Public Notice TEL01382S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2009-08-28

FCC.report > IB > Public Notices > TEL01382S

19 Filings Included [expand]

IBFS_PN_735577

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01382S Friday August 28, 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-214-20090812-00372 E Toro Telecom 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-214-20090814-00380 E Amperertech, 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-214-20090816-00378 E UPTECH USA 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-214-20090817-00382 E Meriplex Communications, Ltd. 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-214-20090817-00383 E Lattice Incorporated 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-214-20090817-00385 E Intraco Traders, 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-214-20090817-00386 E Three River Telco 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-214-20090818-00384 E Siro Wireless 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-214-20090825-00391 E Telxworld, 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-214-20090825-00392 E Vocatech 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-214-20090825-00394 E M5 Networks, 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-ASG-20090803-00362 E Iowa Telecommunications Services, Inc. Assignment Current Licensee: WH Link, LLC FROM: WH Link, LLC TO: Iowa Telecommunications Services, Inc. Application for consent to the assignment of assets, including international section 214 authorization, ITC-214-20010501-00266, held by WH Link, LLC d/b/a WH Communications (WH Link), to Iowa Telecommunications Services, Inc. (Iowa Telecom), a widely-held publicly traded Iowa corporation. Pursuant to the terms of an underlying Asset Purchase Agreement between Iowa Telecom, its subsidiaries, WH Link and Wright-Hennepin Cooperative Electric Association, the parent of WH Link, Iowa Telecom will acquire substantially all of the outstanding assets of WH Link, including the international section 214 authorization. Upon closing, Lakedale Link, Inc., a wholly-owned indirect subsidiary of Iowa Telecom, will provide services to the newly acquired customers pursuant to its own existing international section 214 authorization, ITC-214-19960725-00339. Iowa Telecom is a widely-held publicly traded corporation in which no individual or entity holds 10 percent or greater direct or indirect equity or voting interest. ITC-ASG-20090813-00381 E Telesphere Networks Ltd. Assignment Current Licensee: Unity Business Networks LLC FROM: Unity Business Networks LLC TO: Telesphere Networks Ltd. Application for consent to the assignment of international section 214 authorization, ITC-214-20090226-00105, held by Unity Business Networks LLC (Unity BN) to Telesphere Networks Ltd. (Telesphere). Pursuant to the terms of an underlying asset purchase agreement, executed on July 23, 2009, Telesphere will acquire substantially all of the assets of Unity BN's VoIP services business, including its international section 214 authorization. The following entities and individuals will hold 10 percent or greater direct or indirect ownership interests in Telesphere: Rally Capital holds 62.3% of the capital stock of Telesphere. Rally Capital is wholly owned by Teledesic LLC, that is in turn 99% owned by Teledesic Corporation, which thus indirectly owns approx. 61.7% of Telesphere's capital stock. Mente LLC owns or controls 88% of Teledesic Corporation's capital stock, and indirectly approx. 54.3% of Telesphere's capital stock. William H. Gates holds sole membership interest in Mente LL and thus indirectly 54.3% of Telesphere's capital stock. John Chapple owns indirectly 11.5% of Telesphere's shares through two intervening limited liability companies that he controls: Hawkeye Investments LLC (6.1% of Telesphere's shares), and Hawkeye Investments II, LLC (5.38% of Telesphere's capital stock). GC Investments LLC holds 20.3% of Telesphere's capital stock. No other individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in Telesphere. ITC-T/C-20090722-00343 E Eschelon Telecom, Inc. Transfer of Control Current Licensee: Eschelon Telecom, Inc. FROM: Integra Telecom, Inc. TO: Integra Telecom, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-19990729-00490, held by Eschelon Telecom, Inc. (Eschelon) from the current shareholders of Integra Telecom, Inc. (Integra Telecom), the ultimate parent of Eschelon, to new shareholders. Pursuant to the terms of a Plan Support Agreement, dated July 21, 2009, in connection with the debt and equity restructuring of Integra Telecom, all of the current shareholder interests in Integra Telecom will be cancelled and certain secured and unsecured lenders will receive all of its shareholder interests in exchange for canceling their debt. Corresponding changes will also be made in the board of directors of Integra Telecom. Upon closing, no single shareholder will be in control of Integra Telecom. The following three entities are expected to hold a 10 percent or greater equity and/or voting interest in Integra Telecom: (1) Goldman Sachs & Co. (Goldman) (approximately 36.41%); (2) Tennenbaum Capital Partners, LLC (Tennenbaum) (in the aggregate, approximately 21.86% across four Tennenbaum Funds); and (3) Farallon Capital Management, LLC (Farallon) (in the aggregate, approximately 12.89% across eleven Farallon Funds). The Goldman, Sachs & Co. LLC (GSC LLC) is the sole general partner of Goldman. The Goldman Sachs Group, Inc., a widely held publicly-traded Delaware corporation, holds 99.8% limited partnership interest in Goldman and is the sole member of GSC LLC. Tennenbaum is owned by: Tennenbaum & Co., LLC, a Delaware limited liability company that is managed by Michael E. Tennenbaum and wholly owned by Mr. Tennenbaum and his wife Suzanne Stockfisch Tennenbaum, both U.S. citizens (40%); Howard M. Levkowitz, U.S. citizen (15% managing member interest); Mark K. Holdsworth, U.S. citizen (15%) (15% managing member interest). Farallon is managed by 15 managing members, two of whom hold 10 percent or greater equity interests in Farallon: Thomas F. Steyer, U.S. citizen (41%); Andrew J.M. Spokes, U.K. citizen (25%). The remaining managing members are all U.S. citizens, except Gregory S. Swart, a New Zealand citizen, and Ashish H. Pant, an Indian citizen. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Integra Telecom or Eschelon. The following wholly-owned subsidiaries of Eschelon provide service under authority of its international section 214 authorization, ITC-214-19990729-00490, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Advanced TelCom, Inc.; Shared Communications Services, Inc.; Oregon Telecom, Inc.; Eschelon Telecom of Minnesota, Inc.; Eschelon Telecom of Washington, Inc.; Eschelon Telecom of Colorado, Inc.; Eschelon Telecom of Nevada, Inc.; Eschelon Telecom of Arizona, Inc.; Eschelon Telecom of Utah, Inc.; Eschelon Telecom of Oregon, Inc.; United Communications, Inc. d/b/a UNICOM; Mountain Telecommunications of Arizona, Inc.; and, OneEighty Communications, Inc. Page 3 of 5

