Ownership letter (IT

LETTER submitted by Law Offices of Gregory J. Vogt, PLLC

Ownership Letter of Hawaiian Telcom, Inc.

2017-05-19

This document pretains to ITC-214-20040630-00512 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142004063000512_1228952

Law Offices of Gregory J. Vogt, PLLC 103 BLA CK M OU NTAI N A VE. Gregory J. Vogt SUI TE 11 828.669.2099 (office) BLAC K M OU NTAI N, NC 28711 gvogt@vogtlawfirm.com May 19, 2017 www.vogtlawfirm.com Ms. Sumita Mukhoty, Esq. Telecommunications & Analysis Division International Bureau Federal Communications Commission 445 Twelfth Street, S.W. Washington, D.C. 20554 Re: Hawaiian Telcom, Inc., ITC-214-20040630-00512 Dear Ms. Mukhoty: At your request, Hawaiian Telcom, Inc. (“HTI”) submits the following information regarding the ownership of the above-referenced international 214 authorization. As indicated in the most recent pro forma assignment application, HTI is 100 percent owned by Hawaiian Telcom Communications, Inc., which is in turn wholly owned by Hawaiian Telcom Holdco, Inc. (“Holdco”). Holdco has two stockholders that have a greater than 10 percent ownership interest: Twin Haven Capital Partners, LLC (“Twin Haven”), with 22.7 percent, and Black Diamond Capital Management, LLC (‘Black Diamond”), with 23 percent. There are no other holders of Holdco stock that holds a 10 percent or greater share, either directly or indirectly, within the meaning of 47 C.F.R. § 63.11(e)(5). To be clear, no owner of either Twin Haven or Black Diamond owns sufficient interests to give such owner a 10 percent or greater share of Holdco, when applying the Commission’s multiplier. See, e.g., Foreign Ownership Guidelines for FCC Common Carrier and Aeronautical Radio Licenses, 19 FCC Rcd 22612, 22627 (IB 2004). As you know, Holdco is widely and publicly held. Therefore, the amount of stock that individual stockholders of Holdco own varies over time. When Holdco last reported Holdco ownership interests, it was in the context of an application of the SEA-US submarine cable application (SCL-LIC-2015062600016) partially owned by Hawaiian Telcom Services Company, Inc. (“HTSC”), a 100 percent indirectly owned subsidiary of Holdco. In that application, HTSC reported that Twin Haven owned 21.9 percent of Holdco and Black Diamond owned 21.9 percent of Holdco. Report No. SCL-00194, DA No. 17-56, at 2 (IB, rel. Jan. 13, 2017). In 2012, when HTI purchased Wavecom Corporation, HTI reported that Twin Haven owned 11 percent of Holdco. Black Diamond did not own a 10 percent or greater interest in Holdco when the application was filed. Wavecom Solutions Corporation,

Law Offices of Gregory J. Vogt, PLLC Sumita Mukhoty, Esq. May 19, 2017 Page 2 Transferor, and Hawaiian Telcom, Inc., Transferee, Applications for consent to Transfer Control, WC Docket No. 12-206, 27 FCC Rcd 16081, ¶ 5 (WCB, IB, & WTB, 2012). Please let me know if you have any further questions. Sincerely, /s/ Gregory J. Vogt Gregory J. Vogt Counsel for Hawaiian Telcom Inc. Enclosure


Document Created: 0790-04-14 00:00:00
Document Modified: 0790-04-14 00:00:00
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