10. Motions to Expedite Approval

Pursuant to Rule 11.1, on April 5, 2011, GC Pivotal filed a motion to expedite approval of its application for a CPCN. Applicant represents that such expedited treatment is needed in order that GC Pivotal will have all necessary regulatory approvals prior to the closing date of the sale of substantially all assets of the jointly-administered Global Capacity debtors, including direct and indirect subsidiaries of Capital Growth Systems, Inc., to Pivotal Global Capacity, LLC or its wholly-owned subsidiary assignee GC Pivotal, LLC. The Bankruptcy Court for the District of Delaware approved the sale on January 26, 2011. On May 2, 2011, GC Pivotal filed an amendment to its initial motion for expedited approval providing additional information in support of expedited treatment, in particular a target date of May 17, 2011 for exit from Chapter 11 protection under the United States Bankruptcy Code. We find that expedited approval is in the best interest of GC Pivotal's customers and hereby grant Applicant's motions by issuance of this decision. However, given the late filing date of the amended motion, we are unable to provide expedited approval in advance of GC Pivotal's May 17, 2011 exit deadline.