Attachment 20170509094250-023.p

20170509094250-023.p

SUPPLEMENT

Supplement

2007-06-27

This document pretains to ITC-214-20070627-00248 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142007062700248_1456663

epagnne & ecenmagiutiiy ic £ 000M International Bureau E—mail: James.Ba C3 (202) 418—146 : (202) 418—2 82 | (fix) J me 29, 2097 Fef: 2007—27 Hillary Morgan (703 6( 7—6)92 Steven W. 1 ett (202) 64 —51 35 Stephen Heifetz (202 2( 2—8 273 Louis Brem sr (2)2) 69. —4: 35 Lonnie Kishiyama (102 26 2—9 740 Josephine S ‘ar stt (2)2) 48. —5« 61 Edward T. Hand (202 5: 4—2 164 Kenneth Sc ag in (20)2) 39: —5( 63 Myla S. Trotter (£02 31 4—1 730 Sigal Mand Iker (202) 61¢—0: 73 Jonathan Frenkel (202 2( 2—8 178 Dominic Pastore (~02 5: 4—5 507 Re: Section 21« & 310(b)(«+) : nd Cable Lan lit g License 4 pj lic iti m Dear Sir or Madam: Please review the followir && pplicaticas and advise us wi ether you kav : any aational security, law enforcement, fo eign pol c3 or trade conc Tt s by C.O.B. J ily 11 , 2007, because we are preparei t t: ce actior 0: . these appic: ic as. Electroni : filec (e—file) applications are able to | e jewed b ; a rcessing wwi A e.gov/ibfs an sear ching by the file number. ITC—214—20070621—00.4: (efile) 168 Global Networks LLC( ‘s wpplicatin "or authority 1 ) ; sovide global acilit es—based and resale services betvree 1 t ie Unitec. S ates and pt*rn iss ible internatio ial pc ints. Two citizens of the Philippi 1e: , e ch of whot i owns 51% a id 49% of the ap »lican ;, respectively. ITC—214—20070627—0024{ (e—file) Nortel Networks Corp.‘s application for esale authorit t stween the United States and permissible international points. Applicant is incorporated and located in Canada. ITC—214—20070626—00246(e—file) SanCom Wireless Puerto Rico License Co., LLC‘s application for resale authority between the United States and permissible international points. Applicant is indirectly 17.2% owned by a Bermuda corporation, and indirectly 19.3% owned by a Cayman Island‘s corporation.

SCL—LIC—20070621—00009(e—file) Sydney—Hawaii Cable— An application for authority to construct, land and operate a non—commoncarrier high capacity fiber—optic submarine cable system extending between Sydney, Australia and Keawaula, Hawaii (Sydney—Hawaii Cable System). Applicant, Telstra Incorporated (Telstra USA), is indirectly wholly—owned by Telstra Corporation Limited (Telstra), an Australian company. The Future Fund Board of Guardians holds approximately 17% of Telstra‘s shares. Telstra agrees to abide by the Agreement by and between Reach Ltd., Telstra Corporation Limited, and Pacific Century CyberWorks Limited, on the one hand, and the Federal Bureau Investigation, the U.S. Departmentof Justice, and the U.S. Department of Homeland Security, dated November 29, 2001, as amended. ISP—PDR—20070531—00009 (e—file) SES—T/C—20070531—00738 SES—AMD—20070531—00739 SkyWave Mobile Communications, Corp. (SkyWave or the "Petitioner") requests a declaratory ruling thatit is in the public interest for SkyWave to have indirect foreign ownership in excess of the 25 percent benchmark under section 310(b)(4) ofthe Communications Act of 1934, as amended. Specifically, SkyWave seeks approval for up . to 100% indirect foreign ownership by the foreign individuals and entities named in the petition. In addition, SkyWave seeks approval for foreign ownership that would result from the conversion of warrants and stock options forits ultimate parent company, SkyWave Mobile Communications, Inc. (SMCT). It also seeks approval for the named foreign investors and other foreign investors to acquire up to and including an additional, aggregate 25% indirect equity and/or voting interests without seeking further Commission approval under section 310(b)(4). SkyWave has filed a companion application for consent to the pro forma transfer ofcontrol ofits blanket mobile earth terminal license (File No. SES—T/C—20070531—00738) and an amendment to its pending Title III application to use the Inmarsat 4F2 satellite (SES—AMD—20070531—00739) in its provision of Inmarsat D+ service. SkyWave is a Delaware corporation that is wholly owned by SkyWave Mobile Holdings, Corp. (SMHC), a Delaware holding company. SMHC, in turn, is wholly owned by SMCI, a Canadian corporation. On January 8, 2004, the Commission issued SkyWave a declaratory ruling that approved its 100% indirect foreign ownership by SMCI and SMCI‘s named Canadian shareholders, subject to certain conditions. Public Notice, DA 04—25, 19 FCC Red 275 (IB 2004) (granting ISP—PDR—20030311—00006) ("©2004 Ruling"). According to the Petitioner, on April 20, 2007, new shareholders acquired ownership interests in SMCI as part of a new round of financing. Petitioner states that, when these new shareholdings are combined with existing shareholdings not previously approved in the 2004 Ruling, the combined amount exceeds the allowance permitted under the ruling for an additional, aggregate 25% indirect foreign equity and voting interests in SkyWave.

