Attachment 20170725154841-750.p

20170725154841-750.p

SUPPLEMENT

Supplement

2012-10-29

This document pretains to ITC-T/C-20121029-00274 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2012102900274_1595153

                                                                                                           Page 1 of 1



   Adrienne Downs

    From:                       Eric Fishman [EFishman@PhillipsNizer.corn]
    Sent:                       Thursday, November 08, 2012 1:43 PM
    To:                        Adrienne Downs
    Subject:                   Attachment 1 to Transfer of Control Application of Orlando Telephone
   Attachments: NYC—#1185071—v2—Attachment_1.D0CX; NYC—#1185042—v3—
                                Orlando_Telephone_Application.DOCX

Adrienne,

Thank you again for your call, and my apologies again for our phone lines.

Attached please find the long form application and attachment to the electronic transfer of control application
we filed on behalf of Orlando Telephone Company. Should you have any questions regarding this filing, or our
associated STA request, please let me know. As we discussed, for the time being I can most easily be reached on
my cell at 240—475—0620.

Best wishes,

Eric Fishman


Eric Fishman, Esq.
Partner
PHILLIPS NIZER LLP
666 Fifth Avenue
New York, NY 10103—0084
212.841.0537 Direct
212.977.9700 Main
212.262.5152 Fax
efishman@phillipsnizer.com
www.phillipsnizer.com

se se se se deste e o ob se m ies mb es ie m es e nb obe e e ol ob e ie e e e ie e ole uk



Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you
that, unless otherwise expressly indicated, any federal tax advice contained in this communication,
including attachments and enclosures, is not intended or written to be used, and may not be used, for the
purpose of (1) avoiding tax—related penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any tax—related matters addressed herein.

* k kok ow s uk f un son s o# s n s k s s s uo k k ks # & w %



The information contained in this e—mail communication may be confidential and legally privileged and is for
the use of the intended recipient only. If you are not the intended recipient, or an authorized employee or
agent responsible for delivering it to the intended recipient, the dissemination, distribution or reproduction of
this communication or its contents (including any attachments) is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone or reply e—mail and permanently
delete it and any copies from your system and files.




11/8/2012


                                                                                                       Page 1 of 2



 George Li

  From:     George Li
  Sent:     Thursday, December 06, 2012 9:57 AM
  To:       ‘Sofield, Richard (NSD)‘
  Co:       ‘Shaifer, Marilyn (NSD)‘; ‘Rockoff, Jennifer (NSD); ‘Brown, Tyrone (NSD); ‘Taylor, Kristin (NSD)‘;
            ‘Ongman, Joanne (NSD)‘; ‘Ongman, Joanne (NSD)‘
  Subject: RE: Cover Letter Reference EB 2012—32 (comments due by November 2, 2012 and December 5,
            2012)


Thank you Rick.


From: Sofield, Richard (NSD) [mailto:Richard.Sofield2@usdoj.gov]
Sent: Thursday, December 06, 2012 9:53 AM
To: George Li
Cc: Shaifer, Marilyn (NSD); Rockoff, Jennifer (NSD); Brown, Tyrone (NSD); Taylor, Kristin (NSD); Ongman,
Joanne (NSD)
Subject: RE: Cover Letter Reference EB 2012—32 (comments due by November 2, 2012 and December 5, 2012)

Team Telecom requests that the following matters be removed from streamline:

 Jajah,(ITG—214—
__20121106—00284)
 42COM International,
    Inc. (ITC—214—
  20121108—00287)
        Summit
  Broadband/Summit
  Vista Inc. (ITC—T/C—
   20121029—00274)



Thanks youlll


Richard C. Sofield
Director
Foreign Investment Review Staff
National Security Division
U.S. Department of Justice

w—(202) 233—0702
M—(202) 598—0667


From: George Li [mailto:George.Li@fcc.gov]
Sent: Thursday, December 06, 2012 8:29 AM
To: George Li; Sofield, Richard (NSD)
Cc: Shaifer, Marilyn (NSD); Schmid, Kimberly (NSD); Rockoff, Jennifer (NSD); Brown, Tyrone (NSD)
Subject: RE: Cover Letter Reference EB 2012—32 (comments due by November 2, 2012 and December 5, 2012)



12/6/2012


George Li

From:                       Adrienne Downs
Sent:                       Friday, December 07, 2012 3:21 PM
To:                         ‘craig@jajah.com‘; ‘s.spies@bingham.com‘; ‘denise.wood@bingham.com‘; ‘Eric Fishman‘
Co:                         ‘robert.spiva@ic.fbi.gov‘"; ‘edward.hand@usdoj.gov‘; ‘Morgan, Hillary J CIV (US);
                            ‘jarnold@ntia.doc.gov‘; ‘vbarrish@askcalea.net‘; ‘maydc@state.gov‘;
                            ‘Christopher. Siefken@ic.fbi.gov‘; ‘Marilyn.Shaifer@usdoj.gov‘; ‘Tyrone.Brown@usdoj.gov‘;
                            ‘Brian.williams@associates.dhs.gov‘; ‘shawn.cooley@dhs.gov‘; ‘TTelecom@usdoj.gov‘;
                            ‘Siobhan.Dupuy@usdoj.gov‘; ‘alex.daman@dhs.gov‘; ‘Joanne.Ongman@usdoj.gov‘;
                            ‘Jennifer. Rockoff@usdoj.gov‘; ‘jimchale@ustr.gov‘; ‘Richard.Sofield2@usdoj.gov‘;
                            ‘glenn.kaminsky@hq.dhs.gov‘; ‘dale.barr@hq.dhs.gov‘; ‘scott_m._deutchman@ostp.eop.gov‘;
                            ‘IP—FCC@dhs.gov‘; ‘john.delmore@ic.fbi.gov‘; ‘ttwg@leo.gov‘; ‘Kimberly.Schmid@usdoj.gov‘;
                            ‘Christopher.Siefken@ic.fbi.gov‘; George Li; David Krech; Susan OConnell; Howard Griboff;
                            James Ball
Subject:                    Removed from Streamline



ITC—214—20121106—00284 —— Jajah, Inc.

ITC—214—20121108—00287 —— 42COM INTERNATIONAL INC.

ITC—T/C—20121029—00274 —— Orlando Telephone Company, Inc.

The above referenced applications were placed on Public Notice for streamlined processing. Since the Public
Notice was released, the Commission has been requested by the Executive Branch agencies of the United States
that we remove the subject applications from streamlined processing. Therefore, pursuant to Section
63.12(c)(3) of the Commission‘s Rules, we have removed these applications from streamlined processing.

Please be advised that your company may not commence operations until the authorization is granted. See
Section 63.12(d) of the rules, 47 C.F.R. Section 63.12(d). The Executive Branch will contact you or the
"Contact" listed on your application directly for furtherinformation. You can be assured that your application
will be processed expeditiously upon completion of Executive Branch‘s review. We will notify you by e—mail
when your application is granted.

The Public Notice indicating that the applications have been removed from streamlined processing is attached.
If you have any questions, please email: George.Li@fcee.gov.

 << File: TELO1593S5.pdf >>


Adrienne Downs
International Bureau, FCC
(202) 418—0412
Adrienne.Downs@fcc.gov


George Li
                              mm            oooouncoenem



From:                          Hojati, Shahram (NSD) <Shahram.Hojati@usdoj.gov>
Sent:     '                   Thursday, February 28, 2013 3:17 PM
To:                           George Li; David Krech
Ce:                            Brown, Tyrone (NSD)
Subject:                      RE: Orlando Telephone Company
Attachments:                  Withdrawal Request Letter.pdf



Good afternoon George;

Attached, Please find Team Telecom withdraw letter for the above referenced application.

Should you have any questions please contact Shahram Hojati or Tyrone Brown.

