Attachment 20170713134133-910.p

20170713134133-910.p

SUPPLEMENT

Supplement

2008-10-06

This document pretains to ITC-214-20081006-00449 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142008100600449_1573930

Federal Communications Commission Washington, D.C. 20554 International Bureau E—mail: James.Ball@fee.gov George.Li@fec.gov (202) 418—1462 (202) 418—2824 (fax) October 10, 2008 Ref: 2008—45 Hillary Morgan (703) 607—6092 Steven W. Lett (202) 647—5835 Stephen Heifetz (202) 282—8973 Alex Daman (202) 282—9940 Josephine Arnold (202) 482—5461 Edward T. Hand (202) 514—2464 Jonathan McHale (202) 395—5656 Sally S. Wentworth (202) 456—6085 Richard Sofield (202) 514—0945 Douglas A. Klein (202) 324—0853 Re: Section 214, 310 (b)(4) and submarine cable licenseapplications Dear Sir or Madam: Please review the following applications and advise us whether you have any national security, law enforcement, foreign policy or trade concerns by C.O.B. Oct. 27, 2008, because we are prepared to take action on these applications. Electronic filed (e—file) applications are able to be viewed by accessing wwyw.fce.gov/ibfs and searching by the file number. ITC—214—20081006—00449 (e—file) POP2Call, LLC‘s application for authority to provide resale services between the United States and permissible international points. Applicant is 50% owned by a U.S. company which, in turn, is 30% owned by a citizenofIsreal. ITC—214—20081006—00450 (e—file) Global 1 Touch‘s application for authority to provide resale services between the United States and permissible international points. Applicant is 30% owned by a citizen of Isreal. ITC—214—20081007—00451 (e—file) Blue Apple Telecom Corp.‘s application for authority to provide facilities—based and resale services between the United States and permissible international points. Applicant is 50% owned by a citizen of Dominican Republic. SCL—LIC—20081008—00017 (e—file) Office des postes et Telecommunications de Polynesie francaise (OPT)‘s application for a license to land and operate a common carrier fiber optic submarine cable directly linking Tahiti and Hawaii. OPT is a public owned corporation headquatered in Tahiti and existing under the laws of French Polynesia. OPT is wholly owned by the Government of French Polynesia. ITC—214—20081008—00452 (e—file) Office des postes et Telecommunications de Polynesie francaise (OPT)‘s application for authority to provide facilities—based and resale services between the United States and permissible international points.

ITC—214—20081008—00453 (e—file) Office des postes et Telecommunications de Polynesie francaise (OPT)‘s application for authority to construct a common carrier fiber optic submarine cable system between Hawaii and Tahiti, French Polynesia. ISP—PDR—20080702—00017 (e—file) Choice Holdings LLC (Choice Holdings or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the acquisition, through auction, of Advanced Wireless Services ("AWS") and broadband Personal Communications Services ("PCS") licensesby its subsidiary, Choice Phone, LLC, to any level of geographic coverage, includinga nationwide footprint. Choice Phone was a winning bidder in Auction No. 78. See ULS File Nos. 0003572217 and 0003572218; DA 08—1953 (rel. Aug. 25, 2008). Petitionerstates that its earlier ruling authorized the indirect foreign ownership of its subsidiaries, Choice Phone, which holds Specialized Mobile Radio licenses and 700 MHz licenses, and Wave Runner, which holds broadband PCSradio licenses. See DA 07—3402(rel. July 26, 2007), DA 08—1223 (rel. May 29, 2008). Choice Holdings, Choice Phone, and Wave Runnerare limitedliability companies organized under the laws of Guam. See ULS File No. 0003476539. According to the petition, Choice Holdings holds directly approximately 100 percent of the equity and voting interests in Choice Phone and Wave Runner. Richard C. Yu, a U.S. citizen, holds directly less than 1 percent of the equity and votinginterests in each carrier. The ‘following individuals hold direct equity and voting interests in Choice Holdings: (1) Ronnie S. Lim, a citizen of the Philippines, a World Trade Organization (WTO) Member country (25%), (2) Richard C. Yu, a U.S. citizen (28%), (3) Jeselyn T. Yu, a U.S. citizen (18%), and (4) Angelie C. Ong, a U.S. citizen (29%). According to the petition, Mr. Yu is the Managing Memberof, and holds de facto control over, Choice Holdings, Choice Phone, and Wave Runner. The petition states that no other individual holds de facto control, and no change is expected to be made to the current control of the companies. The petition also states that Mr. Lim will acquire an additional 10 percent direct equity and voting interest in Choice Holdings from Mr. Yu, thereby exceeding the 25 percent benchmark in section 310(b)(4) of the Act. Mr. Yu will continue to function as Managing Member of, and maintain de facto control over, Choice Holdings, Choice Phone, and Wave Runner. Petitioner asserts that, pursuant to the rules and policies established in the Commission‘s Foreign Participation Order, 12 FCC Red 23891 (1997), Order on Reconsideration, 15 FCC Red 18158 (2000), the indirect foreign ownership of Choice Phone in excess of 25 percent is consistent with the public interest. ISP—PDR—20080909—00018 (e—file) Puerto Rico Telephone Company, Inc. (PRTC or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the Advanced Wireless Services ("AWS") licenses it won in Auction No. 78. See ULS File No.

