10 13 09 Eastern Kan

SUPPLEMENT submitted by Eastern Kansas Holdings, Inc.

10 13 09 Eastern Kansas App Supp

2009-10-13

This document pretains to ITC-ASG-20050405-00140 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2005040500140_748534

WoOoOps AITKEN LINCOLN OFFICE Sutre 500 Lo& L P 301 SoutH 1378 Steeet Lmcorn, NEBRASKA 68508—2578 SUITE 200 TELEPHONE 402—437—8500 2154 WISCONSIN AVENUE, NW Fax 402—437—8558 WasHnGTon, D.C. 20007 TELEPHONE 202—944—9500 OMAHA OFFICE FAX 202—944—9501 Surre 525 10250 Reaency Circrr wow.woodsaitken.com OmaRA, NEBRASKA 681 14—3754 THOMAS J. MOORMAN TELEPHONE 402—898—7400 FAx 402—898—7401 Direct Dial; 202—944—9502 E—Mail: tmoorman@woodsaitken.com Admitted to practice only in the District of Columbia October 13, 2009 E—FILING VIA IBFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street SW, Room TW—B204 Washington, DC 20554 Re: Supplement to Eastern Kansas Holdings, Inc., International Section 214 Assignment Application, Granted June 10, 2005 (ITC—AS$G—20050405—00140) Of Original Grant, File No. International 214 Authority — ITC—214—20000310—00140 Dear Ms. Dortch, Attached please find a supplement to the application noted above. Please direct any inquiries concerning this matter to the undersigned. Respectfully submitted, Alagu? Rtttttisy Thomas J. Moorman Attachment

Supplement to Eastern Kansas Holdings, Inc. International Section 214 Assignment Application Granted June 10, 2005 (ITC—ASG—20050405—00140) of Original Grant, File No. International 214 Authority — ITC—214—20000310—00140 Page 1 of 2 This supplement is being filed to correct certain ownership information regarding the authorization holder, Eastern Kansas Holdings, Inc. (‘Eastern Kansas”).1 After the grant of the initial assignment application to Eastern Kansas, the ultimate owners of Eastern Kansas, American Broadband Communications, LLC ("American Broadband") and Signal Equity Partners II, L.P. ("Signal") formed American Broadband Acquisition Corporation ("ABAC") on June 9, 2005 and ABB Holdco, Inc. ("Holdco") on June 16,2005. American Broadband and Signal formed ABAC and Holdco in order to create the corporate structure for the acquisition of Eastern Kansas and other planned acquisitions. Prior to the consummation of the transaction associated with Eastern Kansas, on June 17, 2005, Eastern Kansas became a wholly owned subsidiary of ABAC, a U.S. corporation organized under the laws of the State of North Carolina. ABAC, in turn, is 100% owned by ABB Holdco, Inc. ("Holdeo"), a U.S. corporation organized under the laws of the State of Delaware. The 10% or greater shareholders of Holdco are American Broadband Communications, LLC ("American Broadband") (49%) (a U.S. limited liability company organized under the laws of the State of Delaware) and Signal Equity Partners II, LP. ("Signal") (27%) (a U.S. limited partnership organized under the laws of the State of Delaware) 2 As discussed below, the omission of not providing apro forma notification of the corporate hierarchy of Eastern Kansas did not affect its reported ultimate ownership. Rather, the introduction of Holdco and ABAC introduced two intermediate corporate entities that are successive, wholly owned subsidiaries respectively of the ultimate owners of Eastern Kansas, American Broadband and Signal. As such, Eastern Kansas submits that the transfer was pro \forma in that it was part of a "transfer from a corporation to wholly—owned direct or indirect subsidiary thereof or vice versa. . . ." 47 C.F.R. §63.24(d) Note 2. Moreover, the omission of the existence of Holdco and ABAC did not change the ultimate control of Eastern Kansas that continued to reside in Signal as explained below As of June 11, 2007 and with respect to American Broadband, Patrick L. Eudy, a U.S. citizen and telecommunications executive, is the only member of American Broadband with successive multiplied interests of 10% or greater of the equity ownership in Eastern Kansas. ‘ As noted in the July 17, 2009 proforma assignment application, Eastern Kansas was merged into American Broadband Acquisition Corporation on December 31, 2008. * Signal also holds non—voting, preferred stock in Holdco.

Supplement to Eastern Kansas Holdings, Inc. International Section 214 Assignment Application Granted June 10, 2005 (ITC—ASG—20050405—00140) of Original Grant, File No. International 214 Authority — ITC—214—20000310—00140 Page 2 of 2 The only entity in Signal with successive multiplied interests of 10% or greater in Eastern Kansas is Garden House, LLC (a U.S limited liability company organized under the laws of the State of Delaware and whose principal business is investment), which owns a 58.9% limited partnership in Signal. Garden House, LLC, in turn, is owned 95% by Eliot Nolen, a U.S. citizen and investor. At the same time, however, Signal‘s operations are controlled by its General Partner, Signal Equity Advisors, II, LLC ("SEA IF). SEA—II owns a 2.94 percent interest in Signal. SEA—II owners of 10% or greater are each citizens of the United States and are Timothy P. Bradley (22.3%); Alfred J. Puchala, Jr. (22.3%); Christopher Nolen (19.6%); Malcom C. Nolen (19.6%) and Charles T. Lake II (11.2%). Finally, and with respect to Eastern Kansas, Signal seeks to update the ownership percentage it has in Holdco. Signal notes that in the original application of Eastern Kansas it was reported that Signal owned 51% of the ultimate ownership in Eastern Kansas. In fact, Signal‘s interest was and is 27% as reported herein. However, Eastern Kansas and Signal respectfully submit that the incorrectly stated percentage of Holdco that Signal owns was immaterial to the ultimate control of Eastern Kansas as that control remained in Signal. Specifically, Signal remained able to designate and has designated the majority of the Board of Directors of Holdco which, in turn, allowed Signal to designate those individuals that oversaw the day—to—day operations of Eastern Kansas.

DECLARATION I, Greg Killpack, President of American Broadband Acquisition Corporation (the "Company"), do hereby declare under penalties ofperjury that I have read the foregoing supplement, andthe information contained therein regarding the Company and its affiliates is true and accurate to the best of my knowledge, information, and belicf. Date: 74


Document Created: 2009-10-13 16:28:07
Document Modified: 2009-10-13 16:28:07
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