Attachment 20170718130558-017.p

20170718130558-017.p

SUPPLEMENT

Supplement

2008-12-05

This document pretains to ITC-STA-20081209-00526 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2008120900526_1577668

L 3 33‘;; ponsisos onees J DKATZ AT TORNEYS AT L A JEFFREY D. KATZ, P.C. 4733 BETHESDA AVE, SUITE 345 BETHESDA, MARYLAND, 20814 RECEIVED — FCC TEL: (301) 913—2948 fonga s n EAX: (301) 951—0147 ULC 15 2008 is E—MAIL: JEFFREY@JDKATZ.COM | BEC —5 2008 December 5, 2008 Federat Comy::: '_U CUmmission VIA HAND Federal Communications Commussion 445 12th Street, SW Washington, DC 20554 Re: Application for Extension of Special Temporary Authority, ITC—STA—20080401—00197, for Phonetime, Inc., regarding Section 214 File No. ITC—214—20041201—00472 E. and Section 214 Application, Currently Pending, File No. ITC—T/C—20080206—00088. To Whom It May Concern: n behalfof Phonetime, Inc. ("Phonetime") and Sympbony Telecommunications, LLC ("Symphony‘), enclosed please find an original and six (6) copies of an Application for Extension to a previouslyfiled and grantedapplication for Special Temporary Authority regarding the transfer of control of international Section 214 authorization held by Symphonyto Phonetime. Please date—stamp the enclosed extra copy of this filing and return it in the envelope provided. Please direct any questions regarding this filing to the undersigned. For the L [ fA y 1. Katz, P .A_,.

RECEIVED — Feo Before the FEDERAL COMMUNICATIONS COMMISSION BEC — 5 2008 4 Washington, D.C. 20554 Fedaral Cm’r_zmumcaéion s Commission In the Matter of Bureau/ Office Nend! Srua! Nee Nuud Ne Ned Ned N/ Phonetime, Inc. Transferee f : File No, ITC—STA—20080401—00197/ Symphony Holdings, Inc. Transferor é Symphony Telecommunications, LLC Licensee Nue? Sn Nemet Nes DvwvetNuel! Sume! Pwuet Application for authority pursuant to Section 214 of the Communications Act of 1934, as amended, for Special Temporary Authority to operate as an international facilities—based and resale carmer. APPLICATION f()R EXTENSION TO SPECIAL TEMPORARY AUTHORITY Phonetime, Inc. ("Phonetime"), Symphony Holdings, Inc. ("SHI‘) and Symphony Telecommunications, LLC ("Telecom") hereby request an Extension to their previously filed and GRANTED application for Special Temporary Authority, File No. ITC—STA— 20080401—00197, pursuant to Section 214 of the Cf.;»m;i:(,i:unjcations Act of 1934, as amended, 47 U.S.C. § 214 (the "Act‘), to continue operating under the authority granted by the Commission under Seciion 214 of the Act in File No. ITC—214—20041201—00472 E. The current Special Temporary Authority will expirse on December 6, 2008. The Applicants have previously submitted é Seétion 214 Application pursuant to Section 63.24(e) of the Commussion‘s Rules, 47 CFR. $ 53.24(6) in Filé No. JTC—T/C> 20080206—00088. The reason for reque‘stihg this exténsién is to allow the parties to continue to lawfully operzite »While t’fie S‘-ec‘a:(.)n 214 Application is reviewed by the Cormmission.

CONCLUSION, Based 'on‘the forégoing‘, the Applicants respectfully submit that the public ipterest, convenience, and necessity would be furthered by grant of this Extension to the underlying Special Temporary Authority application. This request for Extension to the Special Temporary Authority should be taken into consideration in conjunction with the previousiy submitted 214 Transfer of Control Application, File No. ITC—T/C—20080206— 00088. J:a}fze{ Reeats/Eeq> For fhe Law (Jffléfié«)‘fféffiey D. Katz, P.C. 4733 Bethesda Avenue, Suite 345 Bethesda, Marvland 20814 Telephone: {301) 913—2948 Fax: {301) 951 —0147 Counsel to Ph»ohetime,. Inc., ee Symphony Holdings, Inc., and 5 Drated: December S_ 2008 Symphony Telecommunications, Inc.

