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Domestic Section 214 Krush Communications By Aggregato USA Inc

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Released: November 27, 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 13-2288

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

1

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).

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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).

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 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

(ECFS): http://fjallfoss.fcc.gov/ecfs2/.

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

1)

Myrva Charles, Competition Policy Division, Wireline Competition Bureau,

myrva.charles@fcc.gov;

2)

Dennis Johnson, Competition Policy Division, Wireline Competition Bureau,

dennis.johnson@fcc.gov;

3)

David Krech, Policy Division, International Bureau, david.krech@fcc.gov; and

4)

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. 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).

2

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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.

For further information, please contact Myrva Charles at (202) 418-1506 or Dennis Johnson at

(202) 418-0809.

- FCC -

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