (the “Panel”), which will automatically stay delisting of the company’s common stock pending the Panel’s review and determination.

 

As previously announced, GCI was unable to file its Form 10-Q by the prescribed due date because it is currently assessing the impact of an error in calculating depreciation in the initial year an asset is placed in service, and for capitalizing interest on certain assets. GCI is currently engaged in resolving this error and preparing the financial statements and disclosures for the Form 10-Q.

 

GCI is the largest Alaska-based and operated integrated telecommunications provider. A pioneer in bundled services, GCI provides local, wireless, and long distance telephone, cable television, Internet and data communication services. More information about the company can be found at www.gci.com.

 

 

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