Next Angel Section 2

SUPPLEMENT submitted by Next Angel LLC

Supplement

2013-05-08

This document pretains to ITC-STA-20130429-00124 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2013042900124_996433

Jennifer Hindin 1776 K STREET NW May 8, 2013 202.719.4975 WASHINGTON, DC 20006 jhindin@wileyrein.com PHONE 202.719.7000 FAX 202.719.7049 7925 JONES BRANCH DRIVE Ms. Marlene H. Dortch, Secretary McLEAN, VA 22102 Federal Communications Commission PHONE 703.905.2800 445 12th Street, S.W. FAX 703.905.2820 Washington, D.C. 20554 www.wileyrein.com Re: Supplement to Request for Special Temporary Authority, File No. ITC-STA-20130429-00124 Dear Ms. Dortch: Next Angel LLC (“Next Angel”), by counsel for Next Communications, Inc., hereby supplements the above-referenced request for Special Temporary Authority (“STA”) to allow Next Angel to initiate service to customers pending approval of its application for permanent international Section 214 authority.1 Grant of this STA will serve the public interest by allowing Next Angel to provide new competitive international calling services to the public pending action on permanent requests for international Section 214 authority. Next Angel is owned by three established communications providers, Next Communications, Inc. (“Next Communications”), Angel Telecom (USA) Inc. (“Angel Telecom”), and Marcatel Telecommunications, LLC (“Marcatel”). With the experience of these owners, Next Angel will be able to provide quality and even advanced calling services to the public. Grant of immediate temporary authority is necessary in this case because any continued delay in Next Angel’s receipt of authority to provide telecommunications services will hinder the company’s ability to maintain the capital needed to bring new competitive international calling services to the public. Next Angel is a new company that is continuing its efforts to build capital. As the Commission is aware, Next Angel purchased certain equipment and distribution facilities out of bankruptcy from STi Prepaid, LLC (“STi Prepaid”) and STi Telecom Inc. (“STi Telecom” and collectively with STi Prepaid, “STi”). Next Angel intends to use these assets to provide service to STi’s customers following receipt of FCC approval for an assignment of STi’s international and domestic Section 214 authorizations. Nearly three months after filing the assignment requests, however, 1 See Application for International Section 214 Authority, File No. ITC-214- 20130429-00125 (filed April 29, 2013).

Ms. Marlene H. Dortch, Secretary May 8, 2013 Page 2 the applications continue to be subject to a red-light processing hold as a result of the bankrupt entity’s delinquent FCC debts. The inability to serve STi’s customers has led to an extraordinary need for Next Angel immediately to acquire its own international Section 214 authorization to serve new customers, realize some value from its purchased assets and, assuming the creditor’s committee extends the Transition Services Agreement, financially facilitate STi’s continued provision of service to its customers. Furthermore, grant of the STA will enable Next Angel to provide these public interest benefits pending and without prejudice to review of the pending application for permanent international Section 214 application by the Executive Branch Agencies (“Team Telecom”). Next Angel understands that because the company has non-U.S. ownership, the pending application for international Section 214 authority also will need to be reviewed by Team Telecom and will not be processed pursuant to the Commission’s streamlined procedures.2 Indeed, Next Angel’s pending assignment applications have already been referred to Team Telecom. Next Angel is working with Team Telecom to answer questions regarding homeland security and law enforcement issues. Thus, Team Telecom is familiar with Next Angel and grant of the requested STA will not impact Team Telecom’s review process. In sum, grant of the requested STA will serve the public interest because Next Angel immediately needs to initiate service to new customers in light of the unusual circumstances resulting from a bankruptcy proceeding, an FCC red-light processing hold on applications involving the debtor, a lengthy Team Telecom review process and the financial needs of a newly formed company. 2 See 47 C.F.R. § 63.12.

Ms. Marlene H. Dortch, Secretary May 8, 2013 Page 3 Respectfully submitted, By: __/s/ Jennifer D. Hindin_______ Jennifer D. Hindin Wiley Rein LLP 1776 K Street, N.W. Washington, DC 20006-2304 Counsel for Next Communications, Inc. cc: Jim Bird David Krech Jodie May Tracey Wilson Myrva Charles Sally Stone Paul Cascio


Document Created: 2013-05-08 13:44:38
Document Modified: 2013-05-08 13:44:38
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