Attachment Tricom USA, Inc. - C

Tricom USA, Inc. - C

CONSUMMATION submitted by Tricom USA, Inc., Debtor-in-Possession

2010-05-07

This document pretains to CON-SMT-20100507-00037 for End of the Consummation Notice Number (CON-SMT) on a Notice of Consummation filing.

IBFS_CONSMT2010050700037_815221

THOMPSON ATLANTA CINCINNAT COLUMBUS NEW YORK INE BRUSSELS CLEVELAND DAYTON WASHINGTON. D.C. mnssummmmmmeememine: July 19, 2010 Filed via ECFS and IBFS Ms. Marlene Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 RE: Joint International and Domestic Section 214 Applications Filed and Granted for the Assignment of Authorizations from Tricom USA, Inc. Debtor—in—Possession to Tricom USA, Inc., WC Docket No.10—16; IB Dockets: ITC—ASG—20091223—00543 and SCL—ASG—20091223—00040: Consummation Notice — UPDATED VERSION Dear Ms. Dortch: On May 7, 2010, Tricom USA, Inc. filed a consummation notice in the above—referenced dockets. This updated version is submitted to clarify the place of incorporation of a pro forma transferee, and to avoid any confusion. A typographical error is also corrected. The clarifying information appears in italicized bold type. On behalf of Tricom USA, Inc., this updated, corrected consummation notice is filed pursuant to Section 63.24(e)(4) of the Commission‘s Rules and Tricom USA, Inc.‘s commitments in the above— referenced applications to notify the Commission of the consummation of the transactions involving the assignment of international and domestic authorizations resulting from a plan of reorganization under the bankruptcy laws, and as described in the above—referenced applications. This updated consummation notice is also submitted pursuant to Sections 1.65 and 63.21(a) of the Commission‘s Rules. Specifically, the effective date of the Plan of Reorganization for parent Tricom, S.A. and its Affiliated Debtors, including authorized carrier Tricom USA, Inc., occurred on April 7, 2010. In accordance with Section 63.24(e)(4), the file numbers of the initial authorizations of the authorized carriers are as follows: ' FCC Section 214 International Authorizations: ITC—214—19930101—00257 (Old File No. ITC—93—246) ITC—214—19960925—00468 (Old File No. ITC—96—532) ITC—214—19970421—00220 (Old File No. ITC—97—221) ITC—214—19980430—00286 (Old File No. ITC—98—342, ITC—98—342A) ITC—214—19990325—00153 ITC—MOD—19970618—00335 (Old File No. ITC—96—532—M) THOMPSON HINE uur 1920 N Street, NW. www.ThompsonHine.com ATTORNEYS AT Law Washington, D.C. 20036—1600 Phone 202.331.8800 Fax 202.331.8330

THompson HINE Ms. Marlene Dortch July 19, 2010 All authorizations were, prior to the consummation ofthis restructuring, previously held by Tricom USA, Inc. Debtor—in—Possession‘ and are now assigned (following Commission consent) to reorganized Tricom USA, Inc. (also referred to in the referenced assignment applications as "New Tricom USA"). The file numbers of the applications for assignment granted by the Commission and that have been consummated as notified herein are: WC Docket No. 10—16; IB Dockets: ITC—ASG—20091223— 00543; SCL—ASG—20091223—00040. In accordance with Tricom USA, Inc.‘s commitment in the referenced applications to provide the Commission with information concerning the then—current equity ownership percentages held by each ten (10) percent or greater holder of interests in Hispaniola Telecom Holdings, Ltd., the holding company directly holding at least 97 percent of the ownership interests of reorganized Tricom, S.A., the ultimate parent company of Tricom USA, Inc., the following disclosure is provided: As set forth in the above—referenced assignment applications, the exact indirect ownership of reorganized Tricom USA, Inc. was not to be known until after the reissuance of stock pursuant to Tricom, S.A.‘s plan of reorganization, and was expected to take several months to determine. Tricom USA, Inc. provided in its above—referenced assignment applications a list of entities that could hold a direct or indirect 10 percent or greater equity interest in Tricom USA, Inc. post—reorganization. Tricom USA, Inc. committed to notify the Commission to the extent there were any material changes to the information set forth in its applications as a result of the stock reissuance process. Tricom USA, Inc. determined that, as of the date of the consummation of the assignment of the above—referenced authorizations from Tricom USA, Inc. Debtor—in—Possession to reorganized Tricom USA, Inc. (i.e., April 7, 2010), the following entities held greater than 10% equity interests in Hispaniola Telecom Holdings, Ltd. (equity and voting interests are the same):" AMZAK Capital Management, LLC ("AMZAK") and its subsidiary, Broadband Investments Limited ("Broadband") 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Citizenship: United States (AMZAK); Broadband Investments Limited is a limited liability company organized under the laws of Barbados. I Tricom USA, Inc, Debtor—in—Possession previously notified the Commission of the proforma assignment of the Section 214 authorizations identified herein from Tricom USA, Inc. to Tricom USA, Inc. Debtor—in— Possession. Nee Notification of the Pro Forma Assignment of International Section 214 Authorizations from Tricom USA;, Inc. to Tricom USA, Inc. as Debtor—in—Possession, File No. ITC—ASG—20080327—00158 (filed Mar. 27, 2008). ? Percentages are based on 8,627,251 shares issued and outstanding on April 7, 2010, the effective date of the Plan of Reorganization. Up to an additional 1,672,749 shares are expected to be distributed to holders of unsecured financial claims as processing of claims is completed (for total expected issued and outstanding shares of up to 10,300,000 shares).

