Attachment 20170110135149-167.p

20170110135149-167.p

SUPPLEMENT

Supplement

2000-05-16

This document pretains to ITC-ASG-20000516-00303 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2000051600303_1392587

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SWIDLER BERLIN SHEREFF FRIEDMAN, uur 3000 K STREET, NW, Surre 300 WaASHINGTON, DC 20007—5116 TELEPHONE (202)424—7500 74. : FACSIMILE : f (202) 424—7645 Ne¥ York orpict 405 LEXINGTON AvE. NEw YoRK, NY 10174 May 16, 2000 RECEIVEp VIA COURIER Magalie Roman Salas, Secretary Fepg MAY 1 & 2000 Federal Communications Commission m'w"“'n:';gmm International Bureau, Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Application oftelx Communications Corporations for Authority Pursuant to Section 214 of the Communications Act of 1934, as amended, to Assign Nunc Pro Tunc Section 214 Authorization Dear Ms. Salas: Enclosed for filing with the Commission are an original and six (6) copies of the application oftelx Communications Corporations ("TCC") requesting authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to assign nunc pro tunc the Section 214 authorization oftelx (sub of Connectech), also know as "Connectech, LLC d/b/a telx," to TCC. As required by the Commission‘s Rules, a check in the amount of $780.00 is enclosed. Please date—stamp the extra copy of this application and return it in the enclosed self—addressed, stamped envelope. Should you have any questions regarding the enclosed application, please contact the undersigned. Respectfully submitted, 23 *> . 2W\/m"‘ Troy F. Tanner Rachel D. Flam Jennifer A. Schneider Counsel for telx Communications Corporatic n Enclosures cC: Steven Turner 332860.1

IREAD INSTRUCTIONS CAREFULLY APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE stt 3 4 FCc use onLy _ PAGE No __ Oof In) LockBox « 358115 _-----[_AEM PAYERINFORMATION 2) PAYER NAME(T paying by credit cand, enter name exacily as it appears on your card) sn (3) TOTAL AMOUNT PAID (dollars and cents) Swidler Berlin Shereff Friedman, LLP c/o Jennifer Schneider , 780.00 [# 4) STREET ADDRESS LINE NO. 1 $i= 3000 K Street, NW 5) STREET ADDRESS LINE NO. 2 Suite 300 WAsIM m state (®) zP CoO® H- Washington DC 20007 Denu, (6) DAYTIME TELEPHONE NUMBER (include area coce) (10) COUNTRY COOE(if not in U.S.A) 202—424—7742 s lF PAYER NAME ANDTHE APPLICANT NAME ARE DIFFERENT, COMPLETE.SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 15§9—C) — 11)mm(flmwmummmwxukqmwmmnu TSecrions_ AppLICANT__TT--_II-II INFORMA Telx Communications Corporation 12) STREET ADDRESS LINE NO. 1 17 State Street K13) STREET ADDRESS LINE NO. 2 33rd Floor 14) CTY (15) STATE (16) P CODE New York NY 10004 17) DAYTIME TELEPHONE NUMBER (include area code} (18) COUNTRY CODE(if not in U.S.A.) (212) 285—4700 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) SEChon CTP yYmEnNntinFornvaAtion fl 1 FC THER ID (ZOA) PAYMENY TYPE CODE (P’TC) llZN FEE DUE FOR (PTC) IN BLOCK 20A Y C ts , ,780.00 23A) FCC CODE 1 (24A) FCC CODE 2 19B) FCC CALL SIGANOTHER ID (208) PAYMENT‘ TYPE CODE (PTC) in cuannty (222) FEE DUE FOR(PTC) IN BLOCK 208 mm +» $ 238) FCC CODE 1 (24B) FCC CODE 2 19C) FCC CALL SIGNOTHER ID (20C) PAYMENT TYPE CODE (PTC) mc ouamty (220) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY | § 23C) FCC CODE 1 (24C) FCC CODE 2 19D) FCC CALL SIGN/OTHER ID (200) PAYMENT TYPE CODE (PTC) (220) FEE DUE FOR (PTC) IN BLOCK 200 IFCC USE ONLY 23D) FCC CODE 1 EL 1 : (24D) FCC CODE 2 SECTION_D — TAXPAYER INFORMATION _(REQUIRED PAYER TIN 0|1|3]|2]6]|7]9|6)7]6] JAPPLICANT TIN 0|1}|1}3]2]9]2]1]|2]0 SECTION E —_ CERTIFICATION 27) CERTIFICATION STATEMENT 1. S &R N€ Certify under penalty of perjury that the foregoing and supporting information (Pront name) * are true and correct to the best of my knowledge, infomation and belief. SIGNATUR SECTION F —_CREDIT CARD PAYMENT INFORMATION 28) MASTERCARD MONTH YeARr l [AUTHORZED SIGNATURE DATE JMSA I hereby suthonze the FCC to charge my VISA or MASTERCARD t ___> e for the sencets}/authonzabons(s) herein described. hn | omm emmenmmunmm remmuun SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

Before the EEDE ¢AL 2OMMUN ICATTION:i CO: AMICSSION Was hingt on, D.C. 2( 554 vvvvvvvvvvvl In the Matt »r of telx Comn unic; tions Corp oration Filk No.: TC — A/L — 2000________ Applicatior. for / uthority Pirsuant to Section 21« » of th : Corimun cations Act of 1934, as amen ded, t > assi n nune pro t nc the Sect: on 214 authority of an internationi1 canier APPI ICA" ION »»y telx Cominunication: Corp pratio 1 ("TCC" 0: the " Appli :ant‘"), by its undersigned counsel, hereby reqi ests a ithority, pu ‘suant to Section 2 14 of the C¢ mmu i1cations Act of 1 934, as amended, 47 U.S.C. § 214, i nd Section 53.18 ofthe Comt ussion‘s Riles, 47 C.F.R. § 63.18, to authorize nune pro tunc the assig ament of Section 214 at thority to TCC from tel <¢ (sut of Connectech), also known as "Connecech, .LC d/b/a t :Ix," (merea:ter "Uonnectech‘). A: desc:ibed below, this assignment was pro for ma in nature beci.use t} e san.e ind vidusls that were in co itrol of Connectech also are in control of TCC. In order to clarify the Commussion‘s records, however, the Applicant is also taking this opportunity to provide the Commission with updates and corrections of certain information in the initial application and authorization of Connectech. For clarification of the Commission‘s records, the Applicant first provides the following information. On January 2, 1998, the Commission granted Section 214 authority to provide global

facilities—based and resale services to an entity namedtelx (sub ofConnectech)." The authorization should have been applied for and granted in the name of Connectech, LLC d/b/a telx, since at the time ofthe application, Connectech had no subsidiary named "telx," nor did a separate entity named "telx" exist. Connectech merely was doing business under the name of "telx." In addition, the original application, accepted for filing on November 28, 1997, provided all of the information concerning the controlling shareholders of Connectech but omitted the information on the passive investors. Control of Connectech and now TCC, the succeeding entity, has always remained with Rory Cutaia and Peter Feldman, as provided in the original application. The information concerning the additional passive investors, however, is provided below. Subsequent to the grant of Section 214 authority, Connectech, for exigent business reasons, consummated a transaction whereby it merged into TCC. Connectech ceased to exist and TCC continued to provide all services provided by Connectech. TCCand Connectech, however, failed to timely notify the Commission ofthis transaction. Therefore, the Applicant is seeking nune pro tunc approval of this merger, and assures the Commission that it will, in the future, seek all necessary prior approvals in compliance with Commission rules. The Applicant respectfully requests streamlined, expedited treatment of this application pursuant to Section 63.12 ofthe Commission‘s Rules, 47 C.F.R. § 63.12. As fully described herein, approval of the assignment will permit TCC to realize significant economic and marketing efficiencies that will enhance its ability to continue providing high quality, low cost telecommunications services and to compete more effectively in the international ! See ITC—214—19971110—006%4 and related application. —3.

telecommunications marketplace. rdingly, grant of this applic will benefit the public interest. The Applicant submits the ving information in support 0 application: L. ConnectechTCC A. Connectech, LLC telx As described above, the c : name of the entity holding ion 214 authority was Connectech, LLC d/b/atelx. Prior transaction described herein,© »ctech was a New York corporation, whose principal offic« e located at 17 State Street, . ‘loor, New York, New York 10004. Under ITC—214—199 )—00694, released on January 98, Connectech holds Section 214 authority to provide gli icilities—based and resale serv: Additional information concerning Connectech‘s technical agerial and financial qualific: to provide service was correctly submitted with its applicai it initial Section 214 authoriza 1d is, therefore, already a matter of record at the Commissi his information is being upd: y this application. B. telx Communicati( orporation telx Communications Corp a is a privately held corporati zanized under the laws of the State of Delaware whose pr i1 offices are located at 17 St reet, 33rd Floor, New York, New York 10004. TCC is c lled by the same two owners ... ~ontrolled Connectech, Rory Cutaia and Peter Feldman, and has the same operating and management team. TCC is not a Section 214 authorized carrier. TCC is a non—dominant, domestic carrier under the Commission‘s rules and provides interstate telecommunications services in the United States. By the transaction described herein, TCC acquired a Section 214 authorized telecommunications carrier and, following the transaction, continued to maintain the necessary technical, managerial and financial

qualifications to provide international service. The Applicant files this application to obtain approval of the transaction nunc pro tunc and to update the information, including the individuals owning ten percent (10%) or greater ownership of TCC. II. The Transaction The owners of Connectech determined that they would réalize significant economic and marketing efficiencies by reorganizing the company and merging Connectech into telx Communications Corporation. Accordingly, Connectech and TCC consummated a Stock Purchase Agreement in which telx Communications Corporation purchased 100% ofthe stock ofConnectech. As a result of the transaction, Connectech dissolved and TCC assumed all of its operations. Approval is requested nunc pro tunc for this transaction. A grant of the relief requested herein will enable telx Communications Corporation to provide international services more effectively and efficiently. TCC has the same management and operations team as that of Connectech. The proposed transaction has simply resulted in a reorganization of Connectech into TCC. As such, the transaction has not and will not cause inconvenience or confusion to Connectech‘s customers. Indeed, the transaction has been and will continue to be virtually transparent to Connectech customers in terms of the services that they receive. III. Public Interest Considerations Approval of the transaction will serve the public interest in promoting competition among operating international carriers by providing the Applicant with the opportunity to strengthen its competitive position with greater financial resources. Because the transfer of Connectech to TCC involves a reorganization of two small, non—dominant telecommunications carriers operating in a

competitive international marketplace, the transfer of control will not lessen competition or raise antitrust issues."" The transaction will invigorate competition in the international services market by enabling TCC to pursue its marketing and business plans effectively. Moreover, TCC maintains the same management and operations staff as that of Connectech. The merger, therefore, benefits the public interest by enhancing the Applicant‘s flexibility and efficiency as well as its financial viability. IV. Kligibility for StreamlinedProcessing Pursuant to Section 63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12, this application is eligible for streamlined processing. The Applicant submits the following information in support of their request for streamlined processing ofthis assignment ofthe Section 214 authorization nuncpro tunc. (a) Applicant is a nondominant carrier; (b) Applicant does not have an affiliation with U.S. facilities—based carriers whose services it is authorized to resell; (c) As defined in Section 63.18(h) of the FCC rules, §63.18(h) C.F.R., the Applicant is not affiliated with a foreign carrier. v. Information Required by Section 63.18 TCC submits the following information, as required by Section 63.18 of the Commission‘s Rules, in support of its request for Section 214 authorization: *See In re Applications ofNYNEX Corp., Transferor and Bell Atlantic Corp. Transferee, for Consent to Transfer Control ofNYNEX Corp. and Its Subsidiaries, File No. NSD—L—96—10 (adopted August 14, 1997) (applying the Department of Justice and Federal Trade Commission 1992 Merger Guidelines for evaluating the likely competitive effects of the merger). —5.

