Public Notice TEL00845S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2004-10-22

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IBFS_PN_401846

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-00845S Friday October 22, 2004 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); CABLE LANDING LICENSE APPLICATIONS (47 C.F.R. § 1.767) REQUESTS TO AUTHORIZE SWITCHED SERVICES OVER PRIVATE LINES (47 C.F.R. § 63.16); SECTION 310(B)(4) 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 (1) for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees, or (2) under Section 63.16 of the rules, to add a foreign market to the list of markets for which carriers may provide switched services over private lines. 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. 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 4

ITC-214-20041007-00401 E Genesis Prepaid Connection Inc International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20041015-00405 E New Voice Telecom, LLC 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 rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20041018-00406 E QWORX TELECOM, 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 rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20041019-00409 E Finger Lakes Communications Group Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-ASG-20040818-00410 P Network US, Inc. (d/b/a CA Affinity) Assignment Current Licensee: Motion Telecom, Inc. FROM: Motion Telecom, Inc. TO: Network US, Inc. (d/b/a CA Affinity) Application for consent to assign the international section 214 authorization held by Motion Telecom, Inc., File No. ITC-214-20040401-00129, to Network US, Inc. d/b/a CA Affinity. Grant of the requested authority will permit consummation of a transaction whereby NUS will purchase substantially all of the telecommunications assets of Motion, including but not limited to Motion's customer accounts. ITC-ASG-20040930-00384 E S-One Communications, Inc. Assignment Current Licensee: Gillette Global Network, Inc. FROM: Gillette Global Network, Inc. TO: S-One Communications, Inc. Application for consent to assign, from Gillette Global Network, Inc. d/b/a/ Eureka Networks ("Eureka") to S-ONE Communications, Inc. ("S-ONE"), certain telecommunications assets that comprise Eureka's international private line data and voice circuit business, including certain commercial customer accounts associated with those assets. Eureka will retain its international section 214 authorization, File No. ITC-214-199501226-00060 (formerly, ITC-96-029). Grant of the captioned application shall constitute Commission authorization of the proposed assignment. Unless otherwise specified in the grant, S-ONE will be authorized to provide the same services on the same routes as permitted under Eureka's section 214 authorization cited above, and S-ONE may provide such service to any customers it may obtain in the ordinary course of business. ITC-ASG-20041001-00385 E Cellco Partnership ( d/b/a Verizon Wireless ) Assignment Current Licensee: El Dorado Cellular DBA Mountain Cellular FROM: El Dorado Cellular DBA Mountain Cellular TO: Cellco Partnership Application for authority to assign the international section 214 authorization, ITC-214-20040826-00343, held by El Dorado Cellular d/b/a Mountain Cellular (El Dorado) from El Dorado to Cellco Partnership d/b/a Verizon Wireless. Page 2 of 4

ITC-T/C-20040820-00408 P Network Telephone Corporation Transfer of Control Current Licensee: Network Telephone Corporation FROM: NT Corporation TO: NT Corporation Application for consent to transfer control of international section 214 authorization, File No. ITC-214-19981228-00911, held by Network Telephone Corporation, a wholly-owned subsidiary of NT Corporation ("NT"), from the shareholders of NT's common stock to the shareholders of its preferred stock. ITC-T/C-20041001-00387 E Florida Digital Network, Inc. Transfer of Control Current Licensee: Florida Digital Network, Inc. FROM: Florida Digital Network, Inc. TO: ITC^DeltaCom, Inc. Application for consent to transfer control of the international section 214 authorizations held by Florida Digital Network, Inc. ("FDN"), File Nos. ITC-87-094, ITC-214-19980605-00387 (formerly, ITC-98-443), and ITC-ASG-20030127-00036, from its current shareholders to ITC DeltaCom, Inc. An operating subsidiary of FDN, Southern Digital Network, Inc., also provides international telecommunications services, under FDN's section 214 authorizations. Pursuant to a September 8, 2004, agreement and plan of merger ("Merger Agreement") between ITCD and FDN, ITCD has agreed to acquire all of the outstanding shares of FDN capital stock in exchange for newly-issued shares of ITCD common stock. As a result of this transaction, FDN will become a wholly-owned direct subsidiary of ITCD. Currently, Welsh, Carson, Anderson & Stowe VIII, L.P., WCAS Capital Partners III, L.P., and WCAS Information Partners, L.P. (collectively, "Welsh Carson") together hold over 50 percent of the voting power represented by the outstanding shares of ITCD's common and preferred stock. Consummation of the Merger Agreement will have the effect of diluting Welsh Carson's ownership interest in ITCD, causing it to decline to below 50 percent. ITCD therefore has also filed applications seeking authority for the transfer of control of section 214 authorizations held by ITCD's three operating subsidiaries from Welsh Carson to a wide range of ITCD shareholders. See File Nos. ITC-T/C-20041001-00388, ITC-T/C-20041001-00389, and ITC-T/C-20041001-00390. After the transaction, no ITCD shareholder, either individually or together with related shareholders, will hold a 50 percent or greater voting ownership interest in, or have de facto control over, ITCD. ITC-T/C-20041001-00388 E ITC^DeltaCom Communications, Inc., dba ITC^DeltaCom Transfer of Control Current Licensee: ITC^DeltaCom Communications, Inc., dba ITC^DeltaCom FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. TO: ITC^DeltaCom, Inc. Application for consent to transfer control of the international section 214 authorization held by ITC DeltaCom Communications, Inc., File No. ITC-94-385, from the current controlling shareholders of its 100 percent indirect parent company, ITC DeltaCom, Inc. ("ITCD"), to ITCD's new shareholders. See also File Nos. ITC-T/C-20020810-00469, ITC-T/C-20020813-00471, and ITC-T/C-20030708-00336. Currently, Welsh, Carson, Anderson & Stowe VIII, L.P., WCAS Capital Partners III, L.P., and WCAS Information Partners, L.P. (collectively, "Welsh Carson") together hold over 50 percent of the voting power represented by the outstanding shares of ITCD's common and preferred stock. Pursuant to a September 8, 2004, agreement and plan of merger between ITCD and Florida Digital Network, Inc. ("FDN"), ITCD has agreed to acquire all of the outstanding shares of FDN capital stock in exchange for newly-issued shares of ITCD common stock. See File No. ITC-T/C-20041001-00387. This transaction will have the effect of diluting Welsh Carson's ownership interest in ITCD, causing it to decline to below 50 percent. After the transaction, no ITCD shareholder, either individually or together with related shareholders, will hold a 50 percent or greater voting ownership interest in, or have de facto control over, ITCD. Page 3 of 4

ITC-T/C-20041001-00389 E Business Telecom, Inc. Transfer of Control Current Licensee: Business Telecom, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. TO: ITC^DeltaCom, Inc. Application for consent to transfer control of the international section 214 authorizations held by Business Telecom, Inc., File Nos. ITC-88-120 (international resale) and ITC-95-404 (facilities-based service to various overseas points) from the current controlling shareholders of its 100 percent indirect parent company, ITC DeltaCom, Inc. ("ITCD"), to ITCD's new shareholders. Currently, Welsh, Carson, Anderson & Stowe VIII, L.P., WCAS Capital Partners III, L.P., and WCAS Information Partners, L.P. (collectively, "Welsh Carson") together hold over 50 percent of the voting power represented by the outstanding shares of ITCD's common and preferred stock. Pursuant to a September 8, 2004, agreement and plan of merger between ITCD and Florida Digital Network, Inc. ("FDN"), ITCD has agreed to acquire all of the outstanding shares of FDN capital stock in exchange for newly-issued shares of ITCD common stock. See File No. ITC-T/C-20041001-00387. This transaction will have the effect of diluting Welsh Carson's ownership interest in ITCD, causing it to decline to below 50 percent. After the transaction, no ITCD shareholder, either individually or together with related shareholders, will hold a 50 percent or greater voting ownership interest in, or have de facto control over, ITCD. ITC-T/C-20041001-00390 E Interstate Fibernet, Inc. Transfer of Control Current Licensee: Interstate Fibernet, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. TO: ITC^DeltaCom, Inc. Application for consent to transfer control of the international section 214 authorization held by Interstate Fibernet, Inc., File No. ITC-93-279 (international switched resale) from the current controlling shareholders of its 100 percent direct parent company, ITC DeltaCom, Inc. ("ITCD"), to ITCD's new shareholders. See also File No. ITC-ASG-19970915-00552, ITC-T/C-20020810-00468, ITC-T/C-20020917-00470, and ITC-T/C-20030710-00342 . Currently, Welsh, Carson, Anderson & Stowe VIII, L.P., WCAS Capital Partners III, L.P., and WCAS Information Partners, L.P. (collectively, "Welsh Carson") together hold over 50 percent of the voting power represented by the outstanding shares of ITCD's common and preferred stock. Pursuant to a September 8, 2004, agreement and plan of merger between ITCD and Florida Digital Network, Inc. ("FDN"), ITCD has agreed to acquire all of the outstanding shares of FDN capital stock in exchange for newly-issued shares of ITCD common stock. See File No. ITC-T/C-20041001-00387. This transaction will have the effect of diluting Welsh Carson's ownership interest in ITCD, causing it to decline to below 50 percent. After the transaction, no ITCD shareholder, either individually or together with related shareholders, will hold a 50 percent or greater voting ownership interest in, or have de facto control over, ITCD. INFORMATIVE ITC-214-20040917-00368 Power Telecomm, Inc. This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules. ITC-214-20040919-00369 TELE ONE CORP. This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules. ITC-214-20040929-00379 Allcom Communication, Inc. This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) of the Commission's rules. ITC-214-20040929-00380 Universal Voice Group, Inc. This application has been removed from streamlined processing pursuant to Section 63.12(c)(4) 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/td/pf/telecomrules.html. Page 4 of 4


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