Attachment 20170831132302-763.p

20170831132302-763.p

SUPPLEMENT

Supplement

2006-06-13

This document pretains to ITC-T/C-20060613-00311 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2006061300311_1626619

Ben ir, Raymond From Bender, Raymond Sent: Friday, June 30, 2006 6:53 PM To: David Krech Co: ‘George Li‘; Joann Ekblad; Howard Grik f; Jodi Cooper; J 3s, Michael Subj: i: North American Cormnmunications Limite Attac nents: As Filed Form 214 Transfer of Control / plication.pdf As File "orm 214 Trai er of ... Dear lavid, This email follows—up a voice mail I left yc this afternc i1 concerning a tran iction Mike Jones of Willkie Farr and I are v cking on and 11¢h Felates t« a Section 214 ‘ansfer of control application pending before che FCC. We iderstand you i 11 be out of t : office until next Thursday, so we will plar zo telephone u_ then to dis: ss this matt On June 14, while I believe you were out of ie office, Mi 3 Jones and I 1 t with Geor : Li, Howard Griboff, JoAnn Ekblad and Jodi ( »per to descr »e the applicai on we had file for transfer of control of two Section 214 : chorizations ald by North Ar rican Comm ications Limited. North American is a wholl —owned subsic iry of eircom, reland‘s larg it telecommunications company and principal ; vider of donr stic and interi tional fixe line telecommunications services in Ireland. Torth America holds two Seci on 214 auth ‘izations, one to provide global facilities—t sed and globs resale servic between the S. and Ireland, and the other for global fac Llities—based 1d resale serv: es betw n the U.S. and all authorized international jints excludi ; Ireland. The overall transaction involves a transfer E control of Lrcom (and the: fore Nort American) from the public shareholders of ei zom Group to cown & Babcock apital Limi d ("BCM"), an entity that is publicly tradec n the Austrs Lan stock exch: ge. The U.8. ortion of this transaction is very small rel cive to the n th larger acqu ition by BCM ‘ eircom. Moreover, North American has a ve: limited pres ice in the Unii d States. Nort American provides no services to end user c comers in the JInited States : d neither Nort American nor its parent, eircom, offer any i cernational t Lecommunicatio1 services to & sumers or businesses between the U.S. and ar other foreic destinations. All of Nort American‘s traffic is received from and trar fitted to otf £ carriers in — nnection with eering, intercomnnection or other traffic exc 1ge arrangeme :s with those « rriers. Attached is a copy of the pending transfer : jligation for your reference We asked for reamlined processing and the application ap; ired on public notice on Jun 23. geor _ : indicated at our meeting that he had furnis ad the application to Team T« ecom and that the Executive agencies were asked to submit comments by July 5th. We indicated at our FCC meeting that we needed an FCC grant in advance of the closing of the transaction, which is scheduled for August 18. We were not aware at the time, however, that our clients actually need FCC approval by July 19, which is five business days before the scheduled July 26 meeting of public shareholders required to approve this transaction. I am providing a copy of this email to people who attended our earlier meeting so that they will know about this earlier date. We have coordinated closely over the past week or so with Joe Springstein at DOJ and Lou Brenner at DHS and responded today to the standard Questionaire which they furnished. They indicated that getting sign off from the Executive Branch agencies prior to July 19 was an aggressive schedule, and they certainly could make no promises, but that they would try to help. We discussed the possibility of their approving the issuance by the FCC of an STA by July 19 so that the scheduled shareholder meeting could proceed on July 26, and Joe Springstein indicated that Team Telecom had authorized STAs in certain other cases in 1

the past, although he made no promises. If an STA approving the transfer can be .ssued by July 19, we would hope to have full—blown FCC authority by the August 18 closing It is our hope that when Team Telecom reviews the responses to their Quest maire, they will determine either that they have no interest in this transaction or, if ‘hey do, that an STA prior to the July 19 deadline would be appropriate given the nature id very limited scope of North American‘s presence in the United States. Mike Jones and I would like to discuss with you the pending Section 214 tr isfer application and the proposed filing of an STA request to facilitate approval of is transaction by July 19. As noted above, we will plan to telephone you after you return to the office next Thursday. David, thanks very much in advance for your help on this matter. Ray Bender Raymond G. Bender, Jr. Dow, Lohnes PLLC 1200 New Hampshire Ave., N.W. Washington, D.C. 20036 Tel: (202) 776—2758 Fax: (202) 776—2222 This message from the law firm of Dow Lohnes PLLC, may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (202)776—2000 or contact us by E—mail at admin@dowlohnes.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.

