Attachment 20161227114224-833.p

20161227114224-833.p

SUPPLEMENT

Supplement

1999-11-18

This document pretains to ITC-T/C-19991118-00741 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1999111800741_1387202

                                                      Streamlined      ITC—T/C—19991118—00741
                                                      FAXNET CORPORATION




                         Categories of Se;vices for 214 Applications
                               mt Streamline/Non: streamline)



                       ASSICNMENT OF LICENSE
  A 0A 0A 0A 0o —0 0




                       CLOBAL FACILITIES—BASED SERVICE
                       GLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE
                       CLOBAL RESALE SERVICE
                       INDIVIDUAL FACILITIES—BASED SERVICE
                       INTERCONNECTED PRIVATE LINE RESALE SERVICE
                       LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED
                        GLOBAL RESALE SERVICE
                       LIMITED GLOBAL FACILITIES—BASED SERVICE
DD\DDDD




                       LIMITED GLOBAL RESALE SERVICE
                       INMARSAT AND MOBILE SATELLITE SERVICE
                       SWITCHED RESALE SERVICE
                       TRANSFER OF CONTROL—
                       SUBMARINE CABLE LANDING LICENSE
                       INTERNATIONAL SPECIAL PROJECT


                                                 en                                    '       {   '
     Description of Application:                  _ /C      fi?;/\XV\({'             Cér‘&U (ation
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                    November 17, 1998
210 N. Park Ave.
                    Overnight
Winter Park, FL
32789               Secretary
                    Federal Communications Commission
P.O. Drawer 200     Common Carrier International
Winter Park, FL     P.O. Box 358115
                    Pittsburgh, PA 15251—5115
32790—0200

                    Re:      Application ofFaxNet Corporation for authority to Transfer Control to Fusion
Tel: 407—740—8575
                            Telecommunications International, Inc., pursuant to Section 214 of the
Fax: 407—740—0613           Communications Act of 1934
tmi@tminc.com
                    Dear Secretary:

                    Enclosed for filing are the original and six (6) copies of the above—referenced
                    application of FaxNet Corporation to transfer control to Critical Path,Inc. Also
                    enclosed is a check in the amount of $780 to cover the filing fee.    ~*~—_

                    Please acknowledge receipt ofthis filing by date stamping one copy of this coverletter
                    and returning it in the enclosed, self— addressed, stamped envelope provided. Thank you
                    for your attention in this matter. Questions regarding this filing should be directed to
                    my attention at (407) 740—8575.

                    Sincerely,




                    Monique Byrnes
                    Consultant to
                    FaxNet Corporation

                    cc:     B. Hutchins, FCC
                            Chief, Tariff Review Branch
                            ITS
                            Mellon Bank
                    file:   FaxNet — 214
                    tms:    fcc9900


    EaxNet Corporation
(      vENDOR ID                         NAME                                 PAYMENT NUMBER             CHECK DATE                                                    \

    TAXEEDCO              Federal CommunicationCommissi| 8945                                           11/11/99
     OUR VOUCHER NUMBER          YOUR VOUCHER NUMBER                 DATE                 AMOUNT                    AMOUNT PAID            DISCOUNT       WRITE—OFF             NET       OO

    5196                      11711199                         11711799                      $$780.00                      $$780.00          $$0.00           $$0.00              $$780.00




                                                                                  L           $$780.00                     $$780 .00          $$0.00          $$0.00                  $$780.00
COMMENT                                                                               —




                     s          ie    oo ie                 id o *                                               // ThEFIRST NATIONALBANK| — =.—
                      FAXNETCORPORATION                                           f                io    feful   i2fi lie    —: DF BDOSTON ; ; 1       9ns 1
                            98 N. WASHINGTON ST;—: zo.                    ut Okls       poee ocfi fiale",..pemilg‘ ..
                              BOSTON, MA 02114 .«                           Lelgt     i   mt e forptiete pon P ofi Bai piaile                                  cyd                     $‘

                                         j              |                                                          sfi ~lpare n ul0                                              mount_
                                                                                                                      (uxy >zen tb d                                                  $5780.00 /


PAT        Seven Hundred Ei ghfy Dollars Ahd 00 cents                                                                                                                      t.




