Attachment 20170907112508-797.p

20170907112508-797.p

SUPPLEMENT

Supplement

2006-01-24

This document pretains to ITC-ASG-20060124-00121 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2006012400121_1627811

                                                                                                Pro Forma             ITC—ASG—200606124—00121
                                                                                                lonex Communications, Inc., Debtor—in—Possessic




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            BY HAND DELIVERY                                                          RECEIVED
            Ms. Marlene H. Dortch, Secretary
            Federal Communications Commission                        .                   JAN 2 4 2006
            445 12th Street,
                       ce S.W.                ,                  s       C        Federal Communications Commission
            12" Street Lobby, TW—A325                                                                      mm
                                                                                          Office of Secretary
            Washington, DC 20554

                                   Re:     Birch Telecom, Inc., Notification ofPro Forma Assignment and
                                           Transfer of Control of International Section 214 Authorizations

            Dear Ms. Dortch:

                                   Pursuant to Section 214 of the Communications Act of 1934, as amended,
            and Section 63.24(d) and Section 63.24 (f) of the Commission‘s rules, Birch Telecom, Inc.
            ("Birch Telecom"), by undersigned counsel, hereby notifies the Commission that the _
            company and all ofits subsidiaries filed voluntary petitions for bankruptcy protection _
            under Chapter 11 of the U.S. Bankruptcy Code on August 12, 2005. Accordingly, Birch
            Telecom now operates as Birch Telecom, Inc., Debtor—in—Possession ("Birch DIP") and _
            each of Birch Telecom‘s subsidiaries also has been accorded Debtor—in—Possession status.‘
            Given that the bankruptcy filing did not result in a change in the ultimate ownership or
            control of Birch Telecom, however,the transaction resulted only in a proforma
            assignment and proforma transfer of control of the international Section 214
            authorizations held by the relevant Birch Telecom subsidiaries."

                            Attached hereto as Exhibit B is a certification that the assignment and
            transfer of control were.proforma and that, together with all previous proforma


            !       Attached hereto as Exhibit A is a list ofthe international Section 214 authorizations impacted by the
                    Birch Telecom bankruptcy and the subsidiary to which each international Section 214 authorization has
                    been issued.

           >        Each international Section 214 authorization underwent a pro forma assignment from the relevant
                    subsidiary to that same subsidiary as Debtor—in—Possession. In addition, each subsidiary holding an
                    international Section 214 authorization underwent an indirect pro forma transfer of control from Birch
                    Telecom to Birch DIP. The transfer of control is pro forma because the shareholders of Birch Telecom
                    and Birch DIP are identical.


    Ms. Marlene H. Dortch
    January 24, 2006
    Page 2


    transactions, did not result in a change in the actual controlling party. In addition,
    pursuant to Section 63.24(f)(2)(i) of the Commission‘s rules, B:rch provides the following
    information:

    (a)         Name, Address and Telephone Number of the Parties

               Triinsferor
               Naine:             Birch Telecoin, Inc.
               Address:           2300 Main Street, 6°" Icor
                                  Kansas City, MO 64108
               Telsphone:         (816) 300—3000

               XTransferee
               Name:              Birch Telecorn, inc., Detitor—in—Possession
               Address:           2300 Main Street, 6°" : "loor
                                  Kansas City, MO 64108
               Teleptone:         (816) 300—3000

    (b)        State of Incorporation

                        Birch Telecom and Birch DIP are orgianized under the laws of the state of
    Delaware.*

    (c)        Contact Information

                        Correspondence concerning this notice should be sent to:

                                 Gregory C. Lawhon
                                 Chief Executive Officer and General Counsel
                                 Birch Telecom, Inc.
                                 2300 Main Street, 6*" Floor
                                 Kansas City, MO 64108
                                 (816) 300—3000

                        with a copy addressed to:

                                 Brian D. Weimer
                                 Skadden, Arps, Slate, Meagher & Flom LLP
                                 1440 New York Avenue, N.W.
                                 Washington, D.C. 20005—2111
                                 (202) 371—7604




3
          Exhibit A lists the state of incorporation for each of the Birch Telecom subsidiaries that hold an
          international Section 214 authorization.


Ms. Marlene H. Dortch
January 24, 2006
Page 3


(d)     Description of International Facilities and Services Authorized as to the
        Transferee/Assignee

               The Birch Telecom subsidiaries holding International Section 214
authorizations have been authorized to provide fazilities—based and resale international
telecommunications services.

(e)     Shareholders Owning Ten Percent or Mlore of Birch DIP‘s Equity and the
       Percentage of Equity Owned (to the Nearest One Percent)

               Each of the Birch DIP subsidiaries holding an international Secticn 214
      authorization is either directly or indirectly owned and controlled by Birch DIP.
      There are no shareholders of Birch DIP owning ten percent or more of the compan:.


               If you have any questions concerning this submission, please contact the
undersigned at (202) 371—7000.

                                      Sincerely,   /



                                     Brian D. Weimer
                                     Counsel to Birch DIP


ce:    David Krech, Federal Communications Commission


                                                                         Exhibit A


                                  BIRCH TELECOM

International Section 214 Authorizations:

1.     1[TC—214-1.9990701—00441

       a.      Issuedto:      Birch Telecom of Missouri, Inc. (DE)

       B.      The following companies are parties to this 214:

               1.     Birch Telecom of Kansas, Inc. (KS)

               2.     Birch Telecom of Texas Ltd., L.L.P. (TX)

               3.     Dunn & Associates, Inc. d/b/a Boulevard Phone Company (KS)

      ITC—214—20010418—00248
      a.      Issued to:     Birch Telecom of Oklahoma, Inc. (DE)

      b.      The following companies are parties to this 214:

              1.     Birch Telebom of the Great Lakes, Inc. (DE)

              2.     Birch Telecom of the South, Inc. {DE)

              3.     Birch Telecom of the West, Inc. (DFE)

      ITC—214—19980312—00187

      Issued to:     Ionex Communications, Inc. (KS)

      ITC—214—19980211—00098

      Issued to:     Tonex Communications North, Inc. (SD)

      ITC—214—1998317—00192

      Issued to:     Tonex Communications South, Inc. (TX)

      ITC—214—19980330—00209

      Issued to:     Telecom Resources, Inc. (TX)


                                                                                  Exhibit



                                       CERTIFICATION

                      The undersigned has reviewed the foregoing Notification ofPro Forma
 Assignmentand Transfer ofControl ofInternational Section 214 Authorizations and
 hereby certifies that the proforma assignments and transfers of control described
 therein, together with all other previous proforma transacuons, do no result inchange
                                                                                 a
 in actual control of Birch Telecom, Inc. or any of its subsid laries,

                                          (Transferee)
                                          Birch Telecom, Inc., l Jebto —i; —P ossession

                                            |              e
                                          By: fi%y_&éué@w
                                          Gregory C LaWhon
                                          ChiefExecutive Offic er
                                          Birch Telecom, Inc., Debtor—in —Possession
                                          Tel: (316) 300—2000 _
                                          Fax: (816) 300—3247
                                          E—mail: glawhon@birch.com

                                          Dated:    January 24, 2006




661133—0.C. Server 1A — MSW



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Document Modified: 2019-05-08 12:40:48

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