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Comment Sought on Domestic 214 Transfer of assets of ITG to iTalk

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Released: February 19, 2014

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-213

Released: February 19, 2014

DOMESTIC SECTION 214 APPLICATION FILED FOR

THE ACQUISITION OF ASSETS OF ITG, INC. BY iTALK, INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 14-24

Comments Due: March 5, 2014
Reply Comments Due: March 12, 2014

On January 29, 2014, ITG, Inc. (ITG) and iTalk, Inc. (iTalk) (together, Applicants) filed an
application pursuant to section 63.03 of the Commission’s rules1 to transfer assets of ITG to iTalk.
Applicants consummated this transaction without authority on June 5, 2013.2
ITG, a Texas corporation, is a wholly-owned subsidiary of DataJack, Inc., a Nevada corporation.
DataJack offers through its subsidiaries nationwide mobile broadband data transmission services.
Applicants state that iTalk, a Nevada corporation, develops retail voice and data communications services
for use with wireless devices but that it does not currently offer domestic telecommunications services.
They further state that no individual or entity own or controls more than 10 percent directly or indirectly
of iTalk. Pursuant to an Asset Purchase Agreement, dated June 5, 2013, Applicants undertook a
transaction whereby iTalk acquired those operations of ITG related to the provision of regulated
telecommunications services, including customer accounts.
Applicants state that the transaction did not result in any changes to the terms or conditions of
services of affected customers. 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 also filed an application for transfer of control associated with
authorizations 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 February 12, 2014.
2 On February 12, 2014, the Wireline Competition Bureau granted Applicants’ request for Special Temporary
Authority for a period of 60 days for authorization to continue to provide service pending approval of this
application. A grant of the application will be without prejudice to any enforcement action by the Commission for
non-compliance with the Communications Act of 1934, as amended, or the Commission’s rules. Letter from
Catherine Wang and Jeffrey R. Strenkowski, Counsel for iTalk, Inc., to Marlene H. Dortch, WC Docket No. 14-24
(filed Jan. 29, 2014).
3 47 C.F.R. § 63.03(b)(2)(i).

Domestic Section 214 Application Filed for the Acquisition of Assets of ITG, Inc. by
iTalk, Inc., WC Docket No. 14-24 (filed Jan. 29, 2014).

GENERAL INFORMATION

The transfer of control 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 March 5, 2014, and reply comments on or
before March 12, 2014.
Pursuant to section 63.52 of the Commission’s rules, 47 C.F.R. § 63.52,
commenters must serve a copy of comments on the Applicants no later than the above comment filing
date. Unless otherwise notified by the Commission, the Applicants may transfer control on the 31st day
after the date of this notice.4
Pursuant to section 63.03 of the Commission’s rules, 47 CFR § 63.03, parties to this proceeding
should file any documents in this proceeding using the Commission’s Electronic Comment Filing System
(ECFS): http://fjallfoss.fcc.gov/ecfs2/.

In addition, e-mail one copy of each pleading to each of the following

:
1) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,
tracey.wilson@fcc.gov;
2) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov;
3) Jim Bird, Office of General Counsel, jim.bird@fcc.gov.
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).
The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed


4 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in
connection with the proposed transaction.
5 47 C.F.R. §§ 1.1200 et seq.
2

consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize
themselves with the Commission’s ex parte rules.
For further information, please contact Tracey Wilson at (202) 418-1394 or Jodie May at
(202) 418-0913.
- FCC -
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