Public Notice TEL01557S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2012-04-27

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IBFS_PN_949684

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-01557S Friday April 27, 2012 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-214-20120413-00097 E Monolex Telecom L.L.C 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-214-20120413-00098 E Wireless Maritime Services, 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-214-20120413-00099 E SKY UNLIMITED 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-214-20120413-00100 E Maxitel Corp. 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-214-20120416-00101 E DCB International 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-T/C-20120330-00087 E AboveNet International, Inc Transfer of Control Current Licensee: AboveNet International, Inc. FROM: AboveNet, Inc. TO: Zayo Group, LLC Application filed for consent to the transfer of control of international section authorization, ITC-214-19990923-00617, held by AboveNet International, Inc. (ABN-International), from its parent, AboveNet, Inc., to Zayo Group, LLC (Zayo). Pursuant to an Agreement and Plan of Merger dated as of March 18, 2012, Zayo will acquire all of the outstanding interests in AboveNet, Inc. for cash. Viola Sub, Inc, a wholly-owned direct subsidiary of Zayo, will merge into AboveNet, Inc. with AboveNet, Inc. being the surviving entity. AboveNet, Inc. will thus become a wholly-owned direct subsidiary of Zayo. ABN-International will remain a wholly-owned indirect subsidiary of AboveNet, Inc. and become a wholly-owned indirect subsidiary of Zayo. Zayo Group, LLC is a wholly-owned subsidiary of Zayo Group Holdings, Inc., which in turn is a wholly owned subsidiary of Communications Infrastructure Investments, LLC (CII). The following four partnerships each hold a greater than ten percent interest in CII: (1) Oak Investment Partners XII, Limited Partnership (16.85%) (General Partner: Oak Associates XII, LLC, executive managing members: Bandel L. Carano, Edward F. Glassmeyer, Ann H. Lamont, Fredric W. Harman); (2) M/C Venture Partners VI, L.P. (14.80%) (General Partner: M/C VP VI, L.P. (General Partner: M/C Venture Partners, LLC, managing members: James F. Wade, David D. Croll, Matthew Rubins, John Watkins, John Van Hooser)); (3) Columbia Capital Equity Partners IV (QP), LP (13.50%) (General Partner: Columbia Capital IV, LLC, managing members: James B. Fleming, Jr., R. Philip Herget, III, Harry F. Hopper III); and, (4) Charlesbank Equity Fund VI, Limited Partnership (12.54%) (General Partner: Charlesbank Equity Fund VI GP, Limited Partnership (General Partner: Charlesbank Capital Partners, LLC, managing members: Michael Eisenson, Tim Palmer, Kim Davis, Mark Rosen, Michael Choe, Brandon White, Jon Biotti, Andrew Janower, Michael Thonis)). No other person or entity has a ten percent or greater direct or indirect equity or voting interest in Zayo Group, LLC or AboveNet International, Inc. Page 2 of 3

ITC-T/C-20120405-00094 E AboveNet Communications, Inc. Transfer of Control Current Licensee: AboveNet Communications, Inc. FROM: AboveNet, Inc. TO: Zayo Group, LLC Application filed for consent to the transfer of control of international section authorization, ITC-214-19990218-00110, held by AboveNet Communications, Inc. (ABN-Comm), from its parent, AboveNet, Inc., to Zayo Group, LLC (Zayo). Pursuant to an Agreement and Plan of Merger dated as of March 18, 2012, Zayo will acquire all of the outstanding interests in AboveNet, Inc. for cash. Viola Sub, Inc, a wholly-owned direct subsidiary of Zayo, will merge into AboveNet, Inc. with AboveNet, Inc. being the surviving entity. AboveNet, Inc. will thus become a wholly-owned direct subsidiary of Zayo. ABN-Comm will remain a wholly-owned direct subsidiary of AboveNet, Inc. and become a wholly-owned indirect subsidiary of Zayo. Zayo Group, LLC is a wholly-owned subsidiary of Zayo Group Holdings, Inc., which in turn is a wholly owned subsidiary of Communications Infrastructure Investments, LLC (CII). The following four partnerships each hold a greater than ten percent interest in CII: (1) Oak Investment Partners XII, Limited Partnership (16.85%) (General Partner: Oak Associates XII, LLC, executive managing members: Bandel L. Carano, Edward F. Glassmeyer, Ann H. Lamont, Fredric W. Harman); (2) M/C Venture Partners VI, L.P. (14.80%) (General Partner: M/C VP VI, L.P. (General Partner: M/C Venture Partners, LLC, managing members: James F. Wade, David D. Croll, Matthew Rubins, John Watkins, John Van Hooser)); (3) Columbia Capital Equity Partners IV (QP), LP (13.50%) (General Partner: Columbia Capital IV, LLC, managing members: James B. Fleming, Jr., R. Philip Herget, III, Harry F. Hopper III); and, (4) Charlesbank Equity Fund VI, Limited Partnership (12.54%) (General Partner: Charlesbank Equity Fund VI GP, Limited Partnership (General Partner: Charlesbank Capital Partners, LLC, managing members: Michael Eisenson, Tim Palmer, Kim Davis, Mark Rosen, Michael Choe, Brandon White, Jon Biotti, Andrew Janower, Michael Thonis)). No other person or entity has a ten percent or greater direct or indirect equity or voting interest in Zayo Group, LLC or AboveNet Communications, Inc. ITC-T/C-20120409-00093 E XcomIP, LLC Transfer of Control Current Licensee: XcomIP, LLC FROM: XcomIP, LLC TO: XcomIP, LLC Application filed for consent to the transfer of control of international section authorization, ITC-214-20110406-00084, held by XcomIP, LLC from its current owner, Mr. Joseph Putegant to new owners. Mr. Putegant currently holds a 100% interest in XcomIP. He seeks to transfer his interest to three new owners. Yehuda Adams will hold a 45% interest in XcomIP. RLA-998 Capital Venture I, LLC, which is 100% owned and managed by Richard Anderson, will hold a 45% interest in XcomIP. Maryl Ravits will hold a 10% interest in XcomIP. INFORMATIVE ITC-214-20120228-00061 Bright Packet, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20120328-00085 Button Telecom, 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: 2012-04-26 16:17:07
Document Modified: 2012-04-26 16:17:07
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