Attachment DA00-2757

This document pretains to SES-STA-20091013-01316 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009101301316_182948

Streamlined ITC-ASG-20000829-0051 4 DIGIPH PCS. INC. Categories of Services for 214 Applications (Streamline/Non- streamline) D LIMITED/GLOBAL RESALE SERVICE O LIMITED/GLOBAL FACILITIES-BASED SERVICE O LIMITED/GLOBAL FACILITIES-BASED/RESALE SERVICE O INDIVIDUAL FACILITIES-BASED SERVICE 0 INTERCONNECTED PRIVATE LINE RESALE SERVICE O INMARSAT AND MOBILE SATELLITE SERVICE 0 INTERNATIONAL SPECIAL PROJECT SWITCHED RESALE SERVICE 0 TRANSFER OF CONTROL ASSIGNMENT OF LICENSE PRO FORMA TRANSFER/ASSIGNMENT 0 SPECIAL TEMPORARY AUTHORITY 0 SUBMARINE CABLE LANDING LICENSE Description of Application:

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP THE WASHINGTON HARBOUR 3000 K STREET, NW, SuIm 300 WASHINGTON, DC 20007-5116 NEW YoEX OFFICE THE CHRYSLER BUILDING TELEPHONE (202) 424-7500 405 LEXINGTON AVENUE FAX (202) 424ELLO PUG 2 NEW Yop, NY 10174 WWW.SWIDLAW.1OM (212) 973-0111 FAX (212) 891-9598 August 29, 2000 VIA MELLON BANK Magalie Roman Salas, Secretary Federal Communications Commission International Bureau, Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Re: Application of DiGiPH PCS, Inc., Eliska Wireless Ventures License Subsidiary I, LLC, and Eliska Wireless Ventures I, Inc. for Authority Pursuant to Section 214 of the Communications Act of 1934, as amended, to Assign Section 214 Authorization Dear Ms. S alas: Enclosed for filing with the Commission are an original and six (6) copies of an application of requesting authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to assign the Section 214 authorization of DiGiPH PCS, Inc. ("DiGiPH" or "Assignor") to Eliska Wireless Ventures License Subsidiary I, LLC and Eliska Wireless Ventures I, Inc. (collectively, "Eliska" or "Joint Assignees"). As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Due to time exigencies, the applicant certificates attached to the enclosed assignment application are being submitted with facsimile signatures. DiGiPH and Eliska will forward original signatures to the Commission for association with this application as soon as possible. Please date-stamp the extra copy of this application and return it in the enclosed self- addressed, stamped envelope. Should you have any questions regarding the Assignor's portion of the enclosed application, please contact the undersigned. Please direct any questions concerning the Joint Assignees to Jonathan Cohen at (202) 783-4141. Very truly yours, /\ ./-;- : yflis A. Whitten Jeanne W. Stockman Enclosures cc: Jonathan V. Cohen

