Attachment 20161213144300-473.p

20161213144300-473.p

SUPPLEMENT

Supplement

2000-07-25

This document pretains to ITC-T/C-20000720-00422 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000072000422_1381266


#CC/MELLON juL 202000 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of RECEIVED TECHNOLOGY CONTROL, INC File Nos. ITC—96—211 and ITC 95—011 JUL 2 5 >m00 AND Telecqm Diwision International Bureau TECHNOLOGY CONTROL SERVICES, Inc. File No. ITC—97—120 File No. For Consent to the Transfer of Control of Section 214 Authorizations, from Hemisphere Investments, Inc. to Convergent Networks, Inc. To: Chief, International Bureau APPLICATION FOR CONSENT TO THE TRANSFER OF CONTROL OF INTERNATIONAL SECTION 214 AUTHORIZATIONS Hemisphere Investments, Inc. (‘Hemisphere") and Convergent Networks, ("Convergent‘), pursuant to Section 214 of the Communications Act of 1934, as amended (47 U.S.C. § 214), and Section 63.18 of the Commission‘s Rules (47 C.F.R. § 63.18) hereby request Commission consent to the transfer of control of the above—captioned Section 214 authorizations held by Technology Control Services, Inc. ("TCS") and Technology Control, Inc. ("TC").‘ from Hemisphere to Convergent. ‘ Subsequent to grant of the Section 214 authorizations, HCS and TC were merged into a single entity whose name was changed to Technology Control Services, Inc. That company remains a subsidiary of Hemisphere.

Grant of this application will serve the public interest, convenience and necessity by prc ting competition in the international services market. Competition will benefit U.S. col mers by increasing service options and lowering prices. Thus, the public interest will be Set 1 by the transfer of control of the referenced Section 214 authorizations from Hemisphere to avergent. Descriptionof In a merger agreement executed between the pafties dated July 6, 2000, Convergent has ag! 1 to acquire all of the outstanding shares of Hemisphere. The parties plan to consummate thi ansaction by July 27, 2000 Pursuant to Section 63.18, the following information is submitted in support of this apI ation: > > Simultaneously with the filing of this transfer of control application, the parties are also filing a request for Special Temporary Authority to consummate the merger pending final approval of this application in accordance with the Commission‘s streamlined processing rules governing routine Section 214 applications.

a. The names, addresses, and telephone numbers of the transferor and transferee are: Transferor Hemisphere Investments, Inc.. 200 N. Andrews Avenue Third Floor Ft. Lauderdale, FL 33301 (phone) (954) 712—0507 Transferee Convergent Networks, Inc. 900 Chelmsford Street Tower Three Lowell, MA 01851 (phone) b. TCS is a corporation organized and existing under the laws of the State of Florida. Convergent is a corporation organized and existing under the laws of the State of Delaware. c. Correspondence concerning this application should be addressed to: Transferor Nader Mousavi, Esq. Technology Control Services, Inc. 200 N. Andrews Avenue Third Floor Ft. Lauderdale, FL 33301 (phone) (954) 712—0507 (facsimile) (954) 712—0554 with copies of all correspondence to: Mitchell F. Brecher Greenberg Traurg, LLP 800 Connecticut Avenue, NW Washington, DC 20006 (202) 331—3100 (telephone) (202) 331—3101 (facsimile)

Transferee Ms Pamela Lenehan Convergent Networks, Inc. 900 Chelmsford Street Tower Three Lowell, MA 01851 (978) 323—3300 (telephone) (978) 323—3500 (facsimile) d. Convergent has not received authority previously under Section 214 of the Communications Act. Hemisphere‘s subsidiary, TCS, currently holds only the Section 214 authorizations listed above. c By this application, the applicants seek Commission consent to transfer control of Section 214 authorizations held by TCS from its present owner to Convergent pursuant to Section 63.18(e)(5) of the Carmmission‘s rules. 47 C.F.R. § 63.18(e)(5). f Not Applicable. g. Not Applicable. h. Convergent has no affiliation with any United States carriers whose facilities it proposes to resell, and there are no interlocking directors. The following persons and/or entities owns or controls, directly or indirectly, ten percent or more of Convergent: Name: Matrix Venture Partners Address: Bay Colony Corporate Center 1000 Winter Street, Suite 4500 Waltham, MA 02451 Principal Business: Venture capital investment Ownership Interest: 17.6% Name: Battery Ventures Address: 20 William Street, Suite 200 Wellesley, MA 02481 Principal Business: Venture capital investment Ownership Interest: 17.6%

