-----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, Q6DK97+br4BdEMUKqPoqhQrgnNJu6JxIBMdQZK75S9WCED/rLoFE8O70zsVLS/T3 A5OvgCqdo+75pKfVrEJHOQ== 0000935836-08-000588.txt : 20081216 0000935836-08-000588.hdr.sgml : 20081216 20081216140243 ACCESSION NUMBER: 0000935836-08-000588 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20081216 DATE AS OF CHANGE: 20081216 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FIBERNET TELECOM GROUP INC\ CENTRAL INDEX KEY: 0001001868 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 133859938 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-56267 FILM NUMBER: 081251988 BUSINESS ADDRESS: STREET 1: 570 LEXINGTON AVENUE STREET 2: 3RD FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2124056200 MAIL ADDRESS: STREET 1: 570 LEXINGTON AVENUE STREET 2: 3RD FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 FORMER COMPANY: FORMER CONFORMED NAME: DESERT NATIVE DESIGNS INC DATE OF NAME CHANGE: 19960517 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: WC CAPITAL MANAGEMENT LLC CENTRAL INDEX KEY: 0001206633 IRS NUMBER: 000000000 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G MAIL ADDRESS: STREET 1: 300 DRAKES LANDING RD STREET 2: STE 230 CITY: GREENBRAE STATE: CA ZIP: 94904 SC 13G 1 sched13g.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

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SCHEDULE 13G

Under the Securities Exchange Act of 1934
(Amendment No. ___________)

FiberNet Telecom Group, Inc.

     

(Name of Issuer)

Common Stock

     

(Title of Class of Securities)

315653402

     

(CUSIP Number)

April 25, 2008

     

(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
 
[ X ]     Rule 13d-1(b)
 

[ X ]     Rule 13d-1(c)
 
[    ]     Rule 13d-1(d)
 
* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
 
The information required in the remainder of this cover page shall not be deemed to be 'filed' for the purpose of Section 18 of the Securities Exchange Act of 1934 ('Act') or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
 

Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
 
 

SEC     Page 1 of 7


CUSIP No. 315653402

     

1.     Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).

Aaron Braun

     

2.     Check the Appropriate Box if a Member of a Group (See Instructions)

(a)               

(b)           X     

     

3.     SEC Use Only                                                   

     

4.     Citizenship or Place of Organization      United States

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With:

5.     Sole Voting Power          0

6.     Shared Voting Power          389,893

7.     Sole Dispositive Power          0

8.     Shared Dispositive Power     389,893

9.     Aggregate Amount Beneficially Owned by Each Reporting Person     389,893

     

10.     Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See
Instructions)     ______

     

11.     Percent of Class Represented by Amount in Row (9)     5.1%

     

12.     Type of Reporting Person (See Instructions)     IN, HC

     

Page 2 of 7


CUSIP No. 315653402

     

1.     Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).

WC Capital Management, LLC

     

2.     Check the Appropriate Box if a Member of a Group (See Instructions)

(a)               

(b)           X     

     

3.     SEC Use Only                                                   

     

4.     Citizenship or Place of Organization      California

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With:

5.     Sole Voting Power          0

6.     Shared Voting Power          389,893

7.     Sole Dispositive Power          0

8.     Shared Dispositive Power     389,893

9.     Aggregate Amount Beneficially Owned by Each Reporting Person     389,893

     

10.     Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See
Instructions)     ______

     

11.     Percent of Class Represented by Amount in Row (9)     5.1%

     

12.     Type of Reporting Person (See Instructions)     OO, IA

     

Page 3 of 7


CUSIP No. 315653402

Item 1.

(a)     Name of Issuer

FiberNet Telecom Group, Inc.
     

(b)     Address of Issuer's Principal Executive Offices

220 West 42nd Street, New York, NY 10036
     

Item 2.
 

(a)     

The names of the persons filing this statement are:

Aaron Braun
                                                        


WC Capital Management, LLC Braun ('WC')
                                                       

(collectively, the "Filers").

(b)     The principal business office of the Filers is located at:

300 Drakes Landing Boulevard, Suite 230, Greenbrae, CA 94904

(c)     For citizenship of Filers, see Item 4 of the cover sheet for each Filer.

(d)     This statement relates to shares of Common Stock of the Issuer (the 'Stock').

(e)     The CUSIP number of the Issuer is: 315653402

Page 4 of 7


CUSIP No. 315653402

Item 3.     If this statement is filed pursuant to rule 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:

(a)     [ ]     Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).

(b)     [ ]     Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).

(c)     [ ]     Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).

(d)     [ ]     Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).

(e)     [ x ]     An investment adviser in accordance with section 240.13d-1(b)(1)(ii)(E) (as to WC)

(f)     [ ]     An employee benefit plan or endowment fund in accordance with section 240.13d-1(b)(1)(ii)(F).

(g)     [ ]     A parent holding company or control person in accordance with 240.13d-1(b)(1)(ii)(G)

(h)     [ ]     A savings association as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813).

(i)     [ ]     A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3).

(j)     [ ]     Group, in accordance with section 240.13d-1(b)(1)(ii)(J).

Item 4.     Ownership.

See Items 5-9 and 11 of the cover page for each Filer.

Item 5.     Ownership of Five Percent or Less of a Class

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [ ].
 

Item 6.     Ownership of More than Five Percent on Behalf of Another Person.

WC is an investment adviser whose clients have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the Stock. No individual client's holdings of the Stock are more than five percent of the outstanding Stock. Mr. Braun is the manager and controlling owner of WC.
 

Item 7.     Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company.

Not applicable.
 

Page 5 of 7


CUSIP No. 315653402

Item 8.     Identification and Classification of Members of the Group.

The Filers are filing this Form 3 jointly, but not as a group, and each of them expressly disclaims membership in a group within the meaning of rule 13d-5(b)(1) under the Securities Exchange Act of 1934, as amended. Each of the Filers disclaims beneficial ownership of these securities except to the extent of that person’s pecuniary interest therein.

Item 9.     Notice of Dissolution of Group

Not applicable.
 

Item 10.     Certification.

Certification of WC:

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

Certification of Mr. Braun:

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

Exhibits      Joint Filing Agreement

SIGNATURE

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
 

Dated:     December 15, 2008

WC CAPITAL MANAGEMENT, LLC
 
 
By:     Aaron Braun, Manager

Aaron Braun

   

Page 6 of 7


CUSIP No. 315653402

EXHIBIT A
 
AGREEMENT REGARDING JOINT FILING
OF STATEMENT ON SCHEDULE 13D OR 13G

The undersigned agree to file jointly with the Securities and Exchange Commission (the "SEC") any and all statements on Schedule 13D or Schedule 13G (and any amendments or supplements thereto) required under section 13(d) of the Securities Exchange Act of 1934, as amended, in connection with purchases by the undersigned of the securities of any issuer. For that purpose, the undersigned hereby constitute and appoint WC Capital Management, LLC, a California limited liability company, as their true and lawful agent and attorney-in-fact, with full power and authority for and on behalf of the undersigned to prepare or cause to be prepared, sign, file with the SEC and furnish to any other person all certificates, instruments, agreements and documents necessary to comply with section 13(d) and section 16(a) of the Securities Exchange Act of 1934, as amended, in connection with said purchases, and to do and perform every act necessary and proper to be done incident to the exercise of the foregoing power, as fully as the undersigned might or could do if personally present.

Dated:     December 15, 2008

WC CAPITAL MANAGEMENT, LLC
 
 
By:     Aaron Braun, Manager

Aaron Braun

Q:\EDGAR EasePlus\WC Capital\FiberNet 13G\sched13g.rtf

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