ITC-T/C-20090722-00345 E Electric Lightwave, LLC Transfer of Control Current Licensee: Electric Lightwave, LLC FROM: Integra Telecom, Inc. TO: Integra Telecom, Inc. Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19940415-00137 (Old File No. ITC-94-277) and ITC-214-19980619-00425 (Old File No. ITC-98-472), held by Electric Lightwave, LLC (Electric Lightwave) from the current shareholders of Integra Telecom, Inc. (Integra Telecom), the ultimate parent of Electric Lightwave, to new shareholders. Pursuant to the terms of a Plan Support Agreement, dated July 21, 2009, in connection with the debt and equity restructuring of Integra Telecom, all of the current shareholder interests in Integra Telecom will be cancelled and certain secured and unsecured lenders will receive all of its shareholder interests in exchange for canceling their debt. Corresponding changes will also be made in the board of directors of Integra Telecom. Upon closing, no single shareholder will be in control of Integra Telecom. The following three entities are expected to hold a 10 percent or greater equity and/or voting interest in Integra Telecom: (1) Goldman Sachs & Co. (Goldman) (approximately 36.41%); (2) Tennenbaum Capital Partners, LLC (Tennenbaum) (in the aggregate, approximately 21.86% across four Tennenbaum Funds); and (3) Farallon Capital Management, LLC (Farallon) (in the aggregate, approximately 12.89% across eleven Farallon Funds). The Goldman, Sachs & Co. LLC (GSC LLC) is the sole general partner of Goldman. The Goldman Sachs Group, Inc., a widely held publicly-traded Delaware corporation, holds 99.8% limited partnership interest in Goldman and is the sole member of GSC LLC. Tennenbaum is owned by: Tennenbaum & Co., LLC, a Delaware limited liability company that is managed by Michael E. Tennenbaum and wholly owned by Mr. Tennenbaum and his wife Suzanne Stockfisch Tennenbaum, both U.S. citizens (40%); Howard M. Levkowitz, U.S. citizen (15% managing member interest); Mark K. Holdsworth, U.S. citizen (15%) (15% managing member interest). Farallon is managed by 15 managing members, two of whom hold 10 percent or greater equity interests in Farallon: Thomas F. Steyer, U.S. citizen (41%); Andrew J.M. Spokes, U.K. citizen (25%). The remaining managing members are all U.S. citizens, except Gregory S. Swart, a New Zealand citizen, and Ashish H. Pant, an Indian citizen. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Integra Telecom or Electric Lightwave. ITC-T/C-20090722-00346 E Integra Telecom Holdings, Inc. Transfer of Control Current Licensee: Integra Telecom Holdings, Inc. FROM: Integra Telecom, Inc. TO: Integra Telecom, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-19970820-00500 (Old File No. ITC-97-555), held by Integra Telecom Holdings, Inc. (Integra Holdings) from the current shareholders of Integra Telecom, Inc. (Integra Telecom), the parent of Integra Holdings, to new shareholders. Pursuant to the terms of a Plan Support Agreement, dated July 21, 2009, in connection with the debt and equity restructuring of Integra Telecom, all of the current shareholder interests in Integra Telecom will be cancelled and certain secured and unsecured lenders will receive all of its shareholder interests in exchange for canceling their debt. Corresponding changes will also be made in the board of directors of Integra Telecom. Upon closing, no single shareholder will be in control of Integra Telecom. The following three entities are expected to hold a 10 percent or greater equity and/or voting interest in Integra Telecom: (1) Goldman Sachs & Co. (Goldman) (approximately 36.41%); (2) Tennenbaum Capital Partners, LLC (Tennenbaum) (in the aggregate, approximately 21.86% across four Tennenbaum Funds); and (3) Farallon Capital Management, LLC (Farallon) (in the aggregate, approximately 12.89% across eleven Farallon Funds). The Goldman, Sachs & Co. LLC (GSC LLC) is the sole general partner of Goldman. The Goldman Sachs Group, Inc., a widely held publicly-traded Delaware corporation, holds 99.8% limited partnership interest in Goldman and is the sole member of GSC LLC. Tennenbaum is owned by: Tennenbaum & Co., LLC, a Delaware limited liability company that is managed by Michael E. Tennenbaum and wholly owned by Mr. Tennenbaum and his wife Suzanne Stockfisch Tennenbaum, both U.S. citizens (40%); Howard M. Levkowitz, U.S. citizen (15% managing member interest); Mark K. Holdsworth, U.S. citizen (15%) (15% managing member interest). Farallon is managed by 15 managing members, two of whom hold 10 percent or greater equity interests in Farallon: Thomas F. Steyer, U.S. citizen (41%); Andrew J.M. Spokes, U.K. citizen (25%). The remaining managing members are all U.S. citizens, except Gregory S. Swart, a New Zealand citizen, and Ashish H. Pant, an Indian citizen. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Integra Telecom or Integra Holdings. The following wholly-owned subsidiaries of Integra Holdings provide service under authority of its international section 214 authorization, ITC-214-19970820-00500, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Integra Telecom of Minnesota, Inc., Integra Telecom of Oregon, Inc., Integra Telecom of Washington, Inc., Integra Telecom of North Dakota, Inc., Integra Telecom of Utah, Inc., Integra Telecom of Idaho, Inc., and Scott-Rice Telephone Company. Page 4 of 5

ITC-T/C-20090813-00379 E Virgin Mobile USA, L.P. Transfer of Control Current Licensee: Virgin Mobile USA, L.P. FROM: Virgin Mobile USA, Inc. TO: Sprint Nextel Corporation Application for consent to the transfer of control of international section 214 authorization, ITC-214-20020422-00194, held by Virgin Mobile USA, L.P. (Virgin Mobile) from its 100% direct parent, Virgin Mobile USA, Inc. (Virgin Mobile USA) to Sprint Nextel Corporation (Sprint). Pursuant to the terms of an underlying definitive agreement executed on July 27, 2009, between Sprint and Virgin Mobile USA, Sprint will acquire all of the outstanding shares in Virgin Mobile USA that Sprint does not currently own. Upon closing, Virgin Mobile USA and Virgin Mobile will become direct and indirect wholly-owned subsidiaries of Sprint, respectively. No individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in Sprint. Sprint agrees to abide by the commitments made by Helio LLC, and to which Virgin Mobile USA L.P. became a party (see ITC-T/C-20080701-00293, DA 08-1905, rel. August 14, 2008), in a January 10, 2006 letter to the Department of Justice, Federal Bureau of Investigation and the Department of Homeland Security (January 10 2006 Letter). A copy of the January 10 2006 Letter is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20090813-00379 and accessing "Attachment Menu" from the Document Viewing area. ITC-T/C-20090820-00387 E HELIO LLC Transfer of Control Current Licensee: HELIO LLC FROM: Virgin Mobile USA, Inc. TO: Sprint Nextel Corporation Application for consent to the transfer of control of international section 214 authorization, ITC-214-20050812-00320, held by Helio LLC f/k/a SK-EarthLink, LLC (Helio), from its parent, Virgin Mobile USA, Inc. (Virgin Mobile USA) to Sprint Nextel Corporation (Sprint). Pursuant to the terms of an underlying definitive agreement executed on July 27, 2009, between Sprint and Virgin Mobile USA, Sprint will acquire all of the outstanding shares in Virgin Mobile USA that Sprint does not currently own. Upon closing, Virgin Mobile USA and Helio will become direct and indirect wholly-owned subsidiaries of Sprint, respectively. No individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in Sprint. Sprint agrees to abide by the commitments made by Helio LLC, and to which Virgin Mobile USA L.P. became a party (see ITC-T/C-20080701-00293, DA 08-1905, rel. August 14, 2008), in a January 10, 2006 letter to the Department of Justice, Federal Bureau of Investigation and the Department of Homeland Security (January 10 2006 Letter). A copy of the January 10 2006 Letter is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20090820-00387 and accessing "Attachment Menu" from the Document Viewing area. INFORMATIVE ITC-214-20090805-00365 DAE YANG USA, 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 5 of 5


Document Created: 2009-08-27 16:07:08
Document Modified: 2009-08-27 16:07:08
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