Attachment 20161208110803-417.p

20161208110803-417.p

SUPPLEMENT

Supplement

2000-12-21

This document pretains to ITC-T/C-20001218-00738 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000121800738_1377343

NowWALSKY, BRONSTON & GOTHARD nC 18 nB m ® A Professional Limited Liability Company aanct i t lanye .484 $4 Attorneys at Law ryou/t*® Leon L. Nowalsky 3500 North Ca.useway Boulevard Monica Borne Haab Benjamin W. Bronston Suite 1442 EllenAnn G. Sands Edward P. Gothard Metairie, Louisiana 70002 Telephone: (504) $32—1984 Brucfi@eg’ VED Facsimile: (504) 831—0892 DEC December 145 ‘000 2 1 2000 flje'eCOm Division Streamlined ITC—TIC—20001218 738 Federal Communications Commission SOLUMBIA TEL SMMUNICATIONS, nc 1B Telecommunications Division AXESSA P.O. Box 358115 Pittsburgh, PA 15251—5115 RE: Application for consent to the tre: fer of control of a t siness which has Section 214 Interns nal Message Toll ervice authorization Dear Sir: Enclosed please find the following documents subr ted on behalf of C umbia Telecommunications, Inc. d/b/a Axessa and LS Communic ons, Inc. 1. The original and four (4) copies of an Applicat i for consentto the ansfer of control of a business which has Section 21 International Mess je Toll Service authorization. 2. The original and four (4) copies of FCC Form i9. B Our check in the amount of $815.00 repre: iting the filing fee or this Application. Please address any questions or correspondence garding this matte to the undersigned. Thank you for your cooperation and assistan with this filing. I would appreciate if you would return a copy of this letter, date—sta[nped, in the envelope provided. Sincerely, EllenAnn G. Sands Enclosures 6: Ms. Fran Eisenstein International Bureau

READ INSTRUCTIO NS CAREFULILY approvp ay ous 3060—0589| BEFORE PROCE :DING FEDERAL COMMUNICATIINS COMMISSION REMITTANC® ADVICE eA S | FCC USE ONLY PAGE No_______ of § — P on ceg . I (1) .OCKBOX # . junl * Canp t ePud o en > T yiar r SECIION A — PAYER INFORMAIION P iesns 20 S s w 2o esthes EMMI @ i (2) PAYER NAME(«pzqu by cre: «t card, enter name exactly as it appq-m on your cara) C1 YOTAL»MOUNrPAJO (douun and cents) NOWALSKY, BRCNSTON & GOTHAR), APLLC 3 815.00 | (+) 5: REET ADORESS LINE NO. 1 Prommumeennt S9 eegumusunnsl 3500 NORTH C4USEWAY BLVD. e PS ) (5) 5: REET ADDRESS LE NO. 1 SUITE 144. (6) CiTy ‘ (7) State ( ) ue cooe j METALIRIE LOUISIANA ‘000 2 (2) CAYTIME TELEPHONE NUMBI R (Include area code} (10) COUNTRY CODE (if not in U.S.A.) h _(_)OM — 832 l'9i§4 AYERNAME—AN D—THEAPPLICANT—:NAME—:ARE—DIFEERENT;.COMPLETE: SECTION' E MORE:THAN ONE—APPEICANT,.USE:CONTINUATION:SHEETS:(FORM 159:C)z (11) APP LICANT NAME(d paying i y creast c1 U, enter name exactly as |appears on your card) LS COMMUNICA]IONS, INC. _ _ (12) STREET ADORESS LINE NO. I 30(03 LAKELANI COVE — yrum mtm 13) sthEet Aporess Line No. ? SULTE C k14 ony (15 state I 7 ap cooe. sm JACKSON MISSISSIPPI 9208 (12 DAYTIME TELEPHONE NUMBIR (incluc 1 area code) (18) COUNTRY CODE (i not in U.5.A.) 601) 664—2000 —COMPLETESECTION C—FOREACHSERVICEAIE:MOREEOXES—ARENEEDED;USECONTINUATIONSHESITS(EORV: [5)—C)_ _ 19A) ECC CALL SIGN/OTHER 10 (20A) PAYMENT TYE 2ODE (PTC} (21A) QUANTITY FEE (22A) DUE FOR (PTC] IN ELOCK ; OA EC rery ! L eke t |r 1°___|; 815.00 (ZaR)rec cobe 1 i [ZaA) roc cooe 2 junsl (198) FCC CALL SIGNIOT’;E_R 10 (208) PAYMENT T‘IE ZODE (PTC) (218) QUANTITY (228) FEE DUE FOR (PTC) IN BLOCK 08 (238) FCC COOE 1 [ C 1 _| : 248) FCC CODE 2 19C} FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (21C) QUANTITY (22C) FEE DUE FOR (PTC) IN EL—OC-)-(- us (23c) eCC cooE 1 [ _| L : 24C) FCC CODE 2 190) FCC CALL SlGWQm-ER 10 (20D) PAYMENT TYPE CODE (PTC) (210) QUANTITY (ZZDTF_EE DUE FOR (PTC) IN ELOCK 200 FCC NO”FY s 9% (230) rCC cooE 1 [ [ | s 240) FCC CODE 2 x; "=~~SECTION:: D—TAXPAYER .:INFORMATION®:{REQUIRED)— : I N25) 26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN 8—11 is DIFFERENT FROM PAYER NAME IN A—2) 1 PAYER TIN sls |o| s|2 | =|APPLICANT TIN SECIIONE — CERTIFICA NION 4 1 27) CERTIFICATION STATEMENT ; QY\Q‘(‘QG’ uest , 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. SIGNATUR%&Q\L \5&@&@7‘!\‘ MASTERCARO MONTH year AUTHORLLED SIGNATURE OATE msa I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s/authorizations(s) herein described, h} SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 yULY 1997 (REVISED)

BEFORE THE Federal Communications Commission WASHINGTON, D.C. ) In tt itter of ) ) Coli i Telecommunications, Inc. d/b/a Axessa ) and hareholders, ) Transferors, ) ) id ) File No. ) LS | nunications, Inc. ) and hareholders, ) Transferees. ) ) App on for consent to the ) tran f control of a business which has ) Sec ‘14 International Message ) Toll ice authorization ) ) To: ie Commission ) ) APPLICATION FOR CONSENT TO TRANSFER OF CONTROL ~olumbia Telecommunications, Inc. d/b/a Axessa ("Axessa") and its shareholders and LS Communications, Inc. ("LS") and its shareholders, pursuant to Sectiomn 214 of the Communications Act of 1934, as amended, and Section 63.18(e)(5) of the Commission‘s Rules, hereby apply for consent to the transfer of control of Axessa, a holder of an International Message Toll Service ("IMTS") authorization (the "Certificate") in File No. ITC— 214—19981005—00677, to LS. The Certificate authorizes Axessa to provide global facilities based services. Approval of the proposed transfer will permit Axessa to compete more

effectively in the international voice service marketplace and, as a result, will benefit the public interest. In accordance with 47 C.F.R. § 63.12, the parties request streamlined processing of this application. I. THE PARTIES Axessa is a privately held Delaware corporation with principal offices located at 1340 Poydras Street, Suite 350, New Orleans, Louisiana 70112. Axessa is a non—dominant carrier that provides intrastate, interstate and international long distance and local exchange services. Axessa is authorized by the FCC to provide interstate and international services as a non—dominant carrier as well as local and intrastate interexchange service, pursuant to certification, registration or tariff requirements in nine (9) states. S is a privately held Delaware corporation with principal offices located at 3003 Lakeland Cove, Suite C, Jackson, Mississippi 39208. LS does not possess any federal or state authorizations to provide telecommunications services. II. THE PROPOSED TRANSACTION Axessa and LS have entered into an Acquisition Agreement (the "Agreement") whereby Axessa will become a wholly owned subsidiary of LS.! The transaction will result in all existing shares of issued and outstanding Axessa stock will be cancelled and ownership of the business of and corporation known as Axessa will be transferred to LS and LS will become the sole shareholder of Axessa." After the transaction, Axessa will 1 Consummation of this transaction is contingent upon the approval of the United States Bankruptcy Court, Eastern District of Louisiana, Case No. 00—15033. § All existing shares of issued and outstanding Axessa stock will be cancelled and new shares will be issued in the name of LS. Page 2 of 7

continue to operate asit currently operates, but will become aolly owned subsidiary of LS. The technical, managerial and financial personnel of LS ddition to various current Axessa employees, will become the technical, manageri id financial personnel of Axessa after this transaction. Axessa will continue to pro‘ service under its present operating authorities, certifications and tariffs. Axessa will continue to provide IMTS service under . sa‘s present Section 214 Authority. Axessa will continue to operate as a non—domina mmon carrier with regard to the provision of international resale services to foreign s in accordance with the Commission‘s International Competitive Carrier policies. III. THE PUBLIC INTEREST The transfer of control of Axessa, through the acquisi y LS, will serve the public interest by permitting Axessa to compete more effectively ir IMTS market. Axessa will be wholly owned by a larger parent operation, thereby asing access to capital. Axessa‘s operations will more readily increase in size and itability due to enhanced economies of scale. As a result, Axessa will be able to offer ir service to its customers at competitive rates. The Commission recognizes that the international cet for resold services is becoming increasingly competitive in nature and that such competition benefits consumers. Given the Commission‘s desire to foster competition in the IMTS resale market, grant of the proposed transaction is in the public interest. Page 3 of 7

IV. INFORMATION REQUIRED BY SECTION 63.18 OF THE COMMISSION‘S RULES (a) The name, address and telephone number of the transferor and transferee. Transferor: Columbia Telecommunications , Inc. d/b/a Axessa Tom Nolan 11715 Bricksome, Suite A6 Baton Rouge, LA 70816 (225) 297—2500 Transferee: LS Services, Inc. Eric Lindstrom 3003 Lakeland Cove, Suite C Jackson, MS 39208 (601) 664—2000 The state of incorporation of transferor and transferee. — Transferor, Axessa, is a corporation organized under the laws of the State of Delaware. — Transferee, LS, is a corporation organized under the laws of the State of Delaware. Correspondence concerning this Application should be addressed to: EllenAnn G. Sands Nowalsky, Bronston & Gothard A Professional Limited Liability Company 3500 N. Causeway Boulevard, Suite 1442 Metairie, Louisiana 70002 (504) 832—1984 (d) Previous authority under Section 214 of the Act. 1. Applicant/transferor, Axessa, is presently (and will remain after the transaction) a non—dominant carrier subject to Section 214 of the Communications Act of 1934, as amended. 47 U.S.C. §§ 214. Axessa is an authorized provider of international resale services between the United States and all international points currently served by authorized carriers. Axessa Page 4 of 7

received its International Section 214 Authority in File No. ITC— 214—19981005—00677 (effective November 20, 1998) which may be found in Report # Tel—00034, DA 98—2396, dated November 25, 1998. Applicant/transferor, Axessa, presently resells (and will continue to resell after the transaction) international voice message toll service provided by other authorized carriers on a basis determined by the applicable rates, terms and conditions reflected in Axessa‘s International Message Telecommunications Service Tariff F.C.C. No. 1 on file with the Commission. (e) LS seeks to acquire control of Axessa, the holder of the aforementioned Section 214 authorization, and requests Commission approval in accordance with Section 63.18(e)(5) of the Commission‘s regulations. (f) LS seeks no other authorizations under Section 63.18(e). (g) Not applicable. (h) LS certifies to the following information: (1) LS is not a foreign carrier and has no affiliation with a foreign carrier. (2) The name, address, citizenship, and principal place of business of the owners of LS, holding a 10 percent or greater ownership interest, are: Name: Eric E. Lindstrom, Jr. 3 Stonesthrow Address Laurel, MS 39440 Citizenship: USA Principal Place of Business: LS Communications, Inc. Name: G. Wade Spooner Address: 100 Woodglen Place Brandon, MS 39047 Citizenship: USA Principal Place of Business: LS Communications, Inc. Page 5 of 7

(3) LS does not have an affiliation with any U.S. carrier whose facilities—based services will be resold under Axessa‘s Section 214 authorization. (1) LS 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 United States and any foreign countries it is authorized to serve, and will not enter into such agreements in the future. (J) The parties to this application certify that they are not subject to a denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. V. SUMMARY AND CONCLUSION The public benefits and the economic justification for the proposed Agreement are discussed above in Section III of the instant application. In summary, consent to the proposed transaction will allow LS and thereby Axessa, to realize certain economies of scale and operating efficiencies, which will enhanceits ability to competewith larger more experienced carriers, and will increase the cost—effectiveness of its operation. Accounting will be in conformity with generally accepted accounting principles. Service will be provided in accordance with existing tariff charges and regulations on file with the Commission and revisions, reissues and amendments thereof. No new construction is involved, and grant of the instant application would not constitute a "major" environmental action pursuant to Section 1.1305 of the Commission‘s Rules. Page 6 of 7

In view of the foregoing, Axessa and LS jointly request that the Commission grant the instant application for consent to the transfer of control of Axessa, an entity which has Section 214 International Message Toll Service Authorization. Respectfully submitted, o LCC{7— EllenAnn G. Sands Nowalsky, Bronston & Gothard A Professional Limited Liability Company 3500 N. Causeway Boulevard Suite 1442 Metairie, Louisiana 70002 Telephone: (504) 832—1984 Counsel for Axessa Internatio 1 Corporation, and its shareholders, and LS ( rporation, and its shareholders December 15, 2000 Page 7 of 7


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