Public Notice TEL01310S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2008-09-19

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IBFS_PN_665424

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-01310S Friday September 19, 2008 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 2

ITC-214-20080905-00424 E Burke's Garden Telephone Co., 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 Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20080910-00421 E Mox Telecom AG 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 Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20080916-00425 E Hubbard Cooperative Telephone Association International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20080916-00430 E Business Automation Technologies, Inc. d/b/a Data Network Solutions International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-T/C-20080828-00410 E Lightyear Network Solutions, LLC Transfer of Control Current Licensee: Lightyear Network Solutions, LLC FROM: LY Holdings, LLC TO: Wherify Wireless, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-19930903-00004, held by Lightyear Network Solutions, LLC (Lightyear), from the current shareholders of its 100% direct parent, LY Holdings, LLC (Holdings) to Wherify Wireless, Inc. (Wherify). Pursuant to the terms of an August 12, 2008 Agreement and Plan of Merger, Wherify Acquisition Inc. (Merger Sub), a wholly-owned subsidiary of Wherify created to accomplish this transaction, will merge with and into Holdings, with Holdings emerging as the surviving entity from the transaction. After closing, Holdings will be a direct, wholly-owned subsidiary of Wherify, and Lightyear will be an indirect, wholly-owned subsidiary of Wherify. GPS Associates, LLC currently has a 43% ownership interest in Wherify, and Timothy Neher has a 10.5% ownership interest. LANJK, LLC, wholly owned by J. Sherman Henderson III, currently has a 50% ownership interest in Holdings; SullivanLY, LLC, wholly owned by Chris Sullivan, has a 29.87 percent ownership interest; and Rice-LY Ventures, LLC, wholly owned by W. Brent Rice, has a 10% ownership interest. Post-transaction, the current owners of Holdings will hold on a fully diluted basis approximately 51 percent combined interest in Wherify, and the authority to appoint five (5) of the seven (7) members of Wherify's Board of Directors. No other individual or entity is expected to hold a 10 percent or greater direct or indirect equity or voting interest in Wherify after the transaction. INFORMATIVE ITC-214-20080825-00396 Concord Telecom LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20080825-00404 Cyber Bell USA inc This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20080826-00399 Roadway Communications, Inc. 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 2 of 2


Document Created: 2008-09-18 17:31:25
Document Modified: 2008-09-18 17:31:25
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