Attachment Attachment 1

This document pretains to ITC-STA-20110801-00248 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2011080100248_909723

Choice Wireless, LC International 214 Request for Special Temporary Authority Attachment 1 Page 1 of 2 ATTACHMENT 1 Response to Question 10 Pursuant to section 63.25 of the Commission’s rules, Choice Wireless, LC (“Choice”) respectfully requests Special Temporary Authority (“STA”) that would allow it to continue providing international long distance services to its wireless customers pending Commission action on its application for consent to the acquisition of Choice by VLC Holdings, LLC (“VLC”).1 That application was submitted on July 22, 2011 after it was discovered that the International 214 authority held by Choice was not included when prior consent to the transfer of control of Choice to VLC was sought and obtained from the Commission with respect to approximately one dozen wireless licenses held by Choice (see ULS File No. 0004666588). The transfer of control of Choice to VLC was consummated on April 27, 2011. By way of explanation, the transaction which resulted in the acquisition of Choice by VLC was complicated by the fact that, although structured as an acquisition of the ownership interests of Choice rather than its assets, there were certain assets held by Choice that were not intended to be part of the acquisition. Accordingly, in advance of the transfer of control of Choice, certain assets were assigned from Choice to other entities. In effectuating a transaction that had many moving pieces, submission of an application for consent to the transfer of control of the 214 authorization was simply overlooked when applications were eventually submitted to effectuate the transfer of Choice to VLC. The failure to submit the 214 transfer request in a timely fashion was an isolated event, is not indicative of any laxity on the part of Choice or VLC with respect to their regulatory compliance obligations, and would not be expected to re-occur in the future. Choice acknowledges that the grant of this STA will not prejudice any action the Commission may take on the underlying application for consent to transfer control of Choice’s 214 authorization. Choice further acknowledges that this STA can be revoked by the Commission on its own motion without a hearing. Choice requests that this STA be granted for a term expiring on the sooner of: (i) the date on which the Commission’s action on the underlying transfer of control application becomes final; or (ii) six months from the grant of the STA. Prompt grant of the STA request would serve the public interest by allowing Choice to continue uninterrupted international service to its wireless customers while the Commission determines 1 See File No. ITC-T/C-20110722-00210.

Choice Wireless, LC International 214 Request for Special Temporary Authority Attachment 1 Page 2 of 2 whether the public interest would be served by granting the underlying transfer of control application (ITC-T/C-20110722-00210). Response to Question 16 Choice has not previously received any International Section 214 authority other than the International Section 214 authority that is the subject of the underlying transfer of control application. Choice seeks authority to continue to provide international service under its existing 214 authority which authorizes both Global or Limited Global Facilities-Based Service under section 63.18(e)(1) of the rules and Global or Limited Global Resale Service under section 63.18(e)(2) of the rules.2 Choice does not seek authority to provide services other than those previously authorized under section 63.18(e)(1) and (e)(2). Accordingly, the provisions of section 63.18(g) are not applicable in this case. 2 ITC-214-20050831-00358


Document Created: 2011-08-01 14:23:52
Document Modified: 2011-08-01 14:23:52
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