Attachment Pro Forma Petition ITC-ASG-INTR2019-00511

Attachment Pro Forma Petition

This document pretains to ITC-ASG-INTR2019-00511 for Assignment on a International Telecommunications filing.

IBFS_ITCASGINTR201900511_1631585

TABLE OF APPLICATION CONTENTS

Page
PETITION

I. INTRODUCTION 4
II. REQUEST FOR STREAMLINE PROCESSING 5
III. DESCRIPTION OF THE APPLICANTS & TRANSACTION 6

a. Hablax, Inc. (FL) 6
b. Fidel Garcia 6
c. Hablax Inc. (DE) 6

IV. TRANSFER IN THE PUBLIC INTEREST 7
V. 47 C.F.R. § 63.12 INFORMATION 8
VI. 47 C.F.R. § 63.18 INFORMATION 9
VII. CONCLUSION 12
VIII. VERIFCATION OF APPLICATION (Sole owner) 13
IX. CERTIFICATION OF APPLICANT – Hablax Inc. (DE) 14
X. DIAGRAM OF PRE-TRANSFER/POST TRANSFER OWNERHSIP 15

______________________________________________________________________________
Page 2

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
Hablax, Inc. FRN: 0027048479 )
(Licensee and Assignor) )
)
And ) File No.: ITC-214-20180104-00004
Hablax, Inc. FRN: 0028263747 ) FRN: 0027048479
(Assignee) )
)
)
Fidel Garcia FRN: 0028264232 )
(Assignor) )
)
)
Application for Pro Forma Assignment of )
International global resale )
Authority Pursuant to Section 214 of the )
Communications Act of 1934, as amended. )
____________________________________________________ )

Application

Hablax Inc., a Florida company (“Licensee”) (“Assignor”) with its sole stockholder Mr. Fidel
Garcia, (“Assignor(s)”), and together with Hablax, Inc., a Delaware company (“Applicant” and
“Assignee”), herein collectively called the "Applicants," hereby give notice of and request record
of a pro forma assignment of Licensee’s international authority pursuant to Section 214 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 214 et. al. (1982), and Section
63.18 of the Federal Communication Commission's (hereafter called “Commission”) Rules, 47
C.F.R. Section 63.18, in order to provide global or limited international resale services between
the United States and international points, under a new corporate holding structure. In support of
this application, the Applicants state as follows:

______________________________________________________________________________
Page 3

I. INTRODUCTION: Summary of the Contemplated Pro Forma Assignment

The Licensee is a telecommunications carrier that provides international telecommunications
services pursuant to authority by the Commission under ITC-214-20150219-00046. Hablax, Inc.
(FL) provides international telecommunications services on a Non-Interconnected VoIP basis to
the public. Licensee has operated since 01/26/2018. Shares of the Licensee are held by
Assignor, Mr. Fidel Garcia (hereinafter “Garcia”) who is a U.S. Citizen. Garcia is the sole
owners of Hablax, Inc. (Delaware) and now seeks to re-organize the structure of his holdings in
the telecommunications sector under a corporate structure wherein the Licensee will assign and
transfer to Assignee Hablax, Inc. (Delaware) which would thereafter be controlled by the exact
same beneficial owner, Garcia himself, and in the exact same ownership percentage by which
Hablax, Inc. (FL) is presently held. The purpose of the re-structure is to better distinctively
manage the services nationwide. Post pro forma Transfer, the authority of Hablax, Inc. (FL)
will be assigned and operated directly by Assignee Hablax Inc. (DE) under Garcia’s sole direct
control. Hablax, Inc. (FL) will either become an inactive company or voluntarily dissolve within
next year. However in no case will it offer telecommunication services. See “Post Pro Forma
Transfer” structure diagram on page 15 of this Application. The assignment contemplated will
not affect:

1.) Control structure wherein the present beneficial owner (Garcia) may appoint more
than 50 percent of the board of directors of the Licensee;

2.) The present beneficial owner’s control to appoint, promote, demote, or fire senior
executives controlling the daily activities of the Licensee;

3.) The present beneficial owner’s existing ability to play an integral role in major
management decisions of the Licensee;

4.) The present beneficial owner’s existing ability to receive monies or profits from the
facilities’ operations; or

5.) The present beneficial owner’s existing use of all of Licensees facilities and
equipment.

Insofar as the assignment contemplated is non-substantive and pro forma in nature, the
applicants desire streamline treatment of this application. Assignor and its beneficial owner
(Garcia) have recently been granted authority by the Commission within the past year. There

______________________________________________________________________________
Page 4

II. Description of the Applicants

A. Hablax, Inc. (FL) (“Licensee” and “Assignor”)

The Licensee, Hablax, Inc. is a Florida corporation operating from the State of Florida
and provides global facilities based and resold international telecommunications services
to the public pursuant to 47 U.S.C § 214 et. al. under Commission ITC-214-20180104-
00004. Licensee is a non-dominant carrier under 47 CFR Section 63.03(b)(2)(i).

B. Fidel Garcia (Garcia) ("Assignor")

Garcia presently holds one hundred percent (100%) of Licensee’s outstanding equity
and stock. Garcia presently holds one hundred percent (100%) of Assignee’s
membership units. Hablax, Inc. (FL) is a licensed and registered provider of VoIP and
telecommunication services under U.S. law and regulation. Hablax, Inc. (FL) is a non-
dominant carrier in the U.S. and is not affiliated with any company holding a dominant
position in any international market. Under the contemplated Transfer, Hablax, Inc.
(FL) will assign its full interest in its granted authority to Assignee Hablax, Inc. (DE)
for organizational purposes. No payment to Hablax, Inc. (FL) will result under this
transaction. Thereafter, all services will be operated solely under Hablax, Inc. (DE)
under the control of Garcia. See “Post Pro Forma Transfer” structure diagram on page 15
of this Application.

C. Hablax, Inc. (DE) (“Assignee”)

The direct owner of Hablax, Inc. (DE) is Garcia, a U.S. Citizen. Hablax, Inc. (DE) is a
company dedicated to telecommunication services to consumers and carriers. Upon
consummation of the Assignment, Hablax, Inc. (DE) will hold the present authority of
the Licensee, and Hablax, Inc. (FL) will discontinue in offering any telecommunications
or information services whatsoever. Hablax, Inc. (DE) is 100% held by Garcia.

______________________________________________________________________________
Page 6

III Public Interest Considerations:

The Applicants believe that the added competition the Assignment contemplated and this

Assignment will bring to the market will benefit the consumers of United States-international

telecommunications services, and in territories where Hablax, Inc. (FL) presently provides

services. This includes competitive pricing of services and increased availability of a variety of

innovative service options. Therefore, grant of this Application will further the public interest.

______________________________________________________________________________
Page 7

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
Hablax, Inc. FRN: 0027048479 )
(Licensee and Assignor) )
)
And ) File No.: ITC-214-20180104-00004
Hablax, Inc. FRN: 0028263747 ) FRN: 0027048479
(Assignee) )
)
)
Fidel Garcia FRN: 0028264232 )
(Assignor) )
)
)
)
Application for Pro Forma Assignment of )
International global resale )
Authority Pursuant to Section 214 of the )
Communications Act of 1934, as amended. )
____________________________________________________ )

Application Attachment I.
(Information pursuant to 47 CFR § 63.12)

The following information is submitted, as required by 47 CFR § 63.12 of the Commission’s Rules, in
support of the Applicants’ request for pro forma assignment of Hablax, Inc.’s authorization:

In Response to Question 9 of the Application: The Applicants respectfully requests streamline
processing pursuant to 47 CFR § 63.12 and certifies that:

1. It is not affiliated with a foreign carrier in a destination market it seeks authority to serve;

2. It has no affiliation with a dominant U.S. carrier whose international switched or private
line services the Applicants or the Licensee seeks authority to resell, either directly or
indirectly through the resale of another reseller’s services;

3. It does not seek authority to provide switched basic services over private lines to a
country for which the Commission has not previously authorized the provision of
switched services over private lines.

4. The Commission has not informed any Applicants or Hablax, Inc. in writing that this
Application is not eligible for streamlined processing.

