Attachment 20170907112706-653.p

20170907112706-653.p

SUPPLEMENT

Supplement

2006-01-24

This document pretains to ITC-ASG-20060124-00122 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2006012400122_1627814

Pro Forma ITC—ASG—20060124—00122 lonex Communications North, Inc., Debtor—in—Possession SskappEen, Arps, Scate, MEaAGHER a rLOm LLP 1440 NEW YORK AVENUE, N.W. rinm/arritiarte orrices 5 WASHINGTON, y & D.C. 20005—2111 ‘ Boston rcazo DirEctDiat e Houston 202—37 1—7804 TEL: (202) 371—7000 Los ancELEs NEW YORK D'Z'EGC" fg( a FAx: (202) 393—5760 + . PALB Altro 202—6 D42 7 EMAIL wmss; www.skadden.com E‘flflmffif;$§§° BWEIMER@SKADDEN.COM Hetks BEIJING BRUSSELS FRANKFURT HONG KONG LONDON MOscow MUNICH Jamuary 24, 2006 PARIS SINGAPORE SYDNEY TOKYO TORONTO VIENNA BY HANDDELIVERY RECEIVED Ms. Marlene H. Dortch, Secretary Federal Communications Commission _ JAN 2. 4 2006 445 12th Street, S.W. e Pederg! Communt Cimnis 12Street Lobby, TW—A325 Office of Secratary._ 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 of its 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, Rirch provides the following information: (a) Name, Address and Telephone Number 0:‘ the Parties Transferor Name: Birch Telecom, In:. Address: 2300 Main Street, 6°" Floor Kansas City, MO 6410#3 Telephone: (816) 300—3000 Transferee Name: Birch Telecom, Inc., Debtor—in—Possession Address: 2300 Main Street, 6°" Floor Kansas City, MO 64108 Telephone: (816) 300—3000 (b) State of Incorporation Birch Telecom and Birch DIP are org anized under the laws ofthe state of Delaware.* (c) Contact Information Correspondence concerning this notice should be s ant to: Gregory C. Lawhon Chief Executive Officer and General Coun: el 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, NW. 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 helding International Section 214 authorizations have been authorized to provide faiilities—based and resale international telecommunications services. (e) Shareholders Owning Ten Percent or V ore of Birch DIP‘s Equity and the Percentage of Equity Owned (to the Ne: rest One Percent) Each of the Birch DIP subsidiaries holding an international Section 214 authorization is either directly or indirectly cwned and controlled by Birch DIP. There are no shareholders of Birch DIP owning ten percent or more of the company. If you have any questions concerni1g this subrnission, please cont act the undersigned at (202) 371—7000. Sincerely, —, Brian D. Weimer Counsel to Birch DIP ce: David Krech, Federal Communications Commission

Exhibit A BIRCH TELECOM InternationalSection214Authorizations: 1. EPC—214—19990701—00441 a. Issuedto: Birch Telecom of Missouri, Inc. (D]}) b. The following companies are parties to this 214: 1. Birch Telecom of Knsas, Inc. (KS) 2. Birch Telecom of Texas Lid., L.L.P. (TX) 3: Duiin & Associates, Inc. d ‘b/a Boulevard Plione Compapy (KS) 2. ITC—214—20010418—00248 a. Issuedto: Birch Tslecom of Oklahoma, Inc. (D‘E) b. The follow ng companies are parties to this 2 :14: 1: Birch Telécom of the Great Lakes, Inc. (DE) 2. Birch Telecom of the South, Inc. {DE) 3+ Birch Telecom of the West, Inc. (DE) 3. ITC—214—19980312—00187 Issued to: Tonex Communications, Inc. (KS) 4. ITC—214—19980211—00098 Issued to: Tonex Communications North, Inc. (SD) 5. ITC—214—1998317—00192 Issued to: Tonex Communications South, Inc. (TX) 6. 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 proformatransactions, do no result inchange a in actual control ofBirch Telecom, Inc. or any of its subsidiaries. (Transferes) Birch Telecom, Inc., C eb or—in—Pc ssession By %Lfiifiz&égv Gregory C* LaW 1on ChiefExecutive Officer Biurch Telecom, : nc., C ebtor—in— Possession Tel: (816) 300—3 300 . 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: 2019-05-31 05:34:39
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