Petitioner seeks approval for the following individuals and entities to hold indirect equity and voting interests in SkyWave, in addition to the shareholders previously approved in the 2004 Ruling: Mahkota SA (organized in Luxembourg with a principal place of business in Luxembourg or Brunei) (25.16%); Partenon Holdings, LLC (U.S.—organized with a principal place of business in Brazil) (2.52%); GTI V, LP and GTI V (NR), LP (both organized and principally conducting business in Canada (collectively, 8.37%); 1168433 Ontario, Inc. (organized and principally conducting business in Canada) (0.26%); and four named Canadian citizens (collectively, 0.69%). SMCI shareholders approved in the 2004 Ruling continue to hold equity and voting interests as specified in the petition, at levels below those approved in the 2004 Ruling. Petitioner also requests approval for warrants and stock options for SMCI so that these convertible interests can be redeemed without further Commission approval under section 310(b)(4). In particular, MMV Financial, a Canadian corporation with its principal place of business in Canada, holds warrants that, if exercised, would represent an equity and voting interest of approximately 1.29% based on the current number of outstanding shares of SMCI. SkyWave also seeks approval for stock options that have been granted but not exercised under SMCI‘s employee stock option plan. The named individuals that hold granted stock options are citizens of Canada, Brazil, China, Peru, Singapore, Hong Kong, and Mexico. Petitioner asserts that, pursuant to the rules and policies establishedin the Commission‘s Foreign Participation Order, 12 FCC Red 23891 (1997), Order on Reconsideration, 15 FCC Red 18158 (2000), the indirect foreign equity and votmg interests for whichit seeks approval are consistent with the public interest. If we do not hear from you by C.O.B. July 18, 2007, we will assume that you do not have any concerns with the above listed applications. Sincerely, lz . é :/S .‘_rl—“:.;..-; George L1, Deputy Chief Policy Division