______________________________________________________________________________
Page 8

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
Hablax, Inc. FRN: 0027048479 )
(Licensee and Assignor) )
)
And ) File No.: ITC-214-20180104-00004
Hablax, Inc. FRN: 0028263747 ) FRN: 0027048479
(Assignee) )
)
)
Fidel Garcia FRN: 0028264232 )
(Assignor) )
)
)
Application for Pro Forma Assignment of )
International global resale )
Authority Pursuant to Section 214 of the )
Communications Act of 1934, as amended. )
____________________________________________________ )

Application Attachment II.
(Information pursuant to 47 CFR § 63.18)

The following information is submitted, as required by 47 CFR § 63.18 of the Commission’s Rules, in
support of Applicant‘s request for authorization:

47 CFR § 63.18(a): The names, addresses and telephone numbers of the Applicants are as follows:

Licensee Assignor:
Hablax, Inc. (FL) FRN: 0027048479
307 North Royal Poinciana Blvd.
Miami Springs, FL 33166
Attn: Fidel Garcia, President

Sole Owner Assignor:
Fidel Garcia FRN: 0028264232
1074 W 38th Street
Hialeah, FL 33012

Assignee:
Hablax, Inc. (DE) FRN: 0028263747
508 Main Street
Wilmington, DE 19804
Attn: Fidel Garcia, President

______________________________________________________________________________
Page 9

47 CFR § 63.18(b): Jurisdiction of Persons and Organizations

(1) Licensee: Hablax, Inc. (FL) is a corporation incorporated under the laws of the State of
Florida.

(2) Assignor: Fidel Garcia is a natural person and resident of the State of Florida.

(3) Assignee: Hablax, Inc. (DE), is a corporation incorporated under the laws of the State of
Delaware.

48 CFR § 63.18(c): Correspondence concerning this application should be sent to:

For: Hablax, Inc. (FL) With Copy to: Edward A. Maldonado, Esq.
307 North Royal Poinciana Blvd. Maldonado Law
Miami Springs, FL 33166 2850 Douglas Road Suite 303
Tel: (305) 600-5530 Coral Gables, FL 33134
Attn: Mr. Fidel Garcia, President Tel: 305-477-7580 Fax: 305-477-7504
E-mail: eam@maldonado-group.com
on behalf of Mr. Fidel Garcia, Hablax, Inc.
& Hablax, Inc. (DE).
For: Hablax, Inc. (DE)
508 Main Street
Wilmington, DE 19804
Attn: Mr. Fidel Garcia, Manager.

In Response to Questions 14, 15 and 16 of the Application:

47 CFR § 63.18(d): Hablax, Inc. (FL) has previously received authority under Section 214 of the Act.
Assignor Garcia is the only stockholder in the Licensee and has been previously approved by the
Commission as owner of the Licensee. Hablax, Inc. (DE) has not received previous authority from the
Commission under Section 214 of the Act.

47 CFR § 63.18(e): Applicants request approval for global resale services under Section 214 of the Act
and pursuant to the terms and conditions of Section 63.18(e)(1) and (e)(2) of the Commission's Rules.
Applicant is not applying for authority to acquire facilities or to provide services not covered by
paragraphs (e)(1) through (e)(3) of Section 63.18. Applicant is not seeking facilities-based authority
under paragraph (e)(4) of Section 63.18.

47 CFR § 63.18(g): Applicants will use previously authorized facilities to provide the services requested
by the Application. Applicants are excluded from environmental assessment pursuant to Section 1.1306
of the Commission's Rules, specifically 47 C.F.R. § 1.1306.

______________________________________________________________________________
Page 10

CFR § 63.18(h): Following the completion of the pro forma transfer between the Applicants the
information regarding the 10% or greater direct or indirect owners of Hablax, Inc. (DE) shall be as
follows:

Name: Mr. Fidel Garcia
Address: 307 North Royal Poinciana Blvd. Miami Springs, FL 33166
Telephone: (305) 600-5530
Ownership Percentage: 100%
Citizenship: U.S. Citizen
Business: Telecommunications Investment and Management

47 CFR § 63.18(i): The Applicants, Garcia, Hablax, Inc. (DE), and Hablax, Inc. (FL), respectively
certify that they are not affiliated with any foreign facilities-based carriers or US dominant carriers. Post
transaction Hablax, Inc. and Hablax, Inc. (DE) shall be affiliated with one another in the offering or
provision of carrier services and Hablax, Inc. (DE) Holdings Ltd. agrees to dominant carrier safeguards
as found in 47 C.F.R. §10 (c) and (d).

47 CFR § 63.18(j): The Applicants, Garcia, Hablax, Inc. (DE), and Hablax, Inc. (FL), respectively
certify that they do not seek to provide international telecommunication services to any destination
country for which any of the following are true:

1. They are not a foreign carrier in that country; or
2. They do not control a foreign carrier in that country; or
3. Any entity that owns more than twenty-five percent (25%) of Hablax, Inc. (DE), or
otherwise in the Licensee, or that will control the Licensee after transaction, will
control a dominant foreign carrier in that country.

