1. Parties to the Transition
West Corporation (West) is a corporation organized under the laws of Delaware. The principal place of business of West is 11808 Miracle Hills Drive, Omaha, NE 68154. West is a provider of technology-driven voice and data solutions. West's subsidiaries collectively provide primarily non-regulated service in the U.S. as well as in Europe, Asia, and other regions of North America. Through its subsidiaries, West provides a broad range of communications and network infrastructure solutions to business customers throughout the United States and globally. These services include conferencing and other meeting replacement services, alerts and notification services, emergency communications services, automated call processing, interconnected Voice over Internet Protocol (VoIP) services, and agent-based services such as inbound customer care, customer acquisition and retention, and collection of receivables. The voice and data solutions of West's subsidiaries are deployed in a variety of industries, including telecommunications, banking, retail, financial services, technology and healthcare. The vast majority of these services are information services or services other than communications services. West and the West subsidiaries do not own fiber, indefeasible rights of use, or other transmission facilities. Rather, they lease transmission lines (including access circuits) from other carriers. West itself does not conduct business in California, except through those of its subsidiaries that are qualified to conduct business in California. West does not hold any telecommunications regulatory authority.
West's majority owner is Thomas H. Lee (THL). THL holds an aggregate interest of approximately 60 percent in West. THL is a private equity firm, with principal offices at 100 Federal St., 35th Floor, Boston, MA 02110. Applicants assert that THL's investment strategy is to acquire substantial ownership positions in large growth-oriented companies where THL can contribute managerial and strategic expertise to create value. Applicants assert that, since 1974, THL has raised in the neighborhood of $22 billion of equity capital and has invested in over 100 businesses with an aggregate purchase price of more than $125 billion.
HyperCube Telecom, LLC (HyperCube) is a limited liability company organized under the laws of Delaware. Its principal place of business is 3200 W. Pleasant Run Road, Suite 300, Lancaster, TX 75146. HyperCube is a wholly-owned subsidiary of HyperCube, LLC (Parent). HyperCube provides wholesale local and national tandem switching and transport services, termination services, toll-free origination services, and Direct Inbound Dial services. HyperCube's customers are telecommunications and information service providers, including wireless carriers, wireline competitive local exchange carriers and interexchange carriers, cable telephony providers, and VoIP providers. HyperCube provides service to its customers using its nationwide optical backbone network that is both internet protocol and time division multiplexed based. While HyperCube owns and operates its own network equipment, it does not own fiber, indefeasibility rights of use, or other transmission facilities. Rather, HyperCube leases transmission lines (including access circuits) from other carriers. HyperCube's services are currently available in 43 states and the District of Columbia. HyperCube holds blanket domestic Section 214 authority as well as international Section 214 authority from the Federal Communications Commission. In addition, HyperCube holds certificates to provide local exchange and/or intrastate interexchange services in 43 states and the District of Columbia. In California, HyperCube is authorized to provide local and interexchange service on a resale and limited facilities basis pursuant to Decision (D.) 01-11-049.2
Rubik Acquisition Company, LLC (Rubik) is a wholly-owned subsidiary of West, formed solely for the purpose of acquiring the indirect interests in HyperCube. The principal place of business of Rubik is located at 11808 Miracle Hills Drive, Omaha, NE 68154.
2 The Certificate granted in D.01-11-049 was originally granted in the name of KMC Data, LLC. Upon completion of the acquisition of KMC Data, LLC by Parent, see D.06-04-069, KMC Data, LLC's name was changed to HyperCube Telecom, LLC. See Advice Letter No. 6 - Name Change of KMC Data, LLC to Hypercube Telecom, LLC - Utility No. U-6592-C (dated Sept. 12, 2008).
