-----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, LGFXBNAXlhJmOmGFlGdO9RsFf+nlsCxtwJbKGoM7onwUo3wwjgBa8gGiazumAJMd /1JzSiqby1QDqDOC/0sMJQ== 0001019056-07-001242.txt : 20071203 0001019056-07-001242.hdr.sgml : 20071203 20071203160728 ACCESSION NUMBER: 0001019056-07-001242 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20071129 FILED AS OF DATE: 20071203 DATE AS OF CHANGE: 20071203 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FiberTower CORP CENTRAL INDEX KEY: 0001010286 STANDARD INDUSTRIAL CLASSIFICATION: RADIO TELEPHONE COMMUNICATIONS [4812] IRS NUMBER: 521869023 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 185 BERRY STREET STREET 2: SUITE 4800 CITY: SAN FRANCISCO STATE: CA ZIP: 94107 BUSINESS PHONE: (415) 659-1350 MAIL ADDRESS: STREET 1: 185 BERRY STREET STREET 2: SUITE 4800 CITY: SAN FRANCISCO STATE: CA ZIP: 94107 FORMER COMPANY: FORMER CONFORMED NAME: FIRST AVENUE NETWORKS INC DATE OF NAME CHANGE: 20020215 FORMER COMPANY: FORMER CONFORMED NAME: ADVANCED RADIO TELECOM CORP DATE OF NAME CHANGE: 19960503 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: HECHT NIKOS CENTRAL INDEX KEY: 0001237606 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21091 FILM NUMBER: 071280766 MAIL ADDRESS: STREET 1: C/O ASPEN ADVISORS LLC STREET 2: 152 W 57TH ST CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ASPEN CAPITAL LLC CENTRAL INDEX KEY: 0001237613 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21091 FILM NUMBER: 071280767 MAIL ADDRESS: STREET 1: C/O ASPEN ADVISORS LLC STREET 2: 152 W 57TH ST CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ASPEN PARTNERS SERIES A CENTRAL INDEX KEY: 0001237622 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21091 FILM NUMBER: 071280768 MAIL ADDRESS: STREET 1: C/O ASPEN ADVISORS LLC STREET 2: 152 W 57TH ST CITY: NEW YORK STATE: NY ZIP: 10019 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ASPEN ADVISORS LLC CENTRAL INDEX KEY: 0001127939 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21091 FILM NUMBER: 071280769 BUSINESS ADDRESS: STREET 1: 152 W 57TH STREET CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2126988006 MAIL ADDRESS: STREET 1: 152 W 57TH STREET CITY: NEW YORK STATE: NY ZIP: 10019 4 1 edgar.xml PRIMARY DOCUMENT X0202 4 2007-11-29 0001010286 FiberTower CORP FTWR 0001127939 ASPEN ADVISORS LLC 152 WEST 57TH STREET 39TH FLOOR NEW YORK NY 10019 0 0 1 0 0001237622 ASPEN PARTNERS SERIES A C/O ASPEN ADVISORS LLC 152 WEST 57TH STREET NEW YORK NY 10019 0 0 1 0 0001237613 ASPEN CAPITAL LLC C/O ASPEN ADVISORS LLC 152 WEST 57TH STREET NEW YORK NY 10019 0 0 1 0 0001237606 HECHT NIKOS C/O ASPEN ADVISORS LLC 152 WEST 57TH STREET - 46TH FLOOR NEW YORK NY 10019 0 0 1 0 Common Stock 2007-11-29 4 J 0 465700 0 D 21930659 I Through a partnership and managed accounts This Form 4 is filed to reflect the distribution by the Reporting Persons, on November 29, 2007, of 465,700 shares of the Issuer to a private institutional account. Of the 21,930,659 shares reported in table I, Aspen Series A, a series of Aspen Capital Partners LP, a Delaware limited partnership (the "Partnership") owns 12,856,919 shares and private institutional accounts (the "Managed Accounts") managed by Aspen Advisors LLC, a Delaware limited liability company (the "Advisor") own 9,073,740 shares. Aspen Capital LLC, a Delaware limited liability company (the "General Partner") is the general partner of the Partnership. The Partnership & the General Partner disclaim any beneficial interest in the securities owned by the Managed Accounts, and the General Partner disclaims any beneficial interest in the securities owned by the Partnership in excess of a 7.34% pecuniary interest therein, calculated in accordance with Rules 16a-1(a)(2) and (a)(3) under the Exchange Act. See Note (2). The Advisor disclaims any beneficial interest in the securities owned by the Partnership and the Managed Accounts. Mr. Nikos Hecht is the managing member of the General Partner and of the Advisor. By virtue of such status he may be deemed the beneficial owner of the securities held by the Partnership and the Managed Accounts under Regulation 13D-G under the Exchange Act. Mr. Hecht disclaims any beneficial interesting the securities owned by the Partnership other than a 4.43% pecuniary interest in such shares, calculated in accordance with Rule 16(a)-1(a)(2) and (a)(3). He disclaims any beneficial interest in the securities owned by the Managed Accounts. Except as expressly acknowledged herein, this report shall not be deemed an admission that any such person or entity is the beneficial owner of, or has a pecuniary interest in, any such securities for purposes of Section 16 of the Exchange Act or for any other purpose. ASPEN ADVISORS LLC. By: /s/ NIKOS HECHT, Managing Member 2007-12-03 ASPEN PARTNERS SERIES A, a series of Aspen Capital Partners, LP By: Aspen Capital LLC, General Partner By: /s/ NIKOS HECHT, Managing Member 2007-12-03 ASPEN CAPITAL, LLC By: /s/ NIKOS HECHT, Managing Member 2007-12-03 /s/ NIKOS HECHT 2007-12-03 -----END PRIVACY-ENHANCED MESSAGE-----