Page 1 of 1 George Li From: Veronica Garcia—Ulloa Sent: Friday, June 29, 2007 11:03 AM To: ‘robert.eImen@ic.fbi.gov‘; ‘paul.kozak@ic. fbi.gov‘; ‘Amy.Jabloner@usdoj.gov‘; ‘Dominic.Pastore@usdoj.gov‘; ‘dklein1@leo.gov‘; ‘edward.hand@usdoj.gov‘; ‘nillary.Morgan@disa.mil‘; ‘Jscarlett@ntia.doc.gov‘; ‘kscnagrin@ustr.gov‘; ‘Louis.brenner@dhs.gov‘; ‘tina.gabbrielli@dhs.gov‘; ‘Brian.williams@associates.dhs.gov‘; ‘joseph.springsteen@usdoj.gov‘; ‘vbarrish@askcalea.net‘; ‘maydc@state.gov‘; ‘lettsw@state.gov‘; ‘Denise.pontacoloni@associates.HQ.DHS.GOV‘; _ ‘alane.kochems@associates.HQ.DHS.GOV; ‘sigal.mandelker@usdoj.gov‘; ‘jonathan.frenkel@dhs.gov‘; ‘Stephen.heifetz@dhs.gov‘; ‘jennifer. Underriner@usdoj.gov‘; ‘Christopher.Siefken@ic.fbi.gov‘; ‘jpifer@leo.gov‘; ‘albert.pinto@hq.dhs.gov‘; _ ‘DWells@ostp.eop.gov‘; ‘Erica.Bomsey@dhs.gov‘; ‘Alex.Daman@dhs.gov‘; ‘Kishiyama, Lonnie‘ Co: George Li; Susan OConnell; David Krech; Joann Ekblad; Mikelle Morra; Janeese Parker; Veronica Garcia—Ulloa; Imani Ellis; James Ball Subject: Cover Letter 2007—27 Attachments: Executive Branch 2007—27(1).doc Good Afternoon, Attached is Cover Letter 2007—27. Thank you, Veronica Garcia—Ulloa Veronica.Garcia—Ulloa@fcc.gov International Bureau/ Policy Division 202—418—0481 6/29/2007

(DD Federal Communications Commission Washington, D.C. 20554 International Bureau June 26, 2007 Mr. Steven Lett Deputy U.S. Coordinator Office of International Communications and Information Policy Bureau of Economic, Energy and Business Affairs—Room 4826 U.S. Department of State 2201 C Street. N.W. Washington, D.C. 20520—5818 Re: Telstra Incorporated/Sydney—Hawaii Cable System —SCL—LIC—20070621—00009 Dear Mr. Lett: We have received an application (File No. SCL—LIC—20070621—00009) for authority to construct, land and operate a non—common carrier highcapacity fiber—optic submarine cable system extending between Sydney Australia and Keawaula, Hawaii (Sydney—Hawaii Cable System). Applicant, Telstra Incorporated (Telstra USA), is indirectly wholly—owned by Telstra Corporation Limited (Telstra), an Australian company. The Future Fund Board of Guardians holds approximately 17% of Telstra‘s share. The above—referenced application has been filed pursuant to the provisions of the Cable Landing License Act, 47 U.S.C. §§ 34—39, section 1.767 of the Commission‘s rules, 47 C.F.R. § 1.767,; and Executive Order No. 10530, §5(a) (May 10, 1954), reprinted as amended in 3 U.S.C. § 301. The applicant has certified that on June 21, 2007, it has mailed copies of the application to the Department of State, NTIA, and DOD as required by the Commission‘s rules 47 C.F.R. §1.767 (J). This letter begins the 30—day review process set out in the letter from the Under Secretary of State for Economic, Business, and Agricultural Affairs to the Chairman, Federal Communications Commission (dated Dec.3, 2001). (/ye* \___—*~ Yours truly, oA* A_z\ George Li Deputy Chief, Policy Division €ci Doug May, DOS/EB/CIP Josephine Scarlett, DOC/NTIA/OC Hillary Morgan, DOD, DISA

Page 1 of 1 George Li From: Janeese Parker Sent: Tuesday, June 26, 2007 12:13 PM To: ‘jscarlett@ntia.doc.gov‘; ‘hillary.Morgan@disa.mil‘; ‘maydc@state.gov‘; ‘lettsw@state.gov‘ Co: Mikelle Morra; David Krech; Susan OConnell; George Li; Imani Ellis; Joann Ekblad; Veronica Garcia—Ulloa; James Ball; Kathleen Collins Subject: Telstra Incorporated/Sydney—Hawsaii Cable System Attachments: State Letter 6.26.2007.doc Good Afternoon, Attached is our letter to begin the 30—day review process. Thank You! Janeese Parker FederalCommunications Commission InternationalBureau/Policy Division Phone: (202) 418—0707 E—mail: Janeese.Parker@fce.gov 6/26/2007


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Document Modified: 2019-05-27 17:13:18
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