Page 1 of 1 Joann Ekblad From: Saldivar—Trotter, Myla R. [Myla.Saldivar—Trotter@ic.fbi.gov] Sent: Wednesday, August 16, 2006 9:29 AM To: David Krech; George Li; Joann Ekblad; Mikelle Morra; Susan OConnell Co: James Ball Subject: FCC STatus update for Eircom application Hi George, Joann, David, Susan and Mikelle, Please be advised of the status of the following application: Please be advised that based on the information in its FCC applications and discussions with the group that the DOJ, FBI and DHS have NO COMMENT on the following application: 3 —0 m- Please let me know if you have any questions. Thanks, Myla Saldivar—Trotter FBI 8/16/2006

Page 1 of 1 Mikelle Morra From: Myla Saldivar—Trotter [msaldiva@leo.gov] Sent: Wednesday, July 05, 2006 12:41 PM To: David Krech; George Li; Joann Ekblad; Mikelle Morra; Susan OConnell Co: James Ball Subject: FCC application status for week of 07/03/2006 Dear George, Joann, David, Susan, and Mikelle, Please be advised of the statuses for the following applications: Please REMOVE from streamline the following applications: 1. NorthAmerican—eircomGroup,ple/BCMITC—T/C—20060613—00311 2. Belgacom International Carrier Services N.V./S.A.— ITC—214—20060614—00315 3. Swisscom /Belgacom —ITC—T/C—20060614—00316 Please be advised that the statuses of all other applications under review remain unchanged. Thanks, Myla Saldivar—Trotter FBI 7/6/2006

Message Page 1 of 1 Mikelle Morra From: Mikelle Morra Sent: Friday, July 07, 2006 1:58 PM To: ‘ctritt@mofo.com‘; ‘Kathelijne.winderickx@belgacom.be‘"; ‘rbender@dowlohnes.com‘ Co: George Li; Susan OConnell; David Krech; Joann Ekblad; ‘Myla Saldivar—Trotter‘; ‘jpifer@leo.gov‘; ‘amy.jabloner@usdoj.gov‘; ‘joseph.springsteen@usdoj.gov‘; ‘Louis.Brenner@dhs.gov‘; Mikelle Morra Subject: FCC Section 214 Removed from Streamlined Belgacom International Carrier Services N.V./S.A. ITC—214—20060614—00315 Belgacom International Carrier Services N.V./S.A ITC—T/C—20060614—00316 The above referenced applications were placed on Public Notice on June 23 , 2006 for streamlined processing. Since the Public Notice was released, the Commission has been requested by the Executive Branch agencies of the United States that we remove the subject applications from streamlined processing because of foreign ownership issues. Therefore, pursuant to Section 63.12(c)(3) of the Commission‘s Rules, we have removed these applications from streamlined processing. Please be advised that your company may not commenceoperations until the Section 214 authorization is granted. See Section 63.12(d) of the rules, 47 C.F.R. Section 63.12(d). The Executive Branch will contact you or the "Contact" listed on your application directly for further information. You can be assured that your application will be processed expeditiously upon completion of Executive Branch‘s review. We will notify you by e—mail when your application is granted. The Public Notice Report No. TEL—01046S (released July 7, 2006), is attached. If you have any questions, please email: Mikelle.Morra@fee.gov, JoAnp.Ekblad@fee.gov, Susan.Oconnell@fee.gov, David.Krech@fee.gov, and George.Li1@fcee.gov or fax to 202—418—2824. Thank you, Mikelle Morra Federal Communications Commission International Bureau/ Policy Division 202—418—7151 *** Non—Public: For Internal Use Only *** 7/7/2006

Message Page 1 of 1 Mikelle Morra From: Veronica Garcia—Ulloa Sent: Thursday, August 17, 2006 2:36 PM To: ‘rbender@dowlohnes.com‘; ‘Mjones@WILLKIE.COM® Co: George Li; David Krech; Susan OConnell; Joann Ekblad; ‘msaldiva@leo.gov‘; ‘agmrsald@ic.fbi.gov‘; ‘jpifer@leo.gov‘; ‘amy.jabloner@usdoj.gov‘; ‘Louis.Brenner@dhs.gov‘; ‘joseph.springsteen@usdoj.gov‘; ‘karen.hine@usdoj.gov‘; Mikelle Morra Subject: FCC Section 214 Application Granted ~NorthAmericanCommunicationsLimited ITC—T/C—20060613—00311 The above listed application has been granted by Public Notice released August 17, 2006; Report No. TEL— 01057, DA 06—1648 (attached). Thank You, Veronica Garcia—Ulloa (202) 418—0481 Veronica.Garcia—Ulloa@fce.gov International Bureau/Policy Division ***Non—Public: For Internal Use Only*** 8/21/2006

k Application Filing Results Page 1 of 1 FCC IBFS — Electronic Filing Submission_id :1B2006001557 _ Successfully filed on :Jun 13 2006 12:42:08:893PM Return to Main Menu ; http://svartifoss2.fec.gov/egi—bin/ws.exe/prod/ib/forms/ibfsmenu.hts 6/13/2006

‘ Electronic Form 159 Page 1 of 1 FCC Federal _ Electronic Form 159 "< —» y Communications | —* Commission Payment Confirmation Your transaction has been approved. For your records, please note the following: |AUTHORIZATION NUMBER : _ L Oasess_ |amount PaID : _ o 1s895.00 ECC Fees | Web Policies / Privacy Policy . ' FCC Home Page If you have any questions or concerns please contact your licensing system help desk. https://svartifoss2.fce.gov/ElectronicForm159/E159/success.cfm?RemittanceID=977736&matchremit=91... 6/13/2006

~FCC:Success:Form 159 — PRINTABLE VERSION Page 1 of1 Remittance ID:977736 Authorization Number: 045838 Successful Authorization —— Date Paid: 6/13/06 FILE COPY ONLY!! READ INSTRUCTIONS FEDERAL COMMUNICATIONS COMMISSION APPROVED BY OMB CAREFULLY BEFORE RIEMIT'I‘ APJ CE ADVICE 3060—059 PROCEEDING FORM 159 PAGE NO 1 OF 1 SPECIAL USE (1) LOCKBOX #358115 {FCC USE ONLY omm SECTION A — Payer Information (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (S%-grgB?)L AMOUNEITAUD fdollars ondiceri(s) Jason E Rademacher (4) STREET ADDRESS LINE NO. 1 1200 New Hampshire Ave. NW (5) STREET ADDRESS LINE NO. 2 Suite 800 (6) City {(7) STATE (8) ZIP CODE Washington . C _ 20036 (9) DAYTIME TELEPHONE NUMBER (INCLUDING AREA CODE) (10) COUNTRY CODE(IF NOT IN U.S.A.) 202—7762000 US FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (11) PAYER (FRN) 0015123250 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) (13) APPLICANT NAME Babcock & Brown Capital Limited (14) STREET ADDRESS LINE NO. 1 Level 39, The Chifley Tower, 2 Chifley Square (15) STREET ADDRESS LINE NO. 2 Sydney . . . (16) CITY (17) STATE (18) ZIP CODE (19) DAYTIME TELEPHONE NUMBER (INCLUDING AREA CODE) (20) COUNTRY CODE (IF NOT IN U.S.A.) 061 (0)292291800 _ AS FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (21) APPLICANT (FRN) (22) FCCUSEONIX f 0015160765 f & COMPLETE SECTION C FOR EACH SERVICE,[FMORE Bo§§§ 45_5HEEBFD USE CONTINUATION SHEET (23A) FCC Call Sign/Other ID (24A) Payment Type Code(PTC) (25A) Quantity CUT 1 (26A) Fee Due for (PTC) (27A) Total Fee FCC Use Or $895.00 $895.00 (28A) FCC CODE 1 (29A) FCC CODE 2 | IB2006001557 (23B) FCC Call Sign/Other ID (243) Payment Type Code(PTC) (ZSB)Quannty (26B) Fee Due for (PTC) (27B) Total Fee (28B) FCC CODE 1 1(29B) FCC CODE 2 serenntnmnentnan ons L . , . _’ m mosessnmnin https://svartifoss2.fec.gov/ElectronicForm159/success_159_html/printed159_success.cfm 6/13/2006