(i) Convergent certifies that i1 t a foreign carrier, nor does it have an affiliation with any foreign carrier. 0) Convergent certifies th: does not seek to provide .international telecommunications services to any destin sountry in which the Applicant is a foreign carrier, the Applicant controls a foreign carrier entity that owns more than 25 percent of the Applicant or that controls the Applicant, c s a foreign carrier, or two or more foreign carriers (or parties that control foreign carriers) in the aggregate, more than 25 percent of the Applicant and are parties to, or beneficiai , a contractual relation affecting the provision or marketing of international telecommunicalt ervices in the United States. _ (k) Not Applicable. (0) Not Applicable. (m) Not Applicable. (n) Convergent certifies that is )t agreed and will not agree in the future to accept any direct or indirect special concession: i any foreign carrier with respect to any United States international route where any such m carrier possesses market power on the foreign end of the route. (0) Convergent certifies, pursuant to Sections 1.2001 through 1.2003 of the Commission‘s rules (47 C.F.R. §§ 1.2001—1.2003), 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 (21 U.S.C. § 853a). (p) The Applicants desire streamlined processing of this application pursuant to Section 63.12 of the Commission‘s rules. The Applicants are eligible for such streamlined

07/20/2000 THU 15:35 FAX 954 7120554 Legal @oo2 processing because none of the exceptions which would disqualify Convergent from eligibility as set forth in Section 63.12(c) of the Commission‘s rules are applicable. The grant of this application will serve the public interest by promoting fincreased competition in the international telecommunications marketplace, consistent with the intent and objectives of the Commission and the United States Congress. WHEREFORE, in view of the information contained bherein, it is respectfully requested that the Commission grant the instant application to permit the transfer of control of Technology Control Services, Inc., a holder of Section 214 authorizations, to Convergence Networks, Inc. Respectfully submitted, HEMISPHERE INVESTMENTS, INC. By: 7‘4‘&7’ ’i' ML‘ HarleyRollins CONVERCGENT NETWORKS, INC. By: Pamela Lenchan Mitchel] F. Brecher Greenberg Traurig, LLP 800 Connecticut Avenue, NW Suite 400 Washington, DC 20006 (202) 331—3100 Their Counsel Dated: July 19, 2000 WASH/BRECHERM/55405/1 6r101!.00C/7/19/00

neceaivea: 61207 °V 32997 M 3 u7832394900 —>— GAEENBERG® I HAUKILG3 rage 2 07/20/00 THU 14:44 FAX 9783233500 Convergent Networks, Inc ooz processing because noneofthe exceptions which would disqualify Convergent from eligibility as set forth in Section 63.12(c) of the Commission‘s rules are applicable.. The grant of this application will'-serve the public interest by promoting increased competition in the international telecommunications marketplace, consistent with the intent and objectives of‘ the Commission and the United States Congress. WHEREFORE, in view of the information contained herein, it is respectfully requested that the Commission grant the instant application to permit the transfer of control of Technology Control Services, Inc., a holder of Section 214 authorizations, to Convergence Networks, Inc. Respectfully submitted, HEMISPHERE INVESTMENTS, INC. By: Harley Rollins CONVERGENT NETWORKS, INC, By: Qflg/ j Oéézeé;? Pamela F. Lenehan Vice President Chief Financial Officer Mitchell F. Brecher Greenberg Traurig, LLP 800 Connecicut Avenue, NW Suite 400 Washington, DC 20006 (202) 331—3 100 Their Counsel Dated: July 19, 2000 WASH/BRECHE 3M/55405/16r1011.D00C/7/20/00


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Document Modified: 2019-04-19 21:20:00
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