Attachment 20161227103236-990.p

20161227103236-990.p

SUPPLEMENT

Supplement

2000-03-10

This document pretains to ITC-T/C-20000310-00195 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000031000195_1386111

Categories of Services for 214 Applications (Streamline/Non—streamline) 8 LIMITED/GLEBAL RESALE E @1 LIMITED/GL?BA% FACILI SED SERVICE \ O LIMITED/GLOBAL FACILI SED/RESALE S] O INDIVIDUAL FACILITIES SERVICE O INTERCONNE?TEj PRIVAT RESALE SERVIC O INMARSAT AND MOBILE S E SERVICE 5 INTERNATIONAL SPECIAL p O SWITCHED RESALE SERVICE A 8 TRANSFER OF CONTROL ASSIGNMENT OF‘LICENSE O PRO FORMA T SFER/ASSIGNMENT O SPECIAL TEMPORARY AUTHORITY 8 —SUBMARINE CABLE LANDING LICENSE Description of Application: Streamlitie? ftyjusgfw of comfeel, no fergiyy if Fillites, P ‘hbff}/4 J%VW375/Mf '/7@b°(,?°“fic4f4 /:D‘7T'19Tb“%7fi ns (Afe/ [scleiys dijveacdarsTes

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION tccrasuuo®n MRA 02000wasrinartont, p.c. 20554 dbvat C & In the Matter of AMERICAN COMMUNICATIONS NETWORK, INC. a/k/a ACN COMMUNICATIONS, INC. AND File No. I—T—C—00— ARRIVAL COMMUNICATIONS, INC. Application for Consent to Transfer International Resale Authority Pursuant to Section 214 of the Communications Act of 1934, as Amended. APPLICATION American Communications Network, Inc. a/k/a ACN Communicétions, Inc. ("ACN") and Arrival Cormmunications, Inc. ("Arrival") hereby request consent pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (1982), and Section 63.18 of the Federal Communications Commission ("FCC") Rules, 47 C.F.R. § 63.18 et seq., for the transfer to Arrival of the international resale authority held by ACN. The proposed acquisition of the operating authority held by ACN will be accomplished through a merger of the two applicants. Upon the consummation of the merger, Arrival will be the survivor and ACN will cease to exist. Following the merger, all telecommunications operations in which ACN previously was engaged will continue to be undertaken by Arrival. Moreover, these operations will continue to be carried out by ACN‘s existing management personnel and operating employees. The merger is being undertaken to facilitate the parties‘ entry into the domestic advanced services market and will not affect any international operations. Consequently, this application is non—controversial and should be granted on a streamlined basis.

Applicants submit the following information in support of their application: 1. Rule 63.18 (a)—(d) Transferor (a) American Communications Network, Inc. alk/a ACN Communications, Inc. 5100 California Avenue, Suite 104 Bakersfield, California 93309 Tel: 661—281—2100 (b) Transferor is orgénized as a corporation under the laws of the State of California. (c) Correspondence concerning this Application should be sent to: John L. Clark GOODIN, MACBRIDE, SQUERI, SCHLOTZ & RITCHIE, LLP 505 Sansome Street, 9th Floor ' San Francisco, California 94111 Telephone: (415) 765—8443 Fax: (415)—765—8443 (d) Transferor has previously received authority under Section 214 of the Communications Act to provide global switched resale international message telecommunications services (File No. ITC—95—533). Transferee (a) Arrival Communications, Inc. 88 Kearny Street, Suite 1610 San Francisco, California 94108 Tel: 415—955—9023 (b) Transferee is organized as a corporation under the laws of the State of Delaware.

