Application Form [pdf]

This document pretains to ITC-ASG-20050214-00077 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2005021400077_417286

Approved by OMB
3060−0686
                      INTERNATIONAL SECTION 214 AUTHORIZATIONS                           FCC Use Only
                                  FORASSIGNMENT OR
                                TRANSFER OF CONTROL
                       FCC 214 MAIN FORM FOR OFFICIAL USE ONLY

APPLICANT INFORMATION
Enter a description of this application to identify it on the main menu:
Application of TelWest Network Services, ICG Telecom Group, Inc. and ICG ChoiceCom, LP for Transfer of Assets
1. Legal Name of Applicant

           Name:        ICG Telecom Group, Inc.      Phone Number:                  303−414−5906
           DBA                                       Fax Number:                    303−414−8869
           Name:
           Street:      161 inverness Drive West     E−Mail:                        scott_beer@icgcomm.com


           City:        Englewood                    State:                         CO
           Country:     USA                          Zipcode:                       80112      −
           Attention:   Mr Scott E Beer




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2. Name of Contact Representative (If other than applicant)

            Name:         Brian M. McDermott                    Phone Number:                          2024247500
            Company: Swidler Berlin LLP                         Fax Number:                            2024247643
            Street:       3000 K Street NW                      E−Mail:                                bmmcdermott@swidlaw.com
                          Suite 300
            City:         Washington                            State:                                 DC
            Country:      USA                                   Zipcode:                               20007−5116
            Contact       Attorney                              Relationship:                          Legal Counsel
            Title:



CLASSIFICATION OF FILING
3.Choose the button next to the classification that best describes this filing. Choose only one.
       a. Assignment of Section 214 Authority
An Assignment of an authorization is a transaction in which the authorization, or a portion of it, is assigned from one entity to another. Following
an assignment, the authorization will usually be held by an entity other than the one to which it was originally granted. (See Section 63.24(b).)
     b. Transfer of Control of Section 214 Authority
A Transfer of Control is a transaction in which the authorization remains held by the same entity, but there is a change in the entity or entities that
control the authorization holder. (See Section 63.24(c).)
     c. Notification of Pro Forma Assignment of Section 214 Authority ( No fee required )
       d. Notification of Pro Forma Transfer of Control of Section 214 Authority ( No fee required )
Date of Consummation: Must be completed if you selecct c or d.

4. File Number(s) of Section 214 Authority(ies) for Which You Seek Consent to Assign or Transfer Control.


File Number:IT        File Number:     File Number:       File Number:       File Number:          File Number:     File Number:      File Number:
C214199805080
   0305


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5. Name of Section 214 Authorization Holder

                  Name:            Mr Scott E Beer            Phone         303−414−5906
                                                              Number:
                  DBA Name:                                   Fax Number:   303−414−8869

                  Street:          161 inverness Drive West   E−Mail:       scott_beer@icgcomm.com



                  City:            Englewood                  State:        CO
                  Country:         USA                        Zipcode:      80112
                                                                            −
                  Attention:




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6. Name of Assignor / Transferor

                   Name:            Mr Scott E Beer             Phone           303−414−5906
                                                                Number:
                   Company:         ICG Telecom Group, Inc.     Fax Number:     303−414−8869

                   Street:          161 inverness Drive West    E−Mail:         scott_beer@icgcomm.com



                   City:            Englewood                   State:          CO
                   Country:         USA                         Zipcode:        80112                    −

                   Contact Title:                               Relationship:


7. Name of Assignee / Transferee

                   Name:            Tel West Network Services   Phone           206−933−1119
                                    Corporation                 Number:
                   DBA Name:                                    Fax Number:
                   Street:          3701 S. Norfolk Street      E−Mail:
                                    Suite 300
                   City:            Seattle                     State:          WA
                   Country:         USA                         Zipcode:        98118
                                                                                −
                   Attention:       Mr Jeff K Swickard




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    8a. Is a fee submitted with this application?
      If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
      Governmental Entity        Noncommercial educational licensee           Notification of Pro Forma (No fee required.)
      Other(please explain):

8b. You must file a separate application for each legal entity that holds one or more Section 214 authorizations to be assigned or transferred.

Fee Classification CUT − Section 214 Authority


9. Description (Summarize the nature of the application.)
           (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
                     Application of TelWest Network Services, ICG Telecom Group,Inc. and
                     ICG ChoiceCom, LP for Transfer of Assets




10. In Attachment 1, please respond to paragraph (c) and (d) of Section 63.18 with respect to the assignor/transferor and the assignee/transferee.
Label your response "Answer to Question 10".


