Attachment 20170216113332-653.p

20170216113332-653.p

SUPPLEMENT

Supplement

2006-01-24

This document pretains to ITC-214-19990701-00441 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999070100441_1423345

SskappEenNn, ArRps, Scate, Meaoner & FLom LLP » ' 1440 NEW YORK AVENUE, N.W. FinM/aAFFILIATE orFices WASHINGTON, D.C. 20005—2111 ~ Ei. * Bostoni ieaco DiRECT Diat o Houston 202—37 1—7804 TEL: (202) 371—7000 Los AN\GOELKES NeEew yor pirect rax Fax: (202) 393—57€0 > uo ams 202—561—9042 C san FRaNCISCO Emait Acpress www.skadden.com ~—_ wilmington BWEIMER@SKADDEN.COM BEIJING BRUSSELS FRANKFURT HONG KONG LONDON . moscow . MUNICH January 24, 2006 paris SINGAPORE SYDNEY TOKYO TORONTO VIENNA BY HAND DELIVERY RECEIVED Ms. Marlene H. Dortch, Secretary Federal Communications Commission _ JAN 2. 4 2006 445 12th Street, S.W. al Federal Co ol ce 12"" Street Lobby, TW—A325 ts o;‘;;::g‘:g:c"gmmmmm Washington, DC 20554 Re: Birch Telecom, Inc., Notification ofPro Forma Assignment and Transfer of Control of International Section 214 Authorizations Dear Ms. Dortch: Pursuant to Section 214 of the Communications Act of 1934, as amended, and Section 63.24(d) and Section 63.24 (f) of the Commission‘s rules, Birch Telecom, Inc. ("Birch Telecorn"), by undersigned counsel, hereby notifies the Commission that the _ company and all of its subsidiaries filed voluntarypetitions for bankruptcy protection _ under Chapter 11 of the U.S. Bankruptcy Code on August 12, 2005. Accordingly, Birch Telecom now operates as Birch Telecom, Inc., Debtor—in—Possession ("Birch DIP") and _ eachof Birch Telecom‘s subsidiaries also has been accorded Debtor—in—Possession status.‘ Given that the bankruptcy filing did not result in a change in the ultimate ownership or control of Birch Telecom, however,the transaction resulted only in a proforma assignment and proforma transfer of control of the international Section 214 authorizations held by the relevant Birch Telecom subsidiaries." Attached hereto as Exhibit B is a certification that the assignment and transfer of control were.proforma and that, together with all previous proforma ! Attached hereto as Exhibit A is a list ofthe international Section 214 authorizations impacted by the Birch Telecom bankruptcy and the subsidiary to which each international Section 214 authorization has been issued. * Each international Section 214 authorization underwent a proforma assignment from the relevant subsidiary to that same subsidiary as Debtor—in—Possession. In addition, each subsidiary holding an international Section 214 authorization underwent an indirect proforma transfer of control from Birch Telecom to Birch DIP. The transfer of control is pro forma because the shareholders of Birch Telecom and Birch DIP are identical.

Ms. Marlene H. Dortch January 24, 2006 Page 2 transactions, did not result in a change in the actual controlling party. In addition, pursuant to Section 63.24(f)(2)(i) of the Commission‘s rules, Birch provides the following information: (a) Name, Address and Telephone Number of the Parties Transferor . Name: Birch Telecom, Inc. Address: 2300 Main Street, 6‘" Floor . ._ Kansas City, MO 64108 Telephone: (816) 300—3000 Transferee Name: Birch Telecom, Inc., Debtor—in—Possession Address: 2300 Main Street, 6‘ Floor Kansas City, MO 64108 Telephone: (816) 300—3000 | (b) State of Incorporation . ; Birch Telecom and Birch DIP are organized undér the laws of the state of Delaware. s | ' (c) Contact Information Correspondencé concerning this notice should be sent to: Gregory C. Lawhon Chief Executive Officer and General Counsel Birch Telecom, Inc. : 2300 Main Street, 6"" Floor Kansas City, MO 64108 (816) 300—3000 with a copy addressed to: Brian D. Weimer . Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Avenue, N.W. Washington, D.C. 20005—2111 (202) 371—7604 > Exhibit A lists the state of incorporation for each of the Birch Telecom subsidiaries that hold an international Section 214 authorization.

Ms. Marlene H. Dortch January 24, 2006 Page 3 (d) Description of International Facilities and Services Authorized as to the Transferee/Assignee The Birch Telecom subsidiaries hc lding International Section :214 authorizations have been authorized to provide failities—based and resale interns tional telecommunications services. (e) Shareholders Owning Ten Percent or V ore of Birch DIP‘s Equity and the Percentage of Equity Owned (to the Ne:irest One Percent) Each of the Birch DIP subsidiaries holding an international Secticn 214 authorization is either directly or indirectly owned and controlled by Birch DIP. There are no shareholders of Birch DIP own ing ten percent or more of the compan. If you have any questions concerning this submission, please contact the undersigned at (202) 371—7000. Sincerely, ; Brian D. Weimer Counsel to Birch DIP > ce: David Krech, Federal Communications Commission

Exhibit A BIRCH TELECOM International Section 214 Authorizations: 1. ITC—214—19990701—00441 a. Issuedto: Birch Telecorn of Missouri, Inc. (DE)V b. The following companies are parties to this 214: 1. Birch Telecom of Kansas, ][nc.b (KS) ts Birch Telecom of Texas Ltd., L.L.P. (TX) 3. . Dunn & Associ:ates, Inc. d/b/a Boulevard P1.10ne Company (KS) ITC—214—2001 MIEK:QM | a. Issuedto: Birch Telecom of Oklahoma, Inc. (DE) b. The following companies are parties to this 214: O 1. Bfich Telecom of the Great Lakes, Inc. (DE) v Birch Telecom of the South, Ific. (DE) 3. Birch Telecom of the West, Inc. (DE) ITC—214—19980312—00187 Issued to: Tonex Communications, Inc. (KS) ITC—214—19980211—00098 Issued to: Tonex Communications North, Inc. (SD) ITC—214—19980317—00192 Issued to: Tonex Communications South, Inc. (TX) | ITC—214—19980330—00209 Issued to: Telecom Resources, Inc. (TX)

Exhibit CERTIFICATION The undersigned has reviewed the foregoing Notification ofPro Forma Assignmentand Transfer ofControl ofInternational Section 214 Authorizations and hereby certifies that the proforma assignments and transfers of control described therein, together with all other previousproforma transactions, do no result in a change in actual control ofBirch Telecom, Inc. or any ofits subsidiaries. : (Transferee) . Birch Telecom, Inc., Je tor—t Possesiion ) By: Gregory r_C_thn 4em C* Lav# hon . ChiefExecutive Offic | Birch Telecom, Inc., Debtor—i Pussession Tel: (816) 300—; 000 . ~ Fax: (816) 300— 1247 E—mail: glawhon@birch.com Dated: January 24, 200 661133—D.C. Server 1A « MSW


Document Created: 2019-05-30 21:59:45
Document Modified: 2019-05-30 21:59:45
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