Attachment 20170207162004-993.p

20170207162004-993.p

SUPPLEMENT

Supplement

1999-04-02

This document pretains to ITC-ASG-19990402-00238 for Assignment on a International Telecommunications filing.

IBFS_ITCASG1999040200238_1420164

Categories of Services fLZor (Stresmline/Non——stre o 9 9 a) a, § 1‘;~ ASSIGNMENT OF LICEN GLOBAL FACILITIP SEEVICE mnig REQAL SERVICE LIMITED GLOBAL FACILITIES— BA 3ED SER\RE/I‘ GLOBAL RESALE SERVICE . LIMITED GLOBAL EACILITIESfBAFED sERV: O O LIMITED GLOBAL RESALE SERVIC C § INMARSAT AND MOBILE SATELLITE SERVICE SWITCHED RESALE SERVICE,_ _ B2 TRANSFER OF CONTROL— C SUBMARINE .CABLE LANDING LICENSE O .. INTERNATIONAL SPECIAL PROJECT +¥ D# Description of Application:

Bef re the <§ » @ P FEDEFI.AL COMI IUNICATIONS COMMISSION W; shing ‘on, C .C. 20554 In th: M[latter o1 @fl}‘l\%%% o.X uh clh cud Neccld ts §6. Ao ul 0CP N. P NE P NU § cR COR EC OMA ‘ JE WCO, INC. \_Q\\ fi ‘,Q,Q;F ‘\E\' ind USN COMNV U «I CATIONS MIDWEST , INC. ind File Nc. ITC—99—__________ USN COMNV U «I CATIONS NORTHEA ST, N IC. Af pl ca:ion for au hority pursuant :o Sec:ion 2 .4 Ccm nu nicat or s . ict of 1934, as unended, to as: ig i Sec io 1 2 14 authorizations £ PPL] CAT: ON [ ‘2oreCoian | Newco, Inc. ("CoreC »mm ] Yewe«." or tie "Pr »posed Assignee"),‘ USN Ccm: nunicat or s 1 idwest, Inc. ("USNC. MW"), and USN Tomn unications Northeast, Inc. ("US NC‘—NE‘) (joi ntly, "Proposed Assig ors") ‘collec:tivel, the ‘ Applicants"), by the undesiy med cot ns 2l, hereby request authprity, Jursuant to Secticn 214 of the Communications Act of 1934, as an ended, 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, to assign the Section 214 authorizations of USNC—MW and USNC—NE (the "USNC 214 licenses!)k« KX Nex_ to CoreComm Newco." 1 / C o ‘ CoreComm Newco currently holds Section 214 authorization to provide international service on a global basis as both a facilities—based carrier and resale carrier to all countries of the world except for those on the Commission‘s exclusion list. (File No. ITC—98—338 (effective June 17, 1998). * Under the relevant transaction, the ultimate parent company of CoreComm Newco, CoreComm Limited ("CoreComm Ltd."), is in the process of acquiring substantially all of the assets of USN Communications, Inc. ("USNC"), the parent company of USNC—MW and USNC—NE.

Furthe more, as describe 1 belo w and in the reque St for Speci i Temporary Aut 10rity ("STA Reques :") as: ociated witi this : pplic:ition, Applivants 1 espec fully equest expdited action re gardi ig thi;. app_li:atior . Cor:Com n Newrco‘s iltim: te par »nt company, Cor :Com m Limited "Corm:Com n Ltd."), ha s exec ited a 1 agre ameni to purchase substantially all of the assets of the P: opost d Assignor: ‘ pare at cor ipany USN Com nunic itions Inc. ("USN C"), 1inder the supervisior of th: U.S. Bank ruptc} Court, whi th has schec uled : hearing for April 2, 1939 to consider the p1opose d sale. Exj editec. actio i regarding ‘his A pplic: tion vill allow C( reConm Newco to prov ide ec ntinuous se vice 1 > the : ‘ropo: ed Assigno s‘ existing customer ba ie anc will afford th : Ban ruptc y Court gre iter cc mfort that a »prov i1 of t ie pro J0sed sale will be 1efit USNC‘s credit »rs ar d customer:. A s disc ussed more fully »elow USNC—MV"‘s Setion :14 at thorization initial y wa:. obtained in the name of U§E§f mmuw icatic ns, Iq .. anc USNC—NE s Sep ion 214 aut 10riz: tion ~——_ _ m . e ~ initially was ol taine 1 in the narm eCS omighs of U nited Telem anage ge ment ME Services, 2C In:. CoreCon m Ltl., , through its wh »lly—o vned subsic iary, :oreC mm Neweo is awompe titive arovider of ntegr ited — telecomtr iunic; tions services to |usine ss and residntial :ustomners i1 the United State:. CoreComm/W _— urrently pre vides intern ational telec omminicat: ons services pursuant t« uennel* Section 214 authorization granted by this Commission. Neither CoreComm Newco nor any of its affiliates or subsidiaries currently is affiliated with the USNC entities or any of their affiliates or subsidiaries. As described herein, grant of the requested assignment of the USNC Section 214 licenses will permit the customers of those entities to be served by CoreComm Newco, a strong and innovative competitor. Accordingly, grant of this Application is in the public interest. 2

