Attachment 20170907113022-310.p

20170907113022-310.p

SUPPLEMENT

Supplement

2006-01-24

This document pretains to ITC-ASG-20060124-00123 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2006012400123_1627816

Pro Forma ITC—ASG—20060124—00123 lonex Communications South, Inc., Debtor—in—Possession SskKappENn, Arps, SLate, MEAGHER & FLOM LLP 1440 NEWYORK AVENUE, N.W. rinm/arFitiate orrices WASHINGTON, D.C. 20005—2111 sceics DiRECT Diat. e Houston 202—37 1—7604 TEL: (20‘2) 371—7000 »LOS_ANGELES oeer ns rax: (202) se03—5760 — AuoRurg 23 EMAIL l,,fil)mf www.skadden.com S‘m:m:“ggfo BWEIMER@SKADDEN.COM Mnb BEIJING BRUSSELS FRANKFURT HONG KONG LONCON moscow _ MUNICH January 24, 2006 PAR‘|S SINGAPORE SYDNEY TOKYO TORONTO p y VIENNA BYHANDDELIVERY RECEIVED Ms. Marlene H. Dortch, Secretary 3 Federal Communications Commission JAN 2. 4 2006 445 12th Street, S.W. 20e Pederetho jestions Camnll + ~th " _ * mmun immission 2 Street Lobby, TW—A325 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 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 of the 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 proforma 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 proforma 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, Birch provides the following information: (a) Name, Address and Telephone Number of the Parties Traniferor Name: Birch Telecom, Inc. Address: 2300 Main Strect, 5"" Floor Kansas City, MO 134108 Telephone: (816) 300—3000 Name: Birch Telecom, Inc., Debtor—i1—Possession Address: 2300 Main Street, 6Floor Kansas City, MO 64108 Telephore: (816) 300—3000 (b) State of Incorporation Birch Telecom and Birch DIP are org mmized under he 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 Couns »1 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 holding International Section 214 authorizations have been authorized to provide facilities—based and resale intern: itional telecommunications services. (e) Shareholders Owning Ten Percent or More 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 Section 214 authorization is either directly or indirectly owned and controlled by Birch DIP. There are no shareholders of Birch DIP ow:ring ten ‘percent or more of the compan y. If you have any questions concerning this submission, please con act the undersigned at (202) 371—7000. Sincerely, A}$ {[s_ Brian D. Weimer Counsel to Birch DIP ge: David Krech, Federal Communications Commission

Exhibit A BIRCH TELECOM International Section 214 Authorizations: 1. 1PC—214—19990701—00441 a. Issued to: Birch Telececm of Misscuri, Inc. (D.3) t. The following companies are parties to this 214: 1. Birch Telecom of K:ansas, Inc. (KS) 2. Birch Telecom of Texas Ltd., L.L.P. (TX) 3. Duin & Associates, Inc. d/b/a Boulevard P 10ne Company (€S) 2. ITC—214—20010418—00248 a. Issuedto: Birch Telecom of Oklahoma, :Inc. (1)E) b. The following companies are parties to this 214: 1. Birch Telécom of the Great Lakes, Inc. (DE) 2. Birch Telecom of the South, Inc. {(DE) 3. Birch Telecom of the West, Inc. (DF) 3. ITC—214—19980312—00187 Issued to: Tonex Communications, Inc. (KS) 4. JTC—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 B 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 therem, together with all other previous proforma transactions, do no result inchange a in actual control ofBirch Telecom, Inc. or any of its subsidiar‘es. (Transferee) Birch Telecom, Inc., Del to:it —Possession | l By: ‘é%d;ém hen Gregory C¢ LaWhon | ChiefExecutive Officer Birch Telecom, Inc., Debtor—it «Possession Tel: (816) 300—2000 _ Fax: (816) 300—3247 E—mail: glawhon@birch.com Dated: 'January 24, 2006 §61113—0.C. Server 1A — MSW


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Document Modified: 2019-05-22 15:48:37
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