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Comments Sought on Domestic 214 Tranfer of NISI to CLOOT

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Released: November 26, 2013
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

445 12th St., S.W.

Washington, D.C. 20554

DA 13-2263

Released: November 26, 2013

DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF

NI SATELLITE, INC. TO CLOOT INC.

STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 13-292

Comments Due: December 10, 2013

Reply Comments Due: December 17, 2013

On November 21, 2013, NI Satellite, Inc. (NISI) and CLOOT Inc. (CLOOT) (together,

Applicants) filed an application pursuant to section 63.03 of the Commission’s rules1 to transfer control of

NISI to CLOOT.

NISI, a Florida corporation, provides telecommunications services across the United States

primarily by reselling mobile satellite voice and data services. NISI is a wholly owned subsidiary of

GMPCS Personal Communications, Inc. (GMPCS), a Delaware corporation that resells mobile satellite

voice and data services. GMPCS is a wholly owned subsidiary of Network Terracom, Inc. (NTI), a

Nevada holding company. NTI is a wholly owned subsidiary of Network Innovations Inc., a Canadian

corporation owned by the Harkema Family Trust, whose beneficiaries are Timothy and Andrew Harkema

and their children, Canadian citizens. CLOOT, a Delaware corporation, does not currently provide

telecommunications services. Michael Huisman, a U.S. citizen, owns 90.1 percent of CLOOT and is not

currently engaged in the provision of telecommunications services.

Pursuant to the terms of the proposed transaction agreement, CLOOT will purchase 100 percent

of NISI. Applicants assert that the proposed transaction is entitled to presumptive streamlined treatment

under section 63.03(b)(1)(ii) of the Commission’s rules and that a grant of the application will serve the

public interest, convenience, and necessity.2

Domestic Section 214 Application Filed for the Transfer of Control of NI Satellite, Inc. to

CLOOT Inc., WC Docket No. 13-292 (filed Nov. 21, 2013).

1

47 C.F.R § 63.03; see 47 U.S.C. § 214.

2 47 C.F.R. § 63.03(b)(1)(ii).

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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 December 10, 2013, and reply comments on

or before December 17, 2013.

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.3

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.4

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

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.

3 Such authorization is conditioned upon receipt of any other necessary approvals from the Commission in

connection with the proposed transaction.

4 47 C.F.R. §§ 1.1200 et seq.

2

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For further information, please contact Tracey Wilson at (202) 418-1394 or Jodie May at

(202) 418-0913.

- FCC -

3

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