-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GoLzj/zubE5b+aHFbew2bzYC3CLHXNs+BD2ZodE4wnvO73RR7IYBKttqHjwqS2Lf cg5WHwK1a/lyBY020WHEhg== 0000950120-99-000346.txt : 19990923 0000950120-99-000346.hdr.sgml : 19990923 ACCESSION NUMBER: 0000950120-99-000346 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19990921 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19990922 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICG COMMUNICATIONS INC /DE/ CENTRAL INDEX KEY: 0001013240 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 841342022 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-11965 FILM NUMBER: 99714937 BUSINESS ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: PO BOX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80112 BUSINESS PHONE: 8004145000 MAIL ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: P O OX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80112 FORMER COMPANY: FORMER CONFORMED NAME: ICG HOLDINGS CANADA CO DATE OF NAME CHANGE: 19990226 FORMER COMPANY: FORMER CONFORMED NAME: ICG COMMUNICATIONS INC DATE OF NAME CHANGE: 19960430 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICG HOLDINGS CANADA CO /CO/ CENTRAL INDEX KEY: 0000786343 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 841128866 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-11052 FILM NUMBER: 99714938 BUSINESS ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: P O BOX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80155-6742 BUSINESS PHONE: 3034145431 MAIL ADDRESS: STREET 1: 161 INVERNESS DRIVE STREET 2: PO BOX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80155-6742 FORMER COMPANY: FORMER CONFORMED NAME: ICG HOLDINGS CANADA INC DATE OF NAME CHANGE: 19970225 FORMER COMPANY: FORMER CONFORMED NAME: INTERTEL COMMUNICATIONS INC DATE OF NAME CHANGE: 19930107 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICG HOLDINGS INC CENTRAL INDEX KEY: 0001001131 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 841128866 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 033-96540 FILM NUMBER: 99714939 BUSINESS ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: P O BOX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80155-6742 BUSINESS PHONE: 3034145000 MAIL ADDRESS: STREET 1: P O BOX 6742 STREET 2: SUITE 1610 CITY: ENGLEWOOD STATE: CO ZIP: 80155-6742 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICG FUNDING LLC CENTRAL INDEX KEY: 0001049902 STANDARD INDUSTRIAL CLASSIFICATION: [] IRS NUMBER: 841434980 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 333-40495-01 FILM NUMBER: 99714940 BUSINESS ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: P.O. BOX 6742 CITY: ENGLEWOOD STATE: CO ZIP: 80112 BUSINESS PHONE: 3034145000 MAIL ADDRESS: STREET 1: 161 INVERNESS DRIVE WEST STREET 2: P O BOX 6742 CITY: ENGELWOOD STATE: CO ZIP: 80155-6742 8-K 1 FORM 8-K SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ____________________ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported) September 22, 1999 ------------------ (September 21, 1999) -------------------- ICG COMMUNICATIONS, INC. ---------------------------------------------------------------- (Exact name of registrant as specified in charter) Delaware 1-11965 84-1342022 ---------------------------------------------------------------- (State of Incorporation) (Commission (IRS Employer File Number) Identification No.) 161 Inverness Drive West, Englewood, Colorado 80112 --------------------------------------------------- (Address of principal executive offices) ICG HOLDINGS (CANADA) CO. ---------------------------------------------------------------- (Exact name of registrant as specified in charter) Nova Scotia 1-11052 Not Applicable ----------------------------------------------------------------- (State of Incorporation) (Commission (IRS Employer File Number) Identification No.) 161 Inverness Drive West, Englewood, Colorado 80112 --------------------------------------------------- (Address of principal executive offices) ICG HOLDINGS, INC. ----------------------------------------------------------------- (Exact name of registrant as specified in charter) Colorado 33-96540 84-1158866 ----------------------------------------------------------------- (State of Incorporation) (Commission (IRS Employer File Number) Identification No.) 161 Inverness Drive West, Englewood, Colorado 80112 --------------------------------------------------- (Address of principal executive offices) ICG FUNDING, LLC ----------------------------------------------------------------- (Exact name of registrant as specified in charter) Delaware 333-40495 84-1434980 ----------------------------------------------------------------- (State of Incorporation) (Commission (IRS Employer File Number) Identification No.) 161 Inverness Drive West, Englewood, Colorado 80112 --------------------------------------------------- (Address of principal executive offices) Registrants' telephone numbers, including area codes (888) 424- ---------- 1144 and (303) 414-5000 ----------------------- ITEM 5. OTHER EVENTS. ------ ------------ In a press release dated September 21, 1999, ICG Communications, Inc. ("ICG") announced that, based upon a September 16, 1999 arbitration decision by the California Public Utility Commission in a matter between Pacific Bell and MFS/WorldCom, ICG believes that its third quarter results of operations may include a provision of approximately $50 million for potentially uncollectible receivables from tandem switching and common transport rate elements previously billed to Regional Bell Operating Companies ("RBOCs"). A copy of the press release is attached. ITEM 7. Exhibits. ------ -------- (c) Exhibits -------- 99.1 Press Release, dated September 21, 1999. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized. Dated: September 21, 1999 ICG COMMUNICATIONS, INC. By:/s/ H. Don Teague --------------------------- H. Don Teague Executive Vice President, General Counsel and Secretary ICG HOLDINGS (CANADA) CO. By: /s/ H. Don Teague --------------------------- H. Don Teague Executive Vice President, General Counsel and Secretary ICG HOLDINGS, INC. By: /s/ H. Don Teague -------------------------- H. Don Teague Executive Vice President, General Counsel and Secretary ICG FUNDING, LLC By: /s/ H. Don Teague --------------------------- H. Don Teague Executive Vice President, General Counsel and Secretary EXHIBIT INDEX -------------- Exhibits Description -------- ----------- 99.1 Press Release, dated September 21, 1999. EX-99 2 EXHIBIT 99.1 EXHIBIT 99.1 COMPANY PRESS RELEASE CALIFORNIA PUBLIC UTILITIES COMMISSION RULES ON RECIPROCAL COMPENSATION ENGLEWOOD, Colo., Sept. 21, 1999--On September 16, 1999, the California Public Utility Commission (CPUC) rendered a decision in the arbitration of a new interconnection agreement between Pacific Bell and MFS/WorldCom. In this case, the CPUC ruled only against competitive local exchange carrier MFS's argument that it should be allowed to charge reciprocal compensation rates for tandem switching and common transport while preserving the end office element. In keeping with the FCC's February 1999 ruling, and consistent with many other state public utility commissions, the CPUC reaffirmed its interpretation of Internet service provider-bound traffic as subject to reciprocal compensation end office switching rates. Based on the CPUC's decision, ICG Communications, Inc., today announced it believes the collection of certain receivables for tandem switching and common transport rate elements previously billed to Regional Bell Operating Companies may be uncollectible. Because some state regulators might adopt reasoning similar to California, ICG has included receivables from other states. Accordingly, ICG believes that its third quarter results may include a provision of approximately $50 million for these potentially uncollectible receivables which represent approximately 37 percent of ICG's cumulative reciprocal compensation revenue through second quarter 1999. ICG will continue to pursue collection of these receivables, despite any provision. "Although we wish the decision would have included the transportion and tandem rate elements of reciprocal compensation, we are pleased that the CPUC once again validated that ISP-bound traffic is subject to end office switching rates," said J. Shelby Bryan, chairman and chief executive officer of ICG. "While we expect this recent decision to impact our reported 1999 financial results, our 2000 business plan and associated revenue remain intact as our 2000 plan does not include any revenue from tandem switching and common transport rate elements. We are on course to capture the enormous market opportunities available in serving Internet service providers, business customers and interexchange carriers through our highly valuable facilities- based network." About ICG Communications With headquarters in Englewood, Colo., ICG Communications, Inc. (NASDAQ: ICGX) is a competitive telecommunications provider of high-quality, integrated communications solutions. ICG offers local, long distance and enhanced telephony, and data communications to small- and medium-sized businesses in California, Colorado, Ohio, Texas, and the Southeastern United States. The company also provides high-speed data network capabilities and services to Internet service providers throughout the United States, using ICG's nationwide network. For further information on ICG, visit the company's Web site at http://www.icgcom.com. Information and statements contained in this press release contain, expressed or implied, forward-looking disclosures that are based on the beliefs of management as well as assumptions made based on information currently available to management. These forward-looking statements and information involve risks and uncertainty, including, but not limited to, future demand for the company's services, general economic conditions, government regulations, competition and customer strategies, capital deployment, the impact of pricing and other risks and uncertainties. Should one or more of these risks materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those described herein as anticipated, believed, estimated, or expected. These risks are detailed from time to time in various reports filed by ICG with the SEC, including Form 10-K filed by ICG for the fiscal year ended December 31, 1998, Forms 10-Q filed for the quarters ended March 31 and June 30, 1999. Contact: ICG Communications, Inc. Kate Varden, 303/414-5388 (Vice President, Corporate Communications) -----END PRIVACY-ENHANCED MESSAGE-----