Exhibit 1: FCC Form 159, Remittance

READ INSTRUCTIONS CAREFULLY . Approved by OMB BEFORE PROCEEDING . FEDERAL COMMUNICATIONS COMMISSION : i 3040—0589 : REMITTANCE ADVICE Page No_| of2 FORM159 (1) LOCKBOX # ' SPECIAL USE ONLY * FCC USE ONLY SECTION A— PAYER INFORMATION (2) PA YER NAME (if paying by credit card enter name exactly as it appears on the card) (3) TOTAL AMOUNT PAID (U.S. Dollars andcents) Jeffrey D. Katz, Esq. $965.00 (4) STREET A DDRESS LINE NO.1 4733 Bethesda Ave.. Ste 345 (5) STREET ADDRESS LINE NO. 2 i & (6 CITY Ts T (7) STATE (8) ZIP CODE Bethesda ' MD 20814 (9) DAYTIME TELEPHONE NUMBER (include area code) (10) COUNTRY CODE (if notin U.S.A.) 301—913—2948 FCC REGISTRATION NUMBER (FRN) REQUIRED (11) PAYER (FRN) (12) FCC USE ONLY 0017374059 IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM159—C) COMPLETE SECTION BELOW FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (13) APPLICANT NAME Symphony Telecommunications, LLC (14) STREET ADDRESS LINE NO.1 11439 Stone Mill Court (15) STREET ADDRESS LINE NO. 2 (16) CIty (17) STATE (18) ZIP CODE Oakton VA 22124 (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (if notin U.S.A.) 703—476—4977 FCC REGISTRATION NUMBER (FRN) REQUIRED (21) APPLICANT (FRN) (22) FCC USE ONLY 0012237517 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE (25A) QUANTITY CUT 1 nnmmmmmmememel (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY $965.00 (28A) FCC CODE I (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PA YMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (PTC) (27B) TOTAL FEE FCC USE ONLY (28B)FCC CODE I (29B) FCC CODE 2 SECTION D — CERTIFICATION ; , certify under penalty of perjury that the foregoing and supporting informationis true and correct to the best of my knowTedge, information and belief. SIGNATURE z: DATE R—! s [06 \_/ SECTIONTE — CREDIT CARD PAYMENT INFORMATION amEex_ 2 piscover fillmorg ~0, ACCOUNT NUMBER: Miiexrprration paTE &9 ‘ 1 0 SIGNATURE DATE ,2 > 0 6 SEE PUBLIC BURDEN ON REVERSE FCC FORM 159 JULY 2005

App over by OV B 3260—05t 9 ~~ proug lua e FEDER, .L CON MUNIC. .TIONS 20MM: SSION SP ECIAL U SE R MIT—ANC 3 AD‘VICE (CON® TNA" TON ! HEE" ) FORM 159—C on mssy emeee FCC USE C NLY Page No % of_g USE THIS SE TION : )NLY FOR EAC H ADD— FIONAL APPL CANT m juaiat SECTION BB—A) DITIONAL AP ‘LICAN [ INFORMATICN Satns (13) APPLL ‘ANT NAME | Phonetime. nc. | (14) STREET ADDRESS LINE NO.1 I 3035 Wharton Way . (15) STREET ADDRESS LINE NO. 2 ] (16) CITY (17) ST ATE (18) ZIP CODE E Mississauga Ontario, C anad i L4X 2B4 (19) DAYTIN E TELE ‘HONE NUMBE ? (incluc : area code) (20) 2OUNT} Y CODE (if not n U.S.A. § ~ 1—905—629—26 )6 FCC R);GISTR .TION NUMBE ? (FRN) REQUIRED T ~ (21) APPLIC.ANT (FR 3 22 rcc Us ; ONLY g i3 0017390402 mm _ COMPLETE SECTIO? C FOR EACH SERVIC ?, IF MORE BOXES AR [ NEEDED, USE CONT NUATION SHEET (23A) CALL SIGN/O1 HER ID 1 (24A) ‘AYMENT TYPE CODE (25A) QUANTITY (26A) FEE DUE FOR (PTC) (27A) "OTAL FEE FCC USE ONLY (28A) FCC CODE I (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (P °C) (27B) TOTAL FI E FCC USEONLY (28B)FCC COD : 1 (29B) FCC CODE 2 (23C) CALL SIGN/OTHER ID (24C) PAYMENT TYPE CODE (25C) QUANTITY (26C) FEE DUE FOR (PTC) (27C) TOTAL FEE FCC USE ONLY (28C) FCC CODE I (29C) FCC CODE 2 jaz (23D) CALL SIGN/OTHER ID (24D) PAYMENT TYPE CODE (25D) QUANTITY (26D) FEE DUE FOR (PTC) (27D) TOTAL FEE FCC USE ONLY (28D)FCC CODE I (29D) FCC CODE 2 (23E) CALL SIGN/OTHER ID (24E) PAYMENT TYPE CODE (25E) QUANTITY (26E) FEE DUE FOR (PTC) (27E) TOTAL FEE ECC USE ONLY (28E) FCC CODE I (29E) FCC CODE 2 (23F) CALL SIGN/OTHER ID (24F) PAYMENT TYPE CODE (25F) QUANTITY (26F) FEE DUE FOR (PTC) (27F) TOTAL FEE ECC USE ONLY (28F)FCC CODE I (29F) FCC CODE 2 SEE PUBLIC BURDEN ON REVERSE FCC FORM 159—C JULY 2005

Exhibit 2: Granted, Previously Filed Special Temporary Authority

T.N—0%—2008 16:07 INTERNAT IONAL BurEAuU 207 418 2034 F.B2 Non—Streamlined 1TC—STA—28080401—00197 182008000784 Phonetime Gaé l’fl& C' ?Afl%>o“7oégv~ochséfi§> Before the . k2 FEDERAL COMMUNICATIONS COMMISSION VWashington, D.C. 2055 In the Matter of Granted! 99209 Polisy division Vvv‘gyvvvvvvuvvww » Plionetime, Tiac. internetional Bureau 1ransjeree %fi"’\"fi"‘DZ&« ,é,._z_.gwq S mphony Holdia :s, Inc. Trangjeror *gfep @(w/bf\"ig F S mphoay Trelecoinmunicatl ns, L LC LicEensee -:gmfi 7 ’&h:ggsz_ to A splication for autionrity pursucrrt to ~ t{|uw'1§ amctifowledgye. t+he Section 214 of the Communica ions . Act /:gfd Hon: «P gra as stetreh o1 1934.. as arnended, for Special 2t afL ‘tie Mewdfifleaf +o 7 mporsary Author ty to uperat : as ali in temat onal factiit es—based ar d ressle \u $A mwd‘ _Ze lacAk— m c:mer. /V]Qy 29. 4« g AMENDMEN!* TO SPECIAL ‘[EM ‘OR RY 4UTHORT °Y APPELICATION Phonectime, Inc. (‘Phon stime }, Sy xipho 1y Holdings, Inc. ("SHI‘) and Symphony T slecommunications, LLC ("Telecam") liereby request to amend their previously filed application for Svecial Temporan: Awbont, Fils No ITC STA—20080401—00197, I parsuant to Gection 214 of thi: Con municsations Act of 1$34, as amended, 47 U.S.C. $ J 214 (the "Act‘?), to continue operating waider the authonty granted by the Commission nader Section 214 of the Act in Fils No. ITC—214—200412701—00472 E. The Applicants have previously submitted a Section 214 Application pursuant to Section 63.24(e) of the Commission‘s Rules, 47 C.F.R. § 63.24(e) in File No. ITC—T/C—20080206—00088. Clarification with Regard to Application for Special Temporary Authority In accordance with Section 63.25, 47 C.F.R. § 63.25, the applicants request Special Temporary Authority for a period not to exceed six (6) months in order to continue providing service to customers while the Commission processes the underlying TOTAL P.092