47 CFR § 63.18(k): Not Applicable.
47 CFR § 63.18(l): Not Applicable.
47 CFR § 63.18(m): Not Applicable.

47 CFR § 63.18(n): The Applicants and Garcia certify that they has not agreed, and will not agree in
the future, to accept any direct or indirect special concessions from a foreign carrier or administration
with regards to traffic or revenue flows between the United States and any foreign countries the company
is authorized to serve.

47 CFR § 63.18(o): The Applicants certify that no party to this application has been denied federal
benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988.

47 CFR § 63.18(p): The Applicants respectively request Streamline Processing of this Application
pursuant to Section 63.12 of the Commission's Rules under 47 C.F.R. § 63.12.
______________________________________________________________________________
Page 11

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
Hablax, Inc. FRN: 0027048479 )
(Licensee and Assignor) )
)
And ) File No.: ITC-214-20180104-00004
Hablax, Inc. FRN: 0028263747 ) FRN: 0027048479
(Assignee) )
)
)
Fidel Garcia FRN: 0028264232 )
(Assignor) )
)
)
Application for Pro Forma Assignment of )
International global resale )
Authority Pursuant to Section 214 of the )
Communications Act of 1934, as amended. )
____________________________________________________ )

Pro Forma Transfer Application
VERIFICATION

I, Fidel Garcia, state that I am the President of Hablax, Inc. (FL); that I am authorized to make this
Verification on behalf of the Applicants; that the foregoing filing was prepared under my direction and
supervision; and that the contents are true and correct to the best of my knowledge, information, and
belief.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this February 25, 2019.

By: /s/ Fidel Garcia /s/

Name: Fidel Garcia
Title: President of Hablax, Inc. (a Florida corporation)

______________________________________________________________________________
Page 13

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
Hablax, Inc. FRN: 0027048479 )
(Licensee and Assignor) )
)
And ) File No.: ITC-214-20180104-00004
Hablax, Inc. FRN: 0028263747 ) FRN: 0027048479
(Assignee) )
)
)
Fidel Garcia FRN: 0028264232 )
(Assignor) )
)
)
Application for Pro Forma Assignment of )
International global resale )
Authority Pursuant to Section 214 of the )
Communications Act of 1934, as amended. )
____________________________________________________ )

CERTIFICATION OF APPLICANT – Hablax, Inc. (DE)
The undersigned hereby certifies, on behalf of Hablax, Inc. (DE) with respect to the foregoing pro-forma transfer
application for Section 214 Authority that:

1. Hablax, Inc. (DE) is not affiliated with any dominant foreign carrier in any of the countries to which it
proposes to provide service in the foregoing application.

2. Hablax, Inc. (DE) will comply with the terms and conditions contained in Section 63.21, 63.22 and 63.23
of the Commission's Rules. 47 C.P.R. 63.21-.23

3. Hablax, Inc. (DE) has not agreed to accept special concessions directly or indirectly from any foreign
carrier with respect to any U.S. international route where the foreign carrier possesses sufficient market
power on the foreign end of the route to affect competition adversely in the U.S. market and will not enter
into such agreements in the future

4. Hablax, Inc. (DE) is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug
Abuse Act of 1988.

5. The contents of the Application are true and correct to the best of my knowledge, information, and belief.
I declare under penalty of perjury that the foregoing is true and correct.

Executed this February 25, 2019.

By: /s/ Fidel Garcia /s/
Name: Fidel Garcia
Title: President, Hablax, Inc. (DE) (Delaware)

______________________________________________________________________________
Page 14

DIAGRAM OF PRE-TRANSFER/POST ASSIGNMENT OWNERHSIP
Pre-Pro Forma Assignment

Hablax, Inc. (DE) Mr. Fidel Garcia
FRN: 0028263747 100% Ownership
FRN: 0028264232

Hablax, Inc. (FL)
FRN: 0027048479
ITC-214-20180104-00004

Post Pro Forma Assignment

Mr. Fidel Garcia Hablax, Inc. (FL)
100% Ownership FRN: 0027048479
FRN: 0028264232 Inactive or dissolves

Hablax, Inc. (DE)
FRN: 0028263747
ITC-214-20180104-00004

______________________________________________________________________________
Page 15

Document Created: 2019-02-25 16:33:24
Document Modified: 2019-02-25 16:33:24

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