In support of this Application, Appl cants subm t the i ollow ng informa ion: I. THE PARTIES A. CoreComm Newrco CoreComm Newcods a Jelav are ccrpora ion a1 d an i idirect, wholly—o vaed ; ubsid lary YX P N* of CoreComm LtgéoreComm Ltd. i ; a puljlic ce mpan y trad d on ‘he N. \SDA Qsto :k exc hange / underes 1Lc the symbol C?)MMF,‘witfi heac quart »rs §at 110BsE §9‘h { t., 2¥ New Yo: k; Ne w Yok 100 22. —CoreComm Newco is currently autho ized to offe: intet aatior al ser rices p ursus nt to lectio i 214 authorization granted by this Cemmis sion." As evidenc 2d by the in orma ion siibmitt :d wi h CoreComm Newco‘s applicatio1 for { ection 214 u}thm izati0 1, v‘vhi sh the Com nissicn approved, boreComm Newco is well— qualified to serve the ex isting custoner b ise of the U NC entities. CoreComm Newco‘s existin ; global Section 214 aut horiz: tion e atitle: it to: (1) r¢ sell the international services of autliorize 1 U.S. comtion ci rriers for th : provision >f inte rnatic nal basic switched, private line, data, tele ision and N usine is sen ices t ) all iiiterna :ional point: subject to the terms and conditions of Section 63. .8(e)(‘) of t ie Co nmission‘s ules; ind (@) to operate as a facilities—based carrier su yject t» the terms : ind cc aditio as of | sectic n 63.1 8(e)(1 ). CoreComm Newco is considered a nc n—dominant carrie : under the :omissiot ‘s rules. Following consummation of the proposed transaction, CoreComm Newco will continue to be qualified to operate as an authorized non—dominant international carrier. 3 File No. ITC—98—338 (effective June 17, 1998). 3

B. USNC, |JSNC—MW and USN—I [E USNC is a Dela vare corporation with p ‘incip.i1 offices located at 10 South Riverside Plaza Chic ig, IL 606( 6 U;SNC, ‘hrough vari jus of erating subsidiaries, is aut 10rize 1 to provide int ‘as :ate intere «change services :n 48 : tates ; nd to provide ocal t :lephone se vices in 18 states.* A 1ditionall », USINC is authorized t iroug! : the FEroposed Trans ‘erors to off :r internation i1 : ervices piirsuant to Section 214 a ithori::ation;; gran‘ted by this Corimission: (.) File No. IT C— 35—213 (e fective Apr 1 24, .995), initia ly held in the rame USN Comm inicat ions, Inc., which U 3N subsec uent!:/ re—n:iuimed JSN Comm inications Midwest, inc. (‘ USNC—MVW "); and(2) Fil: N o. ITC—94 —328 (effective July 16, 1994) initislly held :n the aame United Telemanag : ent Services, In:. ("UTS"), which USN °2 subs equently re—named USN Communic ati ns North :ast, I 1c. ("USNC—NE") II. RE QUEST FO ? AU THO} TY TO 4 SSIG NTHE PROF OSED ASIGN()RS‘ 214 COn Fe »uary 19, 1999, CoreComni New co‘s i idirec ; parent company, CoreCortnm Li d., executed ai1 4 sset Purc! ase A greenient (tie "A reem ‘nt") to acquire substantial y all of the assets of U 3N C. In cor necticn with that ransa :tion, ‘he Proposed A ssignors propose :o ass gn the USNC 211 licenses to CoreComm Newco t enable CoreComm Newco to serve the exis ing customer base of the USNC entities currently served under those Section 214 authorizations. Concurrent with the parties‘ execution of the Agreement, USNC and twelve ofits subsidiaries, including USNC—MW and USNC—NE, filed voluntary petitions under Chapter 11 of * USNC‘s operating subsidiaries include, among others, USN Communications Midwest, Inc., USN Communications Northeast, Inc., USN Communications West, Inc., USN Communications Atlantic, Inc., USN Communications Southwest, Inc. and USN Communications Maine, Inc. 4

