Attachment 20161220140838-360.p

20161220140838-360.p

SUPPLEMENT

Supplement

2000-10-06

This document pretains to ITC-T/C-20001003-00600 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000100300600_1385128

                   P I P E R
H\i M A R B U RY
  | [ RUDNICK                                                                                          a% NS
     es            s woLre us                                                      al
                                                                                            qpr >
                                                                            e1088
                                                                        raf !;Lb
                                                                    ?GCI s                  |
                                                                                            WRITER‘S INFORMATION
 1200 Nineteenth Street, N.W.
 Washington, D.C. 20036—2412                                                                paul.jamieson@piperrudnick.com
 www.piperrudnick.com                                                                       PHone (202) 861—6917

 PrionE (202) 861—3900
 Fax    (202)223—2085



                                                              October 3, 2000




                 HAND DELIVERY                                                                   OCT 0 6 2000
                                    oys            220.                                          Telecom Division
                 Federal Communications Commission                                              mternafionai‘Bureau
                 P.O. Box 358115
                 Pittsburgh, PA 15251


                 Re:       Application for Transfer of Control
                           Oration Technologies, Inc., File No. ITC—214—20000407—00204



                 To whom it may concern:

                         On behalf of G8 S.A.r.1. ("Transferee"), we are submitting herewith an original and five
                 (5) copies of an application for transfer of control of Oration Technologies, Inc. ("Oration"),
                 holder of international global facilities—based and resale Section 214 Authority, FCC File No.
                 ITC—214—20000407—00204, to Transferee.

                         Also submitted is FCC Form 159 and a check in the amount of $815.00, in payment of
                 the required fee. Any questions regarding this matter should be directed to the undersigned.




                                                                      ARee [4 _
                                                                     Sincerely,         .

                                                                       Jz     P >
                                                                     Paul W. Jamieson

                 PWJ/eo
                 Enclosures

                 co:     Justin Connor (via hand delivery)




CHICAGO      |         BALTIMO RE   |   WASHINGTON        |   NEW YORK    |     PHILADELPHIA       |    TAMPA      |   DALLAS   |   RESTON


                                                                                 Streamlined       ITC—T/C—20001003—00600
                                                                                 ORATION TECHNOLOGIES, INC.




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




In the Matter of




                                                             N/ N/ N/ N/ NN N/
                                                                                                     CEIV
                                                                                                  RECE    Er
                                                                                                       IVE|
ORATION TECHNOLOGIES, INC.                                                                        RE

                                                                                  File No.          OCT 0 6 2000
Application for Transfer of Control
                                                                                                    Telecom Division
ITC—214—20000407—00204                                                                            International Bureau




                           APPLICATION FOR TRANSFER OF CONTROL


        Charles L. Smith ("Transferor") and G8 S.&a.r.1. ("Transferee"), pursuant to Section 214 of

the Communications Act of 1934, as amended, 47 U.S.C. § 214 (the "Act"), and Section

63.18(e)(5) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(5), hereby request authority to

transfer control of Oration Technologies, Inc. (“Ora‘tion”),1 holder of international global

facilities—based and resale Section 214 Authority, FCC File No. ITC—214—20000407—00204.

Transferee, Oration and ViaServices Group, Inc. ("VSG") have enteredinto a Stock Purchase

Agreement pursuant to which Oration and VSG will become wholly—owned subsidiaries of

Transferee. Transferor is the majority shareholder of Oration. In support hereof, and in




 ‘ Oration applied for and received the above captioned Section 214 authority under the name, Oration Technologies
 Holdings, L.L.C. By letter of August 28, 2000, Oration notified the Commission that it had changed its name to
 Oration Technologies Holdings, Inc. By subsequent letter of September 5, 2000, Oration notified the Commission
 that Oration had, in fact, changed its name to Oration Technologies, Inc., not Oration Technologies Holdings, Inc.
 While captioned as a name change, this action was in fact a pro forma assignment of Oration‘s Section 214
 Authority under Section 63.24(a)(4) of the FCC‘s Rules. Oration hereby corrects and clarifies its August 28, 2000
 and September 5, 2000 correspondence and notifies the Commission of the pro forma assignment of the above—
 captioned Section 214 authorization, pursuant to Section 63.24(b) of the FCC‘s Rules.


accordance with the following listed subsections of Section 63.18, the parties respectfully submit
the following information:

        (a)     Transferor:      Charles L. Smith
                                 13540 Discovery Drive
                                 Omaha, NE 68137—3020
                                 Telephone: 402—522—1000

                Transferee:       G8 S.a.r.l.
                                 10 Rue Antoine Jans
                                 L—1820 Luxembourg
                                 Telephone: 011—331—4225—2450

        (b)     Transferee is a Luxembourg corporation. Transferor is a U.S. Citizen.

        (c)     All correspondence on behalf of the Transferor should be sent to:

                                 Charles L. Smith
                                 13540 Discovery Drive
                                 Omaha, NE 68137—3020
                                 Attention: Gail Jones

                         with a copy to:

                                 Mr. Brent F. Dille, Esq.
                                 Harbor Consulting Group Inc.
                                 3220 Uddenberg Lane, Suite 4
                                 Gig Harbor, WA 98335

                All correspondence on behalf of the Transferee should be sent to:

                                 G8 S.Ar.l.
                                 c/o Mees Pierson Trust
                                 10 Rue Antoine Jans
                                 L—1820 Luxembourg
                                 Attention: President




WASH1:832642:3:9/29/00 9:42 AM
29992—7


                with a copy to:

                                  John E. Corette, III
                                  Piper, Marbury, Rudnick & Wolfe, L.L.P.
                                  1200 19th Street, N.W.
                                  Washington, D.C. 20036
                                  (202) $61—3900

        (d)     Transferee has not previously received authority under Section 214 of the
                Act. Oration currently holds global facilities—based and resale Section 214
                authority, FCC File No. ITC—214—20000407—00204. This grant of authority is the
                subject of this request. Transferor is also the controlling shareholder of VSG,
                which currently holds global facilities—based and global resale Section 214
                authority, FCC File No. ITC—214—1998—0924—00719. Request for transfer of
                control of VSG is being filed in a separately—filed application.

        (e)     Upon grant of the requested transfer of control pursuant to Section 63.18(e)(5) of
                the Commission‘s rules, Transferee will assume control of Oration.


        8       N/A

        (g)     N/A

        (b)     Entities holding more than 10% of the equity of the Transferee:

                                  Princecoast Limited
                                  SEDI Business Centre
                                  15 Anne Street South
                                  Dublin 2
                                  Republic of Ireland
                                  Principal Business: Investments
                                  Ownership: 49%

                                  QTE269 Holding B.V.
                                  Dorusakker #13
                                  1749 D.E. Warmenhuizen
                                  The Netherlands
                                  Principal Business: Investments
                                  Ownership: 42%

                John A. Janes, Martin A. Passetta and John A. Severson each hold 28% of the
                 equity of Princecoast Limited. There are no other 10% or greater owners of
                 Princecoast Limited. Messrs. Janes, Pasetta and Severson are all U.S. Citizens
                 and have the following address:




WASH1:832642:3:9/29/00 9:42 AM
29992—7


                                 G4 Communications, L.L.C.
                                 3505 Cadillac Avenue, Building O—110
                                 Costa Mesa, CA 92626—1435

                QTE269 Holding B.V. is owned 60%by Q Telecommunications Europe B.V., a
                Dutch Company whose address is unavailable and whose principal business is
                investments. There are no other 10%or more owners of QTE269 Holding B.V.
                or of Q Telecommunications Europe B.V.

        (i)/(G) Transferee certifies that it is not, nor does it control, nor is it affiliated with, a
foreign carrier. No entity owning more than 25%ofthe Transferee controls a foreign carrier.

        (k)     N/A

        (1)     N/A

        (m)     N/A

        (n)     Transferee certifies that it has not agreed to accept special concessions directly or
                indirectly from any foreign carrier or administration with respect to traffic or
                revenue flows between the U.S. and any foreign country which its subsidiaries
                may serve under the authority granted under this part and will not enter into such
                agreements in the future.

        (0)     Transferee certifies that it is not subject to a denial of Federal benefits pursuant to
                Section 5301 of the Anti—Drug Abuse Act of 1988, 47 U.S.C. § 853a.

        (P)     Transferee qualifies for streamlined processing, pursuant to Section 63.12 of the
                Commission‘s Rules because:

                (1) Transferee is not affiliated with a foreign carrier;

                (2) Transferee has no affiliation with a dominant U.S. carrier whose international
                switched or private line services Transferee seeks authority to resell;

                (3) Transferee 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 switched services over private lines.



        Wherefore, the parties to this application respectfully submit that the present and future

public convenience and necessity will be served by the grant of this transfer of control

application. The parties certify that the statements contained in the foregoing document are true,


                                                   —4—
WASH1:832642:3:9/29/00 9:42 AM
29992—7


correct and complete to the best of their knowledge, information and belief. Accordingly, the
parties respectfully request that the Commission grant this Application.



                                                       Respectfully submitted,

                                                       GS S.A.RL.




                                                       Name: Charles L. Smith‘




wtthfed
  /*/
                                                       Title:    Chief Executive Officer




                                                       Name: Charles L. Smith




                / {10
                 7
Date:



                                                       ORATION TECHNOLOGIES, INC.



                                                        By@%//fifi%
                                                       Name: Gail Jones

                                                        Title:      V p.
Date: @@6 07, 23.00 0



 * Transferor is an officer of G8 S.a.r.1., and so is signing on behalf of Transferor and Transferee.