Thanks

Shahram Hojati, Ph.D.
DOT—SME
202—233—0748


  é’&"m
   %                                                 U.S. Department of Justice

                                                     National Security Division




Assistant Attorney General                           Washington, D.C. 20530


                                                                              February 28, 2013

ByE—File
Ms. Marlene H. Dortch
Federal Communications Commission
445 12th St. SW, Room TW—B204
Washington, DC 20554

Re:         Orlando Telephone Company, Inc.
          ITC—T/C—20121029—00274
          EB Letter —— 2012—32

Dear Ms. Dortch:



The Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), with
the concurrence of the Department of Homeland Security ("DHS") (collectively, the
"Agencies"), officially withdraws its request to defer action on the above—referenced application.
Based on the information provided to the Agencies by the Applicant and analysis by the
Agencies of potential national security, law enforcement, and public safety issues, the Agencies
hereby notify the Commission that they have no objection to the application.


Thank you for your consideration.


                                                     Sincerely,


                                                    /s/ Tyrone Brown
                                                    Foreign Investment Review Staff
                                                    National Security Division
                                                     U.S. Department of Justice


go:
David Krech (via emall at david.krech@fce.gov)
George Li (Via email at George.Li@fee.gov)


                                       ATTACHMENT 1

AnswertoQi1     tion10

Response to     ction 63.18(c) and Section 63.18(d) of the Commission‘s rules

Section 63.1i   ) Contract Information for Correspondence

Orlando Tele     ane Company dba Summit Broadband (Section 214 Holder)

Eric Fishman
Phillips Nize   LP
666 Fifth Av    ie
New York, N       York 10103—0084
Telephone: 2    841—0537
Facsimile: 21   262—5152
Email: efishn   @phillipsnizer.com

Summit Broa     and (Transferor)

Eric Fishman
Phillips Nize   LP
666 Fifth Av:   ie
New York, N     © York 10103—0084
Telephone: 2    841—0537
Facsimile: 21   262—5152
Email: efishn   @phillipsnizer.com

Summit Vist:    ac. (Transferee)

Eric Fishman
Phillips Nize   LP
666 Fifth Av:   ie
New York, N © York 10103—0084
Telephone: 21 z—841—0537
Facsimile: 212—262—5152
Email: efishman@phillipsnizer.com

Section 63.18(d) Section 214 Authority                                                                \/./

Orlando Telephone Company, Inc. dba Summit Broadband has authority under Section 214 of
the Communications Act of 1934 to provide interstate service within the United States pursuant
to blanket authority under 47 C.F.R. § 64.01, as well as global resale authority granted in IB File
No. ITC—214—19970919—00564.

Summit Vista Inc., the proposed transferee, is a newly formed company, organized under the
laws of the State of Florida, and holds no FCC authorizations.


1185071.2


        Summit Vista Inc., a newly formed Florida corporation, is a wholly owned subsidiary of
 Cable Bahamas Ltd. ("CBL"), a publicly traded corporation (Bahamas International Securities
 Exchange: CAB) underthe laws of the Government of The Bahamas. By itselfand through its
 subsidiaries, CBL provides in the Commonwealth of The Bahamas broadband cable television,
 internet and telecommunications services. The largest single shareholder of CBL, holding
 22.32% ofits equity, is the National Insurance Board of The Bahamas. No other individuals or
 entities hold a 10% or greater direct or indirect equity or voting interest in the company.

       Three subsidiaries of CBL hold international operating authorizations issued by the
 Commission:

        Trinity Communications Ltd., a corporation organized under the laws of the State of
Delaware("Trinity"), holds authority, pursuant to Section 214 of the Communications Act, to
provide resold and facilities—based international telecommunications services. See FCC File No.
ITC—214—20030515—00268. Trinity is a wholly owned subsidiary of Caribbean Crossings Ltd.
(see below), itself a wholly owned subsidiary of CBL.

       Caribbean Crossings Ltd., which owns and operates the Bahamas Internet Cable System
("BICS") extending between the United States and The Bahamas. Caribbean Crossings Ltd.,
DA 00—1349, released June 20, 2000;, Public Notice Report No. TEL—00607, DA 02—3357,
released December 5, 2002 (modification of Caribbean Crossings‘ license to permit the
construction of a secondfiber optic link and a self—healingfiber ring between The Bahamas and
the United States. FCC File No. SCL—MOD—20020925—00094 P.

        Systems Resource Group Litd. holds authority, pursuant to Section 214 of the
Communications Act, to provide resold and facilities—based international telecommunications
services. See FCC File No. ITC—214—20030115—00014.

Answerto Question 11

Summit Vista Inc., a Florida Corporation, is wholly owned by Cable Bahamas Ltd., a publicly
traded corporation (Bahamas International Security Exchange: CAB) organized under the laws
of the Government of The Bahamas. By itself and through its subsidiaries, Cable Bahamas Ltd.
provides broadband cable television, internet, voice and other telecommunications services to its
subscribers.

The National Insurance Board of The Bahamas is the largest single shareholder of Cable
Bahamas Ltd., owning 22% of the company‘s equity. No other individuals or entities hold a
10% or greater direct or indirect equity or voting interest in the company.

Answer to Question 12

Anthony Butler, a director of Summit Vista, is also a director of its affiliate, Cable Bahamas Ltd.
and its direct and indirect subsidiaries Caribbean Crossings, Ltd., Trinity Communications Ltd.
and Systems Resource Group. See Answer to Question 10 supra. Mr. Butler is a citizen of the



1185071.2


United Kingdom. Following the transactions set forth in this application, he will continue to
serve as a director of Cable Bahamas and its subsidiaries, as well as of Orlando Telephone
Company, Inc.

      Philip Keeping, a citizen of Canada, is currently a director of Orlando Telephone
Company, Inc. and of Cable Bahamas Ltd., Caribbean Crossings Ltd. and Trinity
Communications Ltd.

Answerto Question13

The transaction contemplated by this application will be accomplished through an Agreement
and Plan of Merger by and among Cable Bahamas Ltd. ("CBL"), Summit Vista, Summit
Broadband, and certain of the shareholders of Summit Broadband. Pursuant to its terms, a
subsidiary of Summit Vista will merge into Summit Broadband, and Summit Broadband shall
continue to operateas a wholly—owned subsidiary of Summit Vista Inc.

Following consummation of the proposed merger, Orlando Telephone (combined with Trinity
Communications and its FCC licensed affiliates will continue to offer service with no change in
the rates or terms and conditions of service. There will be no interruption or disruption of
service to customers, and the transfer of control of Orlando Telephone will be seamless to
customers. Future changesin the rates, terms or conditions of service to customers, if any, will
be undertaken pursuant to applicable federal and state notice and tariff requirements and
pursuant to Orlando Telephone‘s contractual obligations toits customer.

Answer to Question 14 and 16

As noted above, Summit Vista is a direct wholly—owned subsidiary of Cable Bahamas Ltd. The
Utilities Regulation and Competition Authority (°URCA") in The Bahamas has issued an
omnibus license to Cable Bahamas Ltd. which covers all of its subsidiaries incorporated in the
Bahamas and permits the provision of all telecommunications services. CBL, by itself or
throughits subsidiaries, provides, inter alia, broadband data, cable television, public internet and
voice services. Caribbean Crossings Ltd., a Cable Bahamas subsidiary, owns and operates the
Bahamas Internet Cable system, a submarine fiber optic network, pursuant to FCC authority.

Section 116 of the Communications Act 2009 of the Government of The Bahamas sets our
presumptions of significant market power for Bahamas Telecommunications Company Limited
and Cable Bahamas Ltd. In the case of Cable Bahamas Ltd., this presumption was limited to the
markets for high speed data and connectivity services and the Pay TV market. Neither the
Communications Act 2009 nor URCA have designated Cable Bahamas as dominant in the
provisioning of telecommunications service.          Rather, pursuant to that Act, Bahamas
Telecommunications Company Limited is presumed to possess significant market power for the
provisioning of fixed voice and data services and mobile voice and mobile data.

The Commission has acknowledged the foreign ownership of Trinity Communications and has
declined to regulate it as a dominant carrier. See Public Notice Report No. TEL—O01402, DA No.
09—2631, released December 24, 2009.




1185071.2


Answer to Question 20

Orlando Telephone and Summit Vista respectfully submit that this Application is eligible for
streamlined processing pursuant to Section 63.12 of the Commission‘s rules, 47 C.F.R. § 63.12.
This Application is eligible for streamlined processing because (a) Cable Bahamas is not
affiliated with a dominant foreign carrier, and (b) none of the scenarios outlined in Section
63.12(c) apply.

The parties have attempted to include as much detail in this Application as possible to support
rapid processing within the parameters of the Commission‘s rules, and are willing to submit any
additional information to facilitate processing.




1185071.2


                                       Before the
                        FEDERAL COMMUNICATIONS COMMISS
                                 Washington, DC 20554

                                                     N
In the Matter of                                     /
                                                     \

                                                     /

Application of Orlando Telephone Company, Inc.       \
                                                     4

dba Summit Broadband and                             \
                                                     /
                                                     ,
Summit Vista Inc. for Authority Pursuant to          /
                                                     4
Section 214 of the Communications Act of 1934,       /
                                                     \
as amended, and Sections 63.04 of the                /
                                                     ,
Commission‘s Rules to Complete a Transfer of         /

Control of Orlando Telephone Company, Inc.,          ]
an Authorized Domestic Section 214 Carrier, to       )
Summit Vista Inc.                                    }

                          TRANSFER OF CONTROL APPLICATI(

        Orlando Telephone Company, Inc. dba Summit Broadband (              ado Telephone") and

Summit Vista Inc. ("Summit Vista") (collectively, "Applicants"), pur        to Section 214 of the

Communications Act of 1934, as amended, 47 U.S.C. § 214) :                  ection 63.04 of the

Commission‘s Rules, 47 C.F.R. § 63.04, respectfully request Commis          ipproval to effectuate

a transfer of control of Orlando Telephone, an authorized Section 21«       ier and non—dominant

provider of international resale service, to Summit Vista pursuant to       mms of an Agreement

and Plan of Merger. For the reasons set forth herein, the parties respe     y submit that grant of

this authority will serve the public interest.

        Description of Parties

        A.      Orlando Telephone Company, Inc.

        Orlando Telephone Company, a Florida corporation, is a competitive carrier that provides

resold local, interstate and international telecommunications services and facilities—based local

services to commercial and residential subscribers in Florida pursuant to authority granted by the




1185042.3


Florida Public Service Commission and the FCC.‘ Orlando Telephone also provides cable and

Internet services in the State of Florida.

        The parent company of Orlando Telephone, owning 100% ofits capital stock, is Summit

Broadband, Inc., a Florida corporation.

        B.        Summit Vista Inc.

            Summit Vista Inc., a newly formed Florida corporation, is a wholly owned subsidiary of

 Cable Bahamas Ltd. ("CBL"), a publicly traded corporation (Bahamas International Securities

 Exchange: CAB) under the laws of the Government of The Bahamas. By itself and through its

 subsidiaries, CBL provides in the Commonwealth of The Bahamas broadband cable television,

 internet and telecommunications services.         The largest single shareholder of CBL, holding

 22.32% of its equity, is the National Insurance Board of The Bahamas. No other individuals or

 entities hold a 10% or greater direct or indirect equity or voting interest in the company.

            Three subsidiaries of CBL hold international operating authorizations issued by the

 Commission:

            Trinity Communications Ltd., a corporation organized under the laws of the State of

 Delaware ("Trinity"), holds authority, pursuant to Section 214 of the Communications Act, to

provide resold and facilities—based international telecommunications services. See FCC File No.

 ITC—214—20030515—00268. Trinity is a wholly owned subsidiary of Caribbean Crossings Ltd.

 (see below), itself a wholly owned subsidiary of CBL.

        Caribbean Crossings Ltd., which owns and operates the Bahamas Internet Cable System

("BICS") extending between the United States and The Bahamas. Caribbean Crossings Ltd.,

DA 00—1349, released June 20, 2000; Public Notice Report No. TEL—00607, DA 02—3357,


*        Florida Public Service Commission CLEC Certificate No. 4698; FCC File No. ITC—214—19970919—00564,
granted November 20, 1997.



1185042.3


      released December 5, 2002 (modification of Caribbean Crossings‘ license to permit the

      construction of a second fiber optic link and a self—healing fiber ring between The Bahamas and

      the United States. FCC File No. SCL—MOD—20020925—00094 P

              Systems Resource Group Ltd. holds authority, pursuant to Section 214 of the

      Communications Act, to provide resold and facilities—based international telecommunications

      services. See FCC File No. ITC—214—20030115—00014.

II.           Description of the Transaction

              The transaction contemplat‘ed by this Application will be accomplished through an

      Agreement and Plan of Merger by and among CBL, Summit Vista, Inc., Summit Broadband,

      Inc., and certain of the shareholders of Summit Broadband, Inc.            Pursuant to its terms, a

      subsidiary of Summit Vista will merge into Summit Broadband, Inc., and Orlando Telephone

      shall continue to operate as a wholly—owned subsidiary of Summit Vista.

II.           Information Required by Rule Section 63.04(a)

              Pursuant to Sections 63.04(a) of the Commission‘s rules, 47 C.F.R. § 63.04(a),

      Applicants submit the following information in support of their request:

              A.    Name, address and telephone number of each Applicant (Section 63.04(a)(1)):

                     Section 214 Holder:

                    Name:           Orlando Telephone Company, Inc. dba Summit Broadband
                     Address:       4558 SW 35"" Street, Suite 100
                                    Orlando, Florida 3281 1—8451
                     Telephone:     407—996—1163

                     Transferor:

                    Name:           Summit Broadband
                     Address:       4558 SW 35"" Street, Suite 100
                                    Orlando, Florida 328 11—8451
                     Telephone:     407—996—1163




      1185042.3


            Transferee:

            Name:           Summit Vista Inc. c/o Cable Bahamas Ltd.
            Address:        P.O. Box CB—13050
                            Robinson Road at Marathon
                            Nassau, The Bahamas
            Telephone:      242—356—8950

            Jurisdiction of each corporate applicant (Section 63.04(a)(2)):

            Section 214 Holder: Orlando Telephone is a corporation organized under the
            laws of the State of Florida

            Transferee: Summit Vista is a corporation organized under the laws of the State
            of Florida.

            Correspondence (Section 63.04(a)(3))

            Correspondence concerning this Application should be sent to:

            Eric Fishman
            Phillips Nizer LLP
            666 Fifth Avenue
            New York, New York 10103—0084
            Telephone: 212—841—0537
            Email: efishman@phillipsnizer.com

            Ownership (Section 63.04(a)(4))

            Name, address, citizenship and principal business of any person or entity that

            directly or indirectly owns at least ten percent of the equity of an applicant:

            Orlando Telephone Company (Section 214 Holder)

            Name:                  Summit Broadband
            Address:               4558 SW 35"" Street, Suite 100
                                   Orlando, Florida 3281 1—6451
            Citizenship:          United States
            Principal Business:   Telecommunications Service
            Percentage of Equity: 100% interest in Orlando Telephone

            Summit Vista Inc. (Transferee)

            Name:                  Cable Bahamas Ltd.
            Address:               Robinson Road




1185042.3


                                     P.O. Box CB 13050
                                     Nassau, Bahamas
            Citizenship:             Bahamas
            Principal Business:      Cable television and internet service
            Percentage of Equity: 100% interest in Summit Vista Inc.

            Cable Bahamas Ltd. >         it of Summit Vista Inc.)

            Name:                        onal Insurance Board
            Address:                     ‘ord Darling Complex
                                          Box N—7508
                                         sey Village
                                         lou Hill Road
                                         sau, Bahamas
            Citizenship:                 Bahamas
            Principal Business:          arnment Insurance
            Percentage of Equity

            Certification (Sectior       4(a)(5))
            Applicants certify t         » Applicant is subject to denial of federal benefits

            pursuant to Section 4        f the Anti—Drug Abuse Act of 1998. See 21 U.S.C. §

            853a; see also 47 C.F        ) 1.2001—1.2003.

            Description of transa        ‘Section 63.04(a)(6))

            A description of the ;       ied transaction is set forth in Section II above.

            Description of Servic        a and Service (Section 63.04(a)(7))

            Orlando Telephone            des competitive local exchange telecommunications

            services, exchange access services and resale interexchange services to customers

            located in the Orlando, Florida area, including portions of Orange County, Lake

            County, Polk County and Osceola County, Florida.             Orlando Telephone also

            provides resold local, interstate and international telecommunications services to

            commercial and residential subscribers in Florida.




1185042.3


            Through its wholly owned subsidiaries — Caribbean Crossings, Systems Resource

            Group       and     Trinity   Communications     ——    Cable     Bahamas    provides

            telecommunications service between the United States and other foreign points.

            Streamlined Treatment Request (Section 63.04(a)

            Applicants respectfully submit that this Applic:         is eligible for streamlined

            processing pursuant to Section 63.03 of the C«           ssion‘s rules, 47 C.F.R. §

            63.03. This Application is eligible for streamline       sessing pursuant to Section

            63.03 because, immediately following the tt              tion,   Summit Vista, the

            Transferee, will have a market share in the inte         ‘, interexchange market of

            substantially less than ten percent (10%), and Or1       Telephone will continue to

            provide competitive telephone exchange servic«            exchange access services

            exclusively in geographic areas served by a dom:         local exchange carrier that

            is not a party to the transaction, and neither Orlan     lephone nor Summit Vista,

            nor any affiliate of Summit Vista, are dominant w        spect to any service.

            Other authorizations (Section 63.04(a)(9))

            Orlando Telephone does not hold any other aut!           tions or licenses from the

            Commission.         Therefore, no other applicatic       re being filed with the

            Commission with respect to this transaction, with the exception of related

            electronic filings with the International Bureau, to which this Application is

            attached.

            No Special Consideration (Section 63.04(a)(10))

            No party is requesting special consideration because it is facing imminent

            business failure.




1185042.3


        K.      No Waiver Requests (Section 63.04(a)(11))

                No waiver requests are being sought in conjunction wit           transaction.

        L.      Public Interest (Section 63.04(a)(12))

                Applicants submit that the transaction described he1             ill serve the public

        interest. Under new ownership, Orlando Telephone will contit                 provide high—quality

        telecommunications servicesto consumers, while being able t«             ind its customer base

        and provide new and better services as a result of the greater           cial strength of CBL

        and its subsidiaries. The transfer of control, therefore, will g         ‘lando Telephone the

        ability to become a stronger competitor, to the ultimate benefit         isumers.

                Following consummation of the proposed merger, Orla              elephone, through its

        ownership by Summit Vista, will continue to offer telecomm               1i0ons service with no

        change in the rates or terms and conditions of service. The tr           tion will be seamless

        and transparent to customers, and Orlando Telephone will                 ue to provide high—

        quality telecommunications services to its customers with                aterruption.     Future

        changes in the rates, terms or conditions of service to c                ers, if any, will be

        undertaken pursuant to the applicable federal and state notice :         riff requirements and

        pursuant to Orlando Telephone‘s contractual obligations to its (         aers.


                Through prior rulings, the Commission has previously found that the grant of

        operating authorizations to other subsidiaries of CBL — Caribbean Crossings; Trinity

        Communications and Systems Resource Group — would serve the public interest. Grant

        of the instant application will clearly serve the public interest as well.

        M.      Request for Special Temporary Authority




1185042.3


                      By separate filing Applicants jointly request special temporary authority

              beginning no later than December 15, 2012, and ending 60 days from grant, or until such

              date as the Commission grants the Companies‘ underlying transfer of control application,

              whichever event occurs first.

IV.           Conclusion

              For the reasons stated above, Applicants respectfully submit that the public interest,

              convenience and necessity would be served by the Commission‘s approval of the transfer

              of control set forth herein.     Accordingly, Applicants respectfully request that the

              Commission grant this Application as expeditiously as possible through its streamlined

              processing procedures.

              Respectfully submitted,




              Richard W. Pardy, President                 Anthony Butler, President
              Orlando Telephone Company, Inc. dba         Summit Vista Inc.
              Summit Broadband                            Robinson Road & Old Trail Road
              4558 SW 35"" Street, Suite 100              New Providence, Bahamas
              Orlando, Florida 3281 1—6451                Phone: 242—356—8985
              Phone: 407—996—8900




              Eric Fishman
              Phillips Nizer LLP
              666 Fifth Avenue
              New York, NY 10103—0084
              Phone: 212—841—0537

              Date:   October 24, 2012




      1185042.3



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Document Modified: 2019-11-08 18:45:04

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