i-wireless_Sprint_No

NOTICE submitted by i-wireless, LLC

Notice of Non-consummation of transaction

2017-05-04

This document pretains to ITC-214-20060724-00363 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142006072400363_1213951

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) i-wireless, LLC ) Licensee ) ) Genie Global Inc. and The Kroger Co. ) IBFS File No. ITC-214-__________ Transferors ) ) and ) ) Sprint Corporation ) Transferee ) ) Application for Consent to Transfer Control ) of a Company Holding International Section ) 214 Authority Pursuant to the Communications ) Act of 1934, as Amended ) ATTACHMENT 1 TO APPLICATION FOR TRANSFER OF CONTROL i-wireless, LLC (“i-wireless” or the “Company”), Genie Global, Inc. (“Genie”), The Kroger Co. (“Kroger”), and Sprint Corporation (“Sprint”), for itself and its subsidiaries, (together with i-wireless, Genie, Kroger, and Sprint, the “Applicants”) hereby respectfully request authority pursuant to section 214 of the Communications Act of 1934, as amended (the “Act”), 47 U.S.C. § 214, and sections 63.24(c) and (e) of the Commission’s rules, 47 C.F.R. §§ 63.24(c)/(e), for a transaction that will result in the transfer of control of i-wireless and its international section 214 authorization from Genie and Kroger to Sprint.1 1 This transaction also will involve the pro forma assignment of international wireless customer accounts from Virgin Mobile USA, L.P. (“Virgin Mobile”), a wholly owned subsidiary of Sprint, to i-wireless, which will become a majority-owned subsidiary of Sprint as a result of this

i-wireless, currently jointly owned by Genie and Kroger, provides commercial mobile radio services (“CMRS”) to consumers throughout the United States. The Company also is designated as an eligible telecommunications carrier (“ETC”) to provide wireless Lifeline 2 services in 38 states and the District of Columbia. Sprint, through its subsidiaries, offers a comprehensive range of wireless and wireline voice and data products and services. As discussed in more detail below, the Applicants have entered into an agreement pursuant to which Sprint will acquire an indirect 70 percent interest in i-wireless (the “Transaction”). Kroger and Genie will each retain half of the remaining 30 percent interest in i-wireless. The Applicants seek streamlined treatment for this Application pursuant to section 63.12 of the Commission’s rules. See 47 C.F.R. § 63.12. This Application qualifies for streamlined treatment under section 63.12(c)(1)(ii) of the Commission’s rules because the foreign carriers with which Applicants will be affiliated after closing are not monopoly providers and, specifically, lack 50 percent market share in the international transport and local access markets on the foreign end of the route. Consequently, the Applicants qualify for a presumption of non- dominance pursuant to 47 C.F.R. § 63.10(a)(3). I. DESCRIPTION OF THE APPLICANTS A. i-wireless, Kroger and Genie i-wireless (FRN: 0015302078) is a limited liability company organized under the laws of North Carolina. Its principal place of business is 1 Levee Way, Suite 3104, Newport, KY Transaction. This pro forma assignment will be subject to the post-closing notification procedures of 47 C.F.R. § 63.24(f). 2 The Applicants are aware that separate approval of the Transaction must be obtained through the Commission’s Wireline Competition Bureau in connection with i-wireless’ approved compliance plan and designation as an ETC in states which default to the Commission for wireless ETC designations. 2


Document Created: 2017-05-04 21:07:09
Document Modified: 2017-05-04 21:07:09
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