Attachment Attachment 1

This document pretains to ITC-T/C-INTR2018-07411 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTCINTR201807411_1552881

Attachment 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 APPLICATION FOR TRANSFER OF CONTROL OF ENDSTREAM COMMUNICATIONS, LLC A. Introduction Applicant requests Commission consent to the transfer of control of Endstream Communications, LLC (“Endstream” or “Company”), the holder of International Section 214 Authorization ITC-214-20070904-00355. The Transferor is Dov Schwartz, an individual (“Transferor”). The Transferee is Endstream Communications, LLC, a limited liability company organized in the state of New York. On December 31, 2011, Transferor, who at the time owned 50% of the Endstream stock, left the partnership. His share of the Company was distributed among Mr. Levitt and two new investors. Details of the transaction are described more fully below in response to Question 13. Ownership of the Transferee following the transaction is described in response to Question 11. Endstream operates as a wholesale provider of domestic and international telecommunications services that are purchased by other carriers to provide interconnected VoIP, toll free, calling card and other communications services. CORES / FRN Registrations. The FRNs for the parties to this application are set forth in Table No. 1, below. CORES/FRN Entity Party Role in Application 0016-7407-22 Endstream Communications, LLC Applicant, Transferee and 214 Authorization Holder 0027-8882-05 Dov Schwartz Transferor Late-Filed Application for Consent. The transaction at issued occurred on December 31, 2011, and this application is thus being filed after the fact. See Section E below. Mr. Schwartz is not available as a joint applicant to execute this transfer of control; accordingly, Mr. Levitt, the CEO of Endstream is signing on behalf of both the Transferor and Transferee. The details of and reasons for the late filing are discussed in Exhibit 2 to this application, and in an application for special temporary authority being filed concurrently with this Application.

Attachment 1 B. Answer to Question 10 In response to Section 63.18(c) of the FCC Regulations: Correspondence concerning this application, as to any of its parties, may be addressed to Applicant’s regulatory consultant, as follows: Sharon Thomas President and Consultant Inteserra Consulting Group, Inc. 151 Southhall Lane, Suite 450 Maitland, FL 32751 407-740-3031 sthomas@inteserra.com In response to Section 63.18(d) of the FCC Regulations: On September 21, 2007, Endstream was granted Section 214 Authority to “Global or Limited Global Resale Service.” File No. ITC-214-20070904-0355, Public Notice – International Authorizations Granted, Report No. TEL-01191 (DA No. 07-4074; rel. September 27, 2007). No party to this application has previously received any other Section 214 authority. C. Answer to Question 11 The following individuals own 10% or more of Endstream Communications, LLC, the Transferee following the transfer1: Name: Erik B. Levitt Address: 401 East 34th Street #N27J New York, NY 10016 Citizenship: USA Principal Business: Telecommunications Percent Ownership: 37.5% 1 Immediately following the transfer on December 31, 2011, the Transferee’s ownership was distributed as follows: Erik Levitt – 41%; Dan Pulver – 41% and Avinash Kenkare – 18%. On October 8, 2016, Brian Stone, a US Citizen, acquired 8% of the Company’s stock, which resulted in the ownership shares set forth herein. This subsequent transaction was not a transfer of control requiring approval.

Attachment 1 Name: Dan Pulver Address: 3 Hawthorne Place Summit, NJ 07901 Citizenship: USA Principal Business: Investor Percent Ownership: 37.5% Name: Avinash Kenkare Address: 4 Davinci Court Somerset, NJ 08873 Citizenship: USA Principal Business: Health Care Percent Ownership: 17% D. Answer to Question 12 Transferee has no interlocking directorates with any foreign carrier. E. Answer to Question 13 The transfer of control was by means of a stock acquisition, generally described in the preceding paragraphs, namely, the acquisition of the 50% stock interest held by Transferor by Mr. Levitt (who also owned 50% of the shares prior to the transaction) and two other investors, Mr. Pulver and Mr. Kenkare. The transfer did not affect the operations of Endstream or its management, as Erik Levitt was CEO and exercised de facto control of the Company both prior to and following the transaction. The Applicant retained its name and wishes to retain its international authority under ITC-214-20070904-0355. F. Answer to Question 20 This Application qualifies for streamlines processing under Section 63.12 because: (1) The Applicant is NOT affiliated with a foreign carrier in a destination market; and (2) The Applicant does NOT have an affiliation with any dominant U.S. carrier. G. Answer to Question 22 The stock transaction at issue in this application closed on December 31, 2011, and this is therefore a late-filed application for consent. See Section A above. In answering Question 22 on the form “YES,” Applicant does not intend to conceal or obscure this fact, but rather means that it has (a) concurrently applied for an STA to authorize continued operation pending action on this

Attachment 1 application, and (b) taken steps to guard against any such oversights or regulatory failures in the future. H. Public Interest Statement The Transaction described herein serves the public interest. The Transaction had no negative impact on the customers served by Endstream, which continued to benefit from the competitive telecommunications services offered. Mr. Levitt, the CEO of Endstream prior to the transaction remained the CEO of Endstream following the transaction and continues to run the Company’s day-to-day operations. I. Information Required by Section 63.04 In lieu of an attachment, pursuant to Commission Rule 63.04(b), 47 C.F.R. § 63.04(b,) Applicant submits the following information in support of their request for approval of the transfer of control of its domestic Section 214 authority in order to address the requirements set forth in 47 C.F.R. § 63.04(a)(6)-(12): (a)(6) A description of the proposed Transaction is set forth in Section E above. (a)(7) Endstream Communications, LLC operates as a wholesale provider of domestic and international telecommunications services that are purchased by other carriers to provide interconnected VoIP, toll free, calling card and other communications services. Its services are offered nationwide. (a)(8) Applicants respectfully submit that this Application is eligible for streamlined processing pursuant to 47 C.F.R. §63.03. In particular, this Application is eligible for streamlined processing pursuant to Section 63.03(b)(2) because the transaction resulted in the Transferee having a market share in the interstate, interexchange market of less than 10 percent and the Transferee does not provide any competitive telephone exchange service or exchange access service. (a)(9) Applicant is filing an International Section 214 Special Temporary Authority Application in conjunction with this Application, pending approval of this late-filed Transfer of Control Application.

Attachment 1 (a)(10) No party is requesting special consideration because it is facing imminent business failure. (a)(11) Not applicable. (a)(12) A statement showing how grant of the application will serve the public interest, convenience and necessity is provided in Section H above. Conclusion For the reasons stated above, Applicant respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Application. Applicant respectfully requests that the Commission approve the proposed Transaction as soon as possible. Respectfully Submitted, /s/ Sharon Thomas Sharon Thomas Inteserra Consulting Group, Inc. 151 Southhall Lane, Suite 450 Maitland, FL 32751 TEL: 407-740-3031 Email: sthomas@inteserra.com Consultant to Endstream Communications, LLC


Document Created: 2018-10-11 16:21:00
Document Modified: 2018-10-11 16:21:00
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