Attachment 20170525113348-543.p

20170525113348-543.p

SUPPLEMENT

Supplement

2006-08-04

This document pretains to ITC-AMD-20060804-00388 for Amended Filing on a International Telecommunications filing.

IBFS_ITCAMD2006080400388_1462672

Federal Communications Commission Washington, D.C. 20554 International Burea E—mail: James.Ball@fece.gov George.Li@fee.gov (202) 418—1462 (202) 418—2824 (fax) August 15, 2006 Ref: 2006—49 Hillary Morgan (703) 607—6092 Monique Roth (202) 353—6200 Steven W. Lett (202) 647—5835 Regina Hart (202) 205—0497 Eric Werner (202) 772—0908 Louis Brenner (202) 692—4235 Edward T. Hand (202) 514—2464 Josephine Scarlett (202) 482—5461 Tina Gabbrelli (202) 282—8582 Kenneth Schagrin (202) 395—5663 Helen Domenici (202) 456—6085 Myla S. Trotter (202) 324—1730 Dominic Pastore (202) 514—5607 Laura Parsky (202) 616—3928 Re: FTMSC L LLC Amendment Dear Sir or Madar Please review the lowing applications and advise us whether you have any national security, law enforcement, sign policy or trade concerns by C.O.B. September 12, 2006, because we are preparedto tal ction on these applications. Electronic filed (e—file) applications are able * to be viewed by a ssing www.fec.gov/ibfs and searching by the file number. —TTC—AMD—20060 FTMSC US, L] (FTMSC) amends its application (ITC—214—20051012—00406) to provide Inmarsa Hlobal Area Network (BGAN) services to Mobile Earth Stations located in the Ur d States, using the Inmarsat 4F2 Satellite and its Inmarsat "gateway" land earth statior ocated in Burun, Netherlands and Fucino, Italy, in accordance with section 63.18(e)( of the rules. The application was sent for your review on October 14, 2005 under Ref: 2005—49, and was removed from streamlined processing per your e—mail dated November 2, 2005, and is still pending under your review. FTMSC amends its application to reflect a planned transfer of control of FTMSC. Pursuant to a July 22, 2006, Share Purchase Agreement (Agreement) entered into by FTMSC‘s indirect parent company, France Telecom S.A., and MobSat S.A.S. (MobSat), a French holding company, all of FTMSC‘s shares would be acquired by FTMSC US Holding, Inc., a Delaware corporation. All of the shares of FTMSC US Holding, Inc. would be acquired by France Telecom Mobile Satellite Communications, S.A., a French company that, in turn, would be wholly owned by MobSat. According to the amendment, MobSat is owned in principal part by two venture capital funds: Apax France VI FCPR (Apax France) (72%) and Amboise Investissement SCA (20%) (Amboise). Apax France is a venture capital fund organized in France and managed by Apax Partners S.A., a French limited company that is majority owned and controlled by French citizens. Amboise is a venture capital fund organized in France with two general partners. Apax

