Attachment STA Request

This document pretains to ITC-STA-20130912-00258 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2013091200258_1012202

BI NGHAM September 12, 2013 Via ECFS Marlene H. Dortch, Secretary Office of the Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Roy Martin Bell, Transferor Epsilon Telecommunications (US) Pte. Ltd., Licensee Andreas Hipp, Transferee Requestfor Special Temporary Authority Dear Ms. Dortch: Andreas Hipp, Roy Martin Bell, and Epsilon Telecommunications (US) Pte. Ltd. ("Epsilon") (collectively, the "Parties"), through their undersigned counsel and pursuant to Section 214 of the Communications Act, as amended, 47 U.S.C. § 214, and Section 63.24 of the Commission‘s Rules, 47 C.F.R. § 63.24, respectfully request Special Temporary Authority ("STA") for the transfer of control of Epsilon, a non—dominant international service carrier holding Commission authorization, to Andreas Hipp (the "Transaction").‘ This transfer was completed in May, 2012, and occurred when Mr. Hipp, the largest Epsilon shareholder, acquired more than 50% of Epsilon‘s shares. Although the Transaction resulted in a change in the ownership of Epsilon, no assignment of authorizations, assets or customers occurred as a consequence of the Transaction." Epsilon continues to serve its existing customers pursuant to its authorizations under the same rates, terms and conditions. The Parties respectfully request that the Commission grant this STA request as soon as possible and that the STA remain effective for 60 days. Beijing | Boston As detailed in the underlying application filed concurrently herewith, a copy of which is frankfurt Hartford attached hereto (the "Application"), Epsilon holds international Section 214 authority to Hong Kong operate in the United States as a facilities—based and resale international carrier pursuant exington (GSC) to File No. ITC—214—20110316—00077 granted on April 29, 2011. Epsilon‘s individual Loadon owners at the time of its formation in 2011 were (i) Andreas Hipp (40%), an Austrian Los Angeles New York citizen, (ii) Roy Martin Bell (30%), a United Kingdom citizen, and (iii) Jerzy Szlosarek Orange County (30%), a United Kingdom citizen. As of the date of the Application, Epsilon‘s individual saw Irancters owners are Andreas Hipp (70%) and Jerzy Szlosarek (30%). Sants Monica Silicom Valley Tokyo 3 Applicants are concurrently filing a Joint Application for Authority Pursuant to Section 214 of the Communications Act of 1934, as Amended, for the Transfer of Control of an Authorized U.S. International Communications Common Carrier. diagham McCultchen LLP 2020 K Street NW * Epsilon obtained international Section 214 authority pursuant to File No. ITC— Washington, DL 214—20110316—00077 granted on April 29, 2011. +1,202.373.6000 +1.202.373.6 001 bing h am «c m

Marlene H. Dortch September 12, 2013 Page 2 In May 2012, Mr. Bell resigned from Epsilon and transferred all of his shares to Mr. Hipp, thereby increasing Mr. Hipp‘s 40% ownership to 70%. The Applicants did not file an application for approval prior to completing the Transaction because the Transaction did not entail the assignment of any customers, services or licenses, and the Applicants were not aware that Commission approval was required for this type of transaction among the existing shareholders. The Applicants recently sought advice as to the regulatory approvals necessary for a proposed transfer of control to another entity‘ and became aware for the first time that approval from the Commission had been necessary for the prior transfer of shares from Mr. Bell to Mr. Hipp. Upon being made aware of the prior omission, Applicants took steps to promptly prepare and file the attached Application together with this request for Special Temporary Authority. Accordingly, the Parties request that the Commission grant the STA to permit Epsilon to continue operating pursuant to its international 214 authority pending approval of the prior transfer. The Parties respectfully request grant of the STA as soon as possible. The Parties acknowledge that grant of this request will not prejudice action by the Commission on the underlying Application, that any authority granted pursuant to this request is subject to cancellation or modification upon notice but without a hearing, and that grant of this request will not impact any enforcement action by the Commission. Should you have any questions or require further information, please do not hesitate to contact us. Re;spectfully submitted, Jean Kiddoo Danielle Burt Bingham McCutchen LLP 2020 K Street, NW. Washington, DC 20006 Tel: (202) 373—6000 Fax: (202)373—6001 Email: jean.kiddoo@bingham.com danielle.burt@bingham.com Counsel for Epsilon Telecommunications (US) Pte. Ltd. 3 In addition to this request for Special Temporary Authority and the Application, Applicants are concurrently submitting an application requesting to transfer control of Epsilon from Mr. Hipp to Epsilon Global Communications Pte. Ltd. Bingham McCutchen L

Verification !, Roy MMtin Dell, stare that the foregoing filing was prepared under my direction and supervision; and that the contents arc true and correct to the best of my knowledge, information, and belief. 1 declare under penally of perjury that the foregoing is true and correct.. Executed this ...:1._ , 2013. Name: ROy Martin Bell

Verification 1, Jerzy Szlosarek, state that I am a Director of Epsilon Telecommunications (US) Pte. Ltd.; 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 _3_ day of September, 2013. Ko[ Name: Jerzy Szlosarek Title: Director Epsilon Telecommunications (US) Pte. Ltd. anssuses

Veri fication I, Andreas Hipp, state that the foregoing Ciling.was prepared under my direction and supervision; and that the contents are true and correct to tbe best of my lmowledge, information, and belief. I declare under penalty of perjury that the foregoing is true and correct. Executed this L day of September, 2013.


Document Created: 2013-09-12 14:25:12
Document Modified: 2013-09-12 14:25:12
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