the United Stites Biinkruptcy Code, 11 U.S.C. § 101, et seq. n the U.S. Bankn ptcy Court for the Dist:ict of Delauvare. Simultaneously, USNC and tt e sell ng supsidia ies filed a niotion seeking the B:inkruptcy Court’s approval of the sale of their a ;sets nd business as a going concern to CoreConim Lt1. under the Agreement, as the best vay to maximize creditor recoveries anc. preserve uiiinten upted service to custom »rs. The Bankrup cy Cc urt hss scheduled a hearing for \pril 2., 1993, to c ansider USNIC‘s motion for a1 thoriz ation of the propc sed sale to CoreCommm L :d. Stbject :o reqiired regulatory approv:ls, the bank uptcy process is expected to be concluded 3y April 2, 999. As describec. in th: App icants‘ request for special ten porar ; auth prity, »:xpedited action regarding this Applicatior will serve the publlic interest in sev :ral respects. First, in combination with grant of the rec uest for special temporery authority, expe ditious acticn will enab.e CoreCommm Nzsweo‘s imn ediate: and continuied servicin;; of U SNC‘ ; customer accour ts upon consummatio1| of th : sale follovring asprov;i 1 of the Bar krupt :y Coirt. T ais wi 1 ensure the continued pro‘zision of reliable, uninterrupted service to thous inds c resiclential and t usiness customers dur ing any interim period. Second, expeditious act on will facilitate the ba ikruptcy process by aff »rding the Court greater comfurt thet approval c f the proposed sale will benefit USNC‘s creditors and existing customers. Finally, and perhaps most obviously, expeiitious approval of the proposed amended Application will promote the continued development of effective competition in the telecommunications market by allowing the existing customer base of the Proposed Assignors to be served by a strong, experienced competitor committed to preserving and building upon USNC‘s existing customer base and expanding consumer choice through the provision of advanced, high quality products and services. 3

IV. INFORMATION REQUIRED BY SECTION 63.18 Pursuant to Section 63.18(e)(5) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(5), Applicants submit the following information: (a) Name and address of Appicnts: Proposed Assignee: CoreComm N#w:o, Inc. 110 East 55"" Sitre et New York, New Yok 10022. Telephone: 212/00¢—8485 Facsimile: 212/906.— 8497 Proposed Assignurs: USN Comnmuunic: tions MiIiwest, Inc. 10 South Riversice l‘laza Chicago, Illinois 50606 Telephone: 312/006—3600 Facsimile: 31:2/474—0814 USN Communic: tions North sast, Inc. 10 South Riversice l‘laza Chicago, Illinois 50006 Telephone: 312/906—3600 Facsimile: 312/4‘‘4—)814 (b) CoreComm New:o is a comp an, organized underQhe laws—of Delaware. Both USNCentitiesar:organiz d under the laws of Delaw'm:e./CeoreComm Ltd. and USNC have ex:ecuted an A greement under which CoreComm Ltd. will purchase substantially all of USNC‘s assets. In connection with this transaction, the Proposed Assignees propose to assign the USNC Section 214 licenses to _ CoreComm Newco. Following consummation of the transaction, CoreComm Newco will service the customer accounts currently served by the USNC entities under those entities‘ Section 214 authorizations.

(c) Correspondence concerning this Application should be sent to: Eric J. Branfman, Esq. Lawrence A. Walke, Esq. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Stieet, N.W ., uite 200 Washin gto a, 1J.C. :0( 07 202/424.—7;:0€ (Tel) 202/424—7045 (Fax with copie:s to: Christopher A. FEoli Assistant Cieners1 C ou isel CoreComr i Lim: tec 110 E. {9" St New York New Ycork 10022 Telephcne (212 906— 3485 Facsimile: (212) 90 —£ 497 and Ellen C:ai;; Vice Prosiclent o ‘R :g latory Affairs USN Com: nunications , Inc. 10 Sout 1 R iverside Pl;za Chicage, L. . 63606. Telephcne 312/006 —3000 Facsimile: 31./4 74— 08 14 (4) The twc Section 211 li sense:. held by the USNC entities are as follows: (1) File No. ITC—95—2 13 (effec ive A pril 24, 1995), initially held in the name USN Communications, Inc., which USN subsequently re—named USN Communications Midwest, Inc. ("USN—MW"); and (2) File No. ITC—94—328 (effective July 16, 1994), initially held in the name United Telemanagement Services, Inc., which USN subsequently re—named USN Communications Northeast, Inc. ("USN—NE"). Under both authorities, USN is authorized to provide international switched services by reselling the international switched services of other carriers, pursuant to 47 C.F.R. § 63.18(e)(2). CoreComm Newco, Inc. is authorized to operate as both a facilities—based and resale carrier in accordance with 47 C.F.R. § 63.18(e)(1) and (e)(2). See File No. ITC—98—338 (effective June 17, 1998). CoreComm received authorization to (1) J

