Attachment Attachment 1

This document pretains to ITC-STA-20160426-00158 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2016042600158_1135911

Attachment 1 Pursuant to Section 214(a) of the Communications Act of 1934, as amended, 47 USC 214(a), Great Lakes Comnet, Inc.-Debtor in Possession (“GLC”) and Everstream GLC Holding Company LLC (“Everstream”) respectfully request that Special Temporary Authority (“STA”) for service be granted to Everstream pending the Federal Communications Commission’s (“Commission”) consideration of the application of GLC, requesting approval for the assignment of domestic and international Section 214 licenses held by GLC to Everstream (“Application”). The Application for assignment of authorization was previously filed with the Commission. Great Lakes Comnet, Inc. and its subsidiary Comlink, LLC (“Comlink”) filed Voluntary Petitions for Reorganization under Chapter 11 of the Bankruptcy Code, Re Great Lakes Comnet, Inc. and Comlink, LLC, Case Nos. 16-00290 and 16-00292 (Bankruptcy Court, WD Mich). On January 25, 2016, Everstream entered into an Asset Purchase Agreement with GLC and Comlink for the sale of certain assets of both entities, which sale was approved by the Bankruptcy Court at a hearing on May 10, 2016, with an Order anticipated imminently. Pursuant to the terms and conditions of the Asset Purchase Agreement, the closing of the purchase and sale is contingent on obtaining all required regulatory approvals, including the approval by the FCC of the transfer of GLC’s licenses, which are among the assets being purchased. The parties are targeting closing the purchase and sale on May 27, 2016, subject to obtaining such approval. On February 10, 2016, Great Lakes Comnet, Inc.’s (“GLC”) filed an application for a pro forma assignment of GLC’s domestic and international authorization to Great Lakes Comnet, Inc.- Debtor in Possession, File No. ITC-ASG-20160219-00105. On May 11, 2016, the Commission granted approval of the assignment. Pending the Commission’s consideration of the Application, Everstream and GLC seek Special Temporary Authority in order for Everstream to maintain the business operations of GLC (and its subsidiary Comlink), as GLC is facing substantial financial hardship in meeting its daily operating expenses and obligations. Special Temporary Authority, if granted, as well as any expedited process of approval of the Application by the Commission will greatly assist in sustaining GLC and Comlink’s current business operations, and will protect against the potential threat of interruptions in service to GLC and Comlink’s customers, and more important, the potential threat of GLC and Comlink being unable to provide any services to their customers. Expedition of the Application will also greatly assist in the closing of the purchase and sale of the assets, and the transition of business operations from GLC and Comlink to Everstream. Everstream represents that this request for Special Temporary Authority, as well as the Application, if granted by the Commission, is in the public interest, and will not impair the adequacy or quality of service provided to GLC and Comlink’s customers. Applicant acknowledges that a grant of this request for Special Temporary Authority will not prejudice any action that the Commission may take on the Application. Applicant further acknowledges that Special Temporary Authority can be revoked by the Commission on its own motion without a hearing, and that the granting of Special Temporary Authority and the underlying Application will not preclude enforcement action.


Document Created: 2016-05-12 15:04:02
Document Modified: 2016-05-12 15:04:02
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