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 09-1043 Released: May 8, 2009 DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF NEXUSTEL, LLC TO GREENTEL, LLC STREAMLINED PLEADING CYCLE ESTABLISHED WC Docket No. 09-57 Comments Due: May 22, 2009 Reply Comments Due: May 29, 2009 On April 21, 2009, NexUStel, LLC (NexUStel), Nexitos, LLC (Nexitos), and Greentel, LLC (Greentel) (collectively, Applicants) filed an application pursuant to section 63.03 of the Commission’s rules seeking approval for the transfer of control of NexUStel to Greentel.1 NexUStel, a Delaware limited liability company, provides resold interstate telecommunications services to approximately 771 customers in Florida and in multiple other states. It is currently owned 100 percent by Nexitos, a Florida limited liability holding company that does not provide telecommunications services. Nexitos is owned by the following individuals, all citizens of Chile: Jorge A. Asecio (70 percent), Julio G. Alvarez (20 percent), and Sonia Varas (10 percent).2 Greentel, a Florida limited liability holding company, does not provide telecommunications services and is owned by Ramon Rojas (50 percent), who is a citizen of the Dominican Republic, and Luis Echevarria (50 percent), who is a citizen of the U.S. Nexitos and Greentel entered into a purchase agreement on January 30, 2009 whereby Greentel will acquire a 50% interest in NexUStel. As a result, both Nexitos and Greentel will each hold a 50% interest in NexUStel. 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.3 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 domestic section 214 application on May 6, 2009. 2 On December 18, 2008, Nexitos acquired from Cassara Acquisition Group, LLC, an investment holding company, 100% of the membership interest of NexUStel and became the managing member of NexUStel. Domestic Section 214 Application Filed for the Transfer of Control of NexUStel, LLC to Nexitos, LLC, WC Docket No. 09-53 (filed Apr. 9, 2009). 3 47 C.F.R. § 63.03(b)(2)(i). Domestic Section 214 Application Filed for the Transfer of Control of NexUStel, LLC to Greentel, LLC, WC Docket No. 09-57 (filed Apr. 21, 2009). GENERAL INFORMATION The transfer of assets identified herein has been found, upon initial review, to be acceptable for filing as a streamlined application. The Commission reserves the right to return any transfer 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 CFR § 63.03(a), interested parties may file comments on or before May 22, 2009, and reply comments on or before May 29, 2009. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day after the date of this notice.4 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) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov; 4) 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, 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). 4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in connection with the proposed transaction. For further information, please contact Tracey Wilson-Parker at (202) 418-1394 or Jodie May at (202) 418-0913. - FCC -