Fusion Connect-Telec

SUPPLEMENT submitted by Fusion Connect, Inc., Debtor-In-Possession

Fifth Supplement

2019-10-11

This document pretains to ITC-ASG-20190724-00136 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2019072400136_1954783

                                        October 11, 2019



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

        Re:    In the Matter of Application of Fusion Connect, Inc., Debtor-in-Possession
               and Telecom Holdings LLC For Consent to a Transaction That Will Result
               in a Change of Control of Companies Holding Domestic and International
               Authority Pursuant to Section 214 of the Communications Act of 1934, as
               Amended: Fifth Supplement to Application
               WC Dkt. No. 19-262
               IB Ref: ITC-ASG-20190724-00136

Dear Ms. Dortch:

        On July 24, 2019, Fusion Connect, Inc., debtor-in-possession (“Fusion Connect”) and

Telecom Holdings LLC (together with Fusion Connect, the “Applicants”) filed the above-

referenced application (the “Application”) with the Federal Communications Commission (the

“Commission”) for approval of a transfer of control of Fusion Connect and each of its

subsidiaries that holds a Section 214 telecommunications license1 (the “Transaction”). The

Fusion Companies’ Chapter 11 Plan of Reorganization (the “Plan”) and Disclosure Statement,

submitted in pre-final form as Exhibit B to the Application, proposed the reorganization

transaction for which approval is sought in the Application.2



1   Fusion Connect and these subsidiaries (collectively, the “Fusion Companies”) each
    commenced with the United States Bankruptcy Court for the Southern District of New York
    (the “Bankruptcy Court”) a voluntary case under chapter 11 of title 11 of the United States
    Code. In re Fusion Connect, Inc., et al., Debtors, Case No. 19-11811 (Bankr. S.D.N.Y. Jun.
    3, 2019).
2   On September 5, 2019, the Applicants filed copies with the Commission of an Amended
    Chapter 11 Plan of Reorganization and Disclosure Statement. (Second Supplement to


       On October 7, 2019, Fusion Connect filed a Second Amended Chapter 11 Plan of

Reorganization and an associated Amended Disclosure Statement with the Bankruptcy Court.

On that same date, the Bankruptcy Court order approving the Disclosure Statement and

establishing additional procedural elements was entered. The Applicants note that these filings

do not result in any material change to the content of the Application, particularly the

Description of Transaction and Public Interest Statement, and submit this filing to provide the

Commission with a copy of these materials.

                                             Respectfully submitted,


       FUSION CONNECT, INC.                             TELECOM HOLDINGS LLC

        /s/ Winafred R. Brantl                             /s/ Wayne D. Johnsen
       Edward A. Yorkgitis, Jr.                          Wayne D. Johnsen
       Winafred R Brantl                                 Wiley Rein LLP
       Kelley Drye & Warren LLP                          1776 K Street NW
       3050 K Street, NW, Suite 400                      Washington, DC 20006
       Washington, DC 20007                              wjohnsen@wileyrein.com
       cyorkgitis@kelleydrye.com                          Its Attorneys
       wbrantl@kelleydrye.com
       Its Attorneys




   Application.) On September 20, 2019, the Applicants filed a revised Amended Chapter 11
   Plan of Reorganization and certain exhibits to the Amended Disclosure Statement which had
   been submitted to the Bankruptcy Court. (Fourth Supplement to Application.)



Document Created: 2019-10-11 23:46:53
Document Modified: 2019-10-11 23:46:53

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