0003574136; DA 08—1953 (rel. Aug. 25, 2008). Petitioner states that its earlier ruling authorized the indirect foreign ownership of PRTC, which holds certain commoncarrier radio licenses. See FCC 07—43 (rel. Mar. 26, 2007). PRTC also has a pending declaratory ruling before the Commission in connection with the 700 MHz licenses it won in Auction No. 73. See ISP—PDR—20080103—00009. (Please note that on June 13, 2008, DOJ/FBI/DHS (under John Conner‘s signature) notified the Commission that they have no objection to this petition.) PRTC is a wholly—owned subsidiary of Telecomunicaciones de Puerto Rico, Inc. (TELPRI), a U.S. corporation organized under the laws ofthe Commonwealth of Puerto Rico. TELPRI is wholly owned by Tenedora Telpri, S.A. de C.V. (Tenedora), a Mexican corporation. Tenedora in turn is wholly owned and controlled (99.99%) by Radiomovil Dipsa, S.A. de C.V. (Telcel), also a Mexican company. Telcel is wholly owned and controlled (99.99%) by Sercotel, S.A. de C.V. (Sercotel), which in turn is wholly owned and controlled (99.99%) by América Movil S.A.B. de C.V. (América Movil). Both Sercotel and América Movil are corporations organized under the laws of Mexico. Mr. Carlos Slim Helu and certain members of his immediate family (all of whom are citizens of Mexico) directly and indirectly hold approximately 33 percent equity and 66 percent voting interests in América Movil. Petitioner asserts that, pursuant to the rules andpolicies establishedin the Commission‘s Foreign Participation Order, 12 FCC Red 23891 (1997), Order on Reconsideration, 15 FCC Red 18158 (2000), the indirect foreign ownership of PRTC in excess of 25 percent is consistent with the public interest. For further Information, please contact Francis Gutierrez at, (202) 418—7370, Susan O‘Connell at, (202) 418—1484, or David Krech at, (202) 418—7443. If we do not hear from you by C.O.B. Oct. 27, 2008, we will assume that you do not have any concerns with the above listed applications. Sincerely, seas» [ George Li, Deputy Chief, Policy Division

Page 1 of 1 George Li From: Janeese Parker Sent: Friday, October 10, 2008 2:56 PM To: James Ball; Francis Gutierrez; Howard Griboff; George Li; Susan OConnell; David Krech; JoAnn Sutton; Sumita Mukhoty Subject: FW: Cover Letter Reference 2008—45 (Cormments due: October 27, 2008) Attachments: Executive Branch 2008—45.doc Janeese Parker FederalCommunications Commission InternationalBureau/Policy Division Phone: (202) 418—0707 E—mail: Janeese.Parker@fce.gov From: Janeese Parker Sent: Friday, October 10, 2008 2:54 PM To: ‘Douglas.Klein@ic.fbi.gov‘; ‘edward.hand@usdoj.gov‘; ‘hillary.Morgan@disa.mil‘; ‘JjJarnold@ntia.doc.gov‘; ‘vbarrish@askcalea.net‘; ‘maydc@state.gov‘; ‘lettsw@state.gov‘; ‘Stephen.heifetz@dhs.gov‘; ‘Christopher.Siefken@ic.fbi.gov‘; ‘swentworth@ostp.eop.gov‘; ‘Erica.Bomsey@dhs.gov‘; ‘shannon.culbertson@associates.dhs.gov‘; ‘margaret.Dudek@dhs.gov‘; ‘CarrollD@state.gov‘; ‘Brian.williams@associates.dhs.gov‘; ‘greg.pinto@dhs.gov‘; TTelecom@usdoj.gov‘; "Thomas.Doyle@associates.dhs.gov‘; ‘mary.wheaton2@usdoj.gov‘; ‘Siobhan.Dupuy@usdoj.gov‘; ‘alex.daman@dhs.gov‘; ‘Douglas.Daniels@dhs.gov‘; ‘Joanne.Ongman@usdoj.gov‘; ‘Jennifer.Rockoff@usdoj.gov‘; Jmchale@ustr.gov‘; ‘Richard.Sofield2@usdoj.gov‘; ‘Navin.Jaffer@dhs.gov‘ Subject: Cover Letter Reference 2008—45 (Comments due: October 27, 2008) Good Afternoon, Attached is Cover Letter Reference 2008—45 (Comments due: October 27, 2008) Janeese Parker FederalCommunications Commission InternationalBureau/Policy Division Phone: (202) 418—0707 E—mail: Janeese.Parker@fce.gov 10/10/2008


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Document Modified: 2019-05-24 11:20:11
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