Partners & CC= Gorar~s II, ~rganized in "—ance, is the managing gereral nartner and is majority ow! d ind ntr ed by c tiz 3 o Frarice, tie United ‘<in loni, unc the United Stite: Th: se ind neial paitne f + mbo.se is societe Europe ne lIera ijAS, which :s org: ize l in Tan an 1 majorit ow ied by & Fiench citizen. / ie spplic ition states tliat no of the ves s that would old indir »ct int srests in FTMS thou zh their investnients A pax Frar : or Amibo: : has ary control or right + _control the manage ment vo ing fth ‘hares on nec y t ie wo finds. FTMSC sate ha, uj a cc un mation c the Agre :m :nt it will no ‘ony t be: a‘‘fil ated with any fol gn cal r 1 t possesses aar :et pow»r on the foreig endi of U.S. internatior al ute; a1 the for:s request cla: sific: tio a is not—dom nai on al routes pursuar t to se ion 63. ) of e riles. ITC—PDR—2:00 80— —00 ‘TMSC U S, 1 C (—f le) FTMSC US, C (F1 [SC ‘equiests :1 de ara ory 1 uli ig, pursuant to se ion 310( ))(4) of the C onimi ica ion Act ©1934, as an ide 1, hat it is in the publi: it res: tc prmit indirect fo ‘eig inv est: nt ( up to 10 ) pi en in FNV SC by Mot Sat S. .S. (N ot Sat), a holdit g con imy or| aize uncler the la : of Farce ard its French o1 ers. T ISC filed its petiti i it co ecti 1 with a ma : aarendiaenit to its pendiig : plicat. on that request: a bl: cet lic se 1 20,000 mo le car h cer niuals to be use n the U iited States with I iar: at‘: Bro: bar d Globa Area Ne work See LESf—A D—:006C 804— 01315, am nd g S ES— FS—. 05: 011—013 FTMSC is a L aw are mnite liability con any that curer tly is incirectl; vhelly ovrned by France ‘Tel om S. Un »r the terms a J ily 2:), 2 00 5, Share Purch e A grcerient, all of FTMSC 1 sl are wol 1 b: acquire by FTDV SC US Holding Ir , a Dcla ware corporation.. 2 of the hare of ~TMSC ) Holiin ;, lac would be ieq ‘ed by Fiance Telecom Mob : St tell > Co iminication: S.A ., i Frei ch company that. a turn, w ould be wholly ow: d ty I bS: A scording th: petitio a, MobSat is owi 1 in prin :ipal part by two 1 itme C nital uncs: Apax rance V FCIR (Apa: Frar :) (72%) and Amboise L ive: sse nel SCQ 20%) (Amb se) Apax France is a venture capital fund organized in France and managed by Apax Partners S.A., a French limited company that is majority owned and controlled by French citizens. Amboise is a venture capital fund organized in France with two general partners. Apax Partners & Cie Gerance II, organized in France, is the managing general partner and is majority owned and controlled by citizens of France, the United Kingdom, and the United States. The second general partner of Amboise is Societe Europeenne Iena SAS, which is organized in France and majority owned by a French citizen. The petition states that none of the investors that would hold indirect interests in FTMSC through their investments in Apax France or Amboise has any control or right to control the management or voting of the shares owned by the two funds.

FTMSC asserts that, pursuant to the rules and policies established by the Commission‘s Foreign Participation Order, 12 FCC Red 23891 (1997), Order on Reconsiderution, FCC Red 18158 (2000), the foreign ownership of FTMSC by MobSat indit; Frer shareholders in excess of the 25 percent benchmark of section 31(C(b)(4) cf 1 Communications Act would be consistent with the public interest. SES—AMD—20060804—01315 E. E050284 FTMSC US, LLC (e—fils) Class of Station: Mobile Satellite Earth Station FTMSC US, LLC Camends its pending application (SES—LFS—200310U11—0: 35 6) reflect a planned transfer of control of FTMSC US, LLC from France Telecom S A. MobSat S.A.S. According to the amendment, MobSat S.A.S. is a holding compa:ry »as in France and is owned by two French venture capital funds: Apax lFraace VI "C] (72%) and Amboise Investissement SCA (20%). In addition to this amendne ait, F1 M;i US, LLC also filed an amendment to its pending Application for Section 214 A utt ori File No. ITC—214—20051012—00406, and, together with MobSat iS.A.S., filed a reqque st : declaratory ruling under Section 310(b)(4) of the Communications Ac: cf ©9:4, amended, that it is in the public interest to permit indirect for:ign investnent of up 100% in FTMSC US, LLC by MobSat S.A.S. > If we do not hear from you by C.O.B. September 12, 2006, we will assume that you do : 10t ha~ any concerns with these applications. Sincerely, «on é;tw%flma""m George Li, Deputy Chief Policy Division


Document Created: 2019-05-25 00:06:41
Document Modified: 2019-05-25 00:06:41
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC