Attachment Attachment 1

This document pretains to ITC-STA-20140110-00009 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2014011000009_1032562

                                                                                      Attachment 1



Response to Item 10:

       Special Temporary Authority (“STA”) is hereby requested for Hiawatha Broadband

Communications, Inc. (“HBC”) to continue uninterrupted service to the public while an

application for Section 214 authorization for a transfer of control of HBC to Robert A. Kierlin is

processed by the Commission (the “214 Application”).1

       As explained in detail in the attached letter request for Domestic Section 214 STA, a

transfer of control of HBC occurred on April 1, 2012 when Mr. Kierlin’s stock ownership interest

in HBC increased above the 50% level.

       HBC remains the carrier of record to customers. Grant of the requested STA will serve the

public interest, convenience and necessity because it will permit the continued provision of service

by HBC without interruption to customers while the Commission considers the 214 Application.

Customers rely upon HBC for telecommunications service and would be adversely impacted if

there was a disruption of service while the 214 Application is processed. This STA request and the

214 Application demonstrate the qualifications of Mr. Kierlin to control HBC, and that the past

transfer of control of HBC does not present any eligibility or anticompetitive concerns under

applicable Commission rules and policies.

       As the international Section 214 authorization holder, HBC acknowledges that grant of this

STA request will not prejudice any action the Commission may take on the 214 Application. The

parties further acknowledge that STA may be revoked by the Commission upon its own motion

without a hearing. The parties acknowledge that grant of STA request and the 214 Application will

not preclude enforcement action for the unauthorized transfer of control.



1
  HBC and Mr. Kierlin are parties to a Joint Application for Transfer of Control of HBC’s Domestic and
International Section 214 authorizations filed contemporaneously herewith.


Response to Item 16:

          With reference to Section 63.18(d) of the Commission’s rules, HBC holds the following

international Section 214 authorization which is the subject of this STA request: File No. ITC-

214-20071113-00536, granted January 18, 2008.2 That authorization is for Global or Limited

Global Resale Service.

          In response to Section 63.18(e)(3) of the Commission’s rules, HBC hereby certifies that it

will comply with the terms and conditions contained in Section 63.22 of the Commission’s rules.

(Section 63.21 which concerns facilities-based international carriers is inapplicable to this STA

request.)

          Section 63.18(g) of the Commission’s rules is not applicable because HBC does not seek

facilities-based authority.




2
    See Public Notice Report No. Report No. TEL-01227, DA No. 08-152, released January 24, 2008.


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Document Created: 2014-01-09 17:31:56
Document Modified: 2014-01-09 17:31:56

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