Attachment 20161220141429-593.p

20161220141429-593.p

SUPPLEMENT

Supplement

2000-10-06

This document pretains to ITC-T/C-20001003-00601 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000100300601_1385134

                   P I P E R
                   M A R B U RY
                   RUDNICK
                   & W OLFE Lur


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                                                                                         WariTEr‘s INFORNMATION
 1200 Nineteenth Street, N.W.                                                cog¢   Ni     *
 Washington, D.C. 20036—2412                                                             paul.jamieson@piperrudnick.com
 www.piperrudnick.com                                                                    Prone (202) 861—6917

 PronE (202) $61—3900
 Fax   (202)223—2085



                                                             October 3, 2000


                                                                                                     RECEIVED
                 HAND DELIVERY
                                                                                                      OCT 0 6 2000
                 Federal Communications Commission                                                    —
                 P.O. Box 358115                                                                     hrmm,           on
                 Pittsburgh, PA 15251                                                               International Bureau


                 Re:       Application for Transfer of Control
                           ViaServices Group, Inc., File No. ITC—214—19980924—00719

                 To whom it may concern:

                          On behalf of G8 S.A.r.1. ("Transferee"), we are submitting herewithan original and five
                 (5) copies of an application for transfer of control of ViaServices Group, Inc. ("VSG"), the holder
                 of international global facilities—based and resale Section 214 authority, FCC File No. ITC—214—
                 19980924—00719 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.

                                                                    Sincerely,



                                                                    Paul W. Jamieson

                 PWJ/eo
                 Enclosures

                 co:     Justin Connor (via hand delivery)




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


                                        Before the
                         FEDERAL COMMUNICATIONS COMMISSION
                                  Washington, D.C. 20554
                                                                     Streamlined        ITC—T/C—20001003—00601
                                                                     THE VIASERVICES GROUP, INC.


In the Matter of                                                )
                                                                )
                                                                )
VIASERVICES GROUP, INC.                                         )                                      P        e
                                                                )        FileNo. _                   OCT0 6 2000
Application for Transfer of Control                             3                                   Telecom Division
                                                                                                   Internationat Bureay
ITC—214—19980924—00719                                          )

                           APPLICATION FOR TRANSFER OF CONTROL


        Charles L. Smith ("Transferor") and G8 S.A.r.l. ("Transferee"), pursuant to Section 214 of

the Communications Act of1934, 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 ViaServices Group, Inc. ("VSG"), the holder of international global facilities—

based and resale Section 214 authority, FCC File No. ITC—214—19980924—00719, to Transferee.

Transferee, Oration Technologies, Inc. (“Oration”),l and VSGhave entered into a Stock

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

subsidiaries of Transferee. Transferor is the majority shareholder of VSG. In support hereof,




 ‘ Transferor is also the majority shareholder of Oration, which applied for and received 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 proforma
 assignment of Oration‘s Section 214 authority under Section 63.24(a)(4) of the FCC‘s Rules. In a separately filed
 application for transfer of control of Oration‘s Section 214 authority, Oration is correcting and clarifying its August
 28, 2000 and September 5, 2000 correspondence and notifying the Commission of the pro forma assignment ofits
 Section 214 authorization, pursuant to Section 63.24(b) of the FCC‘s Rules.


and in 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.a.r.l.
                                 c/o Mees Pierson Trust
                                 10 Rue Antoine Jans
                                 L—1820 Luxembourg
                                 Attention: President




WASH1:809275:3:9/29/00 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) 861—3900

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

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


       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:




WASH1:809275:3:9/29/00 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)/(j) Transferee certifies that it is not, nor does it control, noris it affiliated with, a
foreign carrier. No entity owning more than 25% of the 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_
WASH1:809275:3:9/29/00 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‘

                                                       Title:     Chief Executive Officer

      /fif/A, C

                                                       Name: Charles L. Smith




                                                       VIASERVICES GROUP, INC.


                                                       Byro%/yw\
                                                         C   e:
                                                                   2       _Z*
                                                                  _Gail Jones

                                                       Title:          1/, [
pate: _(Cat 2 3000

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




WASH1:809275:3:9/29/00 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.




                                                         Chaffés L.Smith        _‘
                                                         Chief Executive Officer
                                                         G8 S.ar.l.




WASH1:809275:3:9/29/00 9:42 AM
29992—7


READ INSTRUCTIONS CAREFULLY                                                                                                                                                  APPROVED BY OMB 3060—0589
     BEFORE PROCEEDING                                                                FEDERAL COMMUNICATIONS COMMISSION
                                                                                                                    |                   ,                      SPECIAL USE
                                                                                        REMITTANCE ADVICE
                                                                                                              1              1                                 FCC USE ONLY
(1)Locksox# 358115                                                                                FAGEINO,              oF
 §                                                                          |                 SECTION A — PAYER INFORMATION                           |                       j
 (2) PAYER NAME (if paying bycredit card, enter name exactly as it appears on your card)                                                                  (3) TOTAL AMOUNT PAID (dollars and cents)
 Piper,            Marbury,                       Rudnick & Wolfe,                                   LLP                                                  $                                       2815 .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)           861—3200
                                   IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                                     ___IF MORE THAN ONE APPI—ICANT, USE CONTINUATION SHEETS (FORM 159—C) _
                                                                            I            SECTION B — APPLICANT INFORMATION                            I
(11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card)

 cS         S.a.t.1l.
(12) STREET ADDRESS LINE NO. 1

 c/o Mees Pierson Trust
(13) STREET ADDRESS LINE NO. 2

 10         Rue Antoine                        Jans
(14) CITY                                                                                                    (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  I                                                                                                                            ;
(19A) FCC CALL SIGN/OTHER ID                    (20A)_PAYMENT TYPE CODE (PTC)                        (21A) QUANTITY              (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC USE ONLY
 rrc—214—19980924—o0719| C                                   _ | U___| T                  |                              1 |s                       $815.00
(23A) FCC CODE 1                                                                                                   (24A) FCC CODE 2


(19B) FCC CALL SIGN/OTHER ID                    (20B) PAYMENT TYPE CODE (PTC)                        (21B)QUANTITY               (228) FEEDUE FOR (PTC) IN BLOCK 208 FCC USE ONLY

                                                             |                  |         |                                      s
(23B) FCC CODE 1                                                                                                   (24B) FCC CODE 2


(19C) FCC CALL SIGN/OTHER ID                    (200) PAYMENT TYPE CODE (PTC)                        (21C)QUANTITY               (220) 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 20D FCC USE ONLY _

                                                              |                 |         |                                      s
(23D) FCC CODE 1                                                                                                   (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 o 6| 1 6| 4 a o                                                  |_ APPLICANT TIN                              |0|o|4 |2 |2 |s |2 4 s 0
                                                                                                SECTION E — CERTIFICATION                             |
(27)_CERTIFICATION STATEMENT
I, Paul W.               Jamieson                                                         , Certify under penalty of perjury that the%mggsugorfing information
                                  (PRINT NAME)                                                                                                                  T                         §
are true and correct to the best of my knowledge, infomation and belief.                                                              SIGNATURE                                   n     eo
                                                                                    SECTION F — CREDIT CARD PAYMENT INFORMATION                                     l
(28)                             MASTERCARDISA ACCOUNT NUMBER:                                                                                                      EXPIRATION DATE:

            MASTERCARD
                                                                                                                                                                    MONTH     ___YEAR
            ViSA    ! hereby authorize the FCC to charge my VISA or MASTERCARD                    AVIHORECD SIONAIUnE                                                   NC
                    for the service(s)/authorization(s) herein described.                     p
                                                                     SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                    FCC FORM 159               JULY 1997 (REVISED)



Document Created: 2019-04-17 01:56:18
Document Modified: 2019-04-17 01:56:18

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