EX PARTE OR LATE FILED @@ PY zz DOWL()hn_eS Raymond G. Bender D 202.776.2758 _E rhender@dowlohnes.cotn July 6, 2006 RIECEN/ED Marlene H. Dortch, Esquire JUL — 6 2006 Secretary Federal 2s 22. eral C Comn unii asaticns | ommission Federal Communications Commission Yfice of Serrets ry 445 12th Street, SW Washington, DC 20554 Re: Notice of Written Ex Parte P resentati on Application for Transfer of Control of Intern ational 214 Authorizations of North Amcrican C »mmuimicaions Limited ITC—T/C—20060613—00311 Dear Ms. Dortch: Attached hereto is a wiitten ex parte presentaiion regaiding ‘he ab ovi>—referenced application for transfer of conirol of international sec ion 214 authoizitic ns held by Nortt American Communications Limited, from eircom Grjup, Ple :o 3abecck & Brown Capital Limited. Pursuant to Section 1.1206 of the Commission‘s rules, two copiss of this letter a 1d its attachment are being submitted for filing in the above—referenced proc=eding.. A copy of t iis letter also has been provided to the individual staff mzambers viho receve 1 the attached presentation. Should any question arise with regard to this inatter, kindly cor im un:cate with the undersigned. espeptfully submitted, Raymond G. Bender, Jr. Counsel for Babcock & Brown Capital Limited RGB/vll Attachment ce: David Krech George Li Joann Ekblad Howard Griboff Jodi Cooper Dow Lohnes PLLC WasHincton, DC | AtiaNTA, GA 1200 New Hampshire Avenue, NW, Suite 800 Attorneys at Law Washington, DC 20036—6802 www.dowlohnes.com T 202.776.2000 F 202.776.2222

COPY Raymond G. Bender :E[ DOWLOhne'S D 202.776.2758 _E rbender@dowlohnes.com August 18, 2006 aEcEvEeD Marlene H. Dortch, Esquire | 06 Secretary AUG 1 8 28 5 Federal Communications Commission communication$ Commission 445 12th Street, SW Foinlt! Tice of Sectaty Washington, DC 20554 Re: North American Communications Limited Notice of Consummation Dear Ms. Dortch: On behalf of Babcock & Brown Capital Limited ("BCM"), we hereby inform the Commission that all acts necessaryto consummate the above—referenced transfer of control of North American Communications Limited, the holder of Section 214 authorizations ITC—214— 19981001—00682 and ITC—214—19981015—00711, from the shareholders of eircom Group, ple to BCM, were accomplished as of this date. Should any questions arise with regard to this matter, kindly communicate with the undersigned. Respectfully submitted, L.2 Cor. Rrymond G. Bender, Jr. Counsel for Babcock & Brown Capital Limited RGB/vIl go: Michael Jones, Esquire James Ball George Li David Krech Howard Griboff Joann Ekblad Dow Lohnes PLLC WasHincton, DC | AtLaNTA, GA 1200 New Hampshire Avenue, NW, Suite 800 Attorneys at Law Washington, DC 20036—6802 www.dowlohnes.com T 202.776.2000 F 202.776.2222


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Document Modified: 2019-05-28 16:36:03
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