Domestic Section 214 Krush Communications By Aggregato USA Inc
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: November 27, 2013
DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF CERTAIN
ASSETS OF KRUSH COMMUNICATIONS, LLC BY AGGREGATO USA INC.
STREAMLINED PLEADING CYCLE ESTABLISHED
WC Docket No. 13-272
Comments Due: December 11, 2013
Reply Comments Due: December 18, 2013
On October 25, 2013, Krush Communications, LLC (Krush) and Aggregato (USA) Inc.,
(Aggregato USA), (collectively, Applicants) filed an application pursuant to section 63.03 of the
Commission’s rules1 to transfer certain assets of Krush to Aggregato USA. Applicants consummated this
transaction without prior authorization from the Commission on September1, 2013.2
Krush, a privately held telecommunications company that provides long distance service on a
prepaid basis in California, Florida and Illinois. Aggregato USA, a Delaware corporation, provides
domestic long distance telecommunications services on a prepaid basis through its acquisition of Krush.
Aggregato USA is a wholly-owned subsidiary of Aggregato Global Limited (Aggregato Global) (100
percent). Aggregato Global is owned by AGMO Holdings Pty Limited (AGMO Holdings) (68 percent)
and M2 Telecommunications Group Limited (M2 Telecommunications) (32 percent), both Australian
entities. AGMO Holdings is a privately held company owned by the following Australian citizens: Ilario
Faenza (25.5 percent), Allan Ghiassi (30 percent), Alan Barakat (20 percent) and Keith Wilson (24.5
percent). M2 Telecommunications, Australia’s fourth largest telecommunications company, is a publicly
held company listed on the Australian Stock Exchange. None of M2 Telecommunications’ shareholders
hold an ownership and/or voting interest of ten percent or more in M2 Telecommunications.
On September 1, 2013, Aggregato USA acquired all of the assets of Krush, including Krush’s
licenses, authorizations, customer accounts and receivables, customers and vendor contracts and
47 C.F.R § 63.03; see 47 U.S.C. § 214. Applicants also filed an application 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 application on
November 27, 2013.
2 On November 26, 2013, 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 Joanna
G. Wallace, Counsel, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-272 (filed Nov. 19, 2013).
agreements, equipment, and intellectual property. Applicants state that all existing contracts and
procedures of Krush will remain in place. 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
Domestic Section 214 Application Filed for the Acquisition of Certain Assets of
Krush Communications, LLC by Aggregato USA Inc., WC Docket No. 13-272 (filed
October 25, 2013).
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 December 11, 2013, and reply comments on
or before December 18, 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.
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
In addition, e-mail one copy of each pleading to each of the following:
Myrva Charles, Competition Policy Division, Wireline Competition Bureau,
Dennis Johnson, Competition Policy Division, Wireline Competition Bureau,
David Krech, Policy Division, International Bureau, email@example.com; and
Jim Bird, Office of General Counsel, firstname.lastname@example.org.
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 email@example.com 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. 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
3 47 C.F.R. § 63.03(b)(2)(i).
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
For further information, please contact Myrva Charles at (202) 418-1506 or Dennis Johnson at
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