Attachment 20161229102122-527.p

20161229102122-527.p

SUPPLEMENT

Supplement

1999-12-20

This document pretains to ITC-ASG-19991220-00819 for Assignment on a International Telecommunications filing.

IBFS_ITCASG1999122000819_1387566

                                     for 214 Applications
                   —(Streamline/Non—streamline)
e                                  ERVICE
w<lse)                           TIES—BASED SERVICE
mslef                             IES—BASED/RESALE SERVICE
«o)                       ITIES—BASED SERVICE
5)                         IVATE LINE RESALE SERVICE
mefe]                     LE     SATELLITE SERVICE
wA       _INTERNATIONALSPECIALPROJECT
asil     __SWITCHEDRESALESERVICE
KX
         _—TRANSFEROFCONTROL
                     F LICENSE
—0Q      _SPECIALTEMPORARYAUTHORITY
_—O      _SUBMARINECABLELANDINGLICENSE


                                   Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, DC 20554




                                             ht t B enc fine Bcfi tfineatine sttz
In the Matter of

Shell Offshore Services Company,
Assignor

Stratos Offshore Services Company,                                                 File No. _
Assignee
Application for Assignment of Authority
Under Section 214of the
Communications Act of 1934, as
Amended




           APPLICATION FOR ASSIGNMENT OF SECTION 214 AUTHORITY


I.     INTRODUCTION


              Shell Offshore Services Company ("SOSCO" or "Assignor") and Stratos

Offshore Services Company ("Stratos Offshore" or "Assignee") hereby apply, pursuant

to Section 214 of the Communications Act of 1934, as amended ("Cormmunications

Act") for authority to assign the above—captioned Section 214 authority from SOSCO to

Stratos Offshore.

              Part II of this Application describes the proposed assignment and

demonstrates that grant of this Application is in the public interest. Part III provides the

information required by 47 C.F.R. § 63.18.


II.           DESCRIPTION OF TRANSACTION AND PUBLIC INTEREST
              STATEMENT


              SOSCO requests Commission approval to assign its Section 214 authority

to provide global resale services to Stratos Offshore. Pursuant to an agreement dated

December 6, 1999 and p«efiding FCC approval, Stratos Global Corporation, a parent of

Stratos Offshore intends to purchase the assets of SOSCO, including numerous FCC

authorizations that will permit Stratos Offshore to provide wireless communications

services in the Gulf of Mexico and the surrounding coast of the United States.

              The proposed assignment of Section 214 authority is in the public interest

because it will permit Stratos Offshore to provide a full—range of telecommunications

services to users operating in the Gulf of Mexico and the surrounding coast of the

United States. This will result in increased and improved service offerings that will

benefit U.S. consumers.

III.          INFORMATION REQUIRED BY SECTION 63.18


              The following information is provided in compliance with 47 C.F.R. §

63.18:

         a.   The name, address and telephone number of the Assignor is:

              Shell Offshore Services Company
              701 Poydras Street
              Suite 1500
              New Orleans, Louisiana 70161
              (800) 600—9610


             The name, address and telephone number of the Assignee is:

             Stratos Offshore Services Company
             6903 Rockledge Drive, Suite 500
             West Bethesda, MD 20817
             (709) 748—4203


      b.     SOSCO and Stratos Offshore are U.S. corporations organized under the

laws of Delaware.

      6.     Correspondence concerning this Application should be directed to:

                    Shell Offshore Services Company
                    701 Poydras Street
                    Suite 1500
                    New Orleans, Louisiana 70161
                    Attention: Gregory Necaise
                    (800) 600—9610

                    Stratos Offshore Services Company
                    6903 Rockledge Drive, Suite 500
                    Bethesda, MD 20817
                    Attention: Derek Woods, President
                    (301) 214—8700

            with copies to:

                    Alfred M. Mamlet
                    Marc A. Paul
                    Steptoe & Johnson LLP
                    1330 Connecticut Avenue, N.W.
                    Washington, D.C. 20036—1795
                    (202) 429—3000

                    Wayne V. Black
                    Keller and Heckman LLP
                    1001 G Street, N.W. Suite 500 W
                    Washington, D.C. 20036—1796
                    (202) 434—4100


       d.     SOSCO has received authority under Section 214 of the Communications

Act of 1934, as amended, to provide global resale services. See Overseas Common

Carrier Section 214 Applications and Section 310(b)(4); Actions Taken, 13 FCC Red.

22516 (1998) (granting global resale service authority to SOSCO). Stratos Offshore

has not received any Section 214 authorizations from the Commission.


       e.     Stratos Offshore and SOSCO seek authority, pursuant to 47 C.F.R. §

63.18(e)(3), to assign SOSCO‘s Section 214 authority to Stratos Offshore.

       f.     Not applicable.

       g.     Not applicable.

       h.     Stratos Offshore has the following direct and indirect 10 percent or greater

shareholders: (1) Stratos Holdings Inc. ("Stratos Holdings"), a Delaware corporation,

with a 100 percent ownership interest in Stratos Offshore, (2) Stratos Global

Corporation ("Stratos Global"), with a 100 percent interest in Stratos Holdings; (3)

NewTel Enterprises Ltd. ("NewTel"), with an approximately 64 percent interest in Stratos

Global; (4) Aliant Inc. ("Aliant"), with a 100 percent interest in NewTel; (5) Bell Canada,

with a 41.6 percent interest in Aliant Inc.; and (6) BCE Inc. ("BCE"), with an 80 percent

interest in Bell Canada.‘

              Currently, Stratos Offshore is controlled by Aliant with an approximately 64

percent interest in Stratos Global. BCE, in turn (through its subsidiary Bell Canada),



1     The other 20 percent of Bell Canada is owned indirectly by SBC
Communications, Inc. through Ameritech Corporation.


                                            —4_


holds a 41.6 percent interest in Aliant, with the Aliant stock widely held. As set forth in a

Section 214 Application for Transfer of Control filed on December 3, 1999 by BCE, BCE

intends to acquire an additional 11 percent of Aliant‘s stock, which will place BCE in

control of Aliant as an owner of approximately 53 percent of its stock. See Section 214

Application for Transfer of Control filed by BCE Inc., File No. ______ (filed Dec. 3, 1999).

Once BCE acquires control of Aliant and when the Commission approves BCE‘s

Section 214 Application, BCEwill have indirect control of Stratos Offshore via its control

over Stratos Offshore‘s parent company, Stratos Global Corporation, through its

controlling interest in Aliant.

       With respect to interlocking directorates, Stratos Offshore notes that it has two

directors, Derek Woods and George Kilguss, who are also directors of the Canadian

companies Stratos Global and Stratos Wireless.

       The principal place of business of Stratos Holdings is as follows:

               Stratos Holdings, Inc.
               6903 Rockledge Drive, Suite 500
               Bethesda, MD 20817

       The principal place of business of Stratos Global Corp. is as follows:
             Stratos Global Corp.
               Suite 5200 — Scotia Plaza
              40 King Street West
              Toronto, Ontario MSH 3Y2
              Canada


       The principal place of business of NewTel is as follows:

              NewTel Enterprises, Ltd.
              P.O. Box 2110
              Fort William Building
              10 Factory Lane
              St. John‘s, Newfoundland A1C5H6
              Canada


       The principal place of business of Aliant Inc. is as follows:

              Aliant, Inc.
              One Brunswick Square
              P.O. Box 5030
              Saint John, New Brunswick E2L 4L4

       The principal place of business of BCE Inc. is as follows:

              BCE Inc.
              1000, rue de La Gauchetiere Street West
              Bureau 3700
              Montreal, Quebec
              Canada H3B 4Y7

       The principal place of business of Bell Canada is as follows:

              Beill Canada
              105 Hotel—de—Ville
              Hull, Quebec
              Canada J8X 4H7

              Stratos Offshore certifies, by signature to this Application, that it is

affiliated with the foreign carriers listed in Appendix 1. These carriers are located in

Canada, Colombia, Mexico, India and Brazil.

      J.      Other than the carriers and countries identified in Appendix 1 as part of

section (i) above, Stratos Offshore does not seek to provide international

telecommunications services to any destination country where:


                                             —6—


              (1) Stratos Offshore is a foreign carrier in that country; or

              (2) Stratos Offshore controls a foreign carrier in that country; or

              (3) Any entity that owns more than 25 percent of Stratos Offshore, or that

controls Stratos Offshore, controls a foreign carrier in that country.

              (4) Two or more foreign carriers (or parties that control foreign carriers)

own, in the aggregate, more than 25 percent of the applicant and are parties to, or the

beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting

the provision or marketing of international basic telecommunications services in the

United States.

       k.     Canada, Colombia, Mexico, India and Brazil are each WTO—member

countries.