WASH1:832642:3:9/29/00 9:42 AM
29992—7


                                      CERTIFICATION


        G8 S.A.r.1. has not agreed to accept special concessions, as defined in 47 C.F.R. §
63.18(i)(1), directly or indirectly from any foreign carrier or administration with respect to traffic
or revenue flows between the U.S. and any foreign country which it may serve under the
authority granted under this part and will not enter into such agreements in the future.




                                                         Charles L. Smith _
                                                         Chief Executive Officer
                                                         G8 S.a.r.l.

                                                         Dated:




WASH1:832642:3:9/29/00 9:42 AM
29992—7


READ INSTRUCTIONS CAREFULLY                                                                                                                                                  APPROVED BY OMB 3060—0589
       BEFORE PROCEEDING                                                               FEDERAL COMMUNICATIONS COMMISSION
                                                                                                                                        ,                        SPECIAL USE
                                                                                         REMITTANCE ADVICE
                                                                                                    mrer ue 1          7 1                                       FCC USE ONLY
(1)Locksox# 358115                                                                                         —

                                   §                                         |                  SECTION A — PAYER INFORMATION                           |                      C
 (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card)                                                                   (3) TOTAL AMOUNT PAID (dollars and cents)

 Piper,              Marbury,                       Rudnick & Wolfe,                                   LLP                                                  $                                       $815 .00
 (4) STREET ADDRESS LINE NO. 1

 1200 19th Street,                                         NW
 (5) STREET ADDRESS LINE NO. 2



 (6) CY                                                                                                         (7) STATE                                   (8) ZIP CODE

 Washington                                                                                                     DC                                              20036
 (9) DAYTIME TELEPHONE NUMBER (Include area code)                                                              (10) COUNTRY CODE (if not in U.S.A.)
  (202)             B$651—3900                                ‘
2           f                          IF PAYER NAME AND THE APPLICANT NAME: ARE 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)

 GB       S.a.r.l.
(12) STREET ADDRESS LINE NO. 1

 g/o Mges Pierson Trust
(13) STREET ADDRESS LINE NO. 2

 10       Rue Antoine                               Jans
(14) CHY                                                                                                       (15) STATE                                   (16) ZIP CODE
                                                                                                                Luxembourg                                      L—1820
(17) DAYTIME TELEPHONE NUMBER (Include area code)                                                              (18) COUNTRY CODE (if not in U.S.A.)
 011—331—4225—2450                                                                                              352
    COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION                                                                                                SHEETS (FORM 159—C)
                                                                             |            SECTION C — PAYMENT INFORMATION                               |—>
(19A) FCC CALL SIGN/OTHER ID                      (20A) FAYMENT TYPE CODE (PTC)                        (21A) QUANTITY        (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC USE ONLY
 rc—214—20000407—00204| C                                         | U            | T       _|                           1 |s                          $815.00                      |
(23A) FCC CODE 1                                                                                                     (24A) FCC CODE 2


(198B) FCC CALL SIGN/OTHER ID                     (20B) PAYMENT TYPE CODE (PTC)                        (21B) QUANTTY         (22B) FEE DUE FOR (PTC) IN BLOCK 208 ECC use ONLY,
                                                                  |              |         |                                 s                                                     E:
(23B) FCC CODE 1                                                                                                     (24B) FCC CODE 2


(19C) FCC CALL SIGN/OTHER ID                      (20C) PAYMENT TYPE CODE (PTC)                        (21C) QUANTY          (22C) FEE DUE FOR (PTC) IN BLOCK 20C Fcc USE_ONLY '
                                                                  |              |         |                                 s                                                          :
(23C) FCC CODE 1                                                                                                     (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 —

                                                                  |              |         |                                 s                                                               f
(23D) FCC CODE 1                                                                                                     (24D) FCC CODE 2


                ,                                       SECTION D — TAXPAYER INFORMATION (REQUIRED)                                                                                                           f
(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|o|6|1|6| 4| o 0                                                     APPLICANTTIN                                 0|o|a4 |2 |2 |s |2 4 s 0
                                                                                                  SECTION E — CERTIFICATION
(27) CERTIFICATION STATEMENT
I, Paul             W.    Jamieson                                                        , Certify under penalty of perjury that t%amgg/ndsu gortlnginformation
                                   (PRINT NAME)                                                                                                                                         £
are true and correct to the best of my knowledge, infomation and belief.                                                            SIGNATURE
                                                                                     SECTION F — CREDIT CARD PAYMENT INFORMATION
(28)                              MASTERCARDISA ACCOUNT NUMBER:                                                                                                   EXPIRATDON DATE:

         MASTERCARD

                                                                                                                                                                   MONTH       YEAR

         viga        I hereby authorize the FCC to charge my VISA or MASTERCARD                     onECNAIIEE                                                         DAE
                     for the service(s)/authorization(s) herein described.                      »

                                                                        SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                   FCC FORM 159                JULY 1997 (REVISED)



Document Created: 2019-04-09 13:13:18
Document Modified: 2019-04-09 13:13:18

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC