Attachment Attachment 1

This document pretains to ITC-ASG-20190607-00118 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2019060700118_1721998

                                            KELLEY DRYE & W ARREN                                LLP
                                                     A LI MIT E D LIA BI LIT Y P ART NER SHI P




                                            WASHI NGT ON HARBOUR, SUIT E 400
   NEW    YO RK,     NY                                                                                       F ACSIM I LE

 LOS    A NGE LES,       CA
                                                    3050 K STREET , NW                                     ( 202)   342 - 8451

    CHI CAGO,      I L                           WASHI NGT ON, DC 2000 7                                   www.kelleydrye.com

   S TAM FORD,       CT

  P A RSI PP A NY,       NJ
                                                           (202) 342-8400


B RUS SE LS,   BE LGI UM



    AFFILIATE OFFICE

    MUMBAI, INDIA




                                                            June 7, 2019

    Via IBFS and ECFS
    Marlene Dortch
    Secretary
    Federal Communications Commission
    445 12th Street SW
    Washington, DC 20554

               Re:            Notice of Pro Forma Assignment Resulting from Chapter 11 Petition filing by
                              Fusion Connect, Inc. and its subsidiaries
                              (ITC-214-19971001-00592)


    Dear Ms. Dortch:

            Fusion Connect, Inc. (“Fusion Connect”), and its wholly-owned subsidiaries identified
    herein, (collectively the “Fusion Companies”), hereby notify the Federal Communications
    Commission (“Commission”), pursuant to Sections 63.03(d)(2) and 63.24(g) of the
    Commission’s rules, that on June 3, 2019, the Fusion Companies filed a Petition under Chapter
    11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of
    New York (Case No. 19-11811).1 The Petition filing converted the Fusion Companies’ legal
    statuses to debtor-in-possession but did not result in any changes to their service operations or
    the rates and terms of their service offerings.

            The Fusion Companies filed for Chapter 11 protection in order to restructure their capital
    structure. Following completion of the proposed restructuring, the Fusion Companies expect to
    emerge as financially stronger companies, well positioned to continue providing their
    comprehensive and innovative cloud-based services. Importantly, the filing of the Petition does
    not reflect, or result in, any immediate changes to the Fusion Companies’ current operations.
    The Fusion Companies will continue to serve their customers on an uninterrupted basis and the
    Chapter 11 filing does not in any way alter the rates, terms and conditions under which they
    provide those services to their customers. Exceptional customer service remains a priority as the

    1
         Additional information regarding the filing can be found at https://ir.fusionconnect.com/press-
         releases/detail/480/fusion-takes-action-to-enhance-capital-structure-and


                            KELLEY DRYE & WARREN            LLP




Ms. Marlene Dortch
June 7, 2019
Page Two


Fusion Companies continue to fulfill their commitments to customers, employees, agents and
key vendors.

       In support of this filing, the information required by Commission Rules 63.03(d)(2) and
63.24(f)(2) is as follows:

(a)    The contact name, address and telephone number of each of the Fusion Companies:
              Fusion Connect, Inc.
              Fusion Cloud Services, LLC
              Fusion Communications, LLC
              Fusion Telecom of Kansas, LLC
              Fusion Telecom of Missouri, LLC
              Fusion Telecom of Oklahoma, LLC
              Fusion Telecom of Texas Ltd., L.L.P.
              Fusion, LLC

       The address and telephone number for each of the Fusion Companies is as follows:

              420 Lexington Avenue, Suite 1718
              New York, New York 10170
              Tel: (212) 201-2425

(b)    The States under which the Fusion Companies are organized:

              Fusion Connect, Inc. is a Delaware Corporation.
              Fusion Cloud Services, LLC is a Georgia limited liability company.
              Fusion Communications, LLC is a Delaware limited liability company.
              Fusion Telecom of Kansas, LLC is a Kansas limited liability company.
              Fusion Telecom of Missouri, LLC is a Delaware limited liability company.
              Fusion Telecom of Oklahoma, LLC is a Delaware limited liability company.
              Fusion Telecom of Texas Ltd., L.L.P. is a Texas limited liability partnership.
              Fusion LLC is a New Jersey limited liability company.

(c)    Correspondence concerning this pro forma notice should be directed to:

              Winafred R. Brantl
              Denise N. Smith
              Kelley Drye & Warren, LLP
              3050 K St., NW, Suite 400
              Washington, D.C. 20007


                                KELLEY DRYE & WARREN              LLP




Ms. Marlene Dortch
June 7, 2019
Page Three


                  Tel: (202) 945-6649 (Brantl)
                       (202) 342-8614 (Smith)
                  Fax: (202) 342-8451
                  Email: wbrantl@kelleydrye.com
                         dsmith@kelleydrye.com

(d)       FCC Section 214 Authorizations:

          Fusion Connect holds blanket domestic Section 214 authority and was granted
          international Section 214 authority pursuant to IB File No. ITC-214-19971001-00592.
          Each of the following Fusion Connect wholly owned subsidiaries holds blanket domestic
          Section 214 authority and, pursuant to Section 63.21(h) of the Commission’s Rules,
          operates pursuant to Fusion Connect’s international Section 214 authorization:2

                  Fusion Cloud Services, LLC3
                  Fusion Communications, LLC
                  Fusion Telecom of Kansas, LLC
                  Fusion Telecom of Missouri, LLC
                  Fusion Telecom of Oklahoma, LLC
                  Fusion Telecom of Texas Ltd., L.L.P.
                  Fusion LLC


(h)       The following individuals and entities hold 10% or more of the direct or indirect interests
          in the Fusion Companies:
                  BCHI Holdings, LLC
                  3060 Peachtree St., NW, Suite 1065
                  Atlanta, GA 30305
                  Citizenship: United States
                  Principal Business: Holding Company
                  Percentage Interest: 100% (Attribution, through 60% direct interest in Fusion
                  Connect)


2
      See Fusion Connect, Inc. - FCC File No. ITC-214-19971001-00592, Letter Pursuant to Section
      63.21(h) (filed May 31, 2018); Fusion Connect, Inc. - FCC File No. ITC-214-19971001-00592, Letter
      Pursuant to Section 63.21(h) (filed June 1, 2018).
3
    Fusion Cloud Services also holds five common carrier fixed point to point microwave authorizations
    (call signs WPSJ472, WPSK348, WPSK349, WPSK350, WPSK351) and one wireless license for
    operations in the 3650-3700 MHz band (call sign WQLW960). Fusion will be submitting the
    necessary filings to address these licenses.


                           KELLEY DRYE & WARREN             LLP




Ms. Marlene Dortch
June 7, 2019
Page Four


             GG Telecom Investors, LLC
             3060 Peachtree St., NW, Suite 1065
             Atlanta, GA 30305
             Citizenship: United States
             Principal Business: Holding Company
             Percentage Interest: 100% (Attribution, through 69.9% direct interest in BCHI)

             Holcombe T. Green, Jr.
             3060 Peachtree St., NW, Suite 1065
             Atlanta, GA 30305
             Citizenship: United States
             Principal Business: Entrepreneur
             Percentage Interest: 100% (Attribution, through 66.5% direct interest in GG
             Telecom Investors, LLC)

             R. Kirby Godsey
             3060 Peachtree St., NW, Suite 1065
             Atlanta, GA 30305
             Citizenship: United States
             Principal Business: Investor
             Percentage Interest: 33.5% (Attribution, through 33.5% direct interest in GG
             Telecom Investors, LLC)

             No other entity or individual holds a 10% or greater direct or indirect equity or
             voting interest in Fusion Connect.


                            KELLEY DRYE & WARREN          LLP




Ms. Marlene Dortch
June 7, 2019
Page Five



Interlocking Directorates
        Fusion Connect’s wholly-owned subsidiary, Primus Management ULC (“Primus”), is a
British Columbia unlimited liability company authorized to provide local exchange, long
distance, and Internet access services in Canada. The following individuals serve in the
identified positions for both Fusion Connect and Primus.


                Name                            Title

Matthew D. Rosen                  Chief Executive Officer

Russell Markman                   President and Chief Operating Officer

Keith Soldan                      Chief Financial Officer and Principal Accounting
                                  Officer

Dan Foster                        Chief Revenue Officer

James P. Prenetta, Jr.            Executive Vice President and General Counsel
                                  and Assistant Secretary

Philip D. Turits                  Corporate Secretary

Jan Sarro                         Executive   Vice          President,    Corporate
                                  Communications

Brian George                      Chief Technology Officer

Kevin Brand                       Senior Vice President, Customer Experience

Joe Haines                        Senior Vice President, Operations

Tadashi Egami                     Senior Vice President, Account Management &
                                  Sales Enablement

Kelly Beckner                     Vice President,       Human      Resources   and
                                  Administration

Derek Heins                       Vice President, Finance


                           KELLEY DRYE & WARREN             LLP




Ms. Marlene Dortch
June 7, 2019
Page Six


Brian Coyne                        Vice President – Corporate Development and
                                   Investor Relations

Doug Gillespie                     Vice President, Voice Engineering

Rod Brownridge                     Vice President, Technical Support

Tim Gallagher                      Vice President, Network Engineering & Planning

Katia Goforth                      Vice President, Network Engineering & Planning

Shane Smith                        Vice President, IT Systems

Wendy Astudillo                    Vice President, Service Delivery

Kelli Pruet                        Vice President, Tax

Pamela Hintz                       Vice President, Regulatory Compliance

Birch Blair                        Vice President and Deputy General Counsel

Jon Kaufman                        Chief Strategy Officer

Bryan Balog                        Vice President of Treasury

Scott Smith                        Vice President, Financial Planning & Analysis

Ricardo Zertuche                   Vice President, Corporate Controller

Tosha Cornalli                     Vice President, Service Delivery

Mr. Soldan and Mr. Prenetta also will serve as Directors for Primus Management ULC.


                               KELLEY DRYE & WARREN            LLP




Ms. Marlene Dortch
June 7, 2019
Page Seven


          Please contact the undersigned counsel should there be any questions regarding this
matter.


                                                  Respectfully submitted,




                                                  Denise N. Smith
                                                  Winafred Brantl
                                                  Kelley Drye & Warren LLP
                                                  3050 K Street, NW
                                                  Suite 400
                                                  Washington, D.C. 20007

                                                  Counsel for Fusion Connect, Inc., Fusion Cloud
                                                  Services, LLC, Fusion Communications, LLC,
                                                  Fusion Telecom of Kansas, LLC, Fusion
                                                  Telecom of Missouri, LLC, Fusion Telecom of
                                                  Oklahoma, LLC, Fusion Telecom of Texas Ltd.,
                                                  L.L.P., and Fusion LLC


5



Document Created: 2019-06-07 15:42:11
Document Modified: 2019-06-07 15:42:11

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