Attachment STA Request

This document pretains to ITC-STA-20121113-00308 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2012111300308_993026

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20544 In the Matter of ) ) RNK, Inc. ) Assignee ) ) and ) WC Docket No. 12-312 ) Signal Point Corp. ) d/b/a SignalPoint Communications ) Assignor ) ) Application for Consent to Transfer Control of ) Assets pursuant to Section 214 of the ) Communications Act of 1934, as Amended ) __________________________________________) REQUEST FOR SPECIAL TEMPORARY AUTHORITY (INTERNAITONAL) Signal Point Corp. ("Signal Point" or the "Company"), by its attorneys, hereby requests special temporary authority (an "STA"), pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214 (the "Act"), to permit continued domestic operations by Signal Point pending approval of the transaction described herein. On September 28, 2012, pursuant to an asset purchase approved by the New Jersey bankruptcy court, Signal Point acquired the majority of the assets of RNK Inc. ("RNK"), a Section 214 authorized carrier. The consummated a transaction resulted in a transfer of RNK's Section 214 authority to Signal Point after the obtaining of regulatory permits. However, as part of the transaction, certain customer contracts were assumed by the Signal Point and resulted in a transfer of customers. Signal Point and RNK filed a joint application for permanent authority for this transaction ("Application").1 Because the parties have already transferred certain customers and the fact that RNK is being liquidated and has little to no ability to 1 See Joint Application of RNK Inc. and Signal Point Corp. for Consent to Transfer Control of Assets pursuant to Section 214 of the Communications Act of 1934, as Amended, Dated October 17, 2012, Docket No. 12- 312.

service customers, the Company respectfully asks that this STA Request be granted as soon as possible in order to prevent customer interruption in service and unnecessary delay. Signal Point is a New York domestic corporation. As discussed in detail in the Application, Signal Point obtained the assets of RNK pursuant to a bankruptcy asset purchase. As part of the transaction addressed herein, the operations and Section 214 authority of RNK were transferred into Signal Point upon approval of the Transaction. Given the impending shut down of RNK’s operations, Signal Point assumed customer contracts and is providing them services. While the license was expressly not transferred, it appears that some of RNK’s customer contracts were. If Signal Point had not assumed these customers, many individuals, small to medium sized business and carriers would be without service today as RNK, given its dire financial condition was unable to continue providing the services. A full description of the Transaction is included in the Company’s Application. Signal Point and its owners regret their failure to obtain Commission consent for this customer transfer, but note that it was unintentional as is evidenced by the Company’s joint Application. The Company and its corporate counsel were unaware of the Company's obligation to request approval for the changes customers as it believed that the customers were technically still being serviced by the regulated entity pursuant to a management agreement. The Company has become aware of the obligation as the result of communication with Commission staff associated with the Application. Grant of this STA Request will serve the public interest. First, consistent with Commission policy, it will "regularize" the Company's current operations and permit Signal Point to continue providing services without interruption. Further, grant of the STA will facilitate the Commission's ability to review the underlying transaction and approve the change in ownership. At the same time, grant of this request will have no adverse effect upon the customers, indeed it will be beneficial to the customers as without Signal Point’s actions they would be without service. The Company notes that the transaction has not had an adverse effect upon its customers at any time. In fact, the customer assumption was entirely

transparent to customers, as the transaction did not result in changes to the rates, terms and conditions of service and did not result in any discontinuance of service. Per agreement with Staff, the Company's continued international operations will be covered by an existing ST A. Signal Point acknowledges that grant of this STA Request will not prejudice any action the Commission may take on the Application and that, once granted, the STA may be revoked on the Commission's own notice, without hearing. RNK and Signal Point further acknowledges that grant of an STA and of the Application will neither preclude nor dictate the scope of any enforcement action related to the underlying transaction. For these reasons; Signal Point asks that the Commission grant this STA request as expeditiously as possible. Respectfully submitted, ________/S/_____________ Michael Tenore Matthew Tennis 175 Great Rd, Suite 1 Bedford, MA 01730 (781) 613-6100 DATED: November 7, 2012


Document Created: 2013-04-10 14:38:32
Document Modified: 2013-04-10 14:38:32
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