Attachment 20161208150014-850.p

20161208150014-850.p

SUPPLEMENT

Supplement

2002-12-06

This document pretains to ITC-214-20000602-00324 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000060200324_1380621

Streamlined ITC—214—20000602—00324 1B2000000405 GT GROUP TELECOM SERVICES (USA) CORP. CY13 .BRBEU 0 St (E XEFF FRIEDMAN, LLP Tt iN ACHD 3T )N HaRBOUR 00 K 3TREE ;1 W, SJtE 3CO ‘Va H1 gGror C3 20007—5116 NEW YORK OFFICE T LE HONE (2( !) 424—7500 g?f;é‘;;fgs%gfi ) NUE P \C ’M[LE‘ ZO. ) 295—8478 HEw YoRK, NY 10174 W N!.SY ID; AW.COM TEL(212) 973—0111 FAX (212) 891.9598 D cem er 5, 2002 RECE/VED | DEC —6 2002 VIAIIAND DJ L V R ¢ FEDE IAL COMMUNICATIONS COMMISSION Marle ie H. Dor zk OFFICE OF THE SECRETARY Secret ary Feder: 1 Commut ic iti n Commiss on 445 T welfth Str et S N TW—A325 Wash ngton, D. :. O( 24 Re: ]I ot ce of Pro Forma A is m uo at fGT Group Telecom Services [(US\) Corp. §r:e io 2 4 Authoriza io . Dear Ms. Dortc. : GT Grow )‘ el ce m Services (( S. ) Co p. ["GT—USA"), by its undersigned counsel and pursuant to Sect of ; 6 3.. 4(d) and (f) o ‘tl : Co: in ission‘s Rule: , 47 C.F.R. §§ 63.24(d), (£), hereby notifies i ie 2c m aiission of the pn fo‘n a ; ssignment of 3T—USA‘s international Section 214 authorizatic 1i .c in ection with rest ict ir ng proceedings ¢c ommenced in Canada. GT—USA holds authority> ) <>e at as a common c; i ‘r of nternational c mmunications services pursuant to Sect or. 2: 1 _uthorization, as _escribed herein.‘ A. Summary of Pro Forma Assignment of GT—USA On June 26, 2002, GT Group Telecom Inc. and its operating subsidiaries, including GT— USA (together, the "Companies"), sought and were granted protection from creditors under the Companies‘ Creditors Arrangement Act ("CCAA") in the Ontario Superior Court of Justice. Similar to proceedings under chapter 11 of the United States Bankruptcy Code, the CCAA Court I See File No. ITC—214—20000602—00324, Rep. No. TEL—00254 (June 30, 2000).

provides thiut h: Compa ies as debtors remain in possession and control of their »rcpe ty and assets inc. continiue to car‘y on their kusiness during the restructuring proceeding.* In addition, on <ur e 28, 20(2, th: Companies sought and obtained prote ction pursuan to Sectior 3 )4 of the Unit:d States Code: fromm the Unitsd States Bankruptcy Court, Sot thern Distric o NMew York. Siice Juine, the Companies hive been granted additiona exteiision: o1 CCAA protectioa ind U.‘ . protection, miost receritly until December 11, 2002, and L ecambe: 13, 20(2, resp :c ively. Tae Compiani:s w IlI file for an additional extension until Fet ruary 14, 2003. The fil in;; cf the re st ucturing procsedings hi s not caused a change in CT—US A‘s ownership, corporite fcrm i, or manigemert of its da—to—day operations for the purpc ses 0.‘ th e Comm:ss on‘s Rulss. I‘w suant to the order of the CCAAA Court, GT—WJSAretains po isessi n and control of its property anc bisiness :s during the rest ructuring proc:’:ec’lings.3 Asccordi agly, G7‘— USA cort fics thit my iss igiment of : ts Section 214 that may have occurred as a resi It of ‘he restruciurin;; f liigs in Ca 1a 1a or it. the United States were pro forma pursuant to 47 C.E.T .. § 63.24(c) uind taa: the filin ;s denot result ia a change: in the actual controlling garty c F CGT— US A.‘ B. Information Req uired Unde: Section 63.24(f)(2) ) Nanie, Adcress and Telephne Numter. GT Grovp [elecom Serv ces (USA) Corp. 20 Bay Strc:ei, Suite 700 T pronto, C nt iwio V 5. 2N0 T: (41 5) 848—2008 (b) Governmieit or State 0° Orpganization GT—USA is organized under th: law ; o‘ the iState 0: N evada. s The CC.\AA Court app »in:ed Pricews te ho iseCoopers as the "Monitor" of the restructuring p ‘oceed ng . The role of the Monitor, who is ar officer of the C; nadian court, is to monitor the debtors, their prope ty anc the business and a ffa rs of the debt »rs Although GT—USA is required to cooperate with the Monitor in th : discharge o‘ the Monitor‘s obligations, GT—USA as debtor remains in control of its businesses and properties. 8 Therefore, GT—USA does not believe that an assignment or transfer of control, pro forma or otherwise, has occurred within the meaning of the Commission‘s Rules. Thus, it is GT—USA‘s position that no filing is required in connection with the commencement of the company‘s Canadian and United States restructuring proceedings. However, out of an abundance of caution, GT—USA files this notice without prejudice to its legal position. * By an order issued on November 20, 2002, the Ontario Superior Court of Justice approved a claims procedure and authorized Group Telecom‘s operating subsidiaries, including GT—USA, to file a Plan of Arrangement ("Plan") and related Information Circular by which 360networks Corporation ("360networks") will be the sponsor of a Plan ("Canadian Order"). The Canadian Order also authorized the Companies, including GT—USA, to enter into a subscription agreement with 360networks whereby 360networks will acquire the equity ofthe operating companies of Group Telecom, including GT—USA. A separate application for approval of this transfer of control to 36O0networks is being filed concurrently. ~I%

(c) Contact Person for this Notification. Troy F. Tanner Grace R. Chiu Swidler Berlin Shereff Friedman, LLP 3000 K Street, NW., Suite 300 Washington, D.C. 20007 Tel: (202) 424—7500 Fax: (202) 424—7647 Email: TFTanner@swidlaw.com GRChiu@swidlaw.com (d) Section 214 Authorization. GT—USA received authority under Section 214 ofthe Act to provide global _ facilities—based and global resale international telecommunications services. See File No. ITC—214—20000602—00324, Rep. No. TEL—00254 (June 30, 2000). (e) Equity Ownership of Assignee/Transferee. GT—USA is a wholly—owned subsidiary of GT Group Telecom Inc. The Roard of Directors of GT—USA consists of Daniel R. Milliard, George Estey, Jozef Straus and James G. Matkin, all of whom are also directors of GT Group Telecom Inc. and GT Group Telecom Services Corp. (which is a foreign carrier that is also wholly—owned by GT Group Telecom Inc.). An original andfive (5) copies of this letter are enclosed for filing. Please date—stamp the enclosed extra copy, and return it to the undersigned. Please do not hesitate to contact us if you have any questions regarding this matter. Respectfully submitted, Troy F. Tanner _ Grace R. Chiu Counsel for : GT Group Telecom Services (USA) Corp. Attachment ce: Mark Hemingway Andrew D. Lipman

CERTIFICATION _ On behalf of GT Group Telecom Services (USA) Corp., I hereby certify that the statements made in the foregoing notification letter are true, complete and correct to the be it of my knowledge and are made in good faith. Specifically, I certify that any assignment of lic snse that may have occurred as described above was pro forma under Section 63.24(d) 0| the Commission‘s Rules, 47 C.F.R. § 63.24(d), and does not result in a change in the a stual controlling party of GT Group Telecom Services (USA) Corp. & M/filfim Name: Wl"\ t 2 Title: G«e/wa muasel C Sfcfej-wj ate: _@g_(__é_jfl.l 414593v1 on a t XVI CE:ST ZOO8/90/3T


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Document Modified: 2019-05-25 09:02:35
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