(c) Correspondence concerning this Application should be sent to: John L. Clark GOODIN, MACBRIDE, SQUERI, SCHLOTZ & RITCHIE, LLP 505 Sansome Street, 9th Floor San Francisco, California 94111 Telephone: (415) 765—8443 Fax: (415)—765—8443 (d) Transferee has not previously requested or received authority under Section 214 of the Communications. Act to provide global switched resale international message telecommunications services (File No. ITC—95—533). 2. Rule 63.18 (e)—(p) (e) Applicants seek consent for the acquisition by Transferee Arrival of the global international switched resale authority held by Transferor ACN. (h) The following persons or entities will directly or indirectly own a ten percent or more equity interest in Transferee Arrival upon consummation of the merger: Name and Address Citizenship Business Percent Ownership James P. Bowman 5100 California Avenue, Ste. 104 USA Businessman 11.22% Bakersfield, CA 93309 Housatonic Partners 88 Kearny Street, Ste. 1610 USA Venture Funding 22.74% San Francisco, CA 94108 BancBoston Ventures, Inc. 175 Federal Street, 10°" FL. USA Venture Funding 11.74% Boston, MA 02110

Brandon Nixon 88 Kearny Street, Ste. 1610 USA Businessman & San Francisco, CA 94108 Fleet Boston Corporation _ 100 Federal Street USA Financial Services ** Boston, MA 02110 7 * Brandon Nixon is the controlling partner of Housatonic Partners. ** Fleet Boston Corporation is the publicly—traded parent of BancBoston Ventures, Inc. There are no interlocking directorships between Transferee Arrival and any foreign carrier. (1) Transferee Arrival certifies that it is not affiliated with any foreign carrier. ()) Transferee Arrival certifies that it does not seek to provideinternational telecommunications services to any destination country for which subsection (1), (2), (3), or (4) of 47 C.F.R. § 63.18(j) is true. (.k) Not applicable. (1) Not applicable. (m) Not applicable. (n) Transferee Arrival certifies that it has not agreed and will not agree ‘to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route. (0) Transferee Arrival certifies that no party to the application is subject to a deniali of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1998. (p) This application qualifies for streamlined processing under 47 C.F.R. § 63.12 because it seeks authorizations only under 47 C.F.R. § 63.18 and none of the exceptions to streamlined processing set forth in 47 C.F.R. § 63.12(c) apply.

CONCLUSION As demonstrated in this application, Transferee Arrival is qualified to provide the services for which Transferor ACN now holds authority. Moreover, the authorization requested herein will not adversely affect any services or customers now served by Transferor ACN. For the reasons stated above, the applicants submit that the public interest, convenience and necessity would be furthered by a grant of this application. The requested authorization should therefore be issued for the acquisition by Arrival Communications, Inc. for thev acquisition of the global international resale authority held by American Communications Network, Inc. a/k/a ACN Communications, Inc. Respectfully submitted this 7th day of March 2000 at San Francisco, California. GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY, LLP John L. Clark 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: (415) 765—8443 Facsimile: (415) 398—4321 B ‘A‘w\,() gl/‘/\—'\,/ John L. Clark Attorfieys for Applicants

03(96/00 12:49 FAX 415 398 4321 __ GMSRD @002 CERTIFICATION OF TRANSFERE&R I hereby certify that the statements in the foregoing application are true, complete, and correct to the best of my knowledge and are made in good faith. AMERICAN COMMUNICATIONS NETWORK, INC. d/b/a ACN Name: # Ja ’Es P. Bowman Title: President Date: March % 2000

MUN 1Z:4Y FAA 419 3484 40421 GMSKD 1g] 0 0 2 vus/v6/uUuU CERTIFICATION OF TRANSFERGE I hereby certify that the statements in the foregoing ipplication are true, complete, and correct to the best of my knowledge and are made in good faitk. ARRIVAL COMMUNICATIONS, INC. By: %\%\% Name: Warfen Heffelfinger Title: Chief Executive Officer _ Date: > March Z, 2000 ©2807/001/%104G8—1


Document Created: 2019-04-21 07:44:06
Document Modified: 2019-04-21 07:44:06
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