Public Notice TEL01367S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2009-06-19

FCC.report > IB > Public Notices > TEL01367S

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IBFS_PN_717014

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-01367S Friday June 19, 2009 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 5

ITC-214-20090507-00206 E TelCentris Communications, 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 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-214-20090529-00261 E Broadvox-CLEC, 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 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-214-20090601-00263 E Journey 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 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-214-20090602-00269 E Haycon International, Inc. 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-214-20090605-00272 E Quikvoip, 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 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-214-20090608-00275 E Cuba Connect 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 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-214-20090609-00273 E Cyber Mesa Computer Systems Incorporated 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-214-20090609-00276 E ZEN Prepaid, LLC 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-214-20090610-00282 E Quickdial, Inc 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-214-20090611-00279 E Varmol 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 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). Page 2 of 5

ITC-214-20090611-00280 E Espinal Technologies Group USA, 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-214-20090617-00290 E Affordable Long Distance LLC 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-214-20090617-00291 E Tiscali USA Inc. 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-ASG-20090508-00209 E Birch Communications, Inc. Assignment Current Licensee: Cleartel Communications, Inc. FROM: Cleartel Communications, Inc TO: Birch Communications, Inc. Application filed for consent to the partial assignment of assets, including the customer bases, currently held by Cleartel Communications, Inc. (CCI) to Birch Communications, Inc. (BCI). Pursuant to the terms of an assets purchase agreement executed on April 29, 2009, BCI will acquire the assets and customers of CCI in the following states: Arkansas, Massachusetts, New Jersey, New York, and Pennsylvania. BCI will provide service to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970926-00584. CCI will continue to provide service to its remaining customers pursuant to its international section 214 authorization, ITC-214-19990729-00457. The following two individuals, both U.S. citizens, hold a 10 percent or greater ownership interest in BCI: Holcombe Green (66%); R. Kirby Godsey (32%). ITC-ASG-20090605-00271 E Birch Telecom, Inc. Assignment Current Licensee: Cleartel Communications, Inc. FROM: Cleartel Communications, Inc TO: Birch Telecom, Inc. Application filed for consent to the partial assignment of assets, including the customer bases, currently held by Cleartel Communications, Inc. (CCI) to Birch Telecom, Inc. (BTI). Pursuant to the terms of an assets purchase agreement executed on April 29, 2009, BTI will acquire the assets and customers of CCI in the following states: Alabama, California, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin. The following wholly-owned subsidiaries of BTI will provide service to the newly acquired customers under authority of the existing international section 214 authorization held by BTI, ITC-214-19990701-00441, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Birch Telecom of the Great Lakes, Inc. d/b/a Birch Communications; Birch Telecom of Missouri, Inc. d/b/a Birch Communications; Birch Telecom of Oklahoma, Inc. d/b/a Birch Communications; Birch Telecom of the South, Inc. d/b/a Birch Communications of the Southwest; Birch Telecom of Texas Ltd., LLP d/b/a Birch Communications; and, Birch Telecom of the West, Inc. d/b/a Birch Communications. CCI will continue to provide service to its remaining customers pursuant to its international section 214 authorization, ITC-214-19990729-00457. BTI is a wholly-owned subsidiary of Birch Communications, Inc. (BCI). The following two individuals, both U.S. citizens, hold a 10 percent or greater ownership interest in BCI: Holcombe Green (66%); R. Kirby Godsey (32%). Page 3 of 5

