Attachment 20170713142244-360.p

20170713142244-360.p

SUPPLEMENT

Supplement

2008-10-08

This document pretains to ITC-214-20081008-00453 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142008100800453_1574060

CERTIFICATE OF SERVICE I, Eric Fishman, an attorney with the law firm of Holland & Knight LLP, hereby certify that on this 16°" day of October 2008, a true copy of the attached letter and attached applications of Office des postes et Telecommunications de Polynesie francaise were served by first class mail, postage pre—paid (or as otherwise indicated) upon the following: George Li* David Krech* International Bureau International Bureau Fede:ra%hCommunications Commission Federathommunications Commission 445 12 Street, SW 445 12" Street, SW Washington, DC 20554 Washington, DC 20554 U.S. Coordinator, EB/CIP®* Office of Chief Counsel* U.S. Department of State U.S. Department of Commerce 2201 C Street, NW 14"" St. and Constitution Avenue, NW Washington, DC 20520—5818 Washington, DC 20230 Defense Information Systems Agency Code RGC 701 S. Courthouse Road Arlington, Va. 22204 * by Hand Delivery W Eric Fishman # 5708765_v1

ITC—214—20081008—00453 Office des Postes et Télécommunications de Polynésie francaise Application filed by Office des postes et pélécommunications de Polynésie frangaise ("OPT") for authority to construct, acquire, and operate capacity in a common carrier fiber—optic submarine cable system directly linking the United States and French Polynesia, the Tahiti—Hawaii Cable System("Honotua System") in accordance with section 63.18(e)(3). 51._ OPT is an établissement public (in English, "public establishment") headquartered in Tahiti and existing under the laws of French Polynesia. French Polynesia is an overseas territory of France. OPT is wholly owned by the Government of French Polynesia, but financially autonomous fromthe national government. As such, OPT is subject to regulation and oversight by the Chambre territoriale des comptes de la Polynésie frangaise ("CTC") and ultimate government control. OPT is administeredby a Board of eight members, all of whom arecitizens ofFrench Polynesia. Applicant agrees to be classified as a dominant carrier to French Polynesia under Section 63.10 of the Commission‘s rules, without prejudice to its right to petition for reclassification at a later date. Applicant requests, however, a waiver of section 63.10(c) which requires "any carrier classified as dominant for the provision of particular services on particular routes" to provide service along such route "as an entity that is separate from its foreign carrier affiliate...." 47 C.F.R. § 63.10(c)(1). Amended Applicationat 2. According to Applicant, OPT cannot create a separate subsidiary without exposing itself to unacceptable legal and financial risk. Applicant states that the creation of new . subsidiaries by OPT is unlawful under Article 30of /a To# organique (French Polynesia‘s constitution). Id. at 4. See also id., n.4 (stating that the French Polynesian Government may establish an OPT subsidiary in circumstances where there is a joint venture with a private—sector entity, which is not the case with the government—owned Honotua System). With respect to financial risk, Applicant states that OPT has secured three outside sources of funding with the understanding that OPT will control and operate the Honotua System in its entirety. Id. at 6—7. Applicant argues that a transfer of ownership or operation would likely require renegotiation which in today‘s deteriorating credit market could result in the withdrawal of funding altogether. It also states that OPT has already drawn funds from a French Polynesian government grant and a commercial loan. Applicant additionally argues that section 63.10(c)‘s separate subsidiary requirement does not specifically apply to submarine cables or submarine operators. Id. at 7. Finally, Applicant states that OPT will voluntarily commit to comply with additional competitive safeguards as a condition to the grant of its waiver request. Id. at 9—11.

Re: [TT] FCC application status for the week of September 22, 2008 Page 1 of 1 JoAnn Sutton From: Sofield, Richard [Richard.Sofield2@usdoj.gov] Sent: Wednesday, October 29, 2008 1:39 PM To: Sofield, Richard; David Krech; Francis Gutierrez; George Li; Howard Griboff; James Ball; Janeese Parker; JoAnn Sutton; Jodi Cooper; Susan OConnell; Wheaton, Mary (NSD) Co: Ongman, Joanne Subject: RE: [TT] FCC application status for the week of October 27, 2008 Please be advised that DOUJ/FBI/DHS request that the following applications referenced in EB 2008—45 be REMOVED from streamline: ITC—214—20081006—00449 POP2Call, LLC ITC—214—20081006—00450 Global 1 Touch ITC21420081007—00451 Blue Apple Telecom Corp. ~SCL—LIC—20081008—00017Office des postes et Telecommunications de Polynesie francaise ITC214—20081008—00452 Office des postes et Telecommunications de Polynesie francaise ITC—214—20081008—00453 Office des postes et Telecommunications de Polynesie francaise ISP—PDR—20080702—00017 Choice Holdings LLC Please let me know if you have any questions. Thank you. Richard C. Sofield Director Foreign Investment Review Staff National Security Division United States Department of Justice W—(202) 514—0945 M—(202) 598—3134 P—(877) 481—4512 10/29/2008


Document Created: 2019-11-05 21:40:51
Document Modified: 2019-11-05 21:40:51
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