Attachment 20170110114409-070.p

20170110114409-070.p

SUPPLEMENT

Supplement

2000-04-27

This document pretains to ITC-T/C-20000427-00290 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000042700290_1392526

Categories of for 214 Applications (Stre | —streanliine) LIMITED/GLOBAL RISALE o LIMITED/GLOBAL FZCILI] ED SERVIC: 9 LIMITED/GLOBAL FI.CILI] ED ,/REGALE 9 INDIVIDUAL FACIL]ITIES— ERVIC 0o INTERCONNECTED PE.IVATE LINE RESALE SEE o INMARSAT AND MOBILE S2TELLITE SERVICE 00 INTERNATIONAL SPISCIAL PRqJEC SWITCHED RESALE {SERVICE 2 TRANSFER OF CONTIROL ASSIGNMENT OF LICENSE PRO FORMA TRANSFIR/ASSIGNMENT SPECIAL TEMPORAR!Z AUTHORITY SUBMARINE CABLE IJ.ANDING LICENSE Description of Application:

READ INSTRUCTIONS CAREFULLY APF’ROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE I | f SPECIAL US [’((q) ED\\7 s , 1 L ‘ Fec use onik=2" L ()LockBox# 358115 FCC/MEBABté.. -OAER»—Z 7 2000 U I SECTIONA — PAYER INFORMATION I (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) General Telecom, Inc. $ 780 .00 (4) STREET ADDRESS LINE NO. 1 60 Hudson Street (5) STREET ADDRESS LINE NO. 2 Suitse 1107 (6) city (7) STATE (8) ZiP cope New York NY 20013 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) GOUNTRY CODE (if not in U.S.A.) (212) 547—7000 IF PAYER NAME THE AND APPLICANT NAMEARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) | SECTION B — APPLICANT INFORMATion | (11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card) (12) STREET ADDRESS LINE NO. 1 (13) STREET ADDRESS LINE NO. 2 (14) CY (15) STATE (16) ZIP CODE (17) DAYTIME TELEPHONE NUMBER (Include area code) (18) COUNTRY CODE (if not in U.$.A.) COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) | SECTIONC — PAYMENT INFORMATION | (19A) FCC CALL SIGN/OTHER ID (20A) PAYMENTTYPE CODE (PTC) (21A) QUANTITY (22A) FEE DUEFOR (PTC) IN BLOCK 20A FCC USE ONLY [¢0 J11 _I{f 01 |s 780 .00 (23A) FCC CODE 1 (24A) FCC CODE 2 (19B) FCC CALL SIGN/OTHER ID (20B) PAYMENT TYPE CODE (PTC) (218) QUANTITY (22B) FEE DUE FOR (PTC) IN BLOCK 208 |—FCC USE ONLY (23B) FCC CODE 1 § _1____] s (24B) FCC CODE 2 (19C) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (21C)QUANTITY (22C) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY (23C) FCC CODE 1 _ L_ _ s (24C) FCC CODE 2 (19D) FCC CALL SIGN/OTHER ID (20D) PAYMENT TYPE CODE (PTC) (21D)QUANTITY (22D) FEE DUE FOR (PTC) IN BLOCK 200 FCC USE ONLY (23D) FCC CODE 1 £_— [ s (24D) FCC CODE 2 SECTION D — TAXPAYER INFORMATION (REQUIRED) (25) (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER NAME IN A—2) PAYER TIN 0|s |2|1|7]1ls|o|s|4 APPLICANT TIN |0O SECTION E — CERTIFICATION | (27) CERTIFICATION STATEMENT , Certify under penalty of perjury that the foregoing and supporting information (PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE SECTIONF — CREDIT CARD PAYMENT INFORMATION (28) MASTERCARDNISA ACCOUNT NUMBER: EXPIRATION DATE: MASTERCARD MONTH YEAR 7# AUTHORIZED SIGNATURE DATE VISA | hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization(s) herein described. p SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

