Attachment One

This document pretains to ITC-STA-20150505-00115 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2015050500115_1087417

ATTACHMENT 1 Answer to Question 1 This request seeks Special Temporary Authority for the continued operation of Blue Casa Telephone, LLC (“BCT”) under the ownership and control of two individuals, Jeff Compton (FRN 0024575094) and Howard Brand (FRN 0024575086), pending approval of their acquisition of such ownership and control. BCT commenced operations in 2011, after acquiring the customer base and associated assets of Blue Casa Communications, Inc. (“BCC”) via an assignment for the benefit of creditors. The assets acquired by BCT included BCC’s International 214 operating authority, ITC-214-20030602-00265. The assignment of BCC’s assets, including the 214 license, was authorized by the Commission under File No. ITC-ASG-20110204-00043. At the time of the acquisition, BCT was a wholly-owned subsidiary of TCAST Communications, Inc. (“TCAST”), 1 but under the day-to-day management of Mr. Compton and Mr. Brand. Approximately ten months later, ownership and control of BCT was acquired by Mr. Compton and Mr. Brand, with Mr. Compton obtaining a 49% ownership interest and Mr. Brand obtaining a 51% ownership interest. This transfer had been contemplated at the time of the BCC assignment but, for logistical reasons, ownership and control of BCT was maintained by TCAST on an interim basis. An application for approval of the transfer of control was filed with the California Public Utilities Commission in August 2011, and a decision granting the application was issued on February 1, 2012, with the transaction being consummated shortly thereafter. Although Mr. Brand and Mr. Compton were represented by an experienced, now-retired telecommunications attorney, the need to obtain Federal Communications Commission (“FCC”) approval of the change in control was inadvertently overlooked, for reasons that are unknown at this time. This oversight was discovered on May 4, 2014, following an inquiry by FCC International Bureau staff in connection with a very recently-filed, unrelated application for approval of a transfer of the customer base of Telscape Communications, Inc. to BCT. A combined Joint Application for approval of the 2012 transfer of control was filed on May 5, 2015, pursuant to Rule 63.03 (47 C.F.R. § 63.03) and Rule 63.24 (47 C.F.R. § 63.24). In the meantime, BCT and its owners request a grant of Special Temporary Authority to allow BCT to continue to serve its customers without interruption pending Commission approval of the Joint Application. BCT, Mr. Compton, and Mr. Brand acknowledge that grant of the requested STA will not prejudice any action the Commission may take on the Joint Application and that, once granted, the STA may be revoked on the Commission’s own notice, without hearing. BCT, Mr. Compton, and Mr. Brand further acknowledge that grant of an STA and the Joint Application will not preclude enforcement action. 1 TCAST Communications, Inc. ceased operations after filing for bankruptcy in 2013. {}

Answer to Question 16 Rule 63.18 (d): BCT holds authority to provide global facilities-based and global resale services under File No. ITC-214-20030602-00265. (BCT also holds blanket domestic operating authority pursuant to Rule 63.01, 47 C.F.R. § 63.01.) Rule 63.18 (e)(3): not applicable Rule 63.18 (g): not applicable {}


Document Created: 2015-05-05 13:20:10
Document Modified: 2015-05-05 13:20:10
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