Public Notice TEL01039S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2006-06-16

FCC.report > IB > Public Notices > TEL01039S

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IBFS_PN_506029

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-01039S Friday June 16, 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-214-20060602-00300 E BTI America 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-214-20060608-00306 E ARAB AMERICAN 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-214-20060608-00308 E Atlantech Online, 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-214-20060608-00309 E The Pager Company d/b/a The Pager & Phone Company 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-20060518-00282 E Mpower Communications Corp. Transfer of Control Current Licensee: Mpower Communications Corp. FROM: Mpower Holding Corporation TO: U.S. TelePacific Holdings Corp. Application filed for consent to transfer control of international section 214 authorization, ITC-214-19970731-00440, held by Mpower Communications Corp. ("Mpower") from Mpower Holding Corporation ("MPHC") to U.S. TelePacific Holdings Corp. ("TelePacific"). Pursuant to an Agreement dated May 5, 2006, entered into between TelePacific and MPHC, TelePacific would acquire 100 percent of the stock of MPHC. MPHC would immediately merge with and into Mpower, with Mpower surviving as the direct wholly-owned subsidiary of TelePacific. The following entities own or control a 10 percent or greater interest in TelePacific: Investcorp S.A. (45%), a Luxembourg entity that holds its interest in TelePacific through its control of various entities organized in the Cayman Islands; and Clarity Partners, L.P. together with other affiliated U.S. investing entities ("Clarity Partners") (19%). The interests held by Investcorp S.A. and Clarity Partners are expected to decrease and increase to approximately 44% and 23%, respectively, upon closing. Clarity Partners is controlled by a U.S. general partnership, Clarity GenPar LLC ("Clarity GenPar"), whose managing members are all U.S. citizens. Investcorp S.A. is wholly owned by Investcorp Holdings Limited, a Cayman Islands company. Investcorp Holdings Limited is owned by Investcorp Bank B.S.C. ("Investcorp Bank"), organized in Bahrain (100% equity and 20% voting interests), and CP Holdings Limited, a Cayman Islands entity (80% voting interest). Investcorp Bank is owned in majority part by two Cayman Islands entities, Ownership Holdings Limited (46%) and CP Holdings Limited (28%). Ownership Holdings Limited is owned in majority part by SIPCO Limited, a Cayman Islands company (62%). CP Holdings Limited is owned by Ownership Holdings (67%) and Investors Holdings Limited, a Cayman Islands entity (33%). Page 2 of 3

ITC-T/C-20060605-00301 E NOS Communications, Inc. Transfer of Control Current Licensee: NOS Communications, Inc. FROM: Robert A. Lichtenstein TO: Samuel P Delug Application filed for consent to transfer control of international section 214 authorization, ITC-214-19930427-00068, held by NOS Communications, Inc. ("NOS") from its largest (50%) shareholder, Robert A. Lichtenstein, to Samuel P. Delug. Mr. Delug currently holds a 25 percent ownership interest in NOS. Pursuant to a June 1, 2006, Purchase Agreement, Mr. Delug would acquire Mr. Lichtenstein's 50 percent ownership interest in NOS. Ms. Rosette Delug would continue to hold the remaining 25 percent ownership interest in NOS. Mr. Delug and Ms. Delug are both U.S. citizens. ITC-T/C-20060605-00302 E Affinity Network, Inc. Transfer of Control Current Licensee: Affinity Network, Inc. FROM: Robert A. Lichtenstein TO: Samuel P Delug Application filed for consent to transfer control of international section 214 authorization, ITC-214-19900613-00008, held by Affinity Network, Inc. ("Affinity") from its largest (50%) shareholder, Robert A. Lichtenstein, to Samuel P. Delug. Mr. Delug currently holds a 25 percent ownership interest in Affinity. Pursuant to a June 1, 2006, Purchase Agreement, Mr. Delug would acquire Mr. Lichtenstein's 50 percent ownership interest in Affinity. Ms. Rosette Delug would continue to hold the remaining 25 percent ownership interest in Affinity. Mr. Delug and Ms. Delug are both U.S. citizens. ITC-T/C-20060605-00303 E NOSVA Limited Partnership Transfer of Control Current Licensee: NOSVA Limited Partnership FROM: Robert A. Lichtenstein TO: Samuel P Delug Application filed for consent to transfer control of international section 214 authorization, ITC-214-19930427-00069, held by NOSVA Limited Partnership ("NOSVA") from Robert A. Lichtenstein to Samuel P. Delug. NOSVA is a limited partnership whose general partner is NOS Virginia, a holding company owned by Mr. Lichtenstein (50%), Mr. Delug (25%), and Rosette Delug (25%). Mr. Lichtenstein, Mr. Delug, and Ms. Delug are also limited partners of NOSVA. Mr. Lichtenstein holds a 49.5% limited partnership interest, and Mr. Delug and Ms. Delug each holds a 24.75 % limited partnership interest. Pursuant to a June 1, 2006, Purchase Agreement, Mr. Delug would acquire Mr. Lichtenstein's 50% ownership interest in NOS Virginia and his 49.5% limited partnership interest in NOSVA. Thus, upon closing, Mr. Delug would hold a controlling 75 percent ownership interest in NOSVA's general partner, NOS Virginia, and a 74.25% limited partnership interest in NOSVA. Ms. Rosette Delug would hold the remaining ownership interests in NOS Virginia and NOSVA. Mr. Delug and Ms. Delug are both U.S. citizens. 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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