Attachment Attachment 1

This document pretains to ITC-ASG-20190410-00101 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2019041000101_1651188

Sheppard, Mullin, Richter & Hampton LLP 2099 Pennsylvania Avenue, NW, Suite 100 Washington, D.C. 20006-6801 202.747.1900 main 202.747.1901 fax www.sheppardmullin.com Brian D. Weimer 202.747.1930 direct bweimer@sheppardmullin.com April 10, 2019 File Number: 67LT-296093 VIA IBFS Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street SW Washington, DC 20554 Re: CCI Network Services, LLC Notification of Pro Forma Assignment –– FCC File No. ITC-214-19980120-00026 Dear Ms. Dortch: CCI Network Services, LLC (“CCI”), by its undersigned counsel submits this Notice of Pro Forma Assignment, pursuant to Section 63.24(d) of the Federal Communications Commission’s (the “Commission”) rules.1 CCI holds global, facilities-based and resold international Section 214 authority, File No. ITC- 214-19980120-00026 (the “International Section 214 Authorization”). By this pro forma submission, CCI is providing the Commission notice of a transaction (the “Transaction”) whereby Creative Communications, Inc. (“Creative”) assigned its international Section 214 authorization to CCI, a commonly owned and controlled affiliate.2 The Transaction does not result in a change of control of the International 214 Authorization. Creative had two 50% shareholders: David Christenholtz and Chris Nottolli, with Mr. Nottolli serving as President, controlling day-to-day operations, and exercising de facto control. Although Mr. Nottolli owns slightly less than 50% of the voting interest of CCI, he currently 1 47 C.F.R. § 63.24(d). 2 CCI was created in 2003 and begin providing services shortly thereafter. As appropriate, CCI requests a waiver of the Commission’s requirement that an international Section 214 authorization holder notify the Commission of a pro forma assignment within 30 days of consummation of such assignment. See 47 C.F.R. § 63.24(f)(2). The failure to file the required notification was an inadvertent, administrative oversight and CCI apologizes for the failure to timely file this notification.

Marlene H. Dortch April 10, 2019 Page 2 exercises the same de facto control as CCI’s founder and manager.3 As a result, The Transaction is “an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interest.”4 Therefore, the Transaction constitutes a pro forma assignment pursuant to Section 63.24 of the Commission’s rules.5 As required by Section 63.24(f)(2) of the Commission’s rules, CCI provides the following information required by Sections 63.18(a) through (d) and (h) of the Commission’s rules.6 Section 63.18(a): Name, address and telephone number of each applicant: CCI Network Services, LLC (Assignee) Creative Communications, Inc. (Assignor) 155 North 400 West Suite 100 Salt Lake City, UT 84103 Tel: 801-994-4100 Section 63.18(b): Organization of each applicant: Assignor was a Utah corporation. Assignee is a Utah limited liability company. Section 63.18(c): Correspondence concerning this filing should be sent to: Brian D. Weimer Sheppard Mullin Richter & Hampton LLP 2099 Pennsylvania Ave NW, Suite 100 Washington, DC 2006 Tel: 202-747-1930 E-mail: bweimer@sheppardmullin.com Section 63.18(d): The International Section 214 Authorization provides authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the Commission’s rules and also to provide global resale service in accordance with Section 63.18(e)(2) of the Commission’s rules.7 3 The Commission has long held that control is “not limited to…de jure control (ownership of over 50% of the corporation’s stock), but can include situations of control ‘in fact’ (de facto control), regardless of the amount of stock owned.” See McCaw Cellular Communications Inc., et al., Memorandum Opinion and Order, 4 FCC Rcd 3784 ¶ 33 (1989); see also Applications of Softbank Corp., Starburst II, In., Sprint Nextel Corporation, and Clearwire Corporation, Memorandum Opinion and Order, Declaratory Ruling, and Order on Reconsideration, 28 FCC Rcd 9642, 9702 ¶¶ 144-149 (discussing Sprint’s failure to gain de facto control over Clearwire, making pro forma treatment appropriate). 4 47 C.F.R. § 63.24(d). 5 Id. at § 63.24. 6 Id. at § 63.18(a)-(d) and (h). 7 Id. at §§ 63.18(e)(1), (e)(2).

Marlene H. Dortch April 10, 2019 Page 3 Section 63.18(h): The name, address, citizenship, and principal business activity of any person having a ten percent or greater interest in CCI is included in Attachment 1. CCI hereby certifies that the Transaction was pro forma and that, together with all previous pro forma transactions, did not result in a change in the ultimate control of the International Section 214 Authorization. Kindly contact the undersigned with any questions regarding this notification. Very truly yours, /s/ Brian D. Weimer Brian D. Weimer for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Attachments

CERTIFICATION On behalf of CCI Network Services, LLC, I hereby certify that the foregoing Notification was prepared under my direction and control. I further certify that all statements therein are true, complete, and correct to the best of my knowledge, information, and belief. I certify under penalty of perjury that the foregoing is true and correct. Executed this 10th day of April, 2019. /s/ Jeff Parson___________ Jeff Parson Chief Operating Officer CCI Network Services, LLC

Attachment 1 Answer to Question 11 Chris Gose (U.S.) Address: 5990 S 2300 E Holladay, UT 84121 Principal Business Activity: Individual Michelle McDonough (U.S.) Address: 5990 S 2300 E Holladay, UT 84121 Principal Business Activity: Individual Chris Nottoli (U.S.) Address: 155 North 400 West Suite 100 Salt Lake City, UT 84103 Principal Business Activity: Individual Olivia Nottoli (U.S.) Address: 155 North 400 West Suite 100 Salt Lake City, UT 84103 Principal Business Activity: Individual GoWest Enterprises 1, Inc. (U.S.) Address: 5990 S 2300 E Holladay, UT 84121 Principal Business Activity: Investment Vehicle CGN Holdings, LLC (U.S.) Address: 155 North 400 West Suite 100 Salt Lake City, UT 84103 Principal Business Activity: Holding Company CGN Investments, LLC (U.S.) Address: 155 North 400 West Suite 100 Salt Lake City, UT 84103 Principal Business Activity: Investment Vehicle A-1

A-2


Document Created: 2019-04-10 21:11:25
Document Modified: 2019-04-10 21:11:25
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC