Attachment 20170117160835-317.p

20170117160835-317.p

SUPPLEMENT

Supplement

1998-09-29

This document pretains to ITC-TAO-19980929-00710 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1998092900710_1396091

                                                                                                            ORIGINAL
                                      SWIDLER BERLIN SHERFFF FRIEDMAN, LLP

"_   WasHmcror        FICE                                                                                                NEW YORK OFFICE
     3000 K STREI     IW, SUutE 300                                                                                      919 THIRD AVENUE
     WasHinotor       2 20007—5116                                                                                NEW YORK, NY 10022—9998
     TELEPHONE (;     424—7500                                                                                     TELEPHONE g212) 758—9500
        s        2(   24—17647                                         »                                            FACSIMILE (212)   758—9526
     Fecamts (         +                                      October 7, 1     8                                              Ci0f
                                                                           #   fifim(fiX(%&fi@q —00
                                                                                              '7 10

              v. .COURIER                                                                    Granted
                                                                                         >     fid‘tJ: 13     :




                  &
              M alie Roman Salas, Esq.
                                                                                              ort
                                                                                              ~
                                                                                                  11998
              Se—stary                                                         ite:
              Fe      —ral Communications Commission
              In      national Bureau                                          ithorized bY!
              P.      Box 358115
                                                                               Gepres : Luceh. 20,19389
              Pi      urgh, PA 15251—5115

                                                                                                              &écfm, L>/ y
              A       ition:          Troy Tanner, International Bureau L      gnatm .Def?“'f, <6 fi@“{’)',"Ea
                                      Joanna Lowry, International Bureau

                           Re:        Request of NewSouth Communicatior            LLC and NewSouth Communications
                                      Corp. for Special Temporary Authorit

              D       Secretary Salas:

                      NewSouth Communications, LLC ("NSC") an, ewSouth Communications Corp. ("NCC")
              (t ther "the Parties") by their undersigned c isel, pursuant to Section 214 of the
              C munications Act of 1934, as amended, and Sect . 63.04 of Commission‘s Rules, 47 C.F.R.
              §( 04, hereby request special temporary authonty (" A") to permit the provision ofinternational
              se ces by NCC pending the Commission‘s grant of:           underlying assignment application which
              se ; the pro forma assignment of NSC‘s Sectio 214 authorizations to provide "global"
              in national facilities—based and resale telecommunic ons services to NCC.‘ The Parties are both
              su__ diaries ofNewSouth Holdings, Inc. ("Holdings"). . :s part ofan internal corporate restructuring,
              NSC intends to transfer and consolidate its international operations into NCC. As described below,
              this assignment involves no change in the management team and ultimate ownership or control of
              the authorization, and therefore is pro forma.

                           A grant of the reliefrequested herein will enable the Parties to provide international services


                     i      The Parties originally filed this STA request with the Commission on September, 29,
              1998, and Joanna Lowry ofthe International Bureau subsequently gave oral approval ofNCC‘s STA
              request. However, the Commission‘s Staff at Mellon Bank inadvertently returned the STA request
              to us. Therefore, pursuant to the Parties‘ discussions with Claudette Pride, Chief of the Fee Section
              at the FCC, NCC respectfully requests that the Commission hold the oral approval of NCC‘s STA
              request with an effective date of October 1, 1998, until Mellon Bank forwards the appropriate
              paperwork to the International Bureau. Ms. Pride will be personally forwarding NCC‘s STA request
              and assignment application to Mellon Bank.


Magalie Roman Salas, Secretary
October 7, 1998
Page 2

more effectively and efficiently. The officers and directors ofparent corporation (Holdings) will not
change, nor will there be a change in the management, operations, or quality of service provided to
customers. Thus, the Parties, through NCC, will continue to provide high quality, affordable
services. The transaction will simply result in the pro forma assignment of NSC‘s Section 214
authorization to provide international facilities—based and resale telecommunications services to
NCC. As such, the transaction will not cause inconvenience or confusion to NSC‘s customers.
Indeed, the transaction will be virtually transparent to NSC‘s customersin terms of the services that
they receive.

        Approval of the proforma assignment of NSC‘s Section 214 authority to NCC will permit
the Parties to realize significant economic and marketing efficiencies which will enhanceits ability
to continue providing high quality, low cost telecommunications services and to compete more
effectivelyin the international telecommunications marketplace. The Parties seek the requested STA
because exigent business circumstances require the parties to consummate the proposed merger
transaction by October 1, 1998.

        The Parties strongly believe that the merger of NSC with and into NCC will significantly
improve the Parties‘ ongoing ability to provide suchservices and meet the expanding needs of its
customers. Accordingly, for both immediate and long—range compelling business reasons, the
Parties respectfully request an STA to allow NCC to provide international telecommunications
service until the Commission grant stamps the underlying proforma assignment application.

        The Parties acknowledge that a grant of this request will not prejudice action by the
Commission on its assignment application and that any authority granted pursuant to this request is
subject to cancellation or modification upon notice, but without a hearing.

        As required by the Commission‘s rules, a filing fee in the amount of $780.00 and an Anti—
Drug Abuse Certification for NSC and NCC are included with this STA request. Please direct any
inquiries regarding this filing to Kevin Minsky at (202) 945—6920.                        >

                                              Respectfully submitted,


                                             o. fae     10A

                                              Dana Frix

                                              Counsel for NewSouth Communications, LLC and
                                              NewSouth Communications Corp.
Enclosures

ce:      Kevin Hendricks
         Kevin Minsky


—S&e—28—98   16:19    From—SWIDLER SHEREFF FRIEDMAN             2024247545                T—982   P.02/03   F—552




                                      CERTIFICATION OF APPLICANT


             On behalf of NewS th Communications Corp. ("NCC"), and in accordance with Sec o1
      1.2001—1.2003 ofthe Co   ssion‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify thatnapart /
      to this request is subject td a denial of Federal benefits that includes FCC benefits purstiart to>
      Section 5301 of the Anti—    g Abuse Act of 1988. See 21 U.S.C. § 853a. 1 also hereby certify thet
      the statements in the foreg ing request for Special Temporary Authority are true, comple‘e, and
      correct to the best of my    wledge and are made in good faith.

               NCC has not agree to any concessions directly or indirectly from any foreign car ie or
      administration with respe       to traffic and revenue flow between the United States and v n us
      international points under e authority granted under Section 214 of the Communications . ic of
      1934, as amended., and the ommission‘s Rules, and has not agreed to enter into such agree nc its
      in the future.



                                                      NewSouth Communications Coip.


                                                      By:
                                                                         — fL_—
                                                                   ww e ons           .
                                                      Name:        _ ¥Qmva            Wa d(veol 6
                                                      Title:       _ Vi6s            CQQL\ )         1
                                                      Date:        C         q_! 9@( c\&(_ 1
                                                                                     CA


Sew~28—98   16:20       From—SWIDLER SHEREFF FRIEDMAN                   2024247645             T=882   P.03/03       F—552
                                       |
                                           CERTIFICATION OF APPLICANT


                 On behalf of NewSbButh Communications, LLC ("NSC""), and in accordance with Section
      1.2001—1.2003 ofthe Co               ssion‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that no pary
     to this request is subject td a denial of Federal benefits that includes FCC benefir: pursuint :o
     Section 5301 ofthe Anti—Dfug Abuse Act of 1988. See 21 U.S.C. § 853a. 1 also hereby certifty that
     the statements in the foreghbing request for Special Temporary Authonity are true, completc, and
     cortect to the best of my         kajowledge and are made in good faith.


                 NSC has not agreell       to any concessions directly or indirectly from any foreign c im cc
     administration with respedft          to traffic and revenue flow between the United States and va jou ;
     international points under            fhe authority granted under Section 214 of the Communicator ; A :t c‘
      1934, as amended, and th Commission‘s Rules, and                  : not agiced to uater into such ag :er onl ;
     in the future.



                                                            NewSouth Communicati nsJLLC


                                                            By:               K/\ H_/_ C
                                                            Name:             Couu. lL           CU\\“         4
                                                            Title:            V ce Hresielid _
                                                            Date:              41221
                                                                                f    12                 wure   mas




      232921.1



Document Created: 2019-04-15 17:58:46
Document Modified: 2019-04-15 17:58:46

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