Public Notice TEL01694S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2014-10-10

FCC.report > IB > Public Notices > TEL01694S

13 Filings Included [expand]

IBFS_PN_1064597

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01694S Friday October 10, 2014 Streamlined International Applications Accepted For Filing Section 214 Applications (47 C.F.R. § 63.18); Section 310(b) Requests Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b) of the Communications Act, 47 U.S.C. § 310(b), to exceed the foreign ownership limits applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 3

ITC-214-20140918-00265 E Telekomunikasi Indonesia International (USA) Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20141001-00272 E ITalkYou Com L.L.C. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20141001-00275 E Damaka, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for Authority to Provide International Resold Services to All Authorized International Points ITC-ASG-20141001-00274 E GC Pivotal, LLC Assignment Current Licensee: MegaPath Corporation FROM: MegaPath Group, Inc. TO: GC Pivotal, LLC Application filed for consent to the assignment of assets held by MegaPath Corporation (MegaPath) to GC Pivotal, LLC d/b/a Global Capacity (Global Capacity). Pursuant to the terms of a Membership Interest Purchase Agreement, dated September 5, 2014, Global Capacity will acquire certain network assets and data broadband non-telephone service customers of MegaPath served by those assets, but not Megapath's section 214 authorizations. Upon closing, Global Capacity will provide service to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20110201-00049. MegaPath will continue to hold its existing international section 214 authorization, ITC-214-20021126-00558. Global Capacity is wholly owned by Pivotal Global Capacity, LLC, which in turn is wholly owned by FFN Investments, LLC (FFN Investments), both are Arizona limited liability companies. The following entities and or individuals, all U.S. citizens, hold 10 percent or greater ownership interests in FFN Investments: (1) Najafi 2006 Irrevocable Trust (trustee Richard Garner; beneficiaries are Mr. Najafi's children, each of whom is not as yet entitled to receive any distributions from the trust) (60%); (2) Pivotal Capital Corporation (10% ownership interest in FFN Investments); (3) F. Francis Najafi Family Trust (trustee and beneficiary F. Francis Najafi) 40% indirect ownership interest in Global Capacity from 30% direct ownership interest in FFN Investments and 10% indirect ownership interest in FFN Investments through Pivotal Capital Corporation). Pivotal Capital Corporation is wholly owned by the F. Francis Najafi Family Trust. No other individuals or entities will have a 10 percent or greater direct or indirect equity or voting interest in FFN or Global Capacity. ITC-T/C-20140812-00240 E Expereo USA, Inc. Transfer of Control Current Licensee: Expereo USA, Inc. FROM: Expereo Holding B.V. TO: CETP III Expereo S.ar.l Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20100729-00309, held by Expereo USA Inc. (Expereo USA), from its 100% parent, Expereo Holding, B.V. (Expereo Holding), to CETP III Expereo S.a.r.l. (CETP III). Expereo Acquisition Holdings B.V. (Expereo Acquisition), a subsidiary of CETP III, will acquire all of the stock of Expereo Holding, which will give CETP III indirect control of Expereo USA. Upon closing, CETP III will hold a 66.9% equity and voting interest in Expereo Acquisition, with the remaining 33.1% interest being held by the current owners of Expereo Holding through Brumbear B.V. (Brumbear). Upon closing, Expereo USA will remain a wholly-owned subsidiary of Expereo Holding, which in turn will be a wholly-owned subsidiary Expereo Acquisition, both Netherlands entities. CEPT III, a Luxembourg entity, will hold a 66.9% controlling interest in Expereo Acquisition. Brumbear, a Netherlands entity, will hold a 33.1% interest in Expereo Acqusition. The owners of Brumbear are as follows: Mulders Ventures B.V. (Mulders Ventures), a Netherlands entity (31.9%) (wholly owned by Alphonsus Maria Mulders, a citizen of The Netherlands); Brunink Ventures B.V., a Netherlands entity (31.9%) (wholly owned by Walter Johannes Antonius Brunink, a Netherlands citizen); Rana Holding B.V., a Netherlands entity (21.2%) (wholly owned by Rajen Maganlal Raithatha, a United Kingdom citizen); Citywall BV, a Netherlands entity (10.6%) (wholly owned by Jan Adriaan van Berne, a Netherlands citizen). CETP III is wholly owned by CETP III Participations S.a.r.l. (Participations), a Luxembourg entity. Carlyle Europe Technology Partners III, L. P. (CETP III, L.P.) an England entity, has an approximately 83.5% interest in Participations, with CETP III Co-Investment, L.P. (CETP III Co-Invest), a Canadian entity, holding the remaining interests. CETP III Managing GP, L.P., a Scotland entity, is the managing partner of both CETP III, L.P. and CET III Co-Invest. Carlyle Group Management L.L.C. and TCG Carlyle Global Partners L.L.C. have ultimate control of CEPT III, L.P., CEPT III Co-Invest and CETP III Managing GP, L.P. Carlyle Group Management L.L.C. and TCG Carlyle Global Partners L.L.C. are both owned and controlled by William E. Conway, Jr., Daniel A. D'Aniello, and David M. Rubenstein, all U.S. citizens. No other individuals or entities will hold a ten percent or greater direct or indirect interest in Expereo USA. Page 2 of 3

ITC-T/C-20140917-00270 E Hudson Fiber Network, Inc. Transfer of Control Current Licensee: Hudson Fiber Network, Inc. FROM: Brett Diamond TO: Hudson Fiber Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110412-00099, held by Hudson Fiber Network, Inc. (Hudson Fiber), from its current stockholders - Brett Diamond (45%), Keith Muller (45%), and Ande Hornig (10%) - to Hudson Fiber Holdings, Inc. (Holdings). Pursuant to a Stock Purchase Agreement executed on September 15, 2014, Holdings will acquire 100% of the ownership interests of Hudson Fiber as follows: (i) Holdings will acquire 60% of the outstanding shares of Hudson Fiber for cash, (ii) current stockholders of Hudson Fiber will exchange the remaining 40% of the outstanding shares of Hudson Fiber for common stock in Holdings, and (iii) Hudson Fiber will issue a dividend to its existing stockholders upon closing. Upon closing Hudson Fiber will be 100% owned by Holdings. Holdings itself will be owned by Tiger Infrastructure Partners Fund LP (Tiger), a Delaware limited partnership (60%), Brett Diamond (18%), Keith Muller (18%), and Ande Hornig (4%), all U.S. citizens. The control of Tiger is held by its sole general partner, Tiger Infrastructure Associates GP LP (TigerGP), a Delaware limited partnership. Emil Henry IV LLC (TigerLLC), a Delaware limited liability company serves as the sole general partner of TigerGP. The managing member and 100% owner of TigerLLC is Emil W. Henry, Jr., a U.S. citizen. The following entities are limited partners of Tiger that exercise no control, but by virtue of their ownership interests in Tiger will hold a greater than 10 percent indirect interest in Hudson Fiber: CAT Holding LLC (CAT Holding), a Delaware limited liability company (61.73% LP interest) and Kiewit Infrastructure Co. (Kiewit Infrastructure), a Delaware corporation (17.64% LP interest). CAT Holding is 99% owned by the Trust u/a/d December 24, 1985 f/b/o the Issue of Dirk Ziff, a Florida trust with no person involved with the trust holding more than a 10 percent indirect interest in Hudson Fiber after consummation of the transaction. Kiewit Infrastructure is 100% owned by Kiewit Infrastructure Group, Inc., that in turn is 100% owned by Kiewit Corporation, both Delaware corporations. Kiewit Corporation is wholly owned by Peter Kiewit Sons', Inc., a Delaware corporation, in which no owner holds a 10 percent or greater ownership interest. ITC-T/C-20141001-00273 E Blue Rooster Telecom, Inc. Transfer of Control Current Licensee: Blue Rooster Telecom, Inc. FROM: Blue Rooster Telecom, Inc. TO: Norcast CommunicationsCorporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20100317-00112, held by Blue Rooster Telecom, Inc. (Blue Rooster), to Norcast Communications Corporation (Norcast). Norcast will acquire all of the issued and outstanding stock of Blue Rooster. Upon closing, Blue Rooster will be a wholly-owned subsidiary of Norcast. Upon consummation, Norcast will be owned by the following entities and individuals, all U.S. citizens: (1) Michael Gayaldo (equity 45%, voting stock interest 50.05%); (2) The Jacqueline Louise Johnston Living Trust (revocable) (equity 18%, voting stock 17%) (trustees: Jacqueline Louise Johnston who is the sole vested beneficiary of the trust, and Maria Louise Johnston); (3) Jeffrey C. Buckingham Family Trust (revocable) (equity 12%, voting stock 14%) (trustees: Jeffrey C Bockingham and Joan Buckingham are the sole beneficiaries and hold undivided interests in the entire trust); (4) Russ and Cheryl Lovell Family Trust (revocable) (equity 12%, voting stock 14%) (trustees: Russ Lovell and Cheryl Lovell are the sole beneficiaries and hold undivided interests in the entire trust). No other individuals or entities will have a 10 percent or greater direct or indirect equity or voting interest in Norcast or Blue Rooster. INFORMATIVE ITC-214-20140826-00257 Dharm, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20140828-00254 Tismi Wireless, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20140828-00258 ALCALLER, INC. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-ASG-20140829-00264 Last Mile USA., LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-T/C-20140820-00242 Hibernia Atlantic U.S. LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-T/C-20140820-00244 Hibernia Media LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 3 of 3


Document Created: 2014-10-09 16:15:33
Document Modified: 2014-10-09 16:15:33
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC