Attachment Attachment 1

This document pretains to ITC-T/C-20130802-00214 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2013080200214_1006093

                                         ATTACHMENT 1

                    Answers to Questions 10, 11, 12, 13, 14, 15, 16, 17 and 18

Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy, hereby notifies the
Commission of the involuntary transfer of control of the following ultimately wholly-owned
subsidiaries of American Broadband Communications, LLC (“American Broadband”) and
Dialog Telecom LLC (“Dialog”) that hold International Section 214 Authorizations for global
resale: Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long Distance
(ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632);
KLM Long Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-
00399); and AMA Communications, LLC (ITC-214-19980622-00430). The involuntary transfer
is taking place because Patrick L. Eudy, who owned 100 percent of American Broadband and
68.63 percent of Dialog, was killed in the crash of his private airplane on June 20, 2013. Jane R.
Eudy, the former wife of Patrick L. Eudy and the mother of their four minor children, was
appointed the personal representative of Mr. Eudy’s estate on June 27, 2013.

It is not absolutely clear to Jane R. Eudy and her counsel whether this involuntary transfer of
control constitutes a pro forma transfer of control (for which no filing fee is required) or a full-
fledged transfer of control (for which a filing fee is required). Section 63.24(g) of the
Commission’s Rules treats involuntary transfers the same as pro forma transfers with respect to
scheduling and processing procedures, but does not expressly state whether or not they constitute
pro forma transfers. With the death of Patrick L. Eudy, the ownership and control of his
majority stock interests in American Broadband and Dialog have passed to his Estate, and not to
any other individual or entity. Jane R. Eudy, as the Personal Representative for his Estate, has
the authority and ability to continue the present operations of American Broadband, Dialog and
their subsidiaries, to authorize payment of their financial obligations and to take other actions to
preserve the existence and viability of the companies. However, Jane R. Eudy’s authority is
plainly limited in time (until the probate process is completed) and in scope (to preserve the
value of American Broadband, Dialog and their subsidiaries until their stock is ultimately
distributed in accordance with Mr. Eudy’s will); she does not have unfettered authority during
the probate process to make wholesale changes unless they are needed to conserve the existence
and value of the companies. Reading Note 1 to Section 63.24(d) of the Commission’s Rules, a
reasonable person can find reasons and factual considerations both for and against classifying the
present involuntary transfer of control as a pro forma transfer.

Upon consideration of the foregoing paragraph, Jane R. Eudy has determined that there is
reasonable and sufficient basis to make this filing as a notice of pro forma transfer of control.
Once probate of Mr. Eudy’s Estate is completed, the Commission and its International Bureau
will have the opportunity to pass upon the ultimate owners of American Broadband, Dialog and
their subsidiaries that hold International Section 214 Authorizations. If the Commission or its
International Bureau determines that the subject transfer is not pro forma and that a filing fee is
required, Jane R. Eudy will comply.



Involuntary Transfers of Control of Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long
Distance (ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632); KLM Long
Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-00399); and AMA
Communications, LLC (ITC-214-19980622-00430).


Attachment 1
Page 2 of 5

Answer to Question 10

Contact Information

Name, title, post office address, and telephone number of the person to whom correspondence
concerning the application is to be addressed:

Jane R. Eudy
Personal Representative of the Estate of Patrick L. Eudy
c/o American Broadband Communications, LLC
1348 Matthews Township Pkwy, Suite 250
Matthews, NC 28105
Telephone: (704) 845-2263
Facsimile: (704) 845-2299

With a copy to Counsel:

Gerard J. Duffy
Blooston, Mordkofsky, Dickens, Duffy & Prendergast
2120 L Street, N.W. (Suite 300)
Washington, D.C. 20037
Telephone: (202) 659-0830
Facsimile: (202) 828-5568

Prior Section 214 Authority

Cameron Communications, LLC (“Cameron”) holds the following International Section 214
authorization for global resale of switched services: ITC-214-20100317-00105.

TelAlaska Long Distance (“TelAlaska”) holds the following International Section 214
authorization for global resale of switched services: ITC-214-19960826-00405.

HunTel CableVision d/b/a/ HunTel (“HunTel”) holds the following International Section 214
authorization for global resale of switched services: ITC-214-20001025-00632.

KLM Long Distance (“KLM”) holds the following International Section 214 authorization for
global resale of switched services: ITC-214-20000627-00398.

Holway Long Distance (“Holway”) holds the following International Section 214 authorization
for global resale of switched services: ITC-214-20000627-00399.

AMA Communications, LLC (“AMA”) holds the following International Section 214
authorization for global resale of switched services: ITC-214-19980622-00430.
Involuntary Transfers of Control of Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long
Distance (ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632); KLM Long
Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-00399); and AMA
Communications, LLC (ITC-214-19980622-00430).


Attachment 1
Page 3 of 5

Answer to Question 11

AMERICAN BROADBAND PRIOR TO TRANSACTION:

The name, address, citizenship and principal business of the sole entity that owned at least ten
(10) percent of the membership interests of American Broadband at the time of the involuntary
transfer of control were:

                            %
Name & Address          Ownership Citizenship                Principal Business
Patrick L. Eudy          100.00%    U.S.A.                   Telecommunications
1348 Matthews Township Pkwy
Suite 250
Matthews, NC 28105

AMERICAN BROADBAND AFTER TRANSACTION:

The name, address, citizenship and principal business of the sole entity that owns at least ten (10)
percent of the membership interests of American Broadband after the involuntary transfer of
control are:

                             %
Name & Address            Ownership Citizenship Principal Business
Estate of Patrick L. Eudy 100.00%    U.S.A.     Telecommunications
1348 Matthews Township Pkwy
Suite 250
Matthews, NC 28105

No other entity owned or owns ten percent (10.0%) or more of the equity and/or voting interests
of American Broadband or its ultimate wholly-owned subsidiaries that hold International Section
214 Authorizations for global resale (Cameron, TelAlaska, HunTel, KLM and Holway), either
prior or subsequent to the subject involuntary transfer of control.




Involuntary Transfers of Control of Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long
Distance (ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632); KLM Long
Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-00399); and AMA
Communications, LLC (ITC-214-19980622-00430).


Attachment 1
Page 4 of 5


DIALOG PRIOR TO TRANSACTION:

The names, addresses, citizenship and principal businesses of the entities that owned at least ten
(10) percent of the membership interests of Dialog at the time of the involuntary transfer of
control were:
                               %
Name & Address             Ownership Citizenship Principal Business
Patrick L. Eudy             68.63%       U.S.A.       Telecommunications
1348 Matthews Township Pkwy
Suite 250
Matthews, NC 28105

James Bellina                 22.88%          U.S.A.       Telecommunications
5550 77 Center Drive
Charlotte, NC 28217


DIALOG AFTER TRANSACTION:

The names, addresses, citizenship and principal businesses of the entities that own at least ten
(10) percent of the membership interests of Dialog after the involuntary transfer of control are:
                                %
Name & Address              Ownership Citizenship Principal Business
Estate of Patrick L. Eudy    68.63%         U.S.A.       Telecommunications
1348 Matthews Township Pkwy
Suite 250
Matthews, NC 28105

James Bellina                   22.88%         U.S.A.        Telecommunications
5550 77 Center Drive
Charlotte, NC 28217

No other entity owned or owns ten percent (10.0%) or more of the equity and/or voting interests
of Dialog or its ultimate wholly-owned subsidiary that holds an International Section 214
Authorization for global resale (AMA), either prior or subsequent to the subject involuntary
transfer of control.




Involuntary Transfers of Control of Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long
Distance (ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632); KLM Long
Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-00399); and AMA
Communications, LLC (ITC-214-19980622-00430).


Attachment 1
Page 5 of 5

Answer to Question 12

Neither American Broadband nor Cameron nor TelAlaska nor HunTel nor KLM nor Holway nor
Dialog nor AMA has any interlocking directorates with a foreign carrier.


Answer to Question 13

The reported involuntary transfer of control resulted from the accidental death in a private
airplane crash of Patrick L. Eudy, who owned 100 percent of American Broadband and 68.63
percent of Dialog. Mr. Eudy’s shares of American Broadband and Dialog are presently in his
Estate. While that Estate is in probate, Jane R. Eudy, who has been appointed the Personal
Representative of Mr. Eudy’s Estate, will vote his shares in American Broadband and Dialog and
take other actions deemed necessary and appropriate to preserve the value of that Estate until it
can be distributed in accordance with Mr. Eudy’s will.


Answer to Questions 14, 15, 16, 17 and 18

Neither American Broadband nor Cameron nor TelAlaska nor HunTel nor KLM nor Holway nor
Dialog nor AMA: (a) is a foreign carrier; (b) controls, is controlled by, or is under common
control with a foreign carrier; (c) is affiliated with a foreign carrier; nor (d) will be affiliated with
a foreign carrier upon consummation of the proposed transfer of control.




Involuntary Transfers of Control of Cameron Communications, LLC (ITC-214-20100317-00105); TelAlaska Long
Distance (ITC-214-19960826-00405); HunTel CableVision d/b/a/ HunTel (ITC-214-20001025-00632); KLM Long
Distance (ITC-214-20000627-00398); Holway Long Distance (ITC-214-20000627-00399); and AMA
Communications, LLC (ITC-214-19980622-00430).



Document Created: 2013-08-02 18:20:58
Document Modified: 2013-08-02 18:20:58

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC