Public Notice TEL01005S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2006-03-10

FCC.report > IB > Public Notices > TEL01005S

13 Filings Included [expand]

IBFS_PN_487460

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-01005S Friday March 10, 2006 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); 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 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. 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 4

ITC-214-20060224-00117 E Starlight International, Inc. d/b/a/ Bright Star Telecom 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-214-20060227-00118 E ILCOM 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-214-20060303-00132 E TTS Telecom Technology Solutions , 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-214-20060307-00136 E Amcomm Communication 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-ASG-20060221-00111 E Birch Telecom of Missouri, Inc. Assignment Current Licensee: Birch Telecom of Missouri, Inc., Debtor-in-Possession FROM: Birch Telecom of Missouri, Inc., Debtor-in-Possession TO: Birch Telecom of Missouri, Inc. Application for consent to assign international section 214 authorization, ITC-214-19990701-00441, held by Birch Telecom of Missouri, Inc. Debtor-in-Possession, to Birch Telecom of Missouri, Inc. Birch Telecom Inc., and all of its subsidiaries, including Birch Telecom of Missouri, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Birch Telecom of Missouri, Inc. Debtor-in-Possession, will no longer be in debtor-in-possession status. ITC-ASG-20060221-00112 E Birch Telecom of Oklahoma, Inc. Assignment Current Licensee: Birch Telecom of Oklahoma, Inc., Debtor-in-Possession FROM: Birch Telecom of Oklahoma, Inc., Debtor-in-Possession TO: Birch Telecom of Oklahoma, Inc. Application for consent to assign international section 214 authorization, ITC-214-20010418-00248, held by Birch Telecom of Oklahoma, Inc. Debtor-in-Possession, to Birch Telecom of Oklahoma, Inc. Birch Telecom Inc., and all of its subsidiaries, including Birch Telecom of Oklahoma, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Birch Telecom of Oklahoma, Inc. Debtor-in-Possession, will no longer be in debtor-in-possession status. Page 2 of 4

ITC-ASG-20060221-00113 E Ionex Communications, Inc. Assignment Current Licensee: Ionex Communications, Inc., Debtor-in-Possession FROM: Ionex Communications, Inc. Debtor-in-Possession TO: Ionex Communications, Inc. Application for consent to assign international section 214 authorization, ITC-214-19980312-00187, held by Ionex Communications, Inc. Debtor-in-Possession, to Ionex Communications, Inc. Birch Telecom Inc., and all of its subsidiaries, including Ionex Communications, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Ionex Communications, Inc. Debtor-in-Possession, will no longer be in debtor-in-possession status. ITC-ASG-20060221-00114 E Ionex Communications North, Inc. Assignment Current Licensee: Ionex Communications North, Inc., Debtor-in-Possession FROM: Ionex Communications North, Inc. Debtor-in-Possession TO: Ionex Communications North, Inc. Application for consent to assign international section 214 authorization, ITC-214-19980211-00098, held by Ionex Communications North, Inc. Debtor-in-Possession, to Ionex Communications North, Inc. Birch Telecom Inc., and all of its subsidiaries, including Ionex Communications North, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Ionex Communications North, Inc. Debtor-in-Possession, will no longer be in debtor-in-possession status. ITC-ASG-20060221-00115 E Ionex Communications South, Inc. Assignment Current Licensee: Ionex Communications South, Inc., Debtor-in-Possession FROM: Ionex Communications South, Inc. Debtor-in-Possession TO: Ionex Communications South, Inc. Application for consent to assign international section 214 authorization, ITC-214-19980317-00192, held by Ionex Communications South, Inc. Debtor-in-Possession, to Ionex Communications South, Inc. Birch Telecom Inc., and all of its subsidiaries, including Ionex Communications South, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Ionex Communications South, Inc. Debtor-in-Possession, will no longer be in debtor-in-possession status. Page 3 of 4

ITC-ASG-20060221-00116 E Telecom Resources, Inc. Assignment Current Licensee: Telecom Resources, Inc., Debtor-in-Possession FROM: Telecom Resources, Inc. Debtor-in-Possession TO: Telecom Resources, Inc. Application for consent to assign international section 214 authorization, ITC-214-19980330-00209, held by Telecom Resources, Inc. Debtor-in-Possession, to Telecom Resources, Inc. Birch Telecom Inc., and all of its subsidiaries, including Telecom Resources, Inc., filed voluntary petitions for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code in the bankruptcy court for the District of Delaware on August 12, 2005. In re Birch Telecom, Inc., Chap. 11, Case No. 05-12237 (Bankr. Del.). Pursuant to the Third Amended Joint Reorganization Plan filed with the bankruptcy court all of Birch Telecom Debtor-in-Possession's (Birch DIP) outstanding indebtedness will be extinguished and certain of Birch DIP's creditors will receive equity in the reorganized Birch Telecom Inc. (New Birch). While no single shareholder will control New Birch, the following entities will have 10% or greater ownership interest: UBS Willow Fund LLC, U.S. limited liability company, will hold 29.4% interest; Strategic Value Master Fund Ltd., Cayman Islands limited company, will hold 26.2% interest; and Banc of America Strategic Solutions, Inc., U.S. corporation, will hold 10.3% interest. Once Birch DIP emerges from bankruptcy all of its subsidiaries, including Telecom Resources, Inc. Debtor-in-Possession, will no longer be in debtors-in-possession status. ITC-T/C-20060201-00083 E Oregon Telecom, Inc. Transfer of Control Current Licensee: Oregon Telecom, Inc. FROM: Oregon Telecom, Inc. TO: Eschelon Telecom, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-20051103-00449, held by Oregon Telecom, Inc. ("OTI"), from the shareholders of OTI to Eschelon Telecom, Inc. ("ETI"). ETI is the direct parent corporation of Eschelon Operating Company ("OPCO"), which, in turn, wholly owns a newly created subsidiary, Eschelon Acquisition Corp. ("EAC"). Under the contemplated agreement and plan of merger, EAC will merge with and into OTI. OTI will continue as the surviving corporation of the merger as a wholly-owned subsidiary of OPCO, with ETI remaining as the ultimate parent company. ITC-T/C-20060302-00133 E Elsie Communications, Inc. Transfer of Control Current Licensee: Elsie Communications, Inc. FROM: SKT Ventures, Inc. TO: Newcastle Holdings, Inc. Application for consent to transfer control of international section 214 application, ITC-214-20000317-00144, held by Elsie Communications, Inc. ("Elsie Communications") from its parent company SKT Ventures, Inc. ("SKT Ventures") to Newcastle Holdings, Inc. ("Newcastle"). Elsie Communications is wholly-owned by SKT Ventures. Pursuant to proposed stock purchase agreement dated December 16, 2005, Newcastle Holdings will purchase from SKT Ventures, all of the outstanding shares of common stock of Elsie Communications. Elsie will continue to provide service to its customers as a wholly-owned subsidiary of Newcastle. Newcastle is a wholly-owned subsidiary of American Broadband Acquisition Corp. IV, that is, in its turn, owned 49% by American Broadband Communications, LLC ("American Broadband Communications"), and 40% by Signal Equity Partners II, LP ("Signal Equity Partners"). American Broadband Communications is owned jointly by William H. Tucker and Patrick L. Eudy, with each holding 48.75 % ownership interest. INFORMATIVE ITC-214-20060213-00093 Budget Telecomm. 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/pd/pf/telecomrules.html. Page 4 of 4


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