**DA 06-1879**

**Released: September 15, 2006**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE ACQUISITION OF ASSETS
OF YESTEL, INC. TO TTUSA ACQUISITION, INC.**

**STREAMLINED Pleading Cycle Established**

> **WC Docket No. 06-139**

**Comments Due: September 29, 2006**

**Reply Comments Due: October 6, 2006**

On July 11, 2006, Yestel, Inc. (\"Yestel\") and TTUSA Acquisition
(\"TTUSA\") (together, the "Applicants"), filed an application, pursuant
to section 63.04 of the Commission's rules,[^1] requesting authority to
consent to transfer control of certain assets of Yestel to TTUSA.[^2]

Applicants submit that this transaction is entitled to presumptive
streamlined treatment under 63.03(b)(2)(i) of the Commission's rules
because (i) Yestel, as the transferee, will hold less than a ten percent
(10%) share of the interstate, interexchange market; (ii) Yestel, as the
transferee, will provide competitive telephone exchange services or
exchange access services, if at all, exclusively in geographic areas
served by dominant local exchange carriers (none of which are a party to
the proposed transactions) and; (iii) neither of the Applicants is
dominant with respect to any service.[^3]

Yestel, a California corporation, holds section 214 authority to provide
domestic and international telecommunications services. Yestel provides
competitive resold long distance services to residential customers in
the states of California, Colorado, Florida, Iowa, Kansas, Kentucky,
Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina,
Texas, Virginia, and Washington. Yestel is owned entirely by the
following U.S. citizens: Robert Wu, (50%); and Shu Hwa Chen (50%). There
is no other person or entity which has a 10% or greater interest in
Yestel.

TTUSA is a California corporation with 100% of its common stock owned by
Times Telecom (USA), Inc. TTUSA does not currently hold a 214
certificate. Times Telecom (USA), Inc., a California corporation, is
wholly-owned by Times Telecom Inc. Times Telecom Inc. is a Canadian
corporation that is wholly-owned by Key West Global Telecommunications
Berhad (Key West), a Malaysian corporation. The following entities own
at least 10 percent of Key West: B-Network Co., Ltd. (22.66%), a British
Virgin Islands corporation, and Alfred Yong Kah Soon (22.57%), a
Malaysian citizen) (13.97% of the shares of which are pledges securities
for Alfred Yong Kah Soon by Ambank (M) Berhad, Malaysia citizenship)), a
Malaysian corporation, hold controlling interests in Key West. Key West
Communications (USA) Inc., an indirect subsidiary of Key West, provides
wholesale termination of voice and data traffic to Tier 1 and Tier 2
carriers. No other Key West entities provide domestic 214 service.

The Application seeks Commission consent to transfer certain
telecommunications assets, including but not limited to, Yestel's
customer premise equipment, computers, phones and long distance customer
accounts to TTUSA. Following consummation of the transaction, Applicants
will transfer 214 authority from Yestel to TTUSA. TTUSA will continue to
provide services to Yestel's customers.

The Applicants state that the proposed transaction serves the public
interest by ensuring continuity of service to Yestel customers, and will
enhance the ability of Yestel's customers to receive a broader range of
innovative products and services. Applicants contend that the
Acquisition will serve to enhance the overall capability of TTUSA to
compete in the marketplace, provide telecommunications services for a
greater number of consumers at competitive rates, and promote
competition in the interstate long distance telecommunications market.

**[GENERAL INFORMATION]{.underline}**

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 of assets
application if, upon further examination, it is determined to be
defective and not in conformance with the Commission's rules and
policies. Pursuant to sections 1.415 and 1.419 of the Commission's
rules, 47 CFR §§ 1.415, 1.419, interested parties may file **comments on
or before September 29, 2006** and **reply comments on or before October
6, 2006**.[^4] Unless otherwise notified by the Commission, Applicants
are permitted to transfer the assets and related control on the 31^st^
day after the date of this notice.[^5] Comments may be filed using: (1)
the Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper copies.
*See Electronic Filing of Documents in Rulemaking Proceedings*, 63 FR
24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](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.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of [before]{.underline} entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

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).

**You may submit comments, identified by the above noted docket number,
by any of the following methods:**

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   Federal Communications Commission's Web Site:
    <http://www.fcc.gov/cgb/ecfs/>. Follow the instructions for
    submitting comments.

-   People with Disabilities: Contact the FCC to request reasonable
    accommodations (accessible format documents, sign language
    interpreters, CART, etc.) by e-mail: <FCC504@fcc.gov> or phone:
    202-418-0530 or TTY: 202-418-0432.

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: (202) 488-5300
    fax: (202) 488-5563;

(2) Cecilia Seppings, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-C230, Washington, D.C. 20554;
    email: <cecilia.seppings@fcc.gov>;

(3) Dennis Johnson, Competition Policy Division, Wireline Competition
    Bureau, 445 12th Street, S.W., Room 5-B155, Washington, D.C. 20554;
    e-mail: <dennis.johnson@fcc.gov>;

(4) Susan O'Connell, Policy Division, International Bureau, 445 12th
    Street, S.W., Room 7-B544, Washington, D.C. 20554; email:
    [susan.o'connell@fcc.gov](mailto:cynthia.bryant@fcc.gov); and

(5) Jim Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <jim.bird@fcc.gov>.

Filings and comments are also 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 CYB402, Washington, D.C. 20554, telephone: (202) 488-5300,
fax: (202) 488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

For further information, please contact Cecilia Seppings at (202)
418-1588, or Dennis Johnson at (202) 418-0809.

\- **FCC** -![](media/image2.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: 47 C.F.R § 63.04; *see* 47 U.S.C. § 214.

[^2]: Applicants are also filing an application for transfer of control
    associated with authorization for international services. Any action
    on this domestic 214 application is without prejudice to Commission
    action on other related, pending applications. Applicants filed
    three amendments to their original domestic application. *See*
    Letter from Leon L. Nowalsky, Nowalsky, Bronston, and Gothard, to
    Marlene H. Dortch, Secretary, Federal Communications Commission, WC
    Docket No. 06-139 (filed September 14, 2006); Letter from Leon L.
    Nowalsky, Nowalsky, Bronston, and Gothard, to Marlene H. Dortch,
    Secretary, Federal Communications Commission, WC Docket No. 06-139
    (filed September 12, 2006); Letter from Leon L. Nowalsky, Nowalsky,
    Bronston, and Gothard, to Marlene H. Dortch, Secretary, Federal
    Communications Commission, WC Docket No. 06-139 (filed September 5,
    2006).

[^3]: 47 C.F.R. § 63.03(b)(2)(i).

[^4]: *See* 47 C.F.R. § 63.03(a).

[^5]: Such authorization is conditioned upon receipt of any other
    necessary approvals from the Commission in connection with the
    proposed transaction.