**DA 06-2504**

**Released: December 13, 2006**

**DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF
YAK COMMUNICATIONS (AMERICA) INC. FROM YAKTASTIC INC.**

**TO BLACKBIRD CORPORATION**

**STREAMLINED Pleading Cycle Established**

**WC Docket No. 06-222**

**Comments Due: December 27, 2006**

**Reply Comments Due: January 3, 2007**

On December 6, 2006, Yak Communications (America) Inc. (\"Yak
America\"), Yaktastic Inc. (\"Yaktastic\"), and Blackbird Corporation
("Blackbird") (collectively, \"Applicants\"), filed an application,
pursuant to section 63.04 of the Commission's rules,[^1] requesting
authority to transfer control of Yak America to Blackbird.[^2]

Applicants assert that this transaction is entitled to presumptive
streamlined treatment under section 63.03(b)(2)(i) of the Commission's
rules because, upon completion of the proposed transaction, (a)
Blackbird, as the Transferee, will have a market share in the
interstate, interexchange market of less than 10 percent, and (b)
Blackbird, as the Transferee, will provide competitive telephone
exchange services or exchange access services (if at all) exclusively in
areas served by a dominant local exchange carrier that is not a party to
the transaction, and (c) neither of the Applicants is dominant with
respect to any service.[^3]

Yak America, a Florida corporation, is authorized to provide and
provides resold interexchange telecommunications services in all of the
contiguous 48 states and the District of Columbia. The services offered
by Yak America include basic 1+ long distance services, 10-10 casual
calling services, and calling card services. Yak America has no
affiliates that offer domestic telecommunications. Yak America is a
direct, wholly-owned subsidiary of Yaktastic, Inc., a Delaware
corporation. Yaktastic is 100 percent owned by Anthony Lopez, a U.S.
citizen.

Blackbird, a Florida corporation, is 100 percent owned by Jose Cadi, a
U.S. citizen. Applicants state that neither Blackbird nor Mr. Cadi hold
any authorizations to provide telecommunications services, and neither
has a 10 percent or greater ownership interest in any company that
offers telecommunications services.

Pursuant to the terms of a Stock Purchase Agreement dated December 4,
2006 among Blackbird, Yaktastic, and Yak America, Blackbird will
purchase from Yaktastic all of the issued and outstanding shares of
capital stock of Yak America for a cash payment. As a result, Yak
America will become a direct, wholly-owned subsidiary of Blackbird.
Applicants state that the proposed transaction does not involve the
transfer of any operating authority, assets, or customers of Yak America
and that, immediately following the closing, Yak America will continue
to offer customers the same services at the same rate, terms, and
conditions. As a result, the only change will be that Yak America will
be owned by Blackbird and, ultimately, owned by Mr. Cadi.

Applicants state that the proposed transaction will serve the public
interest because Mr. Cadi will maintain and strengthen Yak America's
existing long distance business. Applicants further state that the
proposed transaction will be transparent to customers, and it will not
have a negative impact on competition because the transaction will not
result in the elimination of any competitors in the long distance
market.

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

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 of control
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 December 27, 2006** and **reply comments on or before January
3, 2007**.[^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.

```{=html}
<!-- -->
```
-   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-A103, Washington, D.C. 20554;
    email:
    [cecilia.seppings@fcc.gov](mailto:tracey.wilson-parker@fcc.gov);

(3) Jodie May, Competition Policy Division, Wireline Competition Bureau,
    445 12th Street, S.W., Room 5-C234, Washington, D.C. 20554; e-mail:
    jodie.may@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) James Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <james.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 Jodie May at (202) 418-0913.

**- FCC -**

[^1]: 47 C.F.R. §§ 63.03, 63.04; *see* 47 U.S.C. § 214.

[^2]: Applicants have also filed 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.

[^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.