ITC-T/C-20090605-00270 E Local Fiber L.L.C. Transfer of Control Current Licensee: Local Fiber L.L.C. FROM: FiberNet Telecom Group, Inc. TO: Zayo Group, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-19970327-00177 (Old File No. ITC-97-200), held by Local Fiber, LLC (Local Fiber), from its 100 percent indirect parent FiberNet Telecom Group, Inc. (FiberNet) to Zayo Group, LLC (Zayo). Pursuant to the terms of an agreement and plan of merger dated May 28, 2009, Zayo will create a new subsidiary Zayo Merger Sub, Inc. that will merge with and into FiberNet, with FiberNet surviving the merger transaction. FiberNet will become a direct subsidiary of Zayo, and Local Fiber will become an indirect subsidiary of Zayo. Zayo is a direct, wholly-owned subsidiary of Zayo Group Holdings, Inc., which is a direct, wholly-owned subsidiary of Communications Infrastructure Investments, LLC (CII). The following entities and individuals, all U.S. citizens, will hold 10% or greater direct or indirect equity or voting interests in CII: Oak Investment Partners XII, LP (21.2%), and its general partner, Oak Associates XII, LLC and the four named executive managing members of Oak Associates; M/C Venture Partners, VI, L.P. (18.8%), its general partner, M/C VP VI, L.P. (which has, as its general partner, M/C Venture Partners, LLC (M/C VP)) and the five named managing members of M/C VP; Columbia Capital Equity Partners IV (QP), L.P. (Columbia Capital IV) (17.1%) and its general partner, Columbia Capital IV, LLC (19.4%, through Columbia Capital IV and investments in other named investors with less than 10% ownership), and the three named managing members of Columbia Capital IV; Charlesbank Equity Fund VI, Limited Partnership (Charlesbank EF VI) (12.2%), and its general partner Charlesbank Equity Fund VI GP, Limited Partnership (Charlesbank VI GP) (14.3%, through Charlesbank EF VI and investments in other named investors with less than 10% ownership), and its general partner, Charlesbank Capital Partners, LLC and the nine named managing directors of Charlesbank Capital Partners, LLC. No other entity or individual holds 10% or greater direct or indirect equity or voting interest in Zayo or CII. ITC-T/C-20090609-00274 E Computer Pro Inc. DBA CP Telecom Transfer of Control Current Licensee: Computer Pro Inc. DBA CP Telecom FROM: Computer Pro Inc. DBA CP Telecom TO: Hickory Tech Corporation Application for consent to the transfer of control of international section 214 authorization, ITC-214-20090515-00225, held by Computer Pro Inc. d/b/a CP Telecom (CP Telecom), from current shareholders to Hickory Tech Corporation (Hickory Tech). Pursuant to the terms of a stock purchase agreement executed on May 4, 2009 between the existing shareholders of CP Telecom and Hickory Tech, Hickory Tech will purchase all of the issued and outstanding capital stock of CP Telecom, and Hickory Tech will become the direct 100 percent parent company of CP Telecom. Hickory Tech is a publicly traded company in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. ITC-T/C-20090612-00284 E Grande Communications Networks, Inc. Transfer of Control Current Licensee: Grand Communications Networks, Inc. FROM: Grande Communications Holdings, Inc. TO: ABRY Partners VI, L.P. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20001108-00651, held by Grande Communications Networks, Inc.(Grande Networks), from its direct 100 percent parent Grande Communications Holdings, Inc. (Grande Holdings), to ABRY Partners VI, L.P. (ABRY VI). Pursuant to the terms of a stock purchase agreement, ABRY VI will first form two new entities Newco I LLC (Newco I) and Newco II LLC (Newco II), and then through a series of transactions, Newco II will acquire 100% of the outstanding stock of Grande Networks, and Newco I will acquire 100% of the outstanding membership interests of Newco II. ABRY VI will acquire approximately 75% of the membership interests of Newco I, and thus will have a 75% indirect ownership interest in Grande Networks. Grande Holdings will acquire approximately 25% of the membership interests of Newco I, and thus will have a 25% indirect ownership interest in Grande Networks. ABRY VI will be the new ultimate majority owner of Grande Networks, and will have both de jure and de facto control of Grande Networks. ARBY VI is a limited partnership in which the limited partners have no vote and no individual or entity holds a 10 percent or greater direct or indirect equity interest. ABRY VI Capital Partners, L.P. (ABRY GP) is the sole general partner of ARBY VI. Management of ABRY GP is vested in its sole general partner ABRY VI Capital Investors, LLC (ABRY VI Capital Investors). The sole owner of ABRY VI Capital Investors is Royce Yudoff. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Grande Networks. INFORMATIVE ITC-214-20090527-00249 Verson Studio This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. Page 4 of 5

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 5 of 5


Document Created: 2009-06-18 16:41:48
Document Modified: 2009-06-18 16:41:48
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