IRWIN, CAMPBELL & T WALD, P.C. COPY ATTORNEYS A 1730 RHODE ISLAND . w. SUITE 20 wASHINGTON, D.C (202) 728—0— FAX (202) 728 ELIZABETH S. HOULTON (202) 728—0401 Ext. 111 , 2000 VIA MESSENGER Federal Communications Commission IB Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: General Telecom Application for Authority to Control Dear Sir or Madam: Transmitted herewith on behalf of General * s an application for authority under Section 214 to transfer control of General Teleco icribed in the attached application. General Telecom is currently authorized to provide j »rnational facilities—based and resale telecommunications services between the United S waii, Puerto Rico, the U.S. Virgin Islands and international points, pursuant to ITC—S ffective January 23, 1998; General Telecom does not intend to expand or modify its exi »al authority in any way through the filing of this application. The attached application n equirements of Section 63.12 of the Commission‘s rules and thus is eligible for streaml! essing. A check made payable to the FCC in the ; f $780.00 is enclosed to cover the required filing fee. If you have any questions, please contact the undersigned. Very truly yours, AsHoulLs Elizabeth S. Houlton # Enclosures

€ FEDERAL COM! ONS COMMISSION Wash :. 20554 In the Matter of General Telecom File No. ITC— Application for Authority to Transfer Co of General Telecom, an Authorized International Carrier under Section 214 c Communications Act of 1934, as Amend to ATC Teleports, Inc. To: Chief, International Bureau APPLICATION FOR AU* TO TRANSFER CONTROL OF AUTHORIZEI \TIONAL CARRIER General Telecom, which was auth! ivide global international facilities—based and resale communications services on Janual (ITC—97—789), hereby respectfully requests, pursuant to Section 214 of the Communi of 1934, as amended ("Act"), 47 U.S.C. § 214, and Section 63. 18 of the Commission C.F.R. § 63.18, authority to transfer control of General Telecom and its Section 214 : 1 fromthe three current stockholders of the company —— Melissa Craig (40%), Thom;i 2%), and Jeanne Swanke (20%) —— to ATC Teleports, Inc., a wholly—owned subsidiary or aAmerican Tower Corp. The instant application meets the requirements of 47 C.F.R. § 63.12 and thus is eligible for streamlined processing. 1. BACKGROUND General Telecom was granted global authority to provide international facilities—based and resale communications services on January 23, 1998 (ITC—97—789). When it originally applied for 214 authorization from the FCC, 100% of the stock of General Telecom was owned by Melissa Craig, a U.S. citizen. Subsequently, the stock was split as follows: Melissa Craig — 40%, Thomas

Tilton — 40 and Jeanne Swanke — 20% .‘ Under ; hase and Sale Agreement dated April 25, 2000, ATC »leports, Inc., a wholly—owned subsic )f American Tower Corp. incorporated in the State of Ylaware, will acquire 100 % of the sto« seneral Telecom. American Tower Corp. is a public] ield U.S. company and is also inco :ed in the State of Delaware. Except as shown in E bit A, no single person or entity own or more of the stock of American Tower Corp. Unc the new corporate structure, C 1 Telecom will continue to provide telecommu ations services under the rates, term: sonditions of General Telecom‘s existing internation: ariff. Thus, the transfer will not | inconvenience or confusion to General Telecom‘s ( tomers or otherwise adversely impact al Telecom‘s operations. In other words, the transfer il1 be completely transparent to Gene ‘lecom‘s customers. In it arlier application for global authorit »r Section 214, General Telecom, which is headquar ad in New York, New York, propos »nter the business of operating switching equipment a switching international telecommuni s traffic for customers, including carriers. General Tel m had no foreign affiliations then an not after the transfer of control have any such affiliat 1s. Thrc ‘h its new ownership structure, as u ‘he old structure, General Telecom will compete with other carriers that already provide international telecommunications services to ‘ Because General Telecom erroneously concluded that none was required based on the amount of stock transferred, no 214 application was filed with the FCC requesting permission to transfer certain portions of the company‘s stock from Melissa Craig to Thomas Tilton and Jeanne Swanke at the time the transfer of stock actually occurred on or around January 1, 1998. Thus, General Telecom has filed on April 24, 2000, an additional 214 application to request that such transfer be authorized nunc pro tunc at this time. *

overseas points by providing switching services over its existing switching facilities. By granting this application, the Commission serves the public interest, convenience and necessity by continuing to promote competition in the international services market. The Commission has already found the provision of international services by General Telecom to be in the public interest through its earlier 214 application. General Telecomis providing the same services in the international telecommunications marketplace that it provided prior to the transfer after the transfer and such provision of service under the new corporate structure should enhance General Telecom‘s ability to offer competitively priced services. Thus, the public interest will be served by the grant of consent to the transfer of control of General Telecom under Section 214 of the Communications Act as proposed in this application. II. SECTION 63.18 SHOWING In support of General Telecom‘s request for consent to the transfer of control, the following information is resubmitted pursuant to Section 63.18 of the Commission‘s Rules: (a) Name, address and telephone number of applicant: General Telecom [214 holder] 1 World Trade Center, Suite 8331 New York, NY 10048 (212) 226—1200 ATC Teleports, Inc. 3040 Williams Drive, Suite 600 Fairfax, VA 22031 (703) 206—0014 (b) General Telecom and ATC Teleports, Inc., are corporations organized and existing under the laws of the States of Massachusetts and Delaware, respectively. *

(c) All correspondence concerning this application should be directed to: FOR GENERAL TELECOM (current shareholders): M« Melissa Craig, CEO eral Telecom ‘orld Trade Center, Suite 8331 r York, NY 10048 ) 226—1200 . a copy to: r Tannenwald, Esq. abeth S. Houlton, Esq. n, Campbell & Tannenwald, P.C. ) Rhode Island Ave., N.W., Suite 200 hington, D.C. 20036—3101 ) 728—0400 {ATC TELEPORTS. INC.: Michael B. Milsom, VP/General Counsel/Secretary . Teleports, Inc. ) Williams Drive, Suite 600 fax, VA 22031 ) 206—0014 a copy to: n E. Disenhaus, Esq. O. Gagnier, Esq. ler, Berlin, Shereff, Friedman, LLP ~K Street, NW., Suite 300 Washington, D.C. 20007—5116 (202) 424—7500 (d) General Telecom has received authority previously under Section 214 of the Communications Act, as described above, to provide international facilities—based and resold telecommunications services pursuant to Section 63.18(e)(1) and (e)(2) of the Commission‘s rules. ATC Teleports, Inc., and its affiliates possess

international authority under Section 214. Attached as Exhibit B is a list of Section 214 authorizations held by ATC Teleports, Inc., and its affiliates. (e) General Telecom and ATC Teleports, Inc., do not seek to expand or modify General Telecom‘: existing Section 214 global facilities—besed 0: resale autr0rity in any way. The parties only seelc Conimission approva. of tke trarsfer of the current sharzholders‘ ownership interest in General Teleco:n to 4TC Teleports, Inc.. 8 At this time, Gexneral "‘Telecom seeks no other ruthorizatio 1 available iinder Section 63.18(e). (g) Not applicable, as the applicants do noi seek to alt>r Gereral Telecom‘s existing internatior al facilities— based or resale authority. (B) After the ‘ransfer, ATC Teleports, Inc., will own 100% of th» stock of Gener:l Tele:som. ATC Teleports, Inc., i; wholly owned by American Tower Corp. Se: Exhibit A for further required ownership infomaticn. A‘TC Telepor‘s, Inc., does not Lave a 1y interlocking directorites with a foreign carrier. ATC Teleports, Inc. certifies that it is not affil:ated, 1irect y or indirectly, with an:/ foreign or U.S. faciliies—based carrier. See furtker ownership ani citizenshi»p informatioa in Exhibi: A. ATC Teleports, ‘nc., f‘urther certifies taiat it has no affiliation, directly or indirectly, with the underlying carrier(s) whose services General Telecom is currently reselling or intends in the future to resell (either directly or indirectly through the resale of another reseller‘s service).