AP#ROUO BY CUe RTEFULLY FEDERAL COMMUNICATIONS COMMISSION 358115 REMITTANCE ADVICE _____________________________ FCC USE TEtY PAGE NO. 1 OF 1 SECTION A - PAYER INFORMATION (2) P4088 BARE R08#N ''IS N RE'S' ERECA) (3) TOTAL AMOUNT PAID Notars and CURS) Swidler Berlin Shereff Friedman LLP $780.00 (4) STREET ASS JAR NO. I 3000 K Street, N.W. (5) STREET ADUESS LEAR NO.2 Suite 300 blenT (I) STATE (5) DY ((LIE Washington D.C. 20007-5116 (9) DAYTIME TELEPHONE NUMBER (include area code) I) COANTET CCCL (AU U.S.A.) (202) 424-7500 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHETS (FORM 159-C) SECTION B - APPLICANT INFORMATION (U) APPLICANT NAME (if payissg by crolU card. BRIEF 84mB cxactly as it appsrs on your Card) DiGiph PCS, Inc. (12) STREET ADDRESS LINE NO. I 851 South Beitline Highway, Suite 804 (I3)UWCCT AIEU LINE PC. A )LA)YITY IT) STATE) (IA) OP CUE Mobile AL 36606 ((7) DAYTNETELEPICNENIJMBEZ at) III) COJNTRV CCCL (AU I, US.A) 334/450-2500 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159-C) SECTION C - PAYMENT INFORMATION (1 9A) FCC CALL SIGN/OTHER ID )INA)PAYMENT tYPE CUE (FTC) )AIA)QUCIT1TY (22A) FEE 011€ FOR (FTC) IN ULOCI FCC USE ONLY 1 $780.00 C U T (23A) FCC CODE I (24A) FCC CODE 2 19B) FCC CALL SIGN/OTHER ID (206) PAYMENT TYPE CODE (PTC) (218) QUANTITY (228) FEE DUE FOR (FTC) IN 84.0CR 20A FCC USE ONLY ___________ (23B) FCC CODE I * I * I I * _____ __________ (24B FCC CODE 2 ____________ l 9C) FCC CALL SIGN/OTHER ID (2CC) PAYMENT TYPE CODE (PTC) (21C) QUANTITY (DC) FEE DUE FOR (PlC) IN BLOCK 2CC FCC USE ONLY A N A ____________ * ______ __________ _____________ (23C) FCC CODE I IAAC(FCCCCEE2 1 9D) FCC CALL SIGN/OTHER ID (200) PAYMENT TYPE CODE (FTC) (210) QUANTITY (220) FEE DCC FOR (FTC) IN 810CR 284 FCC USE ONLY N * N * _____________ )) FCC (24D) FCC CODE 2 SECTION D - TAXPAYER IN FORMATION (REQUIRED) (25) (26) COMPLETE THIS BLOCI( ONLY IF APPLICANT NAME IN 8.1 US DIFFERENT FROM PAYER NAME )N 9.2 PAYER TIN 0 1 3 2 6 7 9 6 7 6 APPLICANT TIN 0 6 3 1 1 4 6 3 2 8 SECTION E - CERTIFICATION (27) CERTIFICATION STATEMENT I, Jeanne W. Stockman certify Uod r e ty of peliury that the foregoing and supporting information are tue and correct to the best of ¶formaUon and bief. SIGNATURE eKJI/\_-_o, ')At 2_-L_----.--... 'ECTION F - CREDIT CARD PAYMENT INFORMATION (28) MASTERCARDNISA ACCOUNT NUMBER: EXPIRATION DATE: MONTH YEAR J VISA II • he_v SSIt. B. FUN dwe _By VISA a MASTERCARD n,Sa*.NIc.(SBSI*.NeN) I..,.., A..*.4. I I_ AUT)IORtIND S)OUAT)JRE ______________ _____________ _ REVERSE FCC FORM 159 JULY 1997 (REVISED)

3000 K STREET, NW. SUITE 300.WASHINGTON. DC 20007 CHECK NO.: D 124230 VIDLER BERLIN SHEREFF FRIEDMAN, LLP INVOICE DESCRIPTION AMOUNT PA REF. # INV. # DATE INVOICE AMOUNT 780.00 780.00 125343 ST082900 08-29-00 CUSTOME R NO. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP CHECK NO. D 124230 3000 K STREET, NW. SUITE 300 WASHINGTON, DC 20007 Citibank DC Operating 1775 Pennsylvania Avenue, NW CHECK AMOUNT Suite 440 Washington, DC 20006 780. 00**** SEVEN HUNDRED EIGHTY AND 00/1 00 Dollars TWO SIGNATURES REQUIRED ON CHECK R $10, PAY FCC TO THE ORDER OF ,. ,,.r7Lfl nru.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Application of ) ) eC0a DiGiPH PCS, Inc., Assignor ) ) and ) File No. ITC-214-________ ) Eliska Wireless Ventures License Subsidiary I, LLC ) and ) Eliska Wireless Ventures I, Inc., Assignee ) ) Application for Authority Pursuant to Section 214 ) of the Communications Act of 1934, as amended, ) to Assign Section 214 Authorization and Receive ) Global Resale International ) Telecommunications Services Authority ) APPLICATION FOR ASSIGNMENT DiGiPH PCS, Inc. ("DiGiPH" or "Assignor") and Eliska Wireless Ventures License Subsidiary I, LLC and Eliska Wireless Ventures I, Inc. (collectively "Eliska" or "Assignee") (collectively, "Applicants"), by their undersigned counsel, and pursuant to Section 214 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 214, and Section 63.18 of the Commission's Rules, 47 C.F.R. § 63.18, hereby request approval for an assignment of DiGiPH's Section 214 authorization to Eliska. DiGiPH currently holds authority to provide resold international telecommunications services pursuant to Section 214 to all permissible points.' Eliska See FCC File No. ITC-20000627-00370.

