Public Notice TEL01028S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2006-05-19

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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-01028S Friday May 19, 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 3

ITC-214-20060508-00267 E Quarks Technology Corporation 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-T/C-20060410-00227 E Conversent Communications Long Distance, LLC Transfer of Control Current Licensee: Conversent Communications Long Distance, LLC FROM: Conversent Communications, Inc. TO: Choice One Communications Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19990210-00081, held by Conversent Communications Long Distance, LLC ("CCLD") from Conversent Communications, Inc. ("CCI") to Choice One Communications, Inc. ("Choice One"). CCLD is a wholly-owned subsidiary of CCI. Choice One will be the surviving entity of a proposed merger between Choice One and CTC Communications Group, Inc. ("CTC Group") (see ITC-T/C-20060222-00100, ITC-T/C-20060222-00101, ITC-T/C-20060222-00102, ITC-T/C-20060222-00103, ITC-T/C-20060222-00105, ITC-T/C-20060222-00106). On March 24, 2006, Choice One, CTC Group and CCI entered into an Agreement and Plan of Merger ("Merger Agreement") with Choice One Acquisition Inc ("Acquisition Sub"), a wholly-owned subsidiary of Choice One, and Franch Communications. Pursuant to the Merger Agreement, Acquisition Sub will merge with and into CCI with CCI being the surviving entity. CCI will thus become a wholly-owned subsidiary of Choice One. In addition, Choice One will engage in an offering of additional equity. As a result of the merger and equity offering, CVC Broadband Columbia Ventures Broadband LLC ("CVC Broadband"), the direct parent of CTC Group, will have an at least 50% ownership interest in , and control of, Choice One. Depending on the outcome of the equity offering CVC Broadband may acquire up to 70% ownership interest in Choice One; Quantum Partners LDC ("Quantum"), a Cayman Islands limited duration corporation, may hold a 10%, but not more than approximately 12%, interest; Varde Investment Partners, L.P. may hold a 10%, but not more than 13%, interest; and, Camulos Master Fund LP, a Cayman Islands exempted limited partnership, may hold a 10%, but not more than approximately 12%, interest. CVC Broadband is a wholly-owned subsidiary of Columbia Ventures Corporation, which is wholly-owned by Kenneth D. Peterson, a U.S. citizen. ITC-T/C-20060410-00228 E Mountaineer Telecommunications, LLC Transfer of Control Current Licensee: Mountaineer Telecommunications, LLC FROM: Conversent Communications, Inc. TO: Choice One Communications Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-20000403-00192, held by Mountaineer Telecommunications, LLC ("Mountaineer") from Conversent Communications, Inc. ("CCI") to Choice One Communications, Inc. ("Choice One"). Mountaineer is a wholly-owned subsidiary of CCI. Choice One will be the surviving entity of a proposed merger between Choice One and CTC Communications Group, Inc. ("CTC Group") (see ITC-T/C-20060222-00100, ITC-T/C-20060222-00101, ITC-T/C-20060222-00102, ITC-T/C-20060222-00103, ITC-T/C-20060222-00105, ITC-T/C-20060222-00106). On March 24, 2006, Choice One, CTC Group and CCI entered into an Agreement and Plan of Merger ("Merger Agreement") with Choice One Acquisition Inc ("Acquisition Sub"), a wholly-owned subsidiary of Choice One, and Franch Communications. Pursuant to the Merger Agreement, Acquisition Sub will merge with and into CCI with CCI being the surviving entity. CCI will thus become a wholly-owned subsidiary of Choice One. In addition, Choice One will engage in an offering of additional equity. As a result of the merger and equity offering, CVC Broadband Columbia Ventures Broadband LLC ("CVC Broadband"), the direct parent of CTC Group, will have an at least 50% ownership interest in , and control of, Choice One. Depending on the outcome of the equity offering CVC Broadband may acquire up to 70% ownership interest in Choice One; Quantum Partners LDC ("Quantum"), a Cayman Islands limited duration corporation, may hold a 10%, but not more than approximately 12%, interest; Varde Investment Partners, L.P. may hold a 10%, but not more than 13%, interest; and, Camulos Master Fund LP, a Cayman Islands exempted limited partnership, may hold a 10%, but not more than approximately 12%, interest. CVC Broadband is a wholly-owned subsidiary of Columbia Ventures Corporation, which is wholly-owned by Kenneth D. Peterson, a U.S. citizen. Page 2 of 3

ITC-T/C-20060410-00229 E Conversent Communications,LLC Transfer of Control Current Licensee: Conversent Communications, LLC FROM: Conversent Communications, Inc. TO: Choice One Communications Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19960530-00217, held by Conversent Communications, LLC ("CCLLC") from Conversent Communications, Inc. ("CCI") to Choice One Communications, Inc. ("Choice One"). CCLLC is a wholly-owned subsidiary of CCI. Choice One will be the surviving entity of a proposed merger between Choice One and CTC Communications Group, Inc. ("CTC Group") (see ITC-T/C-20060222-00100, ITC-T/C-20060222-00101, ITC-T/C-20060222-00102, ITC-T/C-20060222-00103, ITC-T/C-20060222-00105, ITC-T/C-20060222-00106). On March 24, 2006, Choice One, CTC Group and CCI entered into an Agreement and Plan of Merger ("Merger Agreement") with Choice One Acquisition Inc ("Acquisition Sub"), a wholly-owned subsidiary of Choice One, and Franch Communications. Pursuant to the Merger Agreement, Acquisition Sub will merge with and into CCI with CCI being the surviving entity. CCI will thus become a wholly-owned subsidiary of Choice One. In addition, Choice One will engage in an offering of additional equity. As a result of the merger and equity offering, CVC Broadband Columbia Ventures Broadband LLC ("CVC Broadband"), the direct parent of CTC Group, will have an at least 50% ownership interest in , and control of, Choice One. Depending on the outcome of the equity offering CVC Broadband may acquire up to 70% ownership interest in Choice One; Quantum Partners LDC ("Quantum"), a Cayman Islands limited duration corporation, may hold a 10%, but not more than approximately 12%, interest; Varde Investment Partners, L.P. may hold a 10%, but not more than 13%, interest; and, Camulos Master Fund LP, a Cayman Islands exempted limited partnership, may hold a 10%, but not more than approximately 12%, interest. CVC Broadband is a wholly-owned subsidiary of Columbia Ventures Corporation, which is wholly-owned by Kenneth D. Peterson, a U.S. citizen. ITC-T/C-20060503-00263 E Sierra USA Communications, Inc. Transfer of Control Current Licensee: Sierra USA Communications, Inc. FROM: Telereunion International, S.A. de C.C. TO: Maxcom Telecomunicaciones, S.A. de C.V. Application for consent to transfer control of international section 214 authorization, ITC-214-20040909-00361, held by Sierra USA Communications, Inc. ("Sierra") from Telereunion International, S.A. de C.C. ("Telereunion") to Maxcom Telecomunicaciones, S.A. de C.V. ("Maxcom"). Sierra is a wholly-owned subsidiary of Telereunion, a Mexican company, which is owned by two Mexican citizens, Mr. Eduardo Vazquez Arroyo Carstens ("EVAC") and Mr. Gabriel Agustin Vazquez Arroyo Carstens ("GAVAC"). Pursuant to a letter agreement dated March 3, 2006, EVAC and GAVAC will sell their ownership interests in Sierra USA and Telereunion's other operating subsidiaries in Mexico to Maxcom, a Mexican company, and Sierra will become a wholly-owned, direct subsidiary of Maxcom. Maxcom is 69.27% majority owned and controlled by Bank of America Corporation ("Bank of America") through Nexus Maxcom Holdings I, LLC ("NMHI"), BASFC Maxcom Holdings I, LLC, and BAS Capital Funding Corporation. EVAC and GAVAC will jointly receive 16.34% of Maxcom's equity, without either obtaining a greater than 10% interest in Maxcom. INFORMATIVE ITC-214-20060420-00251 Red Bay Communications, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20060425-00256 Hilpees Agapy Corp 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


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Document Modified: 2019-04-06 20:38:45
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