       1.     As demonstrated in section (m) below, Applicant is entitled to non—

dominant status on all routes except the U.S.—Canada route because each of its

affiliates (outside of Canada) controls less than 50 percent of the local access and

international transport markets.

       m.     Stratos Offshore certifies by its signature to this Application that it will

comply with the Commission‘s dominant carrier regulations on the U.S.—Canada route.

Stratos Offshore qualifies for non—dominant status on all other routes where it has

affiliates. As noted in Appendix 1, Stratos Offshore is affiliated with cellular carriers in

India and Colombia. In Brazil, Stratos Offshore is affiliated with a carrier which provides

heavy route space segment services. In Mexico, Stratos Offshore is affiliated with a

newly authorized competing carrier of local and long distance services. Each of these
                                             _7


affiliates clearly controls far less than 50 percent of the local access and international

transport markets. In short, since Stratos Offshore is not affiliated with any foreign

carrier (outside of Canada) with sufficient market powerto affect adversely competition

in the U.S. market, Stratos Offshore is entitled, under Section 63.10(a)(3), to non—

dominant status on all routes otherthan the U.S.—Canada route."

       n.     Stratos Offshore certifies that it has not agreed to accept special

concessions directly or indirectly from any foreign carrier or administration with respect

to any U.S. international route where the foreign carrier possesses sufficient market

power on the foreign end of the route to affect competition adversely in the U.S. market

and will not enter into such agreements in thefuture.

       o.     By its signature to this Application, Stratos Offshore certifies pursuant to

47 C.F.R. § 1.2002 that it is not subject to denial of any federal benefits pursuant to

Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a.

       p.      As stated above, Stratos Offshore is entitled to streamlined processing

pursuant to Section 63.12 of the Commission‘s Rules because (1) Canada is a member

of the WTO and Stratos Offshore certifies, by signature to this application, that it will

comply with the Commission‘s dominant carrier regulations on the U.S.—Canada route

(47 C.F.R. § 63.12(c)(1)(v)); and (2) as noted in paragraph (m) above, Applicants are



2      Bell Canada recently filed a petition for declaratory ruling seeking its removal
from the Commission‘s "List of Foreign Telecommunications Carriers that are Presumed
to Possess Market Power in Foreign Telecommunications Markets." See Petition of Bell
Canada, Inc. (filed Nov. 4, 1999).


entitled, pursuant to 47 C.F.R. § 63.10(a)(3), to non—dominant status on all other routes

(47 C.F.R. § 63.12(c)(1)(ii)).

IV.           CONCLUSION


              For the reasons set forth above, SOSCO and Stratos Offshore hereto

request that the Commission promptly grant this Application to assign SOSCO‘s Section

214 authority to Stratos Offshore.



                                          Respectfully submitted,


                                         Stratos Offshore Services Company



                                         By:

                                         Title:   Derek Woods




Alfred M. Mamlet
Marc A. Paul
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
202—429—3000

Counsel for Stratos Offshore Services Company




Dated: December 29 1999


                                     Respectfully submitted,


                                     Shell Offshore Services Company



                                     By:                             <_

                                     Title:
                                                Y 4SDb    \r\,-‘f"

Wayne V. Black
Keller and Heckman LLP
1001 G Street, N.W. Suite 500 W
Washington, D.C. 20036—1796
(202) 434—4100

Counsel to Shell Offshore Services Company




December 20 1999




                                      — 10 —


                                                                — FOREIGN                   FILIATE




  f     Company                   O u0_ Description of*                                                ~~Sountry _
BCE Nexx1a Inc.               | ‘rovides high speed                                                      ~anada
Bell Advanced                 ‘ Peseller of telecommunciations services.                                 Canada
Communications 1998 Inc.      |
Bell Canada (*)                 ‘rovides local, long distance, and international voit                    anad .
                              __a Ontario and Québec, Canac
Bell Mobility Cellular Inc.   | Provides of cellular and PCS services in Ontario and Québec, Canada.     Canada
Bell Mobility Paging Inc.         ‘rovides paging serv1cesinOntarlo and Quebec Canat                      ~anada
Bell Satellite SeIVoo a.~.    | & av ravv0 vilfboo vo mvare raveev surm suigne uprese uie vea ravew.     ~anada
Comunicacion Celular S.,           ovides cellular service                       U                        jomb
Comcel S.A. (Comcel)          ,
ConneCTIvity Managed              ‘rovides resold data servic                                            ~anada
Network Services Inc.
Darome Canada l.._.           | +~~..~~~ «‘Jeconferencing servi                                          ~anada
Infosat Telecommunication        ‘rovides mobi                                                           ~anada
Iridium Canada                ‘ Provides mobilesatellite services.                                       anada
Communications Inc.           |                                                         —
Island Telecom Inc.              ‘rovides local, long distance, and international ser                     anada
                              ! »dward Island, Canada. (See Note 1 *—*—— *


     ~_ Companvy —           _0       |—      __   00 _        _ _==> ~‘Descrintionof Service ~_—           —      _   S       |   Country _
Maritime&Tel Limited              | Provides local, long dictance and internatinnal eervicee in Nava                       I        Canada
                                  1 Scotia, Canada. (See inote 1 below.)                                                   1                    1
MT&T Mobility !—                            2oof4—— ~offr~— ned 4 Pnb—~                                                              ‘mada
                                  1 in Nova Scotia, Canada. (See Note 1 below.)                                            |
NBTel Inc.                                  harddan fagnt Inan dinmans ols                                                           mada
                                  | data services in New Brunswick. Canada. (See Note 1 below.)                            |
NewTel Mobility * ‘+~‘*=5                    w/"dse irele$$ SETVICEo im ivuwivunuiauu auu naviauui. vauaua.                1        van~*~
                                  I                                                                                        1
NewTel Communt~~"~~— —                      ravridao "‘CEI], 1UUp, UISLGLIUC, dLU LLULCILLUG@UUILIdI SCLVIUCS in           1        vanada
                                  | Newtoundland and Labrador. Canada. (SeL inuuw 1 uuauw.s                                1
NorTel MObility Inc.              | rrovides cellUlau se vives ui ivurucastcin vuar 1v, vauaua.                            |        vanada
Northern Telephone Limited        | Provides local telephonse cervice in Nartheactarn Ontarin (Canada                      |        Canad"
                                  1                                                                                        1                    1
Northwestel Inc.                            ravidse l!ncal and IOIlg disance ser vices im me q uxon anu inNurnuwest        1        wanada

                                  | Territories and British CO:1umwia. vauaua.                                             1
Northwestel MObility Inc.                  — tovides the wireless SEFViGes in uuc i unuu auu inNuiruuwest 1 cii1uiLIcs              \,fiua
                       '                   and British Columbia. Canada.
Occidente Y Caribe Colnlar                  reavidee RellUJ@f you yaues n uuc wosicii icraun un uuinunmna                  1       i ,ulombia

S.A. (Occel)                      1                                                                                        1
SkyTel Communic~*~~—                        mremides Si+liNne passcuget cumumunicauon services.                            i        anada
Corporation                       I                                                                                        1
Stratos Wireless, "~~—      <o—"~"Idss ~obile auu L1XCU SALCHLILE SELVICES.                                                1         ans ~
Tata Communications Limited | Provides cellular services in the ctate nf Andhra eraaeen inaia                              1         india      1
(Tata)                      |                                                                                                                   |


          ‘Company _ _            _       _ o o s awie              Descrlptlon ofServnce stt c Cl                              o   _ Country: _
Télébec Itée                          |   Prowdes local and long d1stance services in Quebec Canada                                      Canada
Télébec Mobilité Inc.                     Provides cellular and other wireless services in Québec, Canada.                               Canada
Telefonia Inalambrica del                 Holds a concession (1996 telephony license) to offer local and long                            Mexico
Norte S.A. de C.V.                        distance services in Mexico.
Telesat Canada                            Provides space segment satellite service in Canada.                                            Canada
Telesat Servigcos de                      Provides heavy route space segment services in Brazil.                                          Brazil
Telecommunicacio S.A.
TMI Communications and                    Provides mobile satellite services.                                                            Canada
Company, L.P.



       Note 1: Some 1                                                                   n n en n on ene en eenenene ene on e renaben ermactrenatics a rearr ues
               Management (Stentor), a workmg association of nine Canadlan te]ephone compames and Telesat Canada (Telesat). The Stentor members are:
               BCT.TELUS Communications, Inc., Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc.,
               NewTo! Commuininstians Ina         and °askatchewan Telecommunications. Northwestel, Québec—Téléphone and Telesat are associate members of
               SteNtOGi .   auivoar 10 uin U murasupuiaw! ui uiy vauauran LUIIcCout Ddatciil oyswun.



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Document Modified: 2019-04-19 01:18:23

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