Exhibit 3: Date Stamped Amendment to STA, Filed on 5/29/2008

JDKatz ATTORNEYS AT JEFFREY D. KATZ, P.C. L AW 4733 BETHESDA AVE, SUITE 345 RECEIVED — FCOCS BETHESDA, MARYLAND, 20814 TEL: (301) 913—2948 ‘ FAX: (301) 951—0147 MAY 2 9 2008 E—MAIL: JEFFREY@JDKATZ.COM Federa) CommUnication c $ 0 , Commisgio May 28, 2008 Bureau / Office _‘ VIA HAND Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Amendment to Special Temporary Authority Application for Symphony Telecommunications, LLC. To Whom It May Concern: On behalf of Phonetime, Inc. ("Phonetime") and Symphony Telecommunications, LLC ("Symphony‘"‘), enclosed please find anoriginal and six (6) copies of an Amendment to a previously filed application for Special Temporary Authority regarding the transfer of control of international Section 214 authorization held by Symphony to Phonetime. Please date—stamp the enclosed extra copy of this filing and return it in the envelope provided. Please direct any questions regarding this filing to the undersigned. spectfully/ubmitted,

Before the FEDERAL COMMUNICATION® ~OMMISSION Washington, D.C. 7 In the Matter of No/ N2 N2 N2 N N N N N N Ne N N N N N/ Phonetime, Inc. Transferee To. ITC—STA—20080401—00797/ Symphony Holdings, Inc. Transferor RECEIVED — FCC Symphony Telecommunications, LLC MAY 29 2008 Licensee Federal Communications Commission Bureau / Office . Application for authority pursuant to Section 214 of the Communications Act of 1934, as amended, for Special Temporary Authority to operate as an international facilities—based and resale carrier. AMENDMENT TO SPECIAL TEMPORARY HORITY APPLICATION Phonetime, Inc. ("Phonetime"), Symphony IF igs, Inc. ("SHI") and Symphony Telecommunications, LLC ("Telecom") hereby rec to amend their previously filed application for Special Temporary Authority, F [o. ITC—STA—20080401—00797, pursuant to Section 214 of the Communications A 1934, as amended, 47 U.S.C. § 214 (the "Act‘), to continue operating under the : ity granted by the Commission under Section 214 of the Act in File No. ITC—214——,,—1201—00472 E. The Applicants have previously submitted a Section 214 Application pursuant to Section 63.24(e) of the Commission‘s Rules, 47 C.F.R. § 63.24(e) in File No. ITC—T/C—20080206—00088. Clarification with Regard to Application for Special Temporary Authority In accordance with Section 63.25, 47 C.F.R. § 63.25, the applicants request Special Temporary Authority for a period not to exceed six (6) months in order to continue providing service to customers while the Commission processes the underlying

transfer application for the international Section 214 authority. The public interest would be served by grant of the STA in order to a discontinuanceof service to customers while the Commission considers whether 1 iblic interest would be served by granting the underlying Section 214 Transfer of Co1 ipplication. This request for Special Temporar horityis required because the underlying transfer described in the Section 214 Tran: £f Control Application has closed, prior to receipt of permission from the Commiss Special Temporary Authority should be granted because such a transfer will not 0c rain without prior Commission authority. Explanation of the Circumsta Leading to the Need for STA The Applicants did not request ; sonsent from the Commission due to a misinterpretation of the rules. The Canac ‘arty, Phonetime, had no experience with the FCC or its rules and procedures. The Parties, Telecom and SHI, while having had prior dealings with the FCC, were no re of their obligations to notify and await consent from the Commission. Both par zere operating under the assumption that they were entitled to automatic streamline cedures under 47 C.F.R. § 63.01 because both before and after the transaction, none > parties were dominant or held more than 10% market share in the interstate, intere: ge services market. The U.S. parties are very small and handle a tiny fraction of the international resale telecommunications market. The Canadian party is not a dominant player, as described in the Streamlining Order, 47 C.F.R. 63.12 and 63.18. As such, they believed that following the transaction the Commission merely needed to be notified within thirty—one (31) days of closing. It is for this reason that the Applicants did not request and receive consent from the Commission prior to closing the transfer of control.

Steps and Measures Taken to Ensure Further Compliance with Commission Rules andRegulations The Applicants are now informed of their responsibilities and commit themselves to seeking prior consent before any future transfer of the 214 Authorization. Executives and Counsel for Phonetime have been fully advised of the Commission‘s rules and procedures regarding the Section 214 Authorization, and will seek advice from their contact at the Commission‘s International Policy Division, Sumita Mukovy, before any future actions are taken. Clarification With Regards to 10% Owners Under 47 C.F.R. 63.18(h) of The Commission‘s Rules Creslin Limited, a Gibraltar company, owns 37.4% of PhoneTime, Inc. Creslinis owned by a Gibraltar Trust created by the Yesil family for the benefit of Engin and Emil Yesil. The Yesils are Turkish citizens. The Trust and Creslin are managed by directors in Gibraltar. Information, as requested by 47 C.F.R. 63.18(h), is as follows for the directors of Creslin Limited: Name: Robert Guest; Citizenship: British; Address: Residencial Panorama Bloque 3—3A, Avda. Principe de Asturias 41, 11300 La Linea, Cadiz, Spain; Principal Business: Chartered Certified Accountant Name: Christopher Pitaluga; Citizenship: British; Address: Loquat House, 4 South Pavilion Road, Gibraltar; Principal Business: Professional Trustee Information, as requested by 47 C.F.R. 63.18(h), is as follows for the Trustees of the Yesil Family Trust: Name: Abacus Trustees (Gibraltar) Limited,; Citizenship: N/A;

Address: 10/8 International Commercial Centre, Casemates Square, Gibraltar Principal Business: Limited Company There are no other 10% or greater owners of PhoneTime, Inc. For PhoneTime, Inc., equity tracks voting rights. There are no special voting arrangements, preferred stock, super voting stock, etc. Acknowledgement of the Comumission‘s STA Requirements The parties acknowledge that the grant of this STA \;vill not prejudice any action the Commission may take on the underlying application seeking Commission consent to the transfer/assignment. The parties further acknowledge that this STA can be revoked by the Commission upon its own motion without a hearing. CONCLUSION Based on the foregoing, the Applicants respectfully submit that the public interest, convenience, and necessity would be furthered by grant of this Amendment to the underlying Special Temporary Authority application. This request for Special Temporary Authority should be taken into consideration in conjunction with the previously submitted 214 Transfer of Control Application, File No. ITC—T/C—20080206— 00088. For the Ltw O g efffey D. Katz, P.C. 4733 Bethesda Avenue, Suite 345 Bethesda, Maryland 20814 Telephone: (301) 913—2948 Fax: (301) 951—0147 Counsel to Phonetime, Inc., 2g Symphony Holdings, Inc., and Dated: May , 2008 Symphony Telecommunications, Inc.

Exhibit 4: Copy of original STA Application

Before the FED L COMMUNICATIO ‘OMMISSION Washington, D.C. 4 In the Matter of ) Phonetime, Inc. ) Transferee ) ) No. ITC—T/C— Symphony Holdings, ) Transferor ) ) Symphony Telecomm itions, LLC ) Licensee )\ ) Application for authori rsuant to ) Section 214 of the Con ications Act ) of 1934, as amended, f scial ) Temporary Authority t rate as an ) international facilities— and resale ) carrier. ) ~IAL TEMPORARY HORITY Phonetime, Inc onetime"), Symphony ngs, Inc. ("SHI") and Symphony Telecommunications, ("‘Telecom") hereby 1 t Special Temporary Authority pursuant to Section 21 the Communications 4 1934, as amended, 47 U.S.C. § 214 (the "Act‘), to co s operating under the rity granted by the Commission under Section 214 of 1 ct in File No. ITC—214 11201—00472 E. The Applicants have previously submitted a Section 214 Application pursuant to Section 63.24(e) of the Commission‘s Rules, 47 C.F.R. § 63.24(e) in File No. ITC—T/C—20080206—00088. This request for Special Temporary Authority is required because the underlying transfer described in the Section 214 Transfer of Control Application has closed, prior to receipt of permission from the Commission. Special Temporary Authority should be granted because such a transfer will not occur again without prior Commission authority. In

addition, the public interest is best served by authorizing the transfer and allowing the Applicants to provide high—quality, low—cost and efficient service to its customers. 1. THE PARTIES A. Symphony Telecommunications, LLC (FRN: 0012237519) and Symphony Holdings, Inc. (FRN: 0017604133) Telecom was a privately—held Delaware Limited Liability Company ("LLC") located at 11439 Stone Mill Court, Oakton, VA 22124. Founded in 2002, Telecom is a leading provider of Global Resale Service. Telecom purchases excess international bandwidth and resells to other telecommunications companies. Telecom‘s customers are U.S. and international long—distance companies who purchase the bandwidth capacity Telecom has to foreign markets. Telecom was authorized by the Commission under Section 214 of the Act in File No. ITC—214—20041201—00472 E, granted December 3, 2004 to provide international telecommunications services on a global or limited global facilities—based and resale basis. Telecom continues to hold its Commission authorization to provide international services following the transfer of control. Telecom is 100 percent wholly owned by SHI, a Virginia Corporation located at the same address that functions as a holding company. Prior to the closing of the transaction, the following groups owned 10 percent or more of the equity or voting interests in SHI: Name: Torge Dennen Address: 83 Grove Street, Belmont, MA 02478 Citizenship: United States Percentage Owned: 50% Principal Business: Dennen owned 50% of the common stock of Symphony Holdings prior to the Acquisition.

Name: Trevor Dearman Address: 11439 Stone Mill Court, Oakton, VA 22124 Citizenship: United States Percentage Owned: 50% Principal Business: Dearman owned 50% of the common stock of Symphony Holdings prior to the Acquisition. B. Phonetime, Inc. (FRN: 0017390402) Phonetime, a Canadian company, is located at 3035 Wharton Way Mississauga, Ontario, Canada L4X 2B4. Phonetime is a leading provider of long—distance services in Canada. Licensed as a Class A, International Carrier by the CRTC, Phonetime operates one of the largest and most advanced private telecommunications networks in Canada with 36 points—of—presence across the country, effectively offering on—net service to approximately 85 percent of Canada‘s population plus off—net to the rest of Canada. Phonetime‘s balanced portfolio ofservices includesretail products for individual consumers and businesses as well as wholesale long distance call deliveryto large and small domestic and international carriers, offering both pre—paid and post—paid services. Phonetime has not previously filed or sought Section 214 approval as its operations are based in Canada. II. THE TRANSACTION The current transaction between Symphony Holdings, Inc. and Phonetime, Inc. was completed on December 18, 2007. Trevor Dearman and Torge Dennen each held five thousand (5000) shares of Symphony Holdings, Inc. They sold these to Phonetime, Inc. for a total cash payment of $14,190,000. This was completed before the receipt of permission from the Commission. III. EXPLANATION FOR FAILURE TO RECEIVE CONSENT

The Applicants did not request prior consent from the Commission due to a misinterpretation of the rules. The Canadian Party, Phonetime, had no experience with the FCCor its rules and procedures. The U.S. Parties, Telecom and SHI, while having had prior dealings with the FCC, were not aware of their obligations to notify and await consent from the Commussion. Both parties were operating under the assumption that they were entitled to automatic streamlined procedures under 47 C.F.R. § 63.01 because both before and after the transaction, none of the parties were dominant or held more than 10% market share in the interstate, interexchange services market. The U.S. parties are very small and handle a tiny fraction of the international resale telecommunications market. The Canadian party is not a dominant player, as described in the Streamlining Order, 47 C.F.R. 63.03 and 63.12. As such, they believed that following the transaction the Commission merely neededto be notified within thirty—one (31) days of closing. It is for this reason that the Applicants did not request and receive consent from the Commussion prior to closing the transfer of control. IV. STEPS AND MEASURES TAKEN The Applicants are nowinformed of their responsibilities and commit themselves to seeking prior consent before any future transfer of the 214 Authorization. Executives and Counsel for Phonetime have been fully advised of the Commission‘s rules and procedures regarding the Section 214 Authorization, and will seek advice from their contact at the Commission‘s International Policy Division, Sumita Mukovy, before any future actions are taken. vV. PUBLIC INTEREST STATEMENT

The transfer of contr~l described herein will serve the public interest. Indeed. Phonetime and Symphon: be able to pool their resources and have access to larg« quantities of bandwidth t« 11 to their customers, large long—distance providers. Th: will allow for Phonetime Symphony to continue to offer less expensive service better enabling the busine :o serve both international and domestic customers. Wit the assistance and exper )f Phonetime, Telecom will be better able to serve 1 domestic U.S. customers their international communications needs at lower cost Although Symphony will rategically and operationally integrated within Phonetim! the day—to—day manageme Symphony will continue seamlessly. At the same time, roposed transaction does not present any anti—competitiv issues. The transaction © 1e completely transparent to customers. Symphony wi continue to provide hig! lity communications services to its customers withot interruption and without nge in rates, terms or conditions. Furthermore, th transaction will not have gative impact on competition. No existing or potenti; competitors will be elimt: as a result of the proposed transaction. To the contrar the proposed transaction trengthen the ability of Symphony to compete in the U.§ market, and will further i ommission‘s policies favoring increased competition an greater diversity and quality of services. This will enable both Phonetime and Symphony to be more effective competitors in the markets in which they operate, which will further benefit customers by brining a diversity of services at competitive prices. VI.__ INFORMATION REQUESTED BY ONLINE SPECIAL TEMPORARY AUTHORITY APPLICATION

In support of this Application, the Applicants submit the following information pursuant to Section 63.24(e) of the Commuission‘s Rules, including the information requested in Section 63.18, 47 C.F.R. §§ 63.24(e), 63.18: (a) Name, address and telephone number of the Applicants: Symphony Telecommunications, LLC(licensee) 11439 Stone Mill Court Oakton, VA 22124 Tel: (703) 476—6044 Symphony Holdings, Inc. (transferor) 11439 Stone Mill Court Oakton, VA 22124 Tel: (703) 476—6044 Phonetime, Inc. (transferee) 3035 Wharton Way Mississauga, Ontario, Canada L4X 2B4 Tel: (+1) 905—629—2606 (b) SHI is a corporation organized under the laws of the State of Virginia. Telecom is a limited liability company organized under the lawsofthe State of Delaware. Phonetime is a corporation organized under the laws of Canada. (c) Correspondence concerning this Application should be sent to: For Symphony Telecommunications, LLC and Symphony Holdings, Inc.: Jeffrey D. Katz, Esq. Managing Attorney The Law Offices of Jeffrey D. Katz, P.C. 4733 Bethesda Avenue, Suite 345 Bethesda, MD 20814 Telephone: (301) 913—2948 Facsimile: (301) 951—0147 Email: Jeffrey@JDKatz.com For Phonetime: Jeffrey D. Katz, Esq. Managing Attorney The Law Offices of Jeffrey D. Katz, P.C. 4733 Bethesda Avenue, Suite 345

Bethesda, MD 20814 Telephone: (301) 913—2948 Facsimile: (301) 951—0147 Email: Jeffrey@JDKatz.com (d) Symphony is authorized by the Commission in File No. ITC—214—20041201— 00472 E, granted December 3, 2004 to provide international telecommunications services on a global or limited global facilities—based and resale basis. Phonetime does not currently hold Section 214 authority. (e)(3) N/A (g) N/A (h) Following the transaction described herein, SHI became a 100 percent wholly— owned subsidiary of Phonetime, a Canadian company located at 3035 Wharton Way Mississauga, Ontario, Canada L4X 2B4. Phonetime‘s principal businessis telecommunications. SHI functions as a holding company for Telecom. The following entities and individuals own 10 percent or more of the equity or voting interest in Phonetime: Name: Creslin, Ltd. Address: 10/8 International Commercial Centre, Casemates Square, Gibraltar Citizenship: Gibraltar Principal Business: Investment Percentage ofEquity in Phonetime: 10% No other person or entity holds 10 percent or more of the equity or voting interests in Phonetime. Creslin, Ltd. is owned by the Yesil Trust, for the benefit of Emil and Engin Yesil. The Trust is established under the laws of Gibraltar, and Emil and Engin Yesil are Turkish citizens. i) As evidenced by the signature to this Application, Phonetime certifies that it is not affiliated with foreign carriers, as that term is defined by Section 63.09 of the Commission‘s rules. Phonetime itself is a foreign carrier. Phonetime has a market share of less than 50 percent in the international transport and the local access markets in the markets in which they operate and therefore are presumptively non—dominant and lacking in market power.‘ The foreign carrier affiliates are set forth below: Destination Country Foreign Carrier Affiliate ! See 47 CFR. §§ 1.767(k)(2), 63.12(c)(1), 63.10(a)(3).

None None 0) As evidenced by the signatures to this Application, the Applicants certify that (1) Phonetime is a foreign carrier; (ii) Phonetime does not control any other foreign carriers; (ii1) No entity that holds greater than 25 percent ownership interest in Phonetime controls any foreign carriers; and (iv) Phonetime does not seek to provide any international telecommunications services to any destination for which two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of Phonetime(except as disclosed herein) or are parties to, or the beneficiaries of, a contractual relation affecting the provisions or marketing or international basic telecommunications services in the United States. (k) All the countries listed in (j) above are members of the World Trade Organization. (1) Each of the foreign carrier affiliates post—close holds less than 50 percent market share in the international transport and local access markets in their respective countries. Accordingly, these foreign carrier affiliates lack market power, and Phonetime is entitled to a presumption of non—dominant treatment. (m) See response to (1) above. (n) As evidenced by the signatures to this Application, the Applicants certify that they have 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 market power on the foreign end of the route, and that they will not enter into such agreements in the future. (0) As evidenced by the signatures to this Application, the Applicants certify, pursuant to Sections 1.2001 through 1.2003 of the Commission‘s Rules, that they are not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. VII. CONCLUSION Based on the foregoing, the Applicants respectfully submit that the public interest, convenience, and necessity would be furthered by grant of this Special Temporary Authority. This request for Special Temporary Authority should be taken into consideration in conjunction with the previously submitted 214 Transfer of Control Application, File No. ITC—T/C—20080206—00088.

Respectfully submitted, Jeffrey D. Katz, Esq. For the Law Offices of Jeffrey D. Katz, P.C. 4733 Bethesda Avenue, Suite 345 Bethesda, Maryland 20814 Telephone: (301) 913—2948 Fax: (301) 951—0147 Counsel to Phonetime, Inc., Symphony Holdings, Inc., and Symphony Telecommunications, Inc. Dated: March __, 2008


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Document Modified: 2019-05-27 20:51:11
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