THompson HINE Ms. Marlene Dortch July 19, 2010 Principal Business: Investment Company Equity and Voting Ownership Interest Held: 4,934,146 shares, representing approximately 57.2% of the issued and outstanding shares* MAP Private Trust Company ("MAP") c/o CIBC Bank & Trust Company (Cayman) Limited P.O. Box 694GT CIBC Financial Centre, 11 Dr. Roy‘s Dr. George Town, Grand Cayman KY1—1107 Cayman Islands Citizenship; Cayman Islands Principal Business: Trust Equity and Voting Ownership Interest Held: 1,643,185 shares, representing approximately 19.0% of the issued and outstanding shares {(MAP, as disclosed in the referenced applications, is believed to be a trust established for the benefit of Mr. Pellerano and certain members of his family, all of whom are Dominican Republic citizens. MAP held its interest in Hispaniola Telecom Holdings, Ltd. indirectly through various companies, including the Ellis interest, below.) Ellis Portafolio, S.A. ("Ellis") 200 S. Biscayne Blvd., Suite 4900 Miami, FL 33131 Citizenship; British Virgin Islands Principal Business: Investment Bank Equity and Voting Ownership Interest Held: 1,074,533 shares, representing approximately 12.5% of the issued and outstanding shares Each of AMZAK, Ellis, and MAP were disclosed to the Commission in the referenced assignment applications. On or after April 7, 2010, AMZAK transferred its interest in Hispaniola Telecom Holdings, Ltd. to its subsidiary, Broadband. On April 15, 2010, the Ellis and MAP interests in Hispaniola Telecom Holdings, Ltd. were transferred to Broadband. On or about June 7, 2010, Broadband transferred a portion of its ownership interest in Hispaniola Telecom Holdings, Ltd. to PTY Capital Partners Ltd. ("PTY Capital Partners"), a British Virgin Islands company. As a result of these transactions, Broadband now holds a 55.9 percent ownership interest in Hispaniola Telecom Holdings, Ltd. and PTY Capital Partners now holds a 20.5 percent ownership interest in Hispaniola Telecom Holdings, Ltd. In addition, Tricom USA, Inc. indicated it would notify the Commission to the extent there were changes to the list of interlocking directorates following the consummation of the reorganization. All of the Tricom USA, Inc. Debtor—in—Possession Directors who were indicated as having interlocking directorates with foreign carrier Tricom, S.A. have changed. The following lists those Tricom USA, Inc. new directors having interlocking directorates with foreign carrier Tricom, S.A.: > Tricom USA, Inc. is submitting simultaneously herewith transfer of control applications and requests for special temporary authority seeking the Commission‘s consent for the increase in AMZAK‘s ownership interest above 50%.

THompson HINE Ms. Marlene Dortch July 19, 2010 Tricom USA, Inc. Directors Post—Reorganization Position with Tricom S.A. Michael David Kazma,* President and Director President and Director Miguel Heras, Director Vice President and Director Scott Haxton Fischer, Director, Vice President Secretary and Director — and Treasurer The following lists those AMZAK directors having interlocking directorates with foreign carrier Tricom, S.A.: AMZAK Directors Position with Tricom S.A. Michael David Kazma, President and Director President and Director The following lists those Broadband directors having interlocking directorates with foreign carrier Tricom, S.A.: Broadband Directors Position with Tricom S.A. Michael David Kazma, President and Director President and Director The following lists those PTY Capital Partners directors having interlocking directorates with foreign carrier Tricom, S.A.: PTY Capital Partners Directors Position with Tricom S.A. Miguel Heras, Director Vice President and Director Please do not hesitate to contact the undersigned if you have any questions regarding the foregoing. Respectfully submitted, WW Michelle W. Cohen Thompson Hine LLP 1920 N Street, NW. Suite 800 Washington, DC 20036 (202) 263—4151 Spelling of name corrected from original consummation notice.


Document Created: 2019-04-07 17:50:09
Document Modified: 2019-04-07 17:50:09
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