Attachment 20161227140738-103.p

20161227140738-103.p

SUPPLEMENT

Supplement

1999-12-07

This document pretains to ITC-T/C-19991207-00765 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1999120700765_1387311

ervices for 214 Applications (@ _—ILIMITED/GLOBALRESALESERVICE se AL FACILITIES—BASED SERVICE *T RESALE SERVICE este) C ERVICE s RESALE SERVICE mIFe) E SERVICE Aim —INTERNATIONALSPECIALPROJECT e E y i#o o se um

SWIDLER BERLIN SHEREFF FRIEDMAN, LLQOPY 3000 K STREET, NW, SUtTE 300 WasHINGTON, DC 20007—5116 ELIZABETH DICKERSON TELEPHONE (202) 424—7500 m NEW YORK OFFICE DirEct DiaL (202); 945—6962 aeo 07 \("‘3}3 FacsimiLE (202) 424—7643 919 THirp AvenUr EBDICKERSON@swIDLAW.COM _ _ \)LL; j NEW YORK, NY 10022 December 7, 1999 VIA OVERNIGHT DELIVERY Federal Communications Commission International Bureau, Telecommunications Division P.0O0. Box 338115 Pittsburgh, PA 15251—5115 Attn: Diane Cornell, Division Chief Re: EXPEDITED CONSIDERATION REQUESTED Joint Application for Authority, Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Transfer Control nune pro tunc of OmniCall, Inc. to Access One Communications Corp. Dear Ms. Cornell: On behalf of Access One Communications Corp., formerly know»nas CLECHolding Corp. ("Access One"), and OmniCall, Inc. ("OmniCall) (collectively "Applicants"), enclosedfor filing are an original and six (6) copies of the above—referenced Application. Applicants respectfully request expedited treatment ofthis Application. As required by the Commission‘s Rules, a checkin the amount of $780.00 is enclosed to cover the prescribed filing fee. Please date—stamp the enclosed extra copyofthis application and return it in the self—addressed, postage prepaid envelope provided. Should you have any questions concerning this Application, please do not hesitate to contact the undersigned. Respectfully submitted, <Pitamin Pickeosem Patrick J. Whittle Elizabeth Dickerson Counsel for Access One Communications Corp. and OmniCall, Inc. Enclosures co: Lee Haynsworth — OmniCall, Iac. Kevin Griffo — Access One Communications Corp. 309832.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of w Nee Sn Mact Reeast Neitt Net Neeid Nes Nee Nee Naut Nagei! ACCESS ONE COMMUNICATIONS CORP. (Formerly Known as CLEC Holding Corp.) and File No. __ OMNICALL, INC. Application for authority pursuant to Section 214 Communications Act of 1934, as amended, to transfer control nunc pro tunc of an authorized international carrier JOINT APPLICATION Access One Communications Corp., formerly known as CLECHolding Corp. ("Access One") and OmniCall, Inc. ("OmniCall") (collectively "Applicants"), by their undersigned counsel, hereby request authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214, and Section 63.18 ofthe Commission‘s Rules, 47 C.F.R. § 63.18, to authorize nune pro tunc a transfer of control of OmniCall to Access One. For exigent business reasons, the Applicants needed to quickly consummate a transaction whereby Access One acquired ownership and control of OmniCall, and OmniCall became a wholly owned subsidiary of Access One. The Applicants assure the Commission that they will in the future, seek all necessary prior approvals in compliance with Commission rules. Applicants respectfully request expedited treatment of this Application in order to permit them to consummate the proposed transfer of control transaction as soon as possible. In support of

this request, Applicants not: that this Application is eligible for streamlined processing pursuant to Section 63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12, for the reasons stated below. In support of this Application, Applicants submit the following information: I. THE TRANSACTION Access One and OmniCall have determined that they will realize significant economic and marketing efficiencies by establishing OmniCall as a wholly owned subsidiary of Access One. Accordingly, Access One and OmniCall have entered into an agreement to transfer control of OmniCall to Access One. The proposed transaction is structured as a merger of OmniCall and a newly created subsidiary of Access One formed specifically for purposes of consummating the transaction ("Newco"). OmniCall will merge with and into Newco, with OmniCall being the surviving entity. Following the merger, OmniCall will be a wholly owned subsidiary of Access One. OmniCall is a non—dominant common carrier that holds international 214 authorization. Although the proposed transaction will transfer ownership and control of OmniCall tc Access One, it will not involve a change in the manner in which OmniCall provides service to its international customers. Immediately following thetransaction, OmniCall will continue to provide high quality telecommunications services to its customers pursuant to its authorization granted by the Commission, with no change in the rates or terms and conditions of service currently enjoyed by its existing customers. The transfer of control, therefore, will be virtually transparent to OmniCall‘s customers in terms of the international services that they receive.

