Attachment Request for STA

This document pretains to ITC-STA-20180208-00032 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2018020800032_1335419

                                 Lance J.M. Steinhart, P.C.
                                        Attorneys At Law
                                    1725 Windward Concourse
                                             Suite 150
                                    Alpharetta, Georgia 30005

Also Admitted in New York                                              Telephone: (770) 232—9200
Email: Isteinhart@telecomcounsel.com                                   Facsimile: (770) 232—9208

                                        February 7, 2018

VIA ELECTRONIC FILING
Ms. Marlene H. Dortch, Secretary
Office of the Secretary
Federal Communications Commission
9300 East Hampton Drive
Capitol Heights, MD 20743

Attn: International Bureau

               Re: San Isabel Telecom, Inc. and Futurum Communications Corp. dba
                   Forethought.net; Joint Request for Special Temporary Authority to
                   Operate Pending Approval of Transfer of Control Application

Dear Ms. Dortch,

        Pursuant to section 214 of the Communications Act of 1934, as amended, 47 U.S.C.
§ 214, San Isabel Telecom, Inc. (FRN 0005061775) ("San Isabel" or "Transferor"‘), along with
Futurum Communications Corp. dba Forethought.net ("Furturum" or "Transferee"), hereby
request Special Temporary Authority ("STA") to allow Futurum to continue to provide
facilities—based, local exchange and domestic and international exchange telephone services
pending final FCC approval of San Isabel and Futurm‘s combined, joint section 214
application for domestic and international transfer of control ("Joint Application").

       San Isabel provides facilities—based, local exchange and domestic and international
interexchange telephone services; broadband Internet access; analog and IP—enabled data
network services; wireless; and VoIP services to customers in Colorado. Futurum also
provides facilities—based, local exchange and domestic and international interexchange
telephone services; broadband Internet access; analog and IP—enabled data network services;
wireless; and VoIP services to customers in Colorado.

        Beginning on or about December 2016, the principals of San Isabel and Futurum
initiated a transaction involving the sale of all of the issued and outstanding stock of San Isabel
to Forethought Acquisitions, a holding company which is fully owned by Futurum, and
therefore transfer direct control of San Isabel, in exchange for cash. This transaction has was
reduced to writing, executed, and consummated as of December 19, 2016.


Ms. Marlene H. Dortch, Secretary
February 7, 2018
Page 2

       As of consummation, Transferee and its principals were not aware of the requirement
for Commission approval of the transaction. Given the Transferor‘s very limited, existing
consumer population, the fact that the Transferor entity remained the carrier of record to its
existing customers, and the fact that the transaction did not involve any incumbent local
exchange carrier operations, both parties to the transaction did not timely focus on the full
extent of the potential regulatory implications of the transaction.

        However, upon consultation and further discussion with the undersigned regulatory
counsel concerning all applicable regulatory requirements, Transferee and its principals have
now requested, through submission of its Joint Application, formal Commission approval of
the transfer of control of both San Isabel‘s international and domestic section 214 license to
Futurum, which has already consummated. The combined Joint Application for approval of
the transfer of control was filed on MyIBFS, dated January 30, 2018; Submission ID
1B2018000281. Since consummation, Futurum and San Isabel have continued to provide
service to their respective customers without change in rates, terms, or conditions of service.

        In the meantime, and prior to the approval of its Joint Application, Futurm and its
owners hereby request a grant of STA to allow Futurum to continue to serve San Isabel‘s
customers under current ownership and without interruption pending Commission approval of
the Joint Application.

         Grant of the instant STA will serve the public interest, convenience, and necessity because
it will permit the continued provision of service to San Isabel‘s existing customers relaying on it
for telecommunications service, thereby precluding the need for any service disruption. As
demonstrated in the Joint Application, the consummated transaction enabled Transferor to obtain
access to additional financial and operational resources through capital investment. The transfer
of control will ensure the ongoing provision of high—quality telecommunications to the public, the
possible introduction of new services, and will promote competition in the U.S.
telecommunications service market. As evidenced by the Joint Applications‘ eligibility for
streamlined processing, transactions such as these do not raise anticompetitive concerns under the
Commission‘s rules and policies.‘

       San Isabel and Futurum 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. San Isabel and Futurum
further acknowledge that grant of an STA and the Joint Application will not preclude
enforcement action.

        For the foregoing reasons, the Commission should grant Futurum Communication Corp
d/b/a Forethought.net‘s STA request to allow it to continue to provide service under its current
ownership.




\ See 47 C.F.R. § 63.03(b)(@2)(G); Implementation ofFurther Streamlining Measures for Domestic Section 214
Authorizations, Report and Order, 17 FCC Red. 5517, 30 (2002).


Ms. Marlene H. Dortch, Secretary
February 7, 2018
Page 3

        If you have any questions, or if I may provide you with additional information, please do not
hesitate to contact me at (770) 232—9200, or via email, at lsteinhart@telecomcounsel.com.
Thank you.




                                              Lance J.M. Steinhart, Esq.
                                              Managing Attorney
                                              Lance J.M. Steinhart, P.C.
                                              Attorneysfor San Isabel Telecom, Inc. and
                                              Futurum Communications Corp.
                                              d/b/a Forethought.net


                                                            CERTIFICATION

STATE OF COLORADQ




                                             No/ N Nut Nt
COUNTY OF DENVER, to—wit:




       I, Jawaid Bazyar , President of Futurum Communications Corp dba Forethought.net, after

first being duly sworn, upon my oath depose and say that I have read and am familiar with the

foregoing Request for Special Temporary Authority to Operate Pending Approval of Transfer of

Control Application and that the facts and allegations contained therein are true, except so far as

they are therein stated to be on information, and that, so far as they are therein stated to be on

information, I believe them to be true.                                l
                                                                   2


                                                                   ———lh oi L212
                                                              7/




                                                                                            ‘r..

       Taken, subscribed and sworn to before me, the undersigned authority, this the @"’? day
of November, 2017.

                                                                              y


       My Commission expires             H’PKLG ’3“ ; Q O’} %
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                         RELIY purron
                        NOTARY PuBLiC
                      STATE OF COLORADo
                     NOTARY ID 20144016884
            . [my commssion expires ar

                                                                           Notary Public



Document Created: 2018-02-07 12:52:58
Document Modified: 2018-02-07 12:52:58

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