Public Notice TEL01440S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2010-07-09

FCC.report > IB > Public Notices > TEL01440S

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IBFS_PN_828308

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-01440S Friday July 9, 2010 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-214-20100624-00265 E Barry 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). ITC-214-20100625-00266 E Voip Xchange 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-214-20100707-00271 E Global Call Line 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-T/C-20100610-00231 E DIECA Communications, Inc. Transfer of Control Current Licensee: DIECA Communications, Inc. FROM: Platinum Equity, LLC TO: Platinum Equity, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20021126-00558, held by DIECA Communications, Inc. (DIECA). DIECA is an indirect wholly-owned subsidiary of CCGI Holding Corporation (CCGI). Platinum Equity, LLC (Platinum) currently has sole control of the Board of Directors of CCGI. Pursuant to the terms of an Agreement and Plan of Merger dated March 26, 2010, whereby Megapath Inc. will merge into CCGI, Platinum will relinquish sole control of the Board of Directors of CCGI. Upon closing, Platinum will control three (3) of the seven (7) seats on the Board. The current shareholders of MegaPath, will control two (2) of the seats. The parties contemplate that the allocation of the two (2) remaining seats will be made in a manner such that the seats are not controlled by Platinum or MegaPath shareholders. Upon consummation, DIECA will continue to be a wholly-owned subsidiary of CCGI. The following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or DIECA. ITC-T/C-20100610-00232 E Covad Communications Company Transfer of Control Current Licensee: Covad Communications Company FROM: Platinum Equity, LLC TO: Platinum Equity, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20021118-00544, held by Covad Communications Company (CCC). CCC is an indirect wholly-owned subsidiary of CCGI Holding Corporation (CCGI). Platinum Equity, LLC (Platinum) currently has sole control of the Board of Directors of CCGI. Pursuant to the terms of an Agreement and Plan of Merger dated March 26, 2010, whereby Megapath Inc. will merge into CCGI, Platinum will relinquish sole control of the Board of Directors of CCGI. Upon closing, Platinum will control three (3) of the seven (7) seats on the Board. The current shareholders of MegaPath, will control two (2) of the seats. The parties contemplate that the allocation of the two (2) remaining seats will be made in a manner such that the seats are not controlled by Platinum or MegaPath shareholders. Upon consummation, CCC will continue to be a wholly-owned subsidiary of CCGI. The following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or CCC. Page 2 of 3

ITC-T/C-20100610-00233 E DSLnet Communications, LLC Transfer of Control Current Licensee: DSLnet Communications, LLC FROM: Megapath Inc. TO: CCGI Holding Corporation Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19990716-00434 and ITC-214-20001204-00708, held by DSLnet Communications, LLC (DSLnet), from its 100 percent parent MegaPath Inc. (MegaPath) to CCGI Holding Corporation (CCGI). Pursuant to the terms of an Agreement and Plan of Merger, dated March 26, 2010, TMAC Merger Corporation, a subsidiary of CCGI created specifically to effectuate this transaction, will merge with and into MegaPath, with MegaPath being the surviving entity and a wholly-owned direct subsidiary of CCGI. DSLnet will thus become a wholly-owned indirect subsidiary of CCGI. Upon consummation, the following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or DSLnet. INFORMATIVE ITC-214-20100518-00200 Zynoh Communications, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100607-00223 Homeland Phone 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 3 of 3


Document Created: 2010-07-08 16:37:05
Document Modified: 2010-07-08 16:37:05
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