*Pages 1--4 from C:\Pdf2Text\Ready4Text_in\pdf\50268.pdf* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S. W. WASHINGTON D. C. 20554 News media information 202- 418- 0500 Fax- On- Demand 202- 418- 2830; Internet: http:// www. fcc. gov (or ftp. fcc. gov) TTY (202) 418- 2555 Friday July 15, 2005 TEL- 00928S Report No. SECTION 214 APPLICATIONS (47 C. F. R. § 63.18); CABLE LANDING LICENSE APPLICATIONS (47 C. F. R. § 1.767) REQUESTS TO AUTHORIZE SWITCHED SERVICES OVER PRIVATE LINES (47 C. F. R. § 63.16); SECTION 310( B)( 4) REQUESTS STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C. F. R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U. S. C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/ or (b) to become a facilities- based international common carrier; and/ or (c) to become a resale- based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C. F. R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit- but- disclose proceedings." See 47 C. F. R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are (1) for authority under Section 310( b)( 4) of the Communications Act, 47 U. S. C. § 310( b)( 4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees, or (2) under Section 63.16 of the rules, to add a foreign market to the list of markets for which carriers may provide switched services over private lines. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY- A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418- 0270. All applications listed are subject to further consideration and review, and may be returned and/ or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 4 1 ITC- 214- 20050706- 00244 E Global or Limited Global Facilities- Based Service, Global or Limited Global Resale Service Service( s): Application for authority to provide facilities- based service in accordance with Section 63.18( e)( 1) of the rules and also to provide service in accordance with Section 63.18( e)( 2) of the rules. International Telecommunications Certificate Telco Digital, LLC ITC- 214- 20050706- 00245 E Global or Limited Global Resale Service Service( s): Application for authority to provide service in accordance with Section 63.18( e)( 2) of the rules. International Telecommunications Certificate Ledatel, Inc. ITC- 214- 20050706- 00247 E Global or Limited Global Facilities- Based Service, Global or Limited Global Resale Service Service( s): Application for authority to provide facilities- based service in accordance with Section 63.18( e)( 1) of the rules and also to provide service in accordance with Section 63.18( e)( 2) of the rules. International Telecommunications Certificate Dollar Phone Intl., LTD. ITC- 214- 20050712- 00250 E Global or Limited Global Resale Service Service( s): Application for authority to provide service in accordance with Section 63.18( e)( 2) of the rules. International Telecommunications Certificate COMMUNICATIONS INTEGRATED INC. ITC- 214- 20050712- 00251 E Global or Limited Global Facilities- Based Service, Global or Limited Global Resale Service Service( s): Other Companies: None. Application for authority to provide facilities- based service in accordance with Section 63.18( e)( 1) of the rules and also to provide service in accordance with Section 63.18( e)( 2) of the rules. International Telecommunications Certificate NIT LIMITED CORP. ITC- ASG- 20050525- 00198 E TO: Application for consent to assign the international section 214 authorization, ITC- 214- 19940624- 00006, held by Empire One Telecommunications Inc., Debtor- in- Possession (" EOT- DIP") to Empire One Telecommunications, Inc. (" EOT"). Grant of the above- referenced application authorizes EOT- DIP to emerge from Chapter 11 bankruptcy under the ownership and control of Fonix Corporation (" Fonix"). Fonix proposes to acquire 100 percent ownership of the reorganized EOT, which will become a wholly- owned subsidiary of Fonix. EOT emerged from bankruptcy in December, 2002, after approval of a plan of reorganization (" Plan") by the U. S. Bankruptcy Court for the Southern District of New York. Implementation of the plan effectuated a transfer of control of EOT- DIP for which the carrier failed to obtain prior approval from the FCC. Consummation of the merger agreement entered into between EOT and Fonix will result in a transfer of ownership and control from EOT's current, unauthorized shareholders to Fonix. Empire One Telecommunications, Inc. FROM: Current Licensee: Empire One Telecommunications, Inc. Empire One Telecommunications, Inc., Debtor In Possession Assignment Empire One Telecommunications, Inc. ITC- ASG- 20050616- 00230 E TO: Application for consent to assign substantially all of the assets of AkronCanton Communications, Inc. (" AkronCanton") related to its communications business in Ohio, including its customer base, to First Communications, LLC (" First Communications"). AkronCanton will retain its international section 214 authorization, ITC- 214- 19990830- 00545. First Communications will continue to provide international service under its international section 214 authorization granted in File No. ITC- ASG- 20011001- 00509. AkronCanton Communications, Inc. FROM: Current Licensee: First Communications, LLC AkronCanton Communications, Inc. Assignment First Communications, LLC Page 2 of 4 2 ITC- ASG- 20050630- 00243 E TO: Application for consent to assign substantially all of the assets, including customer accounts, of Universal Access, Inc., Debtor in Possession (" UAI- DIP"), to Vanco Direct USA, LLC (" Vanco"). This application is filed pursuant to an Asset Purchase Agreement approved in May 2005 by the U. S. Bankruptcy Court for the Northern District of Illinois, Eastern Division. UAI- DIP will retain its international section 214 authorization, ITC- 214- 19990811- 00546, and will surrender that authorization after closing. Vanco will continue to provide international service under its international section 214 authorization granted in File No. ITC- 214- 20050331- 00136. Universal Access, Inc., Debtor in Possession FROM: Current Licensee: Vanco Direct USA, LLC Universal Access, Inc., Debtor In Possession Assignment Vanco Direct USA, LLC ITC- T/ C- 20050603- 00209 E TO: Application for consent to the transfer of de jure control of the international section 214 authorizations, ITC- 214- 19980918- 00671 and ITC- 214- 19981207- 00860, held by American Samoa License, Inc. (" ASL") from R. Allen Stanford to the shareholders of eLandia Solutions, Inc. (" Solutions"). Upon consummation of several proposed transactions, Solutions will acquire 100 percent ownership of AST Telecom, LLC (" AST"), which, in turn, wholly owns ASL. AST currently is an affiliate of Solutions, with both companies under the indirect de jure and de facto control of Mr. Stanford. The indirect ownership interest of Mr. Stanford in ASL will decline from 69.28% (his current indirect ownership interest in AST) to 43.80% (his proposed indirect ownership interest in Solutions). According to the application, Mr. Stanford will continue to have de facto control of ASL, AST and Solutions after closing. R ALLEN STANFORD FROM: Current Licensee: R ALLEN STANFORD American Samoa License, Inc. Transfer of Control American Samoa License, Inc. ITC- T/ C- 20050603- 00210 E TO: Application for consent to the transfer of de jure control of the international section 214 authorization, ITC- 214- 20040824- 00350, held by eLandia Technologies, Inc. (" eTI") from R. Allen Stanford to the shareholders of eLandia Solutions, Inc. (" Solutions"). eTI is a direct, wholly- owned subsidiary of eLandia Solutions, Inc. (" Solutions"). Mr. Stanford currently owns an indirect 59.71% interest in Solutions. Upon consummation of several proposed transactions, the indirect ownership interest of Mr. Stanford in Solutions will decline from 59.71% to 43.80%. According to the application, Mr. Stanford will continue to have de facto control of eTI and Solutions after closing. R ALLEN STANFORD FROM: Current Licensee: R ALLEN STANFORD eLandia Technologies, Inc. Transfer of Control eLandia Technologies, Inc. ITC- T/ C- 20050609- 00217 E TO: Application for consent to transfer control of the international section 214 authorization, ITC- 214- 19960116- 00008, held by A. R. C. Networks, Inc. (" ARC Networks"), from its ultimate and direct parent, InfoHighway Communications Corporation (" InfoHighway"), to Eureka Broadband Corporation (" Eureka Parent"). Pursuant to an Agreement and Plan of Merger, InfoHighway will become a direct wholly- owned subsidiary of Eureka Parent. ARC Networks, in turn, will become an indirect wholly- owned subsidiary of Eureka Parent. InfoHighway Communications Corporation FROM: Current Licensee: Eureka Broadband Corporation A. R. C. Networks, Inc. Transfer of Control A. R. C. Networks, Inc. INFORMATIVE ITC- 214- 20050620- 00225 Ondis Network, Inc. dba Ondis Networks, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12( c)( 4) of the Commission's rules. Page 3 of 4 3 REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/ or state courts under authority granted in 21 U. S. C. § 862. See 47 C. F. R. §§ 1.2001-. 2003. A current version of Section 63.09-. 24 of the rules, and other related sections, is available at http:// www. fcc. gov/ ib/ td/ pf/ telecomrules. html. Page 4 of 4 4