11. Does any entity, directly or indirectly, own at least ten (10) percent of the equity of the assignee/transferee as                     Yes
determined by successive multiplication in the manner specified in the note to Section 63.18(h) of the rules?
                                                                                                                               No

If you answered "Yes" to this question, provide in Attachment 1, the name, address, citizenship, and principal
businesses of each person or entity that directly or indirectly owns at least ten (10) percent of the equity of the
assignee/transferee, and the percentage of equity owned by each of those persons or entities (to the nearest one
percent). Label your response "Answer to Question 11."




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12. Does the assignee/transferee have any interlocking directorates with a foreign carrier?                             Yes
                                                                                                                       No

If you answered "Yes" to this question, identify each interlocking officer/director in Attachment 1. (See Section
63.09(g).) Provide the name and position/title of the individual or entity, the name of the foreign carrier, and the
country in which the foreign carrier is authorized to operate. Label your response: "Answer to Question 12."




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    13. Provide in Attachment 1 a narrative of the means by which the proposed assignment or transfer of control will
    take place. In circumstances of a substantial assignment or transfer of control pursuant to Section 63.24(e),
    where the assignor seeks authority to assign only a portion of its U.S. international assets and/or customer base,
    please specify whether the assignor requests authority to continue to operate under any or all of its international
    Section 214 File Nos. after consummation; and, if so, please specify in Attachment 1 each File No. it seeks to
    retain in its own name. Label your response "Answer to Question 13."
    Note: The assignor may retain any or all of its international Section 214 File Nos. In that case, the assignor will
    continue to hold the international section 214 authorizations that it specifies in response to this question. The ITC−
    ASG File No. that the Commission assigns to this application will, when granted, constitute Commission
    authorization of the proposed assignment of assets and /or customers from the assignor to the assignee. Unless
    Commission grant of the assignment application specifies otherwise, the assignee may provide the same services
    on the same routes as permitted under the assignor’s Section 214 authorization(s), and the assignee may provide
    such service to any customers it may obtain in the ordinary course of business.




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Applicant certifies that its responses to questions 21 through 25 are true:
 21. The assignee/transferee certifies that it has not agreed to accept special concessions directly or indirectly from a        Yes
 foreign carrier with respect to any U.S. international route where the foreign carrier possesses sufficient market
                                                                                                                            No
 power on the foreign end of the route to affect competition adversely in the U.S. market and will not enter into any
 such agreements in the future.


 22. By signing this application, the undersigned certify either (1) that the authorization(s) will not be assigned or                 Yes
 that control of the authorization(s) will not be transferred until the consent of the Federal Communications
                                                                                                                            No
 Commission has been given, or (2) that prior Commission consent is not required because the transaction is subject
 to the notification procedures for pro forma transactions under Section 63.24 of the rules. The assignee/transferee
 also acknowledges that the Commission must be notified by letter within 30 days of a consummation or of a
 decision not to consummate. (See Section 63.24(e)(4).)


 23. If this filing is a notification of a pro forma assignment or transfer of control, the undersigned certify that the               Yes
 assignment or transfer of control was pro forma and that, together with all previous pro forma transactions, does
                                                                                                                            No
 not result in a change in the actual controlling party.


 24. The undersigned certify that all statements made in this application and in the exhibits, attachments, or                         Yes
 documents incorporated by reference are material, are part of this application, and are true, complete, correct, and
                                                                                                                            No
 made in good faith.


 25. The assignee/transferee certifies that neither it nor any other party to the application is subject to a denial of                Yes
 Federal benefits pursuant to Section 5301 of the Anti−Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a
                                                                                                                            No
 conviction for possession or distribution of a controlled substance. See Section 1.2002(b) of the rules, 47 CFR §
 1.2002(b), for the definition of "party to the application" as used in this certification.




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           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                 (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).



CERTIFICATION
26. Printed Name of Assignor / Transferor                                  29. Printed Name of Assignee / Transferee
Scott E. Beer                                                              Jeff K. Swickard
27. Title (Office Held by Person Signing)                                  30. Title (Office Held by Person Signing)
Vice President and General Counsel                                         President
28. Signature (Enter the name of the person who will sign the paper        31. Signature (Enter the name of the person who will sign the paper
version of this form for retention in their files)                         version of this form for retention in their files)
Scott E. Beer                                                              Jeff K. Swickard

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Document Created: 2019-04-19 02:57:17
Document Modified: 2019-04-19 02:57:17

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