Public Notice TEL01580S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2012-09-28

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18 Filings Included [expand]

IBFS_PN_967602

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-01580S Friday September 28, 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 5

ITC-214-20120910-00222 E HARP 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-214-20120913-00228 E Netsync Network Solutions, 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-214-20120913-00229 E Asean Telecommunications, 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-214-20120913-00230 E Marcatel Telecommunications, 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-214-20120913-00232 E Consolidated Networks Corporation 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-214-20120925-00238 E Vox Me & Co 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-20120914-00226 E A.R.C. Networks, Inc. Transfer of Control Current Licensee: A.R.C. Networks, Inc. FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960116-00008 (Old File No. ITC-96-032), held by A.R.C. Networks, Inc. (ARC Networks), from its ultimate parent Broadview Networks Holdings, Inc. , Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including ARC Networks, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including ARC Networks. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including ARC Networks. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. Page 2 of 5

ITC-T/C-20120914-00233 E ATX Licensing, Inc. Transfer of Control Current Licensee: ATX Licensing, Inc. FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19920330-00034 (Old File No. ITC-92-135), held by ATX Licensing, Inc. (ATX ), from its ultimate parent Broadview Networks Holdings, Inc., Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including ATX, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including ATX. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including ATX. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. ITC-T/C-20120914-00234 E Bridgecom International Inc. Transfer of Control Current Licensee: Bridgecom International Inc. FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19971020-00645 (Old File No. ITC-97-640), held by BridgeCom International, Inc. (BridgeCom ), from its ultimate parent Broadview Networks Holdings, Inc., Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including BridgeCom, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including BridgeCom. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including BridgeCom. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. Page 3 of 5

ITC-T/C-20120914-00235 E Eureka Telecom, Inc. d/b/a Eureka Networks Transfer of Control Current Licensee: Eureka Telecom, Inc. d/b/a Eureka Networks FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19951226-00060 (Old File No. ITC-96-029), held by Eureka Telecom, Inc. d/b/a Eureka Networks (Eureka Networks), from its ultimate parent Broadview Networks Holdings, Inc., Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including Eureka Networks, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including Eureka Networks. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including Eureka Networks. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. ITC-T/C-20120914-00236 E Broadview Networks Inc. Transfer of Control Current Licensee: Broadview Networks Inc. FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000128-00044, held by Broadview Networks, Inc. (Broadview), from its ultimate parent Broadview Networks Holdings, Inc., Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including Broadview, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including Broadview. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including Broadview. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. Page 4 of 5

ITC-T/C-20120914-00237 E TruCom Corporation Transfer of Control Current Licensee: TruCom Corporation FROM: Broadview Networks Holdings, Inc., Debtor-in-Possession TO: Broadview Networks Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19971104-00683 (Old File No. ITC-97-682), held by TruCom Corporation (TruCom), from its ultimate parent Broadview Networks Holdings, Inc., Debtor-In-Possession (Broadview Holdings, DIP) to Broadview Networks Holdings, Inc. (Broadview Holdings). Broadview Holdings and its subsidiaries, including TruCom, filed a voluntary petition for bankruptcy on August 22, 2012 with the U.S. Bankruptcy Court for the Southern District of New York, to reorganize under Chapter 11 (Case No. 12-13581 (SCC)). The filing of the petition converted the legal status of applicant Broadview Holdings to a debtor-in-possession. Applicants now propose to exchange outstanding notes for equity in Broadview Holdings, which will result in indirect transfers of control of international section 214 licenses of its subsidiaries, including TruCom. Upon closing, the restructuring will result in a transfer of control of Broadview Holdings and, indirectly, its subsidiaries, including TruCom. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater direct and indirect ownership interests in Broadview Holdings: Direct ownership interests - MSD Credit Opportunity Fund, L.P. (MSD COF), a Delaware limited partnership (approx. 16% direct equity interest); High River Limited Partnership (High River LP), a New York limited partnership (approx. 16% direct equity interest). Indirect ownership interests - MSD Capital (GP) II, LLC (MSD Capital GP), a Delaware limited liability company (approx. 16% indirect equity interest in its capacity as sole general partner of MSD COF) (MSD Capital GP is controlled by Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker); Michael S. Dell (approx. 10.6% indirect equity interest as a result of his limited partnership interests in MSD COF); Hopper Investments LLC (Hopper Investments), a Delaware limited liability company (approx. 16% indirect equity interest as general partner of High River LP); Barberry Corp. (Barberry), a Delaware corporation (approx. 16% indirect equity interest sole member of Hopper Investments); and Carl Icahn (approx. 16% indirect equity interest as 100% owner of Barberry). No other entity or individual will hold 10% or greater direct or indirect equity or voting interests in Broadview Holdings. ITC-T/C-20120919-00231 E Next Communications, Inc. Transfer of Control Current Licensee: Next Communications, Inc. FROM: Next Communications, Inc. TO: Next Communications, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19990107-00014, held by Next Communications, Inc. f/k/a Next Communication, Inc. (Next Communications), from shareholders David Halpern and Sylwin Grinman to Arik Meimoun (Mr. Meimoun). In 1999, without prior Commission consent, Mr. Meimoun acquired 100% of the shares in Next Communications from Mr. Halpren and Ms. Grinman. Subsequently, Mr. Meimoun received additional investments from other individuals and entities to finance Next Communications. These efforts resulted in two pro forma transfers of control that were consummated on April 23, 2004 and May 3, 2012, respectively, but for which the Commission was not notified. Currently, Next Communications is owned as follows: Arik Meimoun, Chief Executive Officer (50%); Engin Yesil, a Turkish citizen (37.5%); and Ali Guven Kivilcim, a U.S. citizen (12.5%). Applicant filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20120919-00225, which was granted on September 27, 2012. INFORMATIVE ITC-214-19990107-00014 Next Communications, Inc. On January 29, 2009, Next Communication, Inc. changed its name to Next Communications, Inc., as reported in ITC-T/C-20120919-00231. ITC-214-20120809-00205 Alestra, S. de R.L. de C.V. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20120821-00208 Voiamo US Inc This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20120823-00209 Ring Plus, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-T/C-20120813-00207 Sialk 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


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Document Modified: 2012-09-27 14:09:11
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