Attachment STA Attach

This document pretains to ITC-STA-20140922-00269 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2014092200269_1061439

International Section 214 Request for Special Temporary Authority Page 1 of 4 REQUEST FOR EXTENSION OF SPECIAL TEMPORARY AUTHORITY ATTACHMENT 1 ANSWER TO QUESTION 10 Next Communications, Inc., formerly known as Next Communication, Inc. (“Next Communications”), herein requests a 180-day extension of the Special Temporary Authority (“STA”) previously granted1 to continue to provide service pursuant to international Section 214 authorization, File No ITC-214-19990107-0014, pending grant of an application for authority to transfer control of this authorization.2 Next Communications, Inc. (“Next”) is requesting additional time to negotiate and conclude an agreed upon buyout of certain shareholders, Engin Yesil and Ali Guven Kivilcim. During the extension of time, Next will be obtaining an independent valuation of Next in order to reach an agreed upon price for the above buyout. The goal is for Next, after an agreed upon buyout, will only have shareholders that are U.S. citizens and/or otherwise qualify for an updated transfer of control application and processing on a streamlined basis. Additionally, Next is awaiting further discussions with Team Telecom. Grant of this STA extension request is in the public interest because it will allow Next Communications to continue providing service to customers in conformance with the Commission’s rules pending approval for the company’s ownership changes. During the term of the company’s current Special Temporary Authorization, Next Communications continued to work to address homeland security and law enforcement issues of the Executive Branch Agencies (“Team Telecom”). Next Communications acknowledges that grant of its request for Special Temporary Authority will not prejudice action by the Commission, or other reviewing agencies, on the underlying Section 214 transfer of control application, File No. ITC-T/C-20120919-00231. Next _________________________ 1 See Next Communications, Inc. Request for Special Temporary Authority, File No. ITC- STA- 20140619-00183 (granted June 20, 2014); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC- STA-20140417-00128 (granted Apr. 22, 2014); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20140219-00044 (granted Feb. 21, 2014); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20131219- 00344 (granted Dec. 23, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20131119-00312 (granted Nov. 22, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20131017-00274 (granted Oct. 23, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC- STA-20130905-00252 (granted Sept. 23, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20130712- 00186 (granted July 23, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20130515-00140 (granted May 24, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20130319-00076 (granted Mar. 26, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20130110-00009 (granted Jan. 25, 2013); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC- STA-20121109-00288 (granted Nov. 26, 2012); Next Communications, Inc. Request for Special Temporary Authority, File No. ITC-STA-20120919-00225 (granted Sept. 27, 2012). 2 See Streamlined International Applications Accepted For Filing, Public Notice, Report No. TEL-01580S, File No. ITC-T/C-20120919-00231 (Sept. 28, 2012).

International Section 214 Request for Special Temporary Authority Page 2 of 4 Communications also acknowledges that any authority granted pursuant to this request is subject to cancellation or modification upon notice, but without a hearing. ANSWER TO QUESTION 12 Section 63.18(i): Next Communications is not a foreign carrier, but is affiliated with ATSI Comunicaciones SA de CV, a telecommunications company in Mexico. Next Communications has no other foreign carrier affiliations. Section 63.18(j): Next Communications certifies that it will provide service to Mexico, where it is affiliated with a foreign carrier, ATSI Comunicaciones SA de CV. Section 63.18(k): Mexico is a WTO member country. Section 63.18(l): Pursuant to Section 63.10 of the Commission’s rules, 47 C.F.R. § 63.10, Next Communications qualifies for non-dominant classification on the route between the United States and Mexico because ATSI Comunicaciones SA de CV has no market power in Mexico. See id. § 63.10(a)(3). ATSI Comunicaciones SA de CV provides wholesale national and international long distance services in Mexico. ATSI Comunicaciones SA de CV lacks 50 percent market share in the international transport and the local access markets in Mexico and is not listed on the Commission’s List of Foreign Telecommunications Carriers that Are Presumed to Possess Market Power in Foreign Telecommunications Markets.3 As such, Next Communications is presumptively classified as non-dominant on the U.S.-Mexico route. Section 63.18(m): See response to Section 63.18(l). ANSWER TO QUESTION 13 See response to Question 12. ________________________ 3 The International Bureau Revises and Reissues the Commission’s List of Foreign Telecommunications Carriers that Are Presumed to Possess Market Power in Foreign Telecommunications Markets, Public Notice, DA 07-233 (Jan. 26, 2007).

International Section 214 Request for Special Temporary Authority Page 3 of 4 ANSWER TO QUESTION 14 See response to Question 12. ANSWER TO QUESTION 16 Section 63.18(d): Next Communications holds the international Section 214 authorization that is the subject of this application, File No. ITC-214-19990107-00014 (authority to provide global facilities-based and resold services). Section 63.18(e)(3): Next Communications is not applying for authority to acquire facilities or to provide services not covered by Sections 63.18(e)(1) and (e)(2) of the Commission’s rules, nor is it seeking additional authority under Section 63.18(e)(3). Section 63.18(g): Not applicable.

International Section 214 Request for Special Temporary Authority Page 4 of 4 ATTACHMENT 2 ANSWER TO QUESTION 15 Ownership: The following individuals have a ten percent or greater direct ownership interest in Next Communications: Direct Shareholder Name: Arik Meimoun Address: 450 Alton Road, No 1102, Miami Beach, Florida 33139 Citizenship: United States Principal Business: Telecommunications Percentage Equity and Voting Ownership in Next Communications: 50% Direct Shareholder Name: Ali Guven Kivilcim Address: 436 Alamanda Drive, Hallandale, Florida 33009 Citizenship: United States Principal Business: Telecommunications Percentage Equity and Voting Ownership in Next Communications: 13% Direct Shareholder Name: Engin Yesil Address: 40 Star Island Drive, Miami Beach, Florida 33139 Citizenship: Turkey Principal Business: Real Estate Percentage Equity and Voting Ownership in Next Communications: 37% No other person or entity has a direct or indirect, voting or equity ten percent or greater ownership interest in Next Communications. Interlocking Directorates: Arik Meimoun, the Chief Executive Officer of Next Communications, is the General Manager of ATSI Comunicaciones SA de CV, a telecommunications company in Mexico.


Document Created: 2014-09-17 17:41:31
Document Modified: 2014-09-17 17:41:31
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