(J)—(m) Neither ATC Teleports, Inc., nor any of its principals is a foreign carrier or controls any foreign carrier. Neither company is controlled, in whole or in part, by a foreign carrier. Thus, these subsections of Section 63.18 are not applicable. (n) ATC Teleports, Inc., certifies that neither it nor its affiliates have a;reed ind will not agree in the future to accept any direct or indizect special concession: from a foreign carrier or administration with regard to traffic or 1evenue flov‘s betyseen tie United States and any foreign countries that General Telecom is autho ‘ized t3 servs. (0) ATC Teleports, Inc., certifies that no party to this app ication has been deniel, individually or jointly, any federal benefits pursuant to section 530 1 of the An‘i— Drug Abuse Act of 1988. (p) This application meets the requirements of Section 63.1° of the FCCT‘s rles ard thus is eligible for streamlined processing. (continued on next page...)

m vva, uus S§"27—@9 15:58 ATC TELEPORTS_MILSOM ID:S?B 921 7168 Poz/ a 0 MI. CONCLUSION ° General Telecom ‘and ATC Teleports, Inc., each certify that the information in ths application related to them is accurate ard correct. Because General Telecom has demoustr:ited is clilgibflity for strearnlined prc'ycassing and has demonstrated thar the public interest, conveniet ce ay 1 necessity would be furthered by a grant of its applicarion, General Telscom tespectfully requesis that it be authorized to tr:gbsfm- cortrol of the company aud its Section 214 authorization frioxn th: current shareholders to ATC Teleports, Inc., and allow General Telecom to continue to provide switched communications services to its customers under the new corporate smficture. Respectfully subpmitted, GENER AL TELXKCOM a By: W¥ elissa Craig, C $ ATC TELEPORTS, INC. By: ZVE@ 5s_ Michael B. Milsorm, VP/Secrerary Dared: ??ZI?FOZ) F

EXHIBIT A 10 Percent or Greater Shareholders or Other Equity Holders As a result of the transfer of control described above, General Telecom will be who owned by ATC Teleports, Inc., whose offices are located at 3040 Williams Drive, Fairfax, ] 22031. ATC Teleports, Inc. is a Delaware corporation which is wholly owned by American Tov Corp., also a Delaware corporation, whose shares are publicly traded. No American Tower Corp. shareholder holds ten percent or more of the common stock that company, other than Steven B. Dodge, who holds 28.94% of the voting power of Americ Tower Corp. Mr. Dodge is the CEO of American Tower Corp. and is a U.S. citizen. His addr is 239 Summer Street, Manchester, MA 01944, and his primary business is as an investor telecommunications entities. Interlocking Directorates None

EXHIBIT B Section 214 Authorizatioas Held by ATC Teleports. lnc. Holder ICG Satellite Service Inc. FCC File No. ITC—214—19970131—00053 (old file No. ITC—97—059) Effective Date March 18, 1997 Holder Maritime Telecommunications Network, Inc. Effective Date March 18, 1997 FCC File No. ITC—214—19970131—00052 (old file No.: ITC—97—056) Holder Maritime Telecommunications Network, Inc. Effective Date November 26, 1997 FCC File No. ITC—214—19970506—00253 (old file No.: ITC—97—274) Holder Maritime Telecommunications Neyswork, Inc. Effective Date June 13, 1997 FCC File No. ITC—97—235—AL Holder Maritime Telecommunications Network, Inc. Effective Date June 13, 1997 FCC File No. ITC—97—236—AL! Holder American Tower Systems, Inc. FEffective Date May 4, 1998 FCECC File No. ITC—98—313—TC® j The FCC approved the fransfer of control of the Section 214 authorizations listed under Nos, 1 — 5 from ICG Satellite Services and Maritime Telecommunications Network, Inc. to ATC Teleports Inc. in File No. ITC—T/C—19990824—00594 (effective October 20, 1999). This file number is for a proforma transfer of control of a Section 214 s authorization from American Tower Systems, Inc. to American Tower Corp. The underlying Section 214 authorization was assigned from MicroNet Corp. to American Tower Systems in American Tower Systems, Inc., Memorandum Opinion, Order and Authorization, 12 FCC Red 15285 (1997) (FCC File No. ITC—97—469—AL). * d

. Holder American Tower Systems, Inc. Effective Date June 1, 1998 FCC F le No. ITC—98—391—TC 329463.; 3 This file number is for a proforme transfer of control of a Section 214 authorization from to Amencan Tower Systems, Inc. to American Tower Corp. The underlying Section 214 authorization was assigned from Washingron International Teleports to American Tower Systems, Inc., reported at 13 FCC Red 8671 (1998) (FCC File Number ITC—98—213—Al).


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