IL. INFORMATION REQUIRED BY SECTION 63.18 (a) Name, address, and telephonenumber of Applicants: Transferee: Access One Communications Corp. 3427 NW 55°" Street Ft. Lauderdale, FL 33309 407/648/5230 (Telephone) Transferor: OmniCall, Inc. 430 Woodruff Road, Suite 350 Greenville, SC 29607 864/288—9999 (Telephone) (b) Transferee: Access One is a corporation organized underthe laws of the State of New Jersey. Transferor: OmniCall is a corporation organized under the laws of the State of South Carolina. (c) Correspondence concerning this Application should be sent to: Patrick J. Whittle, Esq. Elizabeth Dickerson, Esq. Swidler Berlin Shereff Friedman, LLP 3000 K Street, NW., Suite 300 Washington, D.C. 20007 202/424—7500 (Telephone) 202/424—7643 (Facsimile) with a copy to: Lee Haynsworth OmniCall, Inc.430 Woodruff Road, Suite 450 Greenville, SC 29607 864/297—4336 (Telephone) 864/297—4797 (Facsimile) (d) Transferee: Although Access One does not directly hold Section 214 authorization, its direct wholly owned subsidiary, The Other Phone Company DBA Access One, holds Section 214 authorization to provide global international resale services between the United States

and international points. See FCC File No. ITC—98—335 (July 17, 1998). Transferor: OmniCall holds Section 214 authorization to provide global international resale services between the United States and international points. See FCC File No. ITC—97—327(June 25, 1997). (e)(3) By this Application, Applicants seek authority to transfer of control of OmniCall, a nondominant common carrier holdinginternational Section 214 authorization, to Access One, the parent of a non—dominant common carrier holding international Section 214 authorization. (h) The following persons or entities hold a ten percent (10%) or greater, direct or indirect, ownership in Access One: Name/Address % Held Citizenship Principal Business Sirco International, Corp. 21 % U.S. Telecommunications 24 Richmond Hill Avenue Stamford, CT 96901 Ken Baritz 14% U.S.\ Telecommunications c/o Access One Communications Corp. 3427 NW 55¢" Street Ft. Lauderdale, FL 33309 Bill Rogers — 10% U.S} Telecommunications c/o OmniCall, Inc. ' f 430 Woodruff Road, Suite 350 Greenville, SC 29607 No shareholder—of Sirco Internationalholds a ten percent (10%) or greater interest ~ in Access One. ~ _ Smz e otmoes Access One has no interlocking directorates with a foreign carrier. i) Access One certifies that it is not affiliated within the meaning of Section 63.09(e) of the Commission‘s Rules, with a foreign carrier, as defined in Section 63.09(d) of the Commission‘s Rules.

) Access One certifies that it does not seek to provide international telecommunications services to any destination country where: (1) Access One is a foreign carrier in that country; or. (2) Access One controls a foreign carrier in that country; or (3) Any entity that owns more than 25 percent of Access One, or that controls Access One, controls a foreign carrier in that country. (4) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate more than 25 percent of Access One and are parties to, or the beneficiaries of, a contractual relation affecting the provision or marketing or international basic telecommunications services in the United States. (k) Not applicable. (1) Not applicable. (m) Not applicable. (n) Access One certifies that it has not agreed to accept special concessions, as defined in Section 63.14(b) of the Commission‘s Rules, directly or indirectly from any foreign carrier, as defined in Section 63.09(d) of the Commission‘s Rules, with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect commpetition adversely in the U.S. market, and will not enter into such agreements in the future. (0) Access One certifies that no party to this application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (p) Access One requests streamlined processing of this application pursuant to Section 63.12 ofthe Commission‘s Rules. This application qualifies for streamlined processing because Access One has no foreign affiliations, has no affiliation with a dominant U.S. carrier whose international switchedor private line services Access One seeks authority to resell, and does not seek authority to provide switched basic services over private lines to a country for which the Commission has not previously authorized the provision of such services.

CONCLUSION For the reasons stated herein, Access One Communications Corp. (fon'nerl); known as CLEC Holding Corp.) and OmniCall, Inc. respectfully submit that the public interest, convenience, and necessity would be furthered by grant of this application for consent to the transfer of control of OmniCall to Access One. Respectfully submitted, ACCESS ONE COMMUNICATIONS CORP. OMNICALL, INC. ‘ ® By: flg&l@]fixfiflé@_ PatrickJ. Whittle Elizabeth Dickerson SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW, Suite 300 Washington, DC 20007—5116 202/424—7500 (Telephone) 202/424—7643 (Facsimile) Dated: December 7, 1999 398744

CERTIFICATION OF TRANSFEREE On behalfofAccess One Communications Corp. (formerly known as CLEC Holding Corp.), I hereby certify that the statements in the foregoing Joint Application for Authority to Transfer Control of an Authorized International Carrier are true, complete, and correct to the best of my knowledge and are made in good faith. ACCESS ONE COMMUNICA¥ATIONS CORP. By: %u é% Name: Kevin Griffo Title: President Date: /5,1/;4 9


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Document Modified: 2019-04-20 13:52:14
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