*Pages 1--5 from Microsoft Word - 59650.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 06- 1879 Released: September 15, 2006 DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS OF YESTEL, INC. TO TTUSA ACQUISITION, INC. STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 06- 139 Comments Due: September 29, 2006 Reply Comments Due: October 6, 2006 On July 11, 2006, Yestel, Inc. (" Yestel") and TTUSA Acquisition (" TTUSA") (together, the “Applicants”), filed an application, pursuant to section 63.04 of the Commission’s rules, 1 requesting authority to consent to transfer control of certain assets of Yestel to TTUSA. 2 Applicants submit that this transaction is entitled to presumptive streamlined treatment under 63.03( b)( 2)( i) of the Commission’s rules because (i) Yestel, as the transferee, will hold less than a ten percent (10%) share of the interstate, interexchange market; (ii) Yestel, as the transferee, will provide competitive telephone exchange services or exchange access services, if at all, exclusively in geographic areas served by dominant local exchange carriers (none of which are a party to the proposed transactions) and; (iii) neither of the Applicants is dominant with respect to any service. 3 1 47 C. F. R § 63.04; see 47 U. S. C. § 214. 2 Applicants are also filing an application for transfer of control associated with authorization for international services. Any action on this domestic 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed three amendments to their original domestic application. See Letter from Leon L. Nowalsky, Nowalsky, Bronston, and Gothard, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 06- 139 (filed September 14, 2006); Letter from Leon L. Nowalsky, Nowalsky, Bronston, and Gothard, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 06- 139 (filed September 12, 2006); Letter from Leon L. Nowalsky, Nowalsky, Bronston, and Gothard, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 06- 139 (filed September 5, 2006). 3 47 C. F. R. § 63.03( b)( 2)( i). 1 2 Yestel, a California corporation, holds section 214 authority to provide domestic and international telecommunications services. Yestel provides competitive resold long distance services to residential customers in the states of California, Colorado, Florida, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Texas, Virginia, and Washington. Yestel is owned entirely by the following U. S. citizens: Robert Wu, (50%); and Shu Hwa Chen (50%). There is no other person or entity which has a 10% or greater interest in Yestel. TTUSA is a California corporation with 100% of its common stock owned by Times Telecom (USA), Inc. TTUSA does not currently hold a 214 certificate. Times Telecom (USA), Inc., a California corporation, is wholly- owned by Times Telecom Inc. Times Telecom Inc. is a Canadian corporation that is wholly- owned by Key West Global Telecommunications Berhad (Key West), a Malaysian corporation. The following entities own at least 10 percent of Key West: B- Network Co., Ltd. (22.66%), a British Virgin Islands corporation, and Alfred Yong Kah Soon (22.57%), a Malaysian citizen) (13.97% of the shares of which are pledges securities for Alfred Yong Kah Soon by Ambank (M) Berhad, Malaysia citizenship)), a Malaysian corporation, hold controlling interests in Key West. Key West Communications (USA) Inc., an indirect subsidiary of Key West, provides wholesale termination of voice and data traffic to Tier 1 and Tier 2 carriers. No other Key West entities provide domestic 214 service. The Application seeks Commission consent to transfer certain telecommunications assets, including but not limited to, Yestel’s customer premise equipment, computers, phones and long distance customer accounts to TTUSA. Following consummation of the transaction, Applicants will transfer 214 authority from Yestel to TTUSA. TTUSA will continue to provide services to Yestel’s customers. The Applicants state that the proposed transaction serves the public interest by ensuring continuity of service to Yestel customers, and will enhance the ability of Yestel’s customers to receive a broader range of innovative products and services. Applicants contend that the Acquisition will serve to enhance the overall capability of TTUSA to compete in the marketplace, provide telecommunications services for a greater number of consumers at competitive rates, and promote competition in the interstate long distance telecommunications market. 2 5 Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S. W., Room CY- A257, Washington, D. C. 20554. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S. W., Room CYB402, Washington, D. C. 20554, telephone: (202) 488- 5300, fax: (202) 488- 5563, or via e-mail www. bcpiweb. com. For further information, please contact Cecilia Seppings at (202) 418- 1588, or Dennis Johnson at (202) 418- 0809. - FCC - 5