does not currently have authority under Section 214 to provide international telecommunications services, but has applied for such authority.2 DiGiPH and Eliska Wireless Ventures I, Inc. ("Eliska Ventures"), along with certain corporate parents, have recently entered into an Asset Purchase Agreement whereby Eliska Ventures will purchase the assets and assume certain liabilities of DiGiPH. At the time the parties filed their assignment application with the FCC for approval of this transaction, DiGiPH had not yet applied for the subject international Section 214 authorization.3 Accordingly, pursuant to the advice of Commission staff, DiGiPH and Eliska hereby file the instant application to assign DiGiPH's recently obtained international Section 214 authority to Eliska. Applicants respectfully request streamlined treatment of this application pursuant to Section 63.12(c)(1)(iv) of the Commission's Rules, 47 C.F.R. § 63.12(c)(1)(iv). As described below, this application is eligible for streamlined processing and expeditious grant is in the public interest.4 See FCC File No. ITC-20000801-00444. Eliska and DiGiPH have applied to the Commission for consent to assign broadband PCS licenses currently held by DiG1PH to Eliska Wireless Ventures License Subsidiary I, LLC, and that application is currently pending. See Public Notice, DA 00-146 1 (rel. July 3, 2000). In re 1998 Biennial Regulatory Review II Review of International Common Carrier Regulations, Report and Order, FCC 99-51,113 Docket No. 98-118 (rel. Mar. 23, 1999), at 11 El 22; Rules and Policies on Foreign Participation in the US. Telecommunications Market, Report and Order, 12 FCC Rcd. 23891, 24032 11 322 (1997) (ElForeign Participation OrderlJ); Streamlining the International 214 Authorization Process and TarffRequirements, Report and Order, 11 FCC Rcd. 12884, 12889 (1996) (DStreamlining OrderEl); 47 C.F.R. flU 63.10, 63.12 (1998). 2

DiGiPH PCS, Inc. is a corporation organized under the laws of Alabama with its principal business office located at 851 South Beitline Highway, Suite 804, Mobile, AL 36606. DiGiPH PCS is a wholly owned subsidiary of DigiPH Communication, Inc., a Delaware corporation, which is ultimately controlled by Miliry Management Corporation, an Alabama corporation. DiGiPH holds licenses from the FCC to provide broadband personal communications services in areas of Alabama, Florida, and Mississippi.5 Eliska Wireless Ventures License Subsidiary I, LLC is a Delaware limited liability company with principal business offices located at 28187 Burkart Drive, Orange Beach, AL 36561. It is a wholly owned subsidiary of Eliska Ventures, a Delaware corporation that is controlled by Eliska Wireless Investors I, L.P., an Alabama limited partnership. None of these companies presently holds any FCC licenses. Additional information concerning both DiGiPH and Eliska is on file with the Commission as part of the parties' application for assignment of DiGiPH's broadband PCS licenses to Eliska.6 DiGiPH and Eliska respectfully submit that DiGiPH's customers will realize significant public interest benefits from Eliska's acquisition of the FCC licenses and assets of DiGiPH. Upon closing of the proposed assignment, DiGiPH's customers will continue to receive high-quality, competitively-priced telecommunications services on a seamless basis. Service will not be discontinued or interrupted. The Applicants hope to complete the proposed acquisition as quickly as possible to avoid unnecessary disruption to DiGiPH's operations or inconvenience to DiGiPH's existing customers. To that end, the Applicants respectfully request that the Commission expedite the processing of this application and grant the requested authority as soon as possible. 5 See Call Signs KNLF618 - KINLF625, inclusive. 3

I. Information Required by Section 63.18 Pursuant to Section 63.18 of the Commission's Rules, 47 C.F.R. § 63.18, DiGiPH and Eliska submit the following information: (a) Names, addresses and telephone numbers: Assignor: DiGiPH PCS, Inc. 851 South Beitline Highway, Suite 804 Mobile, AL 36606 Telephone: (334) 450-2500 Facsimile: (334) 450-0767 Assignee: Eliska Wireless Ventures License Subsidiary I, LLC and lEliska Wireless Ventures I, Inc. 28187 Burkart Drive Orange Beach, AL 36561 Telephone: (334) 981-4043 Facsimile: (334) 981-6043 (b) Assignor: DiGiPH PCS, Inc. is a corporation organized under the laws of Alabama. Assignee: Eliska Wireless Ventures License Subsidiary I, LLC is a limited liability company organized under the laws of Delaware. Eliska Wireless Ventures I, Inc. is a Delaware corporation. (c) Correspondence concerning this application should be sent to: For Assignor: Phyllis A. Whitten Jeanne W. Stockman Swidler Berlin Shereff Friedman, LLP 3000 K Street, NW, Suite 300 Washington, DC 20007-5116 Telephone: (202) 424-7500 Facsimile: (202) 424-7645 and: 6 See FCC File No. 0000151639. 4

Dwain Kinard DiGiPH PCS, Inc. 851 South Beitline Highway, Suite 804 Mobile, Alabama 36606 Telephone: (334) 450-2500 Facsimile: (334) 450-0767 For Assignee: Jonathan V. Cohen Wilkinson Barker Knauer. LLP 2300 N Street, N.W., Suite 700 Washington, D.C. 20037 Telephone: (202) 783-4141 Facsimile: (202) 783-5851 (d) Assignor: DiGiPH is authorized to provide resold international telecommunications services under Section 214 to all permissible points pursuant to FCC File No. ITC-20000627-00370. Assignee: Eliska has filed an application to provide resold international telecommunications services under Section 214 to all permissible points pursuant to FCC File No. 20000801-00444. Eliska's application has qualified for streamlined processing under 47 C.F.R. § 63.12(c)(1)(iv) and is currently pending. (e)(3) In this application, Applicants seek prior approval of a transaction that will constitute an assignment of the Section 214 authorization of DiGiPH to Eliska. (0 Not applicable. (g) Not applicable. (h) Information regarding Eliska' s 10% or greater direct or indirect shareholders (as of consummation of the proposed transaction) is as follows: 5

