Attachment 20161129093842-927.p

20161129093842-927.p

SUPPLEMENT

Supplement

2001-08-09

This document pretains to ITC-T/C-20010803-00419 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2001080300419_1372447

1M / N"0~ VCVU . '4‘4 2 £LVUU Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Streamlined ITC—T/C—20010803—00419 WIKI WIKI TELECOM, INC. ww Ne None! Nune! Nume! Nuwe! Nuwsl Nuust! Newe! Nn No Nuue! Suvs! Nuws! Nuws! Nus! In the Matter of WIKI WIKI TELECOM, INC. RECEIVED and PACIFIC LIGHTNET, INC. AUG 0 9 20 01 Telecom Division Application for Authority Pursuant to International Bureau Section 214 of the Communications Act of 1934, as Amended, to Transfer Control of Wiki Wiki Telecom, Inc. an Authorized U.S. International Carrier, to Pacific Lightnet, Inc. APPLICATION FOR TRANSFER OF CONTROL Wiki Wiki Telecom, Inc. ("Wiki") and Pacific Lightnet, Inc. ("Pacific Lightnet") (together, "the Applicants"), by their undersigned counsel, and pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214 (1982) (the "Act‘"), and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18 (1999), hereby request approval to transfer control of Wiki to Pacific Lightnet. Wiki is a non—dominant U.S. carrier holding Section 214 authorization.‘ Applicants respectfully fequest streamlined treatment of this Application pursuant to Section 63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12 (1999). Neither Wiki nor Pacific Lightnet is a foreign carrier or affiliated with a foreign carrier that possesses sufficient market power in the destination country to affect competition in the United States adversely. Nor is either Applicant affiliated with a U.S. carrier whose international switched or private ‘ See File No. ITC—214—20000908—00518 (September 29, 2000).

line services it seeks to resell. Accordingly, given that che Applicints qualify for a presuniption of non—do ninance fo> the proviiion of internatimal comminications services pursua it to Sectio 1 63. 0(a)(‘.) of the Commisiion‘s Rules, 47 C.F.E.. § 63.10 (a)(1) (1999), this Application :s eligible ‘or steamlined processing, pursiant to Seciion 33.12 of taie Commission‘ s Rul»s, 47 C.F.¢?. § 63.12 (1999}. L. THE PAR [IES A. W1 :i Wil i Tel:com, Inc. Wiki Wiki Telecom, Inc. is a privately he 1d co: poration or zanized und 2r the laws of the State of Hawaii. Wiki is authorized t> provide fa :ilitie s—based and resolidl loca exchange ind interex shange telecomm inications s »rvices with n the state of Havaii. ‘rior t» the sompletion of this transaction, NextlYet Investm :‘nt, LLC (" NextMet") was tl e sole share holder of \VWiki. NMextN »t is a Wast ingto: i limited lia »ility compiny. llextNet is ‘vholly owned by Tohn Warta. B. Pacific L ghtncet, Inc. Pacific Lig itnet, Inc. is a privately held c arpor ition organ: zed under tl e laws of t ie State of Havwaii. TM Co nmur icatio as Ha vaii, LLC ("TM‘ ) owns 25( ,000 shares of vcting preferred stock of Pacifi: Lightnet constituting 50% cf the votin;; capital stock. TM is ointly owned by Tomen America, Inc. ("Tomen America") and TM Communication (Japan) Inc.("TMJI"). Tomen America is a New York corporation and is a wholly owned subsidiary of Tomen Corporation. TMJI is a Delaware corporation and is a wholly owned subsidiary of Tomen Corporation. Tomen Corporation is a trading company with diverse business and investments around the world. NextNet owns 250,000 shares of voting common stock of Pacific Lightnet, which shares constitute 50% of the voting capital stock of Pacific Lightnet. NextNet is a Washington limited liability company. NextNet is wholly owned by John Warta.

18 DESCRIPTION OF THE TRANSACTION NextNet has agreed to contribute all of the outstanding stock of ‘ Viki to Pac fic L ghtnet. Wiki and Pacific Lightnet ars both non—incumbent companizs. IIL. PUBLIC INTEREST STATEMENT Wiki anc. Pacific Lightnet hav: Cetermined that the proposed trans:er of contiol will enabls Wiki to enhance the range of services and chouces available to its custamer: . It a so will promote operationsil &nd administrative efficiericies that will enable the cor1pany to campe:e more effectively in the telecommunications market to the ultimate benefi : of consun ers. : ‘inall/, the proposed transaction will be consummated in a seaniless fashion will be tianspirent io W ki‘s customers, and will not in any way irconveniense or cause iarm to ary of Wiki s custo.ners. IV. INFORMATION REQUIRED BY SECTION 63.18 (a) Name, address and telephone number: Transferor: WIKI WIKI TELECOM, INC. Pacific Guardian Center 737 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Tel: 808—791—1000 Fax: 808—791—3125 Transferee: PACIFIC LIGHTNET, INC. Pacific Guardian Center 737 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Tel: 808—791—1000 Fax: 808—791—3125 (b) Transferor: Wiki is organized under the laws of the State of Hawaii. Transferee: Pacific Lightnet is organized under the laws of the State of Hawaii.

(c) Correspondence concerning this application should be sent to: Catherine Wang Nancy Spooner SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW., Suite 300 Washington, D.C. 20007 Tel: (202) 424—7500 Fax: (202) 424—7645 (d) Transferor: Wiki is an authorized non—dominant reseller of international services pursuant to Section 214 of the Act. See File No. ITC— 214—20000908—00518 (September 29, 2000). Transferee: Pacific Lightnet is an authorized non—dominant reseller of international services pursuant to Section 214 of the Act. See File No. ITC—214—200100503—00269 (June 6, 2001). (e)(3) By this Application, Applicants seek authority to transfer control of Wiki, a non— dominant common carrier holding international Section 214 authority, to Pacific Lightnet. (£) Not applicable. This application for transfer of control is eligible for streamlined processing under Section 63.12 of the Commiussion‘s Rules, 47 C.F.R. § 63.12. (g) Not applicable. (b) After completion of the transaction, the following persons or entities will hold a ten percent (10%) or greater ownership interest in Wiki Wiki Telecom, Inc.: Name: Pacific Lightnet Address: Pacific Guardian Center 737 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Citizenship: U.S.A. Percentage Owned: 100% Principal Business: Telecommunications

The following entities will hold a ten percent (10%) or greater indirect ownership or management interest in Wiki Wiki Telecom, Inc. through Pacific Lightnet, Inc.: Name: NextNet Investments, LLC Address: 1737 B Street Washougal, WA 98761 Citizenship: U.S.A. (Washington) Ownership Interest: 50% Name: TM Communications Hawaii, LLC Address: 1285 Avenue of the Americas New York, NY 10019 Citizenship: U.S.A. (Delaware) Principal Business: Telecommunications Ownership Interest: 50% The following entities will hold a ten percent (10%) or greater indirect ownership or management interest in Wiki Wiki Telecom, Inc. through NextNet Investments, LLC: Name: John Warta Address: 1737 B Street Washougal, WA 98761 Citizenship: U.S.A. Principal Business: Telecommunications Ownership Interest: 100% The following entities will hold a ten percent (10%) or greater indirect ownership or management interest in Wiki Wiki Telecom, Inc. through TM Communications Hawaii, LLC: Name: Tomen America Inc. Address: 1285 Avenue of the Americas New York, NY 10019 Citizenship: U.S.A. (New York) Principal Business: General Trading Company Ownership Interest: 50%

Name: TM Communications (Japan) Inc. Address: 1285 Avenue of the Americas New York, NY 10019 Cit: zenship: U.S.A. (Delaware) Priicipal Business: Holding company Ow rersh p Interest: 50% The followiig entities will hold a ten percert (.0%) or greater indirect ownership or inanagienient interest in Wiki Wiki Teleco n, Inc. through Tomen America Inc. and TM Communrications (Japan) Inc.: Nanage: Tomen Corporation Adcress: 8—1, Marunouchi 3—chon e Marunouchi Chivoda—ku Tokyo, Japan Cit: zenship: Japan Priiicipal Business: General trad:ng compan: Ow aership : nterest: 100% (of both entitie) The following entities will hold a ten percen:: (10%) or greater indirect ownership or r i1anageir ent interest in Wiki Wiki Telecom, Inc. through Tomen Co poratio 1: Naige: Toyota Tsusho Corporat on Adcdress: 7—23, Meieki 4—chome Nakamura—ku Nagoya City, Japan Cit.zenship: Japan Principal Business: General trading company Ownership Interest: 11.53% No other person or entity will hold a ten percent (10%) or greater direct or indirect ownership interest in Wiki. Pacific Lightnet currently has no interlocking directorates with a foreign carrier. i) Pacific Lightnet certifies that it is not a foreign carrier and that it is not currently affiliated with any foreign carrier. G) Pacific Lightnet certifies that it does not seek to provide international telecommunications services to any destination country where: (1) Pacific Lightnet is a foreign carrier in that country; or

(2) Pacific Lightnet controls a foreign carrier in that country; or (3) Any entity that owns more than 25 percent of Pacific Lightnet, or that controls Pacific Lightnet, controls a foreign carrier in that country. (4) Two or m« foreign carriers (or parties that control foreign carriers) own, in the sgregate more than 25 percent of Pacific Lightnet and are parties to, the beneficiaries of, a contractual relation affecting the provision ( narketing or international basic telecommunications servicesin > United States. (k) Not applicable. (1) Not applicable. (m) Not applicable. (n) Pacific Lightnet c fies that it has not agreed to accept special concessions, as defined in Sectior 3.14(b) of the Commission‘s Rules, directly or indirectly, from any foreign Tier with respect to any U.S. international route where the foreign carrier pos sses market power on the foreign end of the route, and will not enter into such reements in the future. Pacific Lightnet <¢ ifies, pursuant to Sections 1.2001 through 1.2003 of the Commission‘s Ru) (implementing the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301), that no p y to its application is subject to a denial of Federal benefits pursuant to Sectio1 301 of the Anti—Drug Abuse Act of 1988. (p) Pacific Lightnet 1 iests streamlined processing of this application pursuant to Section 63.12 (a—t f the Commission‘s Rules. This Application qualifies for streamlined proce ng because, as set forth above, Pacific Lightnet has no affiliation with a f »ign carrier, has no affiliation with a dominant U.S. carrier whose internation switched or private line services Pacific Lightnet seeks authority to rese] and 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 such services.

¥. CONCLUSION For the reasons stated herein, Wiki Wiki Telecom, Inc. and Pacific Lightnet, Inc. respectfully submit that the public interest, convenience and necessity would be furthered by grant of this Application for consent of transfer of control of Wiki Wiki Telecom, Inc. to Pacific Lightnet, Inc. Respectfully submitted, s _(\nty, Sposner I Catherine Qang Nancy Spooner SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW., Suite 300 Washington, DC 20007 Tel: (202) 424—7500 Fax: (202) 424—7645 Counsel for WIKI WIKI TELECOM, INC. and PACIFIC LIGHTNET, INC. Dated: August 3, 2001

CERTIFICATION OF WIKI WIKI TELECOM, INC. On behalf of Wiki Wiki Telecom, Inc., I hereby certify that the statements in the foregoing Application for Section 214 authority are true, complete, an ect to the best of my knowledge and are made in good faith. By: XFQ Q@ > *\ Name: Sn WAG—tA Title: C \/\a\l/xA.v 3 Q€O Date: 3_,\\\_—" \7 200 \

CERTIFICATION OF PACIFIC LIGHTNET, INC. On behalf of Pacific Lightnet, Inc., I hereby certify that the statements in the foregoing Application for Section 214 authority are true, complete, and correct to the best of my knowledge and are made in good faith. w Agess Name: Sorr® _{aJARETA Title: (Cies & (Gc Date: 3«\“3 \7. Lo9 (


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Document Modified: 2019-04-22 03:52:00
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