Attachment Attachment II Reques

This document pretains to SCL-STA-20110922-00027 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2011092200027_918035

ATTACHMENT II Request for Special Temporary Authority to Operate Pending Approval of Section 214 Application and Submarine Cable Landing License Application for Transfer of Control Response to Question 15 Pursuant to Section 63.18(h) of the Commission's Rules, the entities holding a direct or indirect 10 percent or greater equity interest in Tricom USA as of consummation of the Transaction are listed below. Direct Ownership: Name: Tricom, S.A. Address: Avenida Lope de Vega No. 95 Santo Domingo, Dominican Republic Citizenship: Dominican Republic Principal Business: Telecommunications Ownership: Tricom S.A. directly holds 100 percent of the ownership interests of Tricom USA. Indirect Ownership: Name: Hispaniola Telecom Holdings, Ltd. ("Holding Company") Address: P.O. Box SS-19084 Ocean Centre, Montagu Foreshore East Bay Street, Nassau, New Providence, Bahamas Citizenship: The Commonwealth of the Bahamas Principal Business: Holding company Ownership: Holding Company holds at least 99 percent of the ownership interests in Tricom, S.A. Name: Ellis Portafolio, S.A. (“Ellis”) Address: 1401 Brickell Ave., Suite 930 Miami, FL 33131 Citizenship: British Virgin Islands Principal Business: Investment bank Ownership: Ellis held approximately 12.5 percent of the ownership interests of Holding Company following the April 7, 2010 restructuring out of bankruptcy.1 Name: MAP Private Trust Company 1 As explained in Response to Question 10 in Attachment I, on April 15, 2010, Ellis transferred its ownership interests in Holding Company to Broadband Investments Limited.

Address: c/o CIBC Bank & Trust Company (Cayman) Limited P.O. Box 694GT CIBC Financial Centre, 11 Dr. Roy’s Dr. George Town, Grand Cayman KY1-1107 Cayman Islands Citizenship: Cayman Islands Principal Business: Trust Ownership: Following the April 7, 2010 restructuring out of bankruptcy, MAP Private Trust Company, believed to be a trust established for the benefit of Mr. Pellerano and certain members of his family (all of whom are Dominican Republic citizens), indirectly held through various companies (including Ellis), an approximate 19.0 percent of the ownership interests of Holding Company.2 Name: AMZAK Capital Management, LLC ("AMZAK"), and its subsidiary, Broadband Investments Limited ("Broadband") Address: 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Citizenship: United States (AMZAK) / Barbados (Broadband) Principal Business: Investment company Ownership: AMZAK held approximately 57.2 percent of the ownership interests of Holding Company following the April 7, 2010 restructuring out of bankruptcy.3 Name: The Kazma Family (Gerald Joseph Kazma, Michael David Kazma, and Leigh Anne Kazma)4 Address: 1 North Federal Highway Suite 400 Boca Raton, FL 33432 Citizenship: Canada 2 As explained in Response to Question 10 in Attachment I, on April 15, 2010, MAP transferred its ownership interests in Holding Company to Broadband Investments Limited. 3 As explained in Response to Question 10 in Attachment I, on or about April 7, 2010, AMZAK transferred its interest in Holding Company to its wholly-owned subsidiary Broadband. On or about June 7, 2010, Broadband transferred a portion of its ownership interest in Holding Company to PTY Capital Partners Ltd ("PTY Capital Partners Ltd"). Broadband now holds a 52.22 percent ownership interest in Holding Company, and PTY Capital Partners now holds a 19.24 percent ownership interest in Holding Company. PTY Capital Partners' address is Urbanización Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panamá. Its principal business is investments. Contemporary Investments Ltd. ("Contemporary Investments"), a Bahamas company, holds 100 percent of the ownership interests of PTY Capital Partners. Its address is Urbanización Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panamá. Its principal business is investments. Alberto C. Motta, Jr. and Stanley A. Motta, citizens of Panama, each hold a 50 percent ownership interest in Contemporary Investments. The Mottas' address is Urbanización Costa del Este, Business Park, Torre Este, Piso 6, Ciudad de Panamá. They are individual investors. An ownership chart for Tricom USA, post-pro forma transfer of control, is set forth in Exhibit B. 4 Although each family member's interests are separate and independent, their interests are being aggregated here out of an abundance of caution.

Principal Business: Individuals Ownership: The immediate members of the Kazma Family, through various holding companies, collectively hold 100 percent of the ownership interests of AMZAK. As of consummation of the Transaction, no other entity or individual held a 10 percent or greater direct or indirect interest in Tricom USA. Response to Question 16 Pursuant to Section 63.18(d) of the Commission's Rules, Tricom USA's international Section 214 authorizations are as follows: Authorization Number Type of Authorization ITC-214-19960925-00468 (previously ITC-96- Global resale authority pursuant to Section 532) 63.18(e)(2) of the Commission's Rules to all international points. ITC-MOD-19970618-00335 (previously ITC- Global facilities-based authority pursuant to 96-532-M) Section 63.18(e)(1) of the Commission's Rules to all international points. ITC-214-19930101-00257 (previously ITC-93- Authority to provide certain facilities-based 246) services (via satellite or cable) to specified international points. ITC-214-19990325-00153 Authority to construct and operate the Maya-1 Cable System. ITC-214-19970421-00220 (previously ITC-97- Authority to construct and operate the Pan 221) American Cable System. ITC-214-19980430-00286 (previously ITC-98- Authority to construct and operate the 342, ITC-98-342A) Americas-II Cable System. Sections 63.18(e(3) and 63.18(g) are not applicable to the instant STA request.


Document Created: 2011-09-22 12:24:57
Document Modified: 2011-09-22 12:24:57
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