Public Notice TEL01388S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2009-10-09

FCC.report > IB > Public Notices > TEL01388S

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IBFS_PN_743327

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-01388S Friday October 9, 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 4

ITC-214-20090828-00399 E NAS POINT 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-214-20090908-00411 E Dial World Communications, 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-214-20090924-00426 E Econnect Networks, 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-214-20090925-00427 E Alianza Global Communications Services 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-214-20090929-00424 E Estel Communications, 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-214-20090929-00428 E Computer Telephony Innovations, 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-214-20090930-00435 E IK Communications 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-214-20091002-00436 E Data @ccess Communication, 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-214-20091007-00437 E Avantel Communications, 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). Page 2 of 4

ITC-T/C-20090826-00396 E DeltaCom, Inc. Transfer of Control Current Licensee: DeltaCom, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. et al TO: ITC^DeltaCom, Inc. Application for consent to the transfer of de jure control of international section 214 authorization, ITC-214-19940705-00204 (Old File No. ITC-94-385), held by DeltaCom, Inc. (DeltaCom), from Welsh, Carson, Anderson & Stowe VIII, L.P. et al. (WCAS Group) to ITC^DeltaCom, Inc. (ITCD). DeltaCom is an indirect, wholly-owned subsidiary of ITCD. The WCAS Group currently holds a majority voting interest in ITCD (approximately 50.4%). In November 2009, shares issued to certain ITCD employees are scheduled to vest under ITCD stock incentive plans which will decrease the WCAS Group's voting interest in ITCD to approximately 49.8%. The WCAS Group is comprised of the following entities, which are not commonly owned, but ultimately are managed and controlled by the same group of individuals: (a) Welsh, Carson, Anderson & Stowe VIII, L.P. and its general partner, WCAS VIII Associates, L.L.C., and (b) WCAS Capitals Partners III, L.P. and its sole general partner, WCAS CP III Associates L.L.C. The WCAS Group will have an approximately 49.8% voting interest in ITCD. Tennenbaum Capital Partners LLC will have an approximately 15.5% voting interest in ITCD through its power to vote and dispose of the common stock of ITCD held by (a) Special Value Absolute Return Fund, LLC, (b) Special Value Continuation Partners, LP, and (c) Tennenbaum Opportunities Partners V, L.P. No other entity or individual will hold a 10 percent or greater direct or indirect voting or equity interest in ITCD. ITC-T/C-20090826-00397 E Business Telecom, Inc. Transfer of Control Current Licensee: Business Telecom, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. et al TO: ITC^DeltaCom, Inc. Application for consent to the transfer of de jure control of international section 214 authorizations, ITC-214-19950630-00042 (Old File No. ITC-95-404), ITC-214-19950515-00043 (Old File No. ITC-95-402), and ITC-214-19880422-00005 (Old File No. ITC-88-120), held by Business Telecom, Inc. (BTI), from Welsh, Carson, Anderson & Stowe VIII, L.P. et al. (WCAS Group) to ITC^DeltaCom, Inc. (ITCD). BTI is a wholly-owned subsidiary of ITCD. The WCAS Group currently holds a majority voting interest in ITCD (approximately 50.4%). In November 2009, shares issued to certain ITCD employees are scheduled to vest under ITCD stock incentive plans which will decrease the WCAS Group's voting interest in ITCD to approximately 49.8%. The WCAS Group is comprised of the following entities, which are not commonly owned, but ultimately are managed and controlled by the same group of individuals: (a) Welsh, Carson, Anderson & Stowe VIII, L.P. and its general partner, WCAS VIII Associates, L.L.C., and (b) WCAS Capitals Partners III, L.P. and its sole general partner, WCAS CP III Associates L.L.C. The WCAS Group will have an approximately 49.8% voting interest in ITCD. Tennenbaum Capital Partners LLC will have an approximately 15.5% voting interest in ITCD through its power to vote and dispose of the common stock of ITCD held by (a) Special Value Absolute Return Fund, LLC, (b) Special Value Continuation Partners, LP, and (c) Tennenbaum Opportunities Partners V, L.P. No other entity or individual will hold a 10 percent or greater direct or indirect voting or equity interest in ITCD. ITC-T/C-20090826-00398 E Interstate FiberNet, Inc. Transfer of Control Current Licensee: Interstate FiberNet, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. et al TO: ITC^DeltaCom, Inc. Application for consent to the transfer of de jure control of international section 214 authorizations, ITC-214-19930727-00132 (Old File No. ITC-93-279), held by Interstate FiberNet, Inc. (FNI), from Welsh, Carson, Anderson & Stowe VIII, L.P. et al. (WCAS Group) to ITC^DeltaCom, Inc. (ITCD). FNI is a wholly-owned subsidiary of ITCD. The WCAS Group currently holds a majority voting interest in ITCD (approximately 50.4%). In November 2009, shares issued to certain ITCD employees are scheduled to vest under ITCD stock incentive plans which will decrease the WCAS Group's voting interest in ITCD to approximately 49.8%. The WCAS Group is comprised of the following entities, which are not commonly owned, but ultimately are managed and controlled by the same group of individuals: (a) Welsh, Carson, Anderson & Stowe VIII, L.P. and its general partner, WCAS VIII Associates, L.L.C., and (b) WCAS Capitals Partners III, L.P. and its sole general partner, WCAS CP III Associates L.L.C. The WCAS Group will have an approximately 49.8% voting interest in ITCD. Tennenbaum Capital Partners LLC will have an approximately 15.5% voting interest in ITCD through its power to vote and dispose of the common stock of ITCD held by (a) Special Value Absolute Return Fund, LLC, (b) Special Value Continuation Partners, LP, and (c) Tennenbaum Opportunities Partners V, L.P. No other entity or individual will hold a 10 percent or greater direct or indirect voting or equity interest in ITCD. Page 3 of 4

ITC-T/C-20090922-00419 E Lexcom Long Distance LLC Transfer of Control Current Licensee: Lexcom Long Distance, LLC FROM: Lexcom, Inc. TO: Windstream Corporation Application for consent to the transfer of control of international section 214 authorization, ITC-214-19930302-00003, held by Lexcom Long Distance LLC (Lexcom LD) from its parent, Lexcom, Inc. (Lexcom), to Windstream Corporation (Windstream). Pursuant to the terms of a Share Exchange Agreement, executed between Lexcom and Windstream on September 8, 2009, Windstream will acquire all of the shares of Lexcom. Lexcom will become a direct subsidiary, and Lexcom LD will become an indirect subsidiary, of Windstream. Windstream is a publicly traded corporation in which no individual or entity holds a direct or indirect 10 percent or greater equity or voting interest. 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 4 of 4


Document Created: 2009-10-08 16:22:00
Document Modified: 2009-10-08 16:22:00
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