PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 10-1111 Released: June 22, 2010 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF AMERICAN FIBER NETWORK, INC. FROM MOBILEPRO CORPORATION TO NEW EARTHSHELL CORPORATION STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 10-106 Comments Due: July 6, 2010 Reply Comments Due: July 13, 2010 On April 12, 2010, New Earthshell Corporation (NEC), American Fiber Network, Inc. (AFN) and MobilePro Corporation (MobilePro) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules to transfer control of AFN from MobilePro to NEC.1 MobilePro, a Delaware corporation, wholly owns AFN, which is also a Delaware corporation. AFN provides local and long distance service in the states of Arizona, Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia (as AFN of Virginia, Inc.), Washington, Wisconsin, and Wyoming. Upon closing of the proposed transaction, AFN will become a wholly owned subsidiary of NEC. NEC, a Delaware corporation, is a wholly-owned subsidiary of YA Global Investments, L.P. (YA Global), a Cayman Island exempt limited partnership. The following partners holding a 10 percent or greater interest in YA Global: YA Offshore Global Investments, Ltd (47.56%) and YA Offshore SPV 309 Ltd (13.23%), both Cayman Island limited companies. The General Partner of YA Global is Yorkville Advisors GP LLC (Yorkville Advisors), which is owned by the following U.S. citizens: Mark Angelo (50%), Gerald Eicke; David Gonzalez; and Matt Beckham. Applicants state that decisions for YA Global are made by Yorkville Advisors. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment under section 63.03(b)(2)(i) of the Commission’s rules and that a grant of the application will serve the public interest, convenience, and necessity.2 1 47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants are also filing applications for transfer of control associated with authorization for international services. Any action on this domestic section 214 application is without prejudice to Commission action on other related, pending applications. Applicants filed a supplement to their applications on June 18, 2010. 2 47 C.F.R. § 63.03(b)(2)(i). Domestic Section 214 Application Filed for the Transfer of Control of American Fiber Network, Inc. from MobilePro Corporation to New Earthshell Corporation, WC Docket No. 10-106 (filed April 12, 2010). GENERAL INFORMATION The Wireline Competition Bureau finds, upon initial review, that the transfer of control identified herein is acceptable for filing as a streamlined application. The Commission reserves the right to return any transfer of control application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies. Pursuant to section 63.03(a) of the Commission’s rules, 47 C.F.R. § 63.03(a), interested parties may file comments on or before July 6, 2010, and reply comments on or before July 13, 2010. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.3 Comments must be filed electronically using (1) the Commission’s Electronic Comment Filing System (ECFS) or (2) the Federal Government’s e-Rulemaking Portal. See 47 C.F.R. § 63.03(a) (“All comments on streamlined applications shall be filed electronically . . . .”); Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Comments may be filed electronically using the Internet by accessing the ECFS, http://www.fcc.gov/cgb/ecfs/, or the Federal e-Rulemaking Portal, http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. In addition, e-mail one copy of each pleading to each of the following: 1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., fcc@bcpiweb.com; phone: (202) 488-5300; fax: (202) 488-5563; 2) Tracey Wilson-Parker, Competition Policy Division, Wireline Competition Bureau, tracey.wilson-parker@fcc.gov; 3) Dennis Johnosn, Competition Policy Division, Wireline Competition Bureau, dennis.johnosn@fcc.gov; 4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and 5) Jim Bird, Office of General Counsel, jim.bird@fcc.gov. Filings and comments are 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, 3 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554; telephone: (202) 488-5300; fax: (202) 488-5563; e-mail: fcc@bcpiweb.com; url: www.bcpiweb.com. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). For further information, please contact Tracey Wilson-Parker at (202) 418-1394 or Dennis Johnson at (202) 418-0809. -FCC-