resell the international services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television, and business services to all international points subject to the terms and conditions of Section 63.18(e)(2) of the Commission‘s rules and (2) to operate as a facilities— based carrier subject to the terms and conditions of Section 63.18(e)(1). (e)(5) This application seeks authority for the US?TC 214 Licenses to be assigned to CoreComni Newco, pursvan: to Section 53.18(e)(5) of the Commissiion‘s Rules Under the releva it transaction, CoreComm Newco‘s ultimate parent: company, CoreComni Ltd., is in the process of scequiring substantally all of the assets of SNC, the parer t company of USNC MW ini. USNC—NE. Following cons immatio:i 0 ‘ the transac:ionr, Cor:Com n Newco will provide service to the exist ng customers curren‘ly served by the USNC entiticcs under those entities‘ Section 214 Licenses. As described apove, CoreComm Newco, Inc.‘s Section 214 nuthor za:ion already excee is the scope of the authorizations at issue in thi; Application. (£) Nt appliciibl:. (g) Not appliciibl:. (b) CoreComni Newco is not a foreign carrier and is not afiiliated with any foreign «27s%. / Je carmier. \ Ron:ld Ba: on )B aron Capital Goup, |nc., RBaron Capital Management Inc., KN B. [CO; fic , ard ‘he Barot A sset F ind colle ctively h )ld shares that constitut approximaely1{.1‘%ofthe out standi 1g sto :k of CoreC omm Ltd, The address for these comparies is 767 Fftk Aver ue, 24 th Floor, Nuw York, New York 10153. Sr yder ua] mital Man agement, L.P., 350 Califoriia Street, Suite 1460, S Francisco, Calife mia94104, owns apj )roximately15%of CoreComm‘s outstancliny; stocl:. No other shareholders owvn or vote nmore than 10% of CoreComni Ltd.‘s cutstanding stock. CoreComm Newco and CoreComm Ltd. share officers and directors with another publicly traded Delaware corporation, NTL Incorporated ("NTL"). Subsidiaries of NTL are foreign carriers in the United Kingdom of Great Britain competing with the dominant carrier in that country. The United Kingdom is a member of the World Trade Organization. NTL does not have the ability to discriminate against unaffiliated U.S. international carriers through control of bottleneck services or facilities in Great Britain. A subsidiary of NTL, NTL (UK) Group, Inc., is authorized to provide international resale and facilities—based telecommunications services. See Files No. ITC—98—161 and ITC—98—163.

(i) Applicants certify that they have not agreed and will not agree in the future to accept special concessions, as defined in Section 63.14(b) of the Commission‘s Rules, directly or indirectly from any foreign carrier, as defined in Section 63.18(h)(1)(ii) of the Commission‘s Rules, with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of theroute to affect competition adversely in the U.S. market, and will not enter into such agreements in the future. G) CoreComm Newco certifies that no party to this application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (k) Applicants request streamlined processing of this application because Applicants do not have an affiliation within the meaning of Section 63.18(h)(1)(i) with any foreign carriers or any dominant U.S. carriers. CONCLUSION For the reasons stated herein, CoreComm Newco, USN Communications Midwest, Inc., and USN Communications Northeast, Inc. respectfully submit that the public interest, convenience, and necessity would be furthered by grant of this application for authority to assign the Section 214 licenses of USNC—MW and USNC—NE to CoreComm Newco. Applicants respectfully request that the Commission authorize the proposed assignments described herein to permit the Applicants to consummate the underlying transaction on an expedited basis. Respectfully submitted, 7‘/ce \g&— Eric J. Branfman, Esq. Lawrence A. Walke, Esq. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 Telephone: 202/424—7500 Counsel for CoreComm Newco Dated: April 2, 1999 276443.1

CERTIFICATION OF TRANSFEREE I, Christopher A. Holt, Assistant General Counsel of CoreComm Newco, Inc., hereby certify that CoreComm Newco, Inc. is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. Further, I hereby certify that the statements in the foregoing Application are true, complete, and correct to the best of my knowledge, information, and belief. CoreComm Newco, Inc. CAtzhe. 0. Htoctleu Christofher A. Holt Assistant General Counsel April 2, 1999 _


Document Created: 2019-04-09 07:46:10
Document Modified: 2019-04-09 07:46:10
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC