Attachment Attachment 1

This document pretains to ITC-T/C-20100719-00296 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2010071900296_829984

ATTACHMENT 1 Notification of the Pro Forma Transfer of Control of International Section 214 Authority from AMZAK Capital Management, LLC to Broadband Investments Limited Pursuant to Section 214 of the Communications Act of 1934, as amended (the "Act"),‘ and Section 63.24(g) of the Commission‘s Rules," this Application notifies the Federal Communications Commission of the pro forma transfer of control of the International Section 214 Authority of Tricom USA, Inc. ("Tricom USA") from AMZAK Capital Management, LLC ("AMZAK" or "Transferor") to Broadband Investments Limited ("Broadband" or "Transferee") in connection with Tricom USA‘s recent reorganization under U.S. bankruptcy laws (the "Transaction"). Answer to Question 10: Contact Informationfor Transferor and Transferee For Transferor, AMZAK: Legal Department, Attn: Beatriz Beltranena AMZAK Capital Management, LLC 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Tele: 561—953—4164 Fax: 561—338—7677) With a copy to: Beatriz Beltranena c/o Tricom, S.A. Avenida Lope de Vega 95 Santo Domingo Dominican Republic Tele: 809—476—4000 Fax: 809—476—6700 Email: bbeltranena@amzak.com For Transferee, Broadband: I 47 U.S.C. § 214. 2 47 C.F.R. § 63.04(b).

Legal Department, Attn: Beatriz Beltranena Broadband Investments Limited 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Tele: 561—953—4164 Fax: 561—338—7677 With a copy to: Beatriz Beltranena c/o Tricom, S.A. Avenida Lope de Vega 95 Santo Domingo Dominican Republic Tele: 809—476—4000 Fax: 809—476—6700 Email: bbeltranena@amzak.com International Section 214 Authorizations Tricom USA holds the following international Section 214 authorizations: ITC—214—19960925—00468 (previously Global resale authority pursuant to Section ITC—96—532) 63.18(e)(2) of the Commission‘s Rules to all international points. ITC—MOD—19970618—00335 (previously Global facilities—based authority pursuant ITC—96—532—M) to Section 63.18(e)(1) of the Commission‘s Rules to all international points. ITC—214—19930101—00257 (previously Authority to provide certain facilities—based ITC—93—246) services (via satellite or cable) to specified international points. ITC—214—19990325—00153 Authority to construct and operate the Maya—1 Cable System. ITC—214—19970421—00220 (previously Authority to construct and operate the Pan ITC—97—221) American Cable System. ITC—214—19980430—00286 (previously Authority to construct and operate the ITC—98—342, ITC—98—342A) Americas—II Cable System.

Answer to Question 11: Pursuant to Section 63.18(h) of the Commission‘s Rules, the entities holding a direct or indirect 10 percent or greater equity interest in Transferee Broadband are as follows. Name: AMZAK Capital Management, LLC Address: 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Citizenship: United States Principal Business: Investment company Ownership: 100 percent. Name: The Kazma Family (Gerald Joseph Kazma, Michael David Kazma, and Leigh Anne Kazma)® Address: 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Citizenship: Canada Principal Business: Individuals Ownership: The immediate members of the Kazma Family, through various holding companies, collectively hold 100 percent of the ownership interests of AMZAK. No other entity or individual holds a 10 percent or greater direct or indirect interest in Transferee Broadband." Answer to Question 12: AMZAK currently has the following interlocking directorate with foreign carriers: 3 Although each family member‘s interests are separate and independent, their interests are being aggregated here out of an abundance of caution. * On or about April 7, 2010, AMZAK transferred its interest in Holding Company to its wholly— owned subsidiary Broadband. On or about June 7, 2010, Broadband transferred a portion of it ownership interest in Holding Company to PTY Capital Partners Ltd ("PTY Capital Partners Ltd"). Broadband now holds a 55.9 percent ownership interest in Holding Company, and PTY Capital Partners now holds a 20.5 percent ownership interest in Holding Company. PTY Capital Partners‘ address is Urbanizacion Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panama. Its principal business is investments. Contemporary Investments Ltd. ("Contemporary Investments"), a Bahamas company, holds 100 percent of the ownership interests of PTY Capital Partners. Its address is Urbanizacion Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panamég. Its principal business is investments. Alberto C. Motta, Jr. and Stanley A. Motta, citizens of Panama, each hold a 50 percent ownership interest in Contemporary Investments. The Mottas‘ address is Urbanizacion Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panamai. They are individual investors. Miguel Heras is a Director of PTY Capital Partners as well as Vice President and Director of Tricom, S.A., a foreign carrier. —3—

Michael David Kazma, Tricom, S.A. President and Director President and Director Broadband currently has the following interlocking directorates with foreign carriers: Michael David Kazma, Tricom, S.A. President and Director President and Director * Answer to Question 13: Description of the Transaction and Public Interest Statement On April 7, 2010, the parties consummated transactions involving the assignment of Tricom USA‘s international Section 214 authorizations ("International Section 214 Assignment Application")" pursuant to a plan of reorganization ("Plan of Reorganization")° under U.S. bankruptey laws and in accordance with the Commission‘s consent. The exact indirect ownership of the reorganized Tricom USA could not be determined prior to the reissuance of stock pursuant to the Plan of Reorganization. Accordingly, in the International Section 214 Assignment Application, the parties provided estimates of the equity ownership percentages that would be held by each ten (10) percent or greater interest holder in Hispaniola Telecom Holdings, Ltd. ("Holding Company"), the holding company holding at least 97 percent of the ownership interests of reorganized Tricom, S.A. ("Tricom, S.A."), the direct parent company of Tricom USA. As reported in the International Section 214 Assignment Application, the parties reasonably believed that, post—consummation, AMZAK would hold a direct ownership interest in Holding Company in excess of 18.5 percent but less than 50 percent, and that two other investors, Ellis Portafolio, S.A. ("Ellis") and MAP Private Trust Company ("MAP"), would hold 10.7 percent and 13.4 percent ownership interests in Holding Company, respectively. 5 See Application for the Assignment of International Section 214 Authorizations from Tricom USA, Inc. Debtor—in—Possession to Tricom USA, Inc., IB Dockets: ITC—AS$G—20091223—00543 and SCL— ASG—20091223—00040. The International Section 214 Assignment Application was granted on January 29, 2010. See International Authorizations Granted, Public Notice, DA 10—232, 25 FCC Red 1279 (2010). 6 Prior to the consummation of the Plan of Reorganization, the international Section 214 authorizations held by Tricom USA (referred to in the Section 214 Assignment Application as "New Tricom USA") were previously held by Tricom USA, Inc. Debtor—in—Possession. Tricom USA, Inc., Debtor—in—Possession previously notified the Commission of the pro forma assignment of the Section 214 authorizations from Tricom USA, Inc. (referred to in the Section 214 Assignment Application as "Old Tricom USA") to Tricom USA, Inc. Debtor—in—Possession. See Notification of the Pro Forma Assignment of International Section 214 Authorizations from Tricom USA, Inc. to Tricom USA, Inc. as Debtor—in— Possession, File No. ITC—ASG—20080327—00158. —4—

During the time period following the Section 214 Assignment Application and prior to the date of consummation, April 7, 2010, AMZAK acquired further unsecured claims for borrowed money against Tricom, S.A. and its subsidiaries. As a result, as of the date of consummation, AMZAK, held a 57.2 percent ownership interest in Holding Company. Ellis and MAP respectively held 12.5 percent and 19.0 percent ownership interests in Holding Company. An ownership chart for Tricom USA, post—transfer of control, is set forth in Exhibit A." - Further, the following transactions occurred. On or about April 7, 2010, AMZAK transferred its interest in Holding Company to its wholly—owned subsidiary Broadband Investments Limited ("Broadband"), a Barbados limited liability company. On April 15, 2010, Ellis and MAP transferred their ownership interests in Holding Company to Broadband. On or about June 7, 2010, Broadband transferred a portion ofits ownership interest in Holding Company to PTY Capital Partners Ltd. ("PTY Capital Partners"), a British Virgin Islands company. As a result of these transactions, Broadband now holds a 55.9 percent ownership interest in Holdlng Company and PTY Capital Partners now holds a 20.5 percent ownership interest in Holding Company An ownership chart for Tricom USA, post—pro forma transfer of control, is set forth in Exhibit B. In order to bring the transfer of majority control to AMZAK and the pro forma transfer to Broadband into compliance with the Commission‘s Rules, in addition to the instant pro Fforma notification, the parties have filed an international Section 214 application for transfer of control of Tricom USA to AMZAK ("International Section 214 Transfer of Control Application") and a request for special temporary authority (STA) to continue to operate during the pendency of the International Section 214 Transfer of Control Application and related filings. ? Applicants informed the Commission of these post—transfer of control ownership percentages in a consummation notice filed on May 7, 2010 via ECFS and IBFS. See Letter to Ms. Marlene Dortch, Secretary, from Michelle W. Cohen, dated May 7, 2010, WC Docket No. 10—16, IB Dockets: ITC—ASG— 2009 1223—00543 and SCL—ASG—20091223—00040. As noted above, Contemporary Investments Ltd. ("Contemporary Investments"), a Bahamas company, holds 100 percent of the ownership interests of PTY Capital Partners. Alberto C. Motta, Jr. and Stanley A. Motta, citizens of Panama, each hold a 50 percent ownership interest in Contemporary Investments. —5.

EXHIBIT A

Tricom USA, Inc. Post—Transfer of Control Gerald Joseph Michael David Kazma Kazma 100% 100% MAP Private Trust Leigh Anne GMK Ventures Kazma Company Kazma LLC Investments LLC 6% 47% 47% 100% Ellis Portafolio, S.A. AMZAK Capital Management, LLC 12.5% 57.2% Holding Company (Hispaniola Telecom Holdings, Ltd.) 97% or more Tricom, S.A. 100% Tricom USA, Inc.

EXHIBIT

Tricom USA, Inc. Post—Pro Forma Transfer of Control Gerald Joseph Michael David Kazma Kazma 100% 100% Leigh Anne GMK Ventures Kazma Kazma LLC Investments LLC 6% 47% 47% . Alberto Stanley AMZAK Capital C. Motta, Jr. A. Motta Management, LLC 50%\ /50% 100% Contemporary Investments Ltd. Broadband Investments 100% Limited PTY Capital Partners Ltd. 55.9% 20.5% Holding Company (Hispaniola Telecom Holdings, Ltd.) 97% or more Tricom, S.A. 100% Tricom USA, Inc.


Document Created: 2010-07-19 13:54:48
Document Modified: 2010-07-19 13:54:48
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