Direct Ownership of Assignee Name: Eliska Wireless Ventures I, Inc. Address: 28187 Burkart Dr. Orange Beach, AL 36561 Citizenship: Delaware Principal Business: Holding company Percent Held: 100%, sole member of Eliska Wireless Ventures License Subsidiary I, LLC Name: Eliska Wireless Investors I, L.P. Address: 28187 Burkart Dr. Orange Beach, AL 36561 Citizenship: Alabama Principal Business: Holding company Percent Held: 20% equity ownership, 60.1% voting interest in Eliska Wireless Ventures I, Inc. Name: Powertel, Inc. Address: 1239 O.G. Skinner Dr. West Point, GA 31833 Citizenship: Delaware Principal Business: Wireless telecommunications Percent Held: 49.9% equity ownership, 24.95% voting interest in Eliska Wireless Ventures I, Inc. Name: Sonera Holding BV Address: Rivium Quadrant 58 2909 LC Capelle aan den IJssel, The Netherlands Citizenship: Netherlands Principal Business: Holding company Percent Held: 30.1% equity ownership, 15.05% voting interest in Eliska Wireless Ventures I, Inc. (Note: 31.45% total ownership interest in Eliska including 2.7% interest in Powertel, Inc.) Indirect Ownership Name: Eliska Wireless, Inc. Address: 28187 Burkart Dr. Orange Beach, AL 36561 Citizenship: Delaware Principal Business: Wireless telecommunications Percent Held: General Partner in Eliska Wireless Investors I, L.P. 6

Name: The L.T. Hayles Trust (Jimmy Crook, Trustee) Address: 208 S. Pensacola Ave. Atmore, AL 36502 Citizenship: United States Principal Business: Trust Percent Held: Limited partner in Eliska Wireless Investors I, L.P. Name: The J.R. Hayles Trust (Jimmy Crook, Trustee) Address: 208 5. Pensacola Ave. Atmore, AL 36502 Citizenship: United States Principal Business: Trust Percent Held: Limited partner in Eliska Wireless Investors I, L.P. Name: SCANA Communications, Inc. Address: 440 Knox Abbott Dr. Suite 240 Cayce, SC 29033 Citizenship: South Carolina Principal Business: Holding company Percent Held: 28.1% ownership interest in Powertel Name: ITC Holding Company, Inc. Address: 3300 20th Avenue Valley, AL 36854 Citizenship: Delaware Principal Business: Holding company Percent Held: 21.3% ownership interest in Powertel Name: Sonera Corporation Address: Teollisuuskatu 15 00550 Helsinki Finland Citizenship: Finland Principal Business: Telecommunications Percent Held: 100% of Sonera Holding BV 7

Name: Finnish Government Address: Ministry of Transport and Communications Etelaesplandi 16 00130 Helsinki Finland Citizenship: Finland Principal Business: Government of Finland Percent Held: 53.3% of Sonera Corporation (i) Eliska hereby certifies that, upon consummation, it will be affiliated with Sonera Oy, a foreign carrier in Finland. (j) Eliska seeks to acquire through assignment the Section 214 authorization of the DiGiPH. With the assignment, Eliska certifies that it seeks to provide international telecommunications services to Finland, as well as to all permissible points. (k) Eliska certifies that Finland is a WTO member country. (1) Eliska will provide service on the U.S. - Finland route solely through the resale of unaffiliated U.S. facilities-based carriers' international switched services (either directly or indirectly through the resale of another U.S. resale carrier's international switched services), and is therefore presumptively classified as non-dominant for the provision of such service pursuant to Section 63.lO(a)(4) of the Commission's rules. Eliska will file the quarterly traffic reports required by Section 43.61(c) of the Commission's rules. (m) See response to item (1) above. (n) Eliska certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier where the foreign carrier possesses market power on the foreign end of the route and will not enter into such agreements in the future. (o) Eliska certifies, pursuant to Sections 1.2001 through 1.2003 of the Commission's Rules (implementing the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 3301), that it is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. (p) Eliska qualifies for streamlined processing pursuant to Section 63.1 2(c)( 1 )(iv) of the Commission's rules. As discussed herein, Eliska qualifies for a presumption of non- dominance under Section 63.10(a)(4) of the rules, and all of the relevant affiliated destination markets are WTO market countries. 8


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Document Modified: 2019-04-07 17:24:45
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