Attachment 20170831145108-430.p

20170831145108-430.p

SUPPLEMENT

Supplement

2006-06-20

This document pretains to ITC-T/C-20060620-00326 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2006062000326_1626645

                                       Federal Communications Commission
                                              Washington, D.C. 20554



International   ‘eau

                                                                           E—mail: James.Ball@fec.gov
                                                                                      George.Li@fec.gov
                                                                              (202) 418—1462
                                                                              (202) 418—2824 (fax)
                                                                              July 28, 2006
                                                                             Ref: 2006—46

Hillary M       an           (703) 607—6092            Moniqz      oth                (202) 353—6200
Steven W.       tt           (202) 647—5835            Regina      t                  (202) 205—0497
Eric Wern                    (202) 772—0908            Louis E     ner                (202) 692—4235
Edward T        ind          (202) 514—2464            Josephi     Scarlett           (202) 482—5461
Tina Gablt      li           (202) 282—8582            Kennet)     ‘hagrin            (202) 395—5663
Helen Do        iici         (202) 456—6085            Myla S.     otter              (202) 324—1730
Dominic I       ore          (202) 514—5607
Laura Par:                   (202) 616—3928



                       Re:   Section 214 applications

Please t        ew the following applications and adv.              us whether you have any national
security,       w enforcement, foreign policy or trade:            icerns by C.O.B. August 16, 2006,
because         : are prepared to take action on these :           lications. Electronic filed (e—file)
applicat        is are able to be viewed by accessing               ww.fce.gov/ibfs and searching by
the file1       nber.

ITC—214         0060711—00339 (e—file)
iLink3 EP       istan (PVT) Ltd.‘s application for auth:           y to provide global facilities—based
and resa        services between the United States and              missible international points. Three
citizens)       Pakistan own 30%, 30%, and 10% of th                pplicant, respectively.

ITC—211 0060724—00363 (e—file)
Cinthex, LC‘s application for authority to prov _: global facilities—based and resale
services _ _ tween the United States and permissible :ernational points. Applicant is 88%
owned by Genie, LLC, which in turn is 50% each owned by two citizens of Canada.
miitas          20060620—00326(e—file)
SEST/C2006062001038 (e—file)
DataPath, Inc. has filed applications for consent to transfer control of international
section 214 authority and non—common carrier earth station licenses from DPI Holdings,
LLC (DPI) to DataPath, Inc. (Post—Offering). DataPath also filed applications for special
temporary authority to consummate the transaction prior to Commission action on the
underlying transfer of control applications. The Commission granted the section 214 and
earth station STA applications on July 19 and July 18, 2006, respectively, for a period of
60 days (ITC—STA—20060620—00327; SES—STA—20060620—01032; SES—STA—20060620—
01033; SES—STA—20060620—01034; and SES—STA—20060620—01035). While DataPath
filed its STA applications prior to closing, it consummated the transaction before the
Commission granted the STA applications. Staff had requested that DataPath submit
certain additional information, which we did not receive until after closing. We acted on


the STA applications after receipt of the information, and after the applicart had already
consummated.

The transaction involved the elimination of DataPath‘s parent holdling com»any and a
private offering of stock directly in DataPath. As a result of the transactior,
approximately 20% of DataPath shares are held by individuals or entities that are citizens
of, organized in, or primarily do business in foreign countries. According to DataPath, no
individual or entity, whether U.S. or foreign, holds as much as 10% of the shares of th@:
company. With respect to foreign citizens and entities, only two such sharchclders have
acquired interests greater than one percent. Applicant also states that no in 1ividual, or
group of individuals, has acquired de facto control DataPath as a result of tie ‘ransaction.
It states that senior executive management has not changed, anc. it does :10t anticipate
senior management will change during the pendency of the transfer applicatio 1s.

DataPath requests confidential treatment of the identities of its foreign investors (Exhi>it
1 to its July 14, 2006 Letter to the Secretary, FCC).

ITC—214—20060727—00370 (e—file)
Divine Telecom, Inc.‘s application for authority to provide global facilities—based and
resale services between the United States and permissible international points. Applican
is 100% owned by a citizen of Bangladesh.

If we do not hear from you by C.O.B. August 16, 2006, we will assume th:it you do not
have any concerns with these applications.




                                                      Sincerely,

                                                                              m

                                                      George L1, Deputy Ch:ef
                                                      Policy Division



Document Created: 2019-05-25 08:36:07
Document Modified: 2019-05-25 08:36:07

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