Public Notice TEL01048S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2006-07-14

FCC.report > IB > Public Notices > TEL01048S

Filings Included

File NumberService
ITC-214-20060712-00346International Telecommunications
ITC-214-20060706-00348International Telecommunications
ITC-T/C-20060706-00336International Telecommunications
ITC-T/C-20060616-00317International Telecommunications
IBFS_PN_510313

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-01048S Friday July 14, 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-214-20060706-00348 E City of Thomasville 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-214-20060712-00346 E Campaign Marketing, 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-T/C-20060616-00317 E Capital Telecommunications, Inc. Transfer of Control Current Licensee: Capital Telecommunications, Inc. FROM: Capital Telecommunications, Inc. TO: StarVox Communications, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19920520-00115, held by Capital Telecommunications, Inc. (CTI) to StarVox Communications, Inc. (StarVox), a privately-held U.S. corporation. Pursuant to a Stock Purchase Agreement, StarVox will acquire 100 percent of the issued and outstanding capital stock of CTI. The following three individuals or entities hold 10 percent or greater direct equity and voting interests in StarVox: Douglas Zorn, U.S. citizen (12%); Novus Ventures II, L.P. (Novus Ventures), a U.S. limited partnership (20%); and Trinad Capital Master Fund Ltd. (Trinad Master Fund), a Hedge Fund Investment Group organized in the Cayman Islands (16%). Novus Ventures is controlled by its sole general partner, DT Associates II, LLC, a U.S. limited liability company, which, in turn, is controlled by Dan Tompkins, a U.S. citizen (67% voting and 33% equity interests). Trinad Master Fund is majority-owned and controlled (96%) by Trinad Capital LP, a U.S. limited partnership. The general partner of Trinad Capital LP is Trinad Advisors GP, LLC, a U.S. limited liability company. Trinad Management LLC, also a U.S. limited liability company, manages Trinad Capital LP and the Trinad Master Fund. Robert S. Ellin, a U.S. citizen, holds approximately 66.7 percent equity and voting interests in Trinad Advisors GP, LLC and in Trinad Management LLC. No other person or entity holds 10 percent or greater direct or indirect equity or voting interests in StarVox. ITC-T/C-20060706-00336 E Mountain Telecommunications, Inc. Transfer of Control Current Licensee: Mountain Telecommunications, Inc. FROM: Mountain Telecommunications, Inc. TO: Eschelon Telecom, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19980126-00036 (formerly ITC-98-085), held by Mountain Telecommunications, Inc. (MTI), a privately-held U.S. corporation, from its shareholders to Eschelon Telecom, Inc. (ETI) pursuant to a June 30, 2006 Agreement and Plan of Merger (Agreement). Under the terms of the Agreement, Mountain Acquisition Corp., a newly created wholly-owned subsidiary of Eschelon Operating Company (OPCO), would merge with and into MTI, with MTI as the surviving corporation. OPCO is wholly owned by ETI. Thus, upon consummation of the proposed transaction, MTI would be a direct, wholly-owned subsidiary of OPCO, which would continue to be wholly owned by ETI. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in ETI: Wind Point Partners IV, L.P. (Wind Point Partners) (20.5 percent) and Bain Capital Fund VI, L.P. (Bain Capital) (25.7 percent). No limited partner of Wind Point Partners or Bain Capital holds a 10 percent or greater indirect ownership interest in ETI. The general partner of Wind Point Partners is Wind Point Investors IV, L.P. (Wind Point Investors) and the general partner of Bain Capital is Bain Capital Partners VI, L.P. (Bain Partners). No limited partner of Wind Point Investors or Bain Partners holds a 10 percent or greater indirect ownership interest in ETI. The general partner of Wind Point Investors is Wind Point Advisors, LLC (Wind Point Advisors) and the general partner of Bain Partners is Bain Capital Investors, LLC (Bain Investors). There is no managing member of Wind Point Advisors or Bain Investors and none of their respective members holds a ten percent or greater indirect ownership interest in ETI. Page 2 of 3

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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