TO THE                        e                 5   .
onbper     Federal Communication Commissi

OF




                                                                                                                                                                                           5
                                "0 14950 2it 12011000 390G                                               5411        64159
                                                                      a                                                           a
                                                                            ECU                    LUD                     BAC


BEFORE PROCEEDING
                                                                           REMITTANCE ADVICE
                                                                               PAGE No. 1 oF1
1) LOCKBOX NO.
                                                                                 A — PAYER
(2) PAYER NAME (if paying by credit card, enter name             as   appears on your                                ‘AL AMOUNT paid (dollars and cents)
FAXNET CORPORATION.                                                                                            $780.00
98 N WASHINGTON STREET


BOSTON                                                                                                          02114
617—557—4300


                                                                             — APPLICANT INFORMATION
                                                   enter name             as appears on your




                                                            SECTION C — PAYMENT INFORMATION
                                                                 6                         1            $780.00




                                                                                         NAME IN A—2


PAYERTIN            0     |4     |—    [3    J2        |7    8        5      1     8     APPLICANT TIN
                                                                                                TION

                                                                                 certify under penalty of perjury that the foregoing and supporting information
are true                              best of my                                             belief.
SIGNA                                         hi

                                                                                               AYMENT INFORMA

        MASTERCARD



             1 hereby authorize the FCC to charge my VISA or MASTERCARD                 AUTHORIZED SIGNATURE
             for the service(s) / authorization(s) herein described.


                                     Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                              Washington, D.C. 20554




In the Matter of                            )
FaxNet Corporation                          )
Application for Authority to Transfer of    )
Control pursuant to Section 214 of the      )       File No.
Communications Act of 1934, as amended      )


                        REQUEST FOR TRANSFER OF CONTROL


       FaxNet Corporation ("FaxNet") hereby requests authority, pursuant to Section 214 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 214, and Section 63.18 of the

Commission‘s Rules, 47 C.F.R. Section 63.18, to transfer control of the company to Critical Path,
Inc.



       FaxNet is a company organized under the laws of the state of Delaware. The company
previously obtained authority on August 19, 1996 (ITC 96—369) to resell the telecommunications
facilities of other common carriers and is not a facilities—based carrier. International
telecommunications services are obtained by FaxNet from other common carriers who are
currently authorized by the Commission to provide international service.


       FaxNet Corporation respectfully requests authority from the Public Service Commission of
Georgia (ACommission@) approval of a transfer of control stock transaction between Critical Path,—
Inc. (ACritical Path.@), Wellfleet Acquisition Corp. (AAcquisition@) and FaxNet Corporation
(AFaxNet@ or AApplicant@). Through the proposedtransaction, FaxNet will become a wholly— _
owned subsidiaryof Critical Path, but will operate as a separateentity. FaxNet will continue to
~operate as a nondominant telecommunications services provider after the proposed transfer of
control. This


transaction will result in a stronger financial position from which to continue providing quality
service options to customers of FaxNet.
       Acquisition is a wholly—owned subsidiary of Critical Path. Upon consummation of the
proposed transaction, Acquisition will merge with and into FaxNet with FaxNet as the surviving
corporation. The outstanding shares of Common Stock of the Company shall be converted into the
right to receive cash and—shares of Critical Path Common Stock. As a result of this transfer of
control, Critical Path will own 100% of the outstanding shares of common Stock in FaxNet and
FaxNet will be a wholly—owned subsidiary of Critical Path.
       Closing for the transaction is set for on or before December 15, 1999, subject to Commission
approval. Applicant respectfully requests that the Commission issue an order approving the
transaction.



       In support of FaxNet‘s request for authority to transfer control, the following information

is submitted pursuant to Section 63.18 of the Commission Rules, 47 C.F.R. Section 63.18.



(a)    The name, address and telephone number of the applicant:

               FaxNet Corporation
               98 N. Washington Street
               Boston, MA 02114
               Telephone: 617—557—4300


(b)    FaxNet Corporation is a privately held corporation organized under the laws of the state
       of Delaware. Critical Path, Inc. is a publically held corporation organized under the laws
       of the state of California. Critical Path, Inc. does not offer telecommunications services.




                                                     FCC Section 214 Request for Transfer of Control
                                                                                Faxnet Corporation
                                                                                             page 2


(c)   Correspondence concerning this application should be sent to:
             Britt Hutchins
             FaxNet Corporation
             98 N. Washington Street
             Boston, MA 02114
             Telephone:         617—557—4300
                       — Or M



             Monique Byrnes
             Consultant to FaxNet
             Technologies Management, Inc.
             P.O. Box 200
             Winter Park, Florida 32790—0200
             Telephone:         (407) 740—8575


(d)   FaxNet has previous authority under Section 214, August 19, 1996, ITC 96—369. AMI has
      not obtained previous authority under Section 214.


(e)   FaxNet requests Section 214 Authority to transfer control of the company while retaining
      continuing authority to operate as a resale carrier pursuant to the terms and conditions of
      Section 63.18(e)(2).


      See (e) above.



(g)   FaxNet does now have and does not seek facilities—based authority under Section
      63.18(e)(6).




                                                   FCC Section 214 Request for Transfer of Control
                                                                              Faxnet Corporation
                                                                                           page 3


    (b)      FaxNet and Critical Path certify that neither company is a foreign carrier nor is either
             entity affiliated with any foreign carrier. Applicants further certify that neither has an
             affiliation with any U.S. Carriers whose facilities—based services Fax             resells or
             proposes to resell. In support of this request for transfer, Critical Pa           ibmits the
             following information of its ten percent or greater direct and indirect sharek     rs or other
             equity holders.

.
            ~Critieal—Path is a publically held corporation. No oneindividualor.entity 1        ;a10%—or
    \\\‘                   ®        *                   +            +   4+   «        +




          mass:      greater equity in the company.

             Effective concurrent with the closing betweefi Critical Path and FaxNet, C:         I Path will
             hold 100% of the stock of FaxNet. No 10% or greater shareholder of Cr_             1 Path will
    ~———beaforeign carrier, and no 10%—or greater shareholder of Critical Path w                > affiliated

             with any foreign carrier. Neither FaxNet nor Critical Path or its sharet           rs will be
             affiliated with any underlying carrier whose services will be resold by Fa:


    (i)      FaxNet certifies that it has not agreed to accept special concessions direct       _ indirectly
             from any foreign carrier or administration with respect to traffic or revenue      vs between
             the U.S. and any foreign country which the applicant may serve and wil             enter into
             such agreements in the future.


    0)       The Applicants certify that neither FaxNet nor any party to this applicati(         subject to
             a denial of Federal benefits, as provided in the Anti—Drug Abuse Act of 14         21 U.S.C.

             853a.




                                                            FCC Section 214 Request for Transfer of Control
                                                                                       Faxnet Corporation
                                                                                                     page 4


                                           Conclusion


       As demonstrated in this application, Critical Path, Inc.         is legally qualified to own
controlling interest in FaxNet Corporation For the reasons stated above, the applicants submit that
the public interest, convenience and necessity would be furthered by a grant of this Section 214
request for transfer of control.




       Dated this /6‘      day of November 1999.




FaxNet Corporation                                   Critical Path, Inc.


          4/
    Q/MWA»W
Janfes Driscoll      ©                               Douglas I—fiékey        TCJ
Chief Financial Officer                              President and Chief Executive Officer




Monique Byrnes
Consultant to FaxNet Corporation
Technologies Management, Inc.
P.O. Drawer 200
Winter Park, Florida 32790—0200
Telephone: (407) 740—8575



                                                     FCC Section 214 Request for Transfer of Control
                                                                                Faxnet Corporation
                                                                                             page 5


                                       CERTIFICATION




       I hereby certify that FaxNet Corporation and Critical Path, Inc. are not affiliated
       with any foreign carrier.   FaxNet Corporation and Critical Path, Inc. are not
       affiliated with any facilities—based carrier whose services FaxNet Corporation
       intends to resell. To the best of my knowledge and belief, all of the statements
       made in this application are true and correct.




FaxNet Corporation                                  Critical Path, Inc.




    Q(fiwé \M «[                                  (A;Z/( @/
Jameé?nscoll                                        Douglas Ht’ckey
ChieEFinancial Officer                              President and Chief Executlve Officer




                      Dated:    /Ufi“fi/’/l"ita /é.L (757




                                                    FCC Section 214 Request for Transfer of Control
                                                                                Faxnet Corporation
                                                                                            page 6



Document Created: 2019-04-19 20:49:22
Document Modified: 2019-04-19 20:49:22

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