(a) Name, address and telephone number of the Applicant: — esc e en telx Communications Corporation 17 State Street, 33rd Floor New York, NY 10004 Tel: (212) 285—4700 Fax: (212) 285—2255 (b) telx Communications Corporation is organized under the laws of the State of Delaware. Connectech, LLC d/b/atelx was organized under the laws of the State of New York. (c) Correspondence—concerning this application should be—sent to: Troy F. Tanner Rachel D. Flam Jennifer A. Schneider SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW., Suite 300 Washington, D.C. 20007 Tel:— — (202)424—7500 >s<> ccssigh, CK5 Snss ce nroge Fas: ~(202)424761$5..._._...._ _ with a copy to: Steven Turner General Counsel telx Communications Corporation 17 State Street, 33rd Floor New York, NY 10004 Tel: (212) 285—4700 ks Fax: (212) 285—2255 (d) Connectech was operating as a nondominant international carrier pursuant to the Section 214 authority effective January 2, 1998. See FCC File—No. ITC—214— 19971110—00994. telx Communications Corporation does not have Section 214 authority. (e)—(g) Not Applicable (h) In support ofthis certification, the name, address, citizenship, and principal business of the shareholders that control10 percent or more of TCC are as follows:

Active Investors Name: The Cutaia Group, LLC Address: 179 Candlewood Path Dis; Hills, New York 1 :. 746 Percentage Held: 16.1% Citizenship: U.S.—A. Principal Business: Telecommunications The Cutaia Group, LLC is a single member LLC with Rory Cutaia as sing: e member. Name: Peter Feldman Address: 254 West 103" Street New York, New York 10025 Percentage Held 16.1% Citizenship: U.S:A. Principal Rusiness: Telecommunications Passive Investors Name: Angela Giguere Address: 38 Nicholson Crescent Middletown, Rhode Island Percentage Held: 16.1% Citizenship: U.S.A. Principal Business: Telecommunications Name: Leonard V. Sessa Address: 555 Northern Blvd. Great Neck, New York 10027 Percentage Held: 16.1% Citizenship: U.S.A. Principal Business: Telecommunications Name: Barone Family Partnership, Ltd. Address: c/o Barone Properties, Inc. Bar—One Ranch 34500 Cedar Creek Road Huson, Montana 59846 Percentage Held: 12.5% Citizenship: U.S.A. Principal Business: Telecommunications

There are no individuals or entities with large enough ownership interest in the Barone Family Partnership, Ltd. to require reporting under Section 63.18(h). TCC currently has no interlocking office~~ or directors wit" foreign c=riers. i) TCC certifies that it is not a foreign carri« ind that it is no irrently : liated with any foreign carriers. 0) TCC seeks to provide international teleco nunications sel zes to all ‘bal points, except those points on the Cormmission Exclusion Lis TCC is : a foreign carrier or affiliated with a foreign carriet (k) Not applicable (1) Not applicable (m) As described above, TCC presumptively | ilifies for nond! inant tre: ient for the provision of all international telecommut ations services all route rursuant to Section 63.10 of the Commission‘s Rule _(n) TCC certifies that it has not agreed, and w not agree in thi iture, to & »pt special concessions directly or indirectly from ar ‘oreign carrier ere the fi ign carrier possesses market power on the foreign en fthe route, and will not e r into such agreements in the future. (0) TCC certifies, pursuant to Sections 1.2( through 1.20 of the C imission‘s Rules (implementing the Anti—Drug Abu. Act of 1988, 2 1.S.C. § 2 1), that no party to its application is subject to a den of Federal ber ts pursus to Section 5301 of the Anti—Drug Abuse Act of 198 (p) TCC qualifies for streamlined processi pursuant to S ion 63.1 —b) of the Commission‘s Rules because, as set forth 1ove in Sectior ), TCC C lifies for a presumption ofnondominance under Sectiuu 63.10(a)(1) of ...c Commis m‘s Rules.

IV. CONCLUSION For the reasons stated above, the Applicant respectfully submits that the public interest, convenience, and necessity would be furthered by a jgrant of this Section 214 Application for Assignment of Section 214 authority. Respectfully submitted, Troy F. Tanner Rachel D. Flam Jennifer A. Schneider SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7500 (te.) (202) 424—7645 (fax) Counsel for _ telx Communications Corporation Dated: May 16, 2000


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