Attachment STA Request

This document pretains to ITC-STA-20100324-00124 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2010032400124_807066

ATTACHMENT: REQUEST FOR SPECIAL TEMPORARY AUTHORITY American Samoa License, Inc. (“ASL,” FRN 0001843432) and eLandia Technologies, Inc. (“ELT,” FRN 0010731263, and together with ASL, the “Licensees”), Ralph S. Janvey, as Receiver for Stanford International Bank Ltd. (“SIBL” or “Transferor,” FRN 0013561055), and Pete R. Pizarro (“Mr. Pizarro” or “Transferee,” FRN 0019470681, and together with the Licensees and Transferor, the “Applicants”) respectfully request Special Temporary Authority (“STA”) pursuant to Section 63.25 of the Commission’s rules1 for the transfer of control of the Licensees from SIBL to Mr. Pizarro. ASL and ELT each hold international Section 214 authority.2 The transfer of control of the Licensees from SIBL to Mr. Pizarro took place on February 6, 2009, as part of a capital structure reorganization of eLandia International, Inc. (“eLandia International”), which has indirect 100-percent ownership of ASL and direct 100-percent ownership of ELT. SIBL, the Transferee, and eLandia International entered into a series of transactions on February 6, 2009 in connection with eLandia International’s reorganization that converted the principal amount of eLandia International’s debt to SIBL into eLandia International preferred non-voting stock, reduced SIBL’s ownership of eLandia International common stock to 49.9 percent of outstanding common stock, and placed the shares of eLandia International held by SIBL into a voting trust (the “Voting Trust”) of which the Transferee is the 1 47 C.F.R.§ 63.25. 2 ASL holds ITC-214-19981207-00860 (global or limited global facilities-based service) and ITC-214-19980918-00671 (global resale service). ELT holds ITC-214-20040824-00350 (global or limited global facilities-based service and global or limited global resale service).

trustee. On February 16, 2009, Ralph S. Janvey was appointed as the Receiver for SIBL.3 The Applicants seek special temporary authority from the Commission for ASL and ELT to be under the ultimate control of Mr. Pizarro. SIBL and the Transferee were not aware that Commission consent was required in connection with these transactions, since eLandia International is not itself a Commission licensee. The Transferor (now under control of the Receiver) and the Transferee regret that they did not seek timely transaction consent from the Commission, and they commit that such actions will not be repeated in the future. eLandia International and the Licensees have retained counsel with substantial expertise in Commission regulatory matters to advise them going forward on matters that may implicate the Commission’s prior consent requirements with respect to transfers of control. ASL, Ralph S. Janvey, as Receiver for SIBL, and Mr. Pizarro previously filed an application for transfer of control of ASL as the holder of an international Section 214 authorization from SIBL to Mr. Pizarro.4 Concurrently herewith, ELT, along with Transferor (now under control of the Receiver) and Transferee, is filing an application for the transfer of control of ELT. The public interest will be served by grant of this request as it will allow the lawful control by Mr. Pizarro of the Licensees, which deliver international telecommunications services to consumers in the remote and economically depressed U.S. territory of American Samoa. The Capital Structure Reorganization of eLandia International has reduced the outstanding debt of 3 See Amended Order Appointing Receiver, Mar. 12, 2009, in Securities and Exchange Commission v. Stanford Int’l Bank, Ltd., Case No. 3-09CV0298-N (N.D. Tex.). At the time the receiver was appointed, SIBL no longer controlled the Licensees, because of the reorganization described herein and for which the underlying applications seek consent. 4 File No. ITC-T/C-20100125-00032. 2

eLandia International and eliminated SIBL and Mr. Allen Stanford, who are enmeshed in an SEC lawsuit, from taking part in the decisions of the shareholders of eLandia International. These beneficial changes strengthen eLandia International. Accordingly, the Applicants respectfully request grant of this STA request for the interim period until the Commission acts on the underlying applications for transfer of control. The Applicants acknowledge that grant of this request will not prejudice action by the Commission on the underlying applications and that any authority granted pursuant to this request is subject to cancellation or modification upon notice but without a hearing. 3


Document Created: 2010-03-17 12:39:46
Document Modified: 2010-03-17 12:39:46
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