Attachment 20170112141751-073.p

20170112141751-073.p

SUPPLEMENT

Supplement

1998-09-15

This document pretains to ITC-T/C-19980916-00633 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1998091600633_1392931

~TLi1cZ7/e_ 9980760433 Categories of Services for 214 Applications (Streamline/Non—streamline) ASSIGNMENT OF LICENSE (o) GLOBAL FACILITIES—BASED SERVICE ts‘ ) GLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE GLOBAL RESALE SERVICE @" ) INDIVIDUAL FACILITIES—BASED SERVICE INTERCONNECTED PRIVATE LINE RESALE: SERVICE =) LIMITED GLOBAL FACILITIES—BASED SERVICKE/LIMITED o GLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICHE DD&\DDDD LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVICE SWITCHED RESALE SERVICE TRANSFER OF CONTROL SUBMARINE CABLE LANDING LICENSE INTERNATIONAL SPECIAL PROJECT Description of Application:

recimElLon sep 151898 COPY SWIDLER BERLIN SHFPEFF FRIEDMAN, LLP WASHINGTON OFFICE ~ ' NEW YORK OFFICE 3000 K STREET, NW, SutTE 300 919 THIRD AvENUE WaSHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 TELEPHONE (212) 758—9500 FACSIMILE (202) 424—7647 FACSIMILE (212) 758—9526 September , 1998 VIA HAND DELIVERY Magalie Roman Salas, Esq Streamlined ITC—T/C—19980916—00633 Secretary ACCESS AUTHORITY, INC. Federal Communications Commission International Bureau — Telecommunications Divisio P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Application of Access Authority, In and Ursus Telecom Corp. to Transfer Control of Access Authorit Inc. Dear Ms. Salas: Enclosed for filing with the Commission are original and six (6) copies of the application of Access Authority, Inc. and Ursus Telecom Corp. (¢o stively, the "Applicants") for authority pursuant to Section 214 of the Communications Act. The Ar icants are requesting approval of the transfer of control ofAccess Authority, Inc. to Ursus Telecom C p. The Applicants respectfully request that their application be handled on a streamlined basis. As required by the Commission‘s Rules, enc! ed is a check in the amount of $780.00, payable to the Federal Communications Commission. Pleas ate—stamp the extra copy of this application and return it in the enclosed self—addressed, stamped em ope. If you have any questions concerning this application, please do not hesitate to contact the unc signed. Respectfull}/ submitted, «‘)([ %p HarsZ Helen E. Disenhaus Adam L. Kupetsky Counsel for Access Authority, Inc. Enclosure £6: Jeffrey Chaskin Paul E. Biava Michael Donahue 249159.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Access Authority, Inc. and Ursus Telecom Corp. , File No._LCG—T—149 9096 00422 Application for authority pursuant to Section 214 of the Communications Act of 1934, as amended, to transfer control of an authorized international carrier APPLICATION Access Authority, Inc. ("Access Authority") and Ursus Telecom Corp. ("Ursus") (together the "Parties"), by their undersigned counsel, hereby request authority, pursuant to Section 214 ofthe Communications Act of 1934, as amended, 47 U.S.C. § 214 (1982), and Section 63.18 of the —_ Commission‘s Rules, 47 C.F.R. § 63.18 (1997), to transfer control of AccessMfi._;?) 32w For business reasons, the Parties need to quickly consummate a transaction whereby Ursus will acquire all of the outstanding shares of capital stock of Access Authority and Access Authority will become a wholly owned subsidiary ofUrsus. The Parties respectfully request expedited, streamlined treatment of this application.

I. THEPARTIES A. AccessAuthority,Inc. Access Authority, Inc. is a privately held Delaware corporati 10se principal offices are located at 2325 Umberton Road, Suite 27, Clearwater, FL 34622. Pu : to Section 214 authority granted by the Commission, Access Authority is authorized to operate acilities—based andresale carrier in accordance with Sections 63.18(e)(1) and (2) of the Con on‘s Rules. See Access Authority, Inc., 13 FCC Red 2783, File No. ITC—97—060 (effective ] i18, 1997). As required by Commission Rules, Access Authority maintains tariffs at the Co sion for its international services. Access Authority is considered to be a non—dominant carri ler the FCC rules. It is respectfully submitted that, after completionof the transaction desct ierein, Access Authority will continue to be qualified to operate as an authorized non—dominat mational facilities—based and resale carrier, as a subsidiary of Ursus. B. UrsusTelecomCorp. Ursus Telecom Corp. is a Florida limited liability corporation :address is 440 Sawgrass descaet Corporate Parkway, Suite 112, Sunrise, Florida 33325. Ursus curre i0lds global Section 214 authority to provide resold and facilities—based international telecomm tions services. See Ursus Telecom Corp., 13 FCC Red354, File No. ITC—97—692 (effectiveJan. 2, 1998). Ursus also holds a cable landing license for the Bahamas II Cable System. See Modification of Cable Landing License, File No. SCL—96—003(M), DA 98—1674 (rel. August 21, 1998). Ursus has no foreign carrier ownership, and is not affiliated with any foreign carrier.

Ursus is considered to be a non—dominant carrier under the FCC rules. It i: submitted that, after complétion of the transaction described herein, Ursus will cc qualified to operate as an authorized non—dominant international facilities—based and 1 II. THE TRANSACTION Access Authority and Ursus have determined that they will realize significant & marketing efficiencies by merging their operations. Accordingly, Access Al._lthority a consummate an Agreement ("Agreement") in Whlich Ursus will purghiser 100 percen of Access Authority, with Access Authority becoming a wholly—owned subsidia Approval ofthis application will enable Ursus to provide international services more ef efficiently. Access Authority‘s customers will continueto receive high quality, afford as customers of a wholly owned subsidiary of Ursus. III. PUBLIC INTERESTCONSIDERATIONS Approval ofthe proposed transaction will serve the public interest in promoting among operating international carriers by providing Ursus the opportunity to s competitive position with greater financial resources. Because the transfer of contr Authority to Ursus involves two non—dominant telecommunications carriers op zc * ez competitive international telecommunications marketplace, the transfer of control w competition or raise antitrust issues.‘ The transaction will invigorate competition in the international services market by enabling Access Authority and Ursus to pursue their marketing and ‘See In re Applications ofNYNEX Corp., Transferor and Bell Atlantic Corp. Transferee, for Consent to Transfer Control ofNYNEX Corp. and Its Subsidiaries, File No. NSD—L—96—10 (adopted August 14, 1997) (applying the Department of Justice and Federal Trade Commission 1992 Merger Guidelines for evaluating the likely competitive effects of the merger). 3

business plans more effectively. The acquisition, therefore, will serve the public interest by enhancing the service offerings, operational efficiency as well as the financial viability ofUrsus and Access Authority. IV. INFOR\ TIONREQUIRED BY SECTI 163.18 Pursuant Section 63.18 of the Commissio Rules, 47 C.F.R. § 63.18, the Applicants submit the follov. ___g information: (a) Name and address of Applicants are: Access Authority, Inc. 2325 Umberton Road, Suite 27 Clearwater, FL 34622 (813) 571—4500 Ursus Telecom Corp. 440 Sawgrass Corporate Parkway Suite 112 Sunrise, FL 33325 (954) 846—7887 (Telephone) (954) $46—7889 (Facsimile) (b) Access Authority is a corporation orga ied under the laws of the State of Delaware. Ursus is a limited liability corporatic organized under the laws of the State of Florida. (c) Correspondence concerning this appli ion should be sent to: For Access Authority: Paul Biava Access Authority, Inc. 2325 Umberton Road, Suite 27 Clearwater, FL 34622 (813) 571—4500 (813) 592—4577

For Ursus: Jeff Chaskin Ursus Telecom Corp. 440 Sawgrass Corporate Parkway Suite 112 Sunrise, FL 33325 (954) $46—7887 (Telephone) (954) $46—7889 (Facsimile) with a copy to: Helen E. Disenhaus, Esq. Adam L. Kupetsky, Esq. Swidler Berlin Shereff Friedman, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 (202) 424—7500 (telephone) (202) 424—7645 (facsimile) (d) Access Authority currently holds Section 214 global authority to provide resold and facilities—based international telecommunications services. See Access Authority, Inc., 13 FCC Red 2783, File No. ITC—97—060 (effective March 18, 1997). Ursus currently holds Section 214 global authority to provide resold and facilities— based international telecommunications services. See Ursus Telecom Corp., 13 FCC Red 354, File No. ITC—97—692 (effective Jan. 2, 1998). Ursus also holds a cable landing license for the Bahamas II Cable System. See Modification of Cable Landing License, File No. SCL—96—003(M), DA 98—1674 (rel. August 21, 1998). (e)(5) The authorization sought in this application will approve a transaction which would permit Ursus to acquire one hundred percent of the outstanding shares of Access Authority. (£) Not applicable. (g) Not applicable.

(B) Ursus has no foreign carrier ownership.—Ursus‘s ohrca.s 10% or greater \ shareholders u2 auet w are: > Name/Address Citizenship % Principal Business Fincogest, S.A. Swiss 90% Fiduciary Corporation (a trust 1, Carrefour de Rive whose sole beneficiary is CH1207 Mr. Luca Giussani, a private _— Geneva, Switzerland Italian citizen, resident in the United States, whose address *.; is 440 Sawgrass Corporate Parkway, Suite 112, Sunrise, Florida 33325. Mr. Giussani is not affiliated with a foreign carrier) Jeffrey and Joanna Chaskin ,U.S. 10% Telecommunications 9944 N.W. 48" Court \ Coral Springs, FL 33076 Ursus has no interlocking officer or directorate information to report. Ursus is not affiliated with any foreign carrier. i) As required by Section 63.18(i) of the Commission‘s Rules, 47 C.F.R. § 63.18(i), Ursus certifies that it has not agreed to accept nor shall it accept in the future any special concessions, as defined by the Commission‘s Rules, directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and any foreign country for which Access Authority or Ursus may be authorized to serve. G) Neither Ursus nor Access Authority is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. Certification pursuant to Section 1.2002 of the Commission‘s Rules (implementing the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301) are attached. (k) Neither Ursus nor Access Authority is affiliated with a foreign carrier. Accordingly, Ursus and Access Authority request expedited, streamlined treatment of this application in accordance with 47 C.F.R. § 63.12.

CONCLUSION For the reasons stated herein, Access Authority and Ursus respectfully submit that the public interest, convenience and necessity would be furthered by a grant of this application for consent to the transfer of control of Access Authority. Respectfully submitted, Helen E. Disenhaus, Esq. Adam L. Kupetsky, Esq. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP. 3000 K Street, N.W. Suite 300 Washington, D.C. 20007 Phone (202) 424—7500 Facsimile (202) 424—7645 Counsel for Access Authority, Inc. and Ursus Telecom Corp. September 15, 1998 2811771

09/11/98 FRL 08:35 FAX 215 59% 0753 ACCESS AUTHORITY id 002 sEP—10—98 18.44 FROM: SWIDLER BERLIN SHEREFF FR iD:— 26242475645 j On behaif of Access Authority, Inc. and in accordance with Section 1.2001—1.2003 ofthe Commission‘s Rules, 47 C.FR. §§ 1.2001—1.2003, I hereby certify that no party to this application is subject to a denial of Federal benefits that imcludes FCC benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 833a. I also hereby certify that the statements in the foregoing application for transfer of control of in international camer licensed under Section 214 are true, complete, and correct to the best of my knowledge and are made in good faith. ACCESS AUTHORITY, INC.

SEP—10+~98 18 :28 FROM.SWIDLER BERLIN SHEREFF FR ID: 2024247845 PAGE 23 CERTIFICATION OF APPLICANT On behalf of Ursus Telecom Corp. and in accordance with Section 1.2001—1. O( +0 the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that no party :o t S application is subject to a denial of Federal benefits that includes FCC benefits gurs1 int to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. I alsc hei ‘by se ify that the statements in the foregoing application for transfer of control of an inter iati( 1a) carmer licensed under Section 214 are true, complete, and correct to the best of niy k on led ce and are made in good faith. Ursus Telecom Corp. has not agreed to accept nor shall it accept i1 the fi ture an Sp Cis concessions, as defined by the Commission‘s Rules, directly or indirectly from a ny | Ee m camer or administration with respect to traffic or revenue flows on any U S. inte mat on lrc ite where the foreign camer possesses sufficient market power on the foreigr end orthe ol e d 0 affect competition adversely in the U.S. market URSUS TELECOM CORP. _47%————« Name: /J’Effrz@/ 2. QuAsk n Title: CAIE£ Ofi’flfi‘fin\q{ O@Q(Cert— Date: ?//0/96.


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Document Modified: 2019-04-10 08:49:49
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