Attachment ITC-TC-20171031-0020

ITC-TC-20171031-0020

CONSUMMATION submitted by Fusion Connect, Inc.

2018-06-01

This document pretains to ITC-T/C-20171031-00202 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2017103100202_1410092

June 1, 2018 Marlene Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Application of Birch Communications, Inc. and Fusion Telecommunications International, Inc. for Consent to Acquire Control Pursuant to Section 214 of the Communications Act of 1934, as Amended - Notice of Consummation WC Docket No. 17-301 IB File Nos ITC-T/C-20171031-00201 and ITC-T/C-20171031-00202 Dear Ms. Dortch: Birch Communications, LLC1 (“Birch Comm”) and Fusion Connect, Inc.2 (“Fusion” and, together with Birch Comm, the “Applicants”), hereby respectfully notify the Federal Communications Commission (“Commission”) that the merger transaction described in the Applicants’ initial filing in the above-referenced proceedings (the “Transaction”), was consummated on May 4, 2018, resulting in the substantive transfer of control of Fusion and its subsidiaries to BCHI Holdings, LLC.3 Pursuant to 47 C.F.R. §63.24(e)(4), Applicants note that the international application addressed the substantive transfer of control of authorizations granted to Fusion and its subsidiaries in IB File Nos. ITC-214-19971001-00592 and ITC-214-19990127-00044. The 1 Subsequent to the filing and approval of the above-referenced application, Birch Communications, Inc. was converted from a corporation to a limited liability company. Birch Comm’s Form 499-A registration has been updated to reflect this change. Birch Comm is currently filing to surrender its international Section 214 authorization. 2 In connection with the consummation of the transaction, Fusion Telecommunications International, Inc. changed its name to Fusion Connect, Inc. The appropriate filings are being made separately with the Commission. 3 As described in the application, Birch Comm and its pre-close subsidiaries also underwent certain intra-corporate reorganizational changes. Pro forma notices are being filed separately, as appropriate, in connection with these changes.

international application was approved effective Dec. 29, 2017 (public notice issued January 4, 2018) and the domestic application was approved on January 5, 2018.4 Should you have any questions regarding this notice, please contact the undersigned counsel for the Applicants. Sincerely, /s/ Winafred Brantl /s/ Chérie R. Kiser Edward A. Yorkgitis, Jr. Chérie R. Kiser Winafred Brantl Angela F. Collins Kelley Drye & Warren LLP Cahill Gordon & Reindel LLP 3050 K Street, NW Suite 400 1990 K Street, NW Suite 950 Washington, DC 20007 Washington, DC 20006 Tel: (202) 945-6649 Tel. (202) 862-8900 Fax: (202) 342-8451 Fax: (866) 255-0185 Email: cyorkgitis@kelleydrye.com Email: ckiser@cahill.com wbrantl@kelleydrye.com acollins@cahill.com 4 International Authorizations Granted, Rpt. No. TEL-01883, DA No. 18-8, (Jan. 4, 2018); Notice of Domestic Section 214 Authorization Granted, WC Dkt. 17-301, DA No. 18-16 (Jan. 5, 2018).


Document Created: 2010-01-01 00:00:00
Document Modified: 2010-01-01 00:00:00
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