Attachment 20170629111720-487.p

20170629111720-487.p

SUPPLEMENT

Supplement

2008-04-04

This document pretains to ITC-ASG-20080404-00164 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2008040400164_1552611

                                                                                                   Page 1 of 2


 Mikelle Morra

  From:    David Krech
  Sent:    Thursday, May 01, 2008 3:40 PM
  To:      Mikelle Morra
  Co:      Sumita Mukhoty; Susan OConnell
  Subject: RE: also for tomorrow‘s aff pn

ITC—ASG—20080404—00164                      PTI PacificaInc.

Assignment

Current Licensee:                           IT&E Overseas, Inc.

From:                                       IT&E Overseas, Inc.

To:                                         PTI Pacifica Inc.

Application for consent to assign international section 214 authorization, ITC—214—19970326—00172 (Old File
No. ITC—97—184), held by IT&E Overseas, Inc. (IT&E) to PTI Pacifica Inc. (PTI Pacifica), an indirect, wholly—
owned subsidiary of Pacific Telecom Inc. (PTI). PTI proposes to buy the telecommunications assets of IT&E,
including its authorization, infrastructure, and subscriber bases. Prospector Investments Ltd. (Prospector), a
Cayman Islands entity, holds a 75% interest in PTI, and Sumitomo Corporation, a Philippine entity, holds a
20% direct and a 5% indirect interest in PTI. Richard C. Delgado and Jose Ricardo Delgadoboth citizens of the
Philippines, own 60% and 40% ownership interests in Prospector, respectively. No other individual or entity
has a 10 percent or great direct or indirect equity or voting interest in PTI or PTI Pacifica.


From: Mikelle Morra
Sent: Thu 5/1/2008 3:19 PM
To: David Krech
Cc: Sumita Mukhoty; Susan OConnell
Subject: RE: for tomorrow‘s aff pn

Are you sending one more?

MikeUe

Mikelle Morra
Mikelle.Morra®fcc.gov
Federal Communications Commission
International Bureau/ Policy Division
202—418—7151




 From: David Krech
 Sent: Thursday, May 01, 2008 2:53 PM
 To: Mikelle Morra
 Ce: Sumita Mukhoty; Susan OConnell
 Subject: for tomorrow‘s aff pn


5/1/2008


                                                                                                    Page 2 of 2


 ITC—T/C—20080408—00168               Global Connection Inc. of America

 Transfer of Control

 Current Licensee:                    Global Connection Inc. of America

 From:                                 Global Connection Inc. of America

 To:                                  L6—Global, LLC

 Application for consent to transfer control of international section 214 authorization, ITC—21420040421—
 00150, held by Global Connection Inc. of America (Global), to L6—Global, LLC (L6—Global). Pursuant to the
 contemplated transaction Global Connection Holdings Corporation (Global Holdings), a U.S. entity
 established solely for accomplishing this transaction, will acquire 100% membership interest in Global. After
 closing, Global Holdings will be owned as follows: L6—Global (80%), Sam Abdallah (20%). L6—Global
 Manager LLC (L6—Global Manager) is the managing member of L6—Global. In turn, two individual, both U.S.
 citizens, hold membership interests in L6—Global Manager. No other individual or entity will hold 10 percent
 or greater equity or voting interest in Global.




5/1/2008


                                                                                                               Page 1 of 1


 Mikelle Morra

  From:          Janeese Parker
  Sent:          Friday, May 16, 2008 12:41 PM
  To:            Janeese Parker; ‘jinsunghahncpa@gmail.com‘; ‘tcooney@wbklaw.com‘
  Co:            George Li; David Krech; Susan OConnell; Joann Ekblad; James Ball; Veronica Garcia—Ulloa; ‘Daman,
                 Alex (DHS)"; ‘Pinto, Greg (DHS)‘; Mikelle Morra; ‘Pifer, Jon (LEO); ‘Connors, John‘; ‘Daniels, Douglas‘;
                 ‘TTelecom‘; ‘Ongman, Joanne‘; ‘Rockoff, Jennifer‘
  Subject:       RE: FCC Section 214 Removed from Streamlined
  Attachments: TEL—O01270S. pdf


OPENPOP.COM, INC.
ITC—214—20080418—00194

PTIPacificiaInc.



The above referenced applications were placed on Public Notice on May 2, 2008 for streamlined
processing. Since the Public Notice was released, the Commission has been requested by the Executive
Branch agencies of the United States that we remove the subject applications from streamlined processing
because of foreign ownership issues. Therefore, pursuant to Section 63.12(c)(3) of the Commission‘s
Rules, we have removed the applications from streamlined processing.

Please be advised that your company may not commence operations until the Section 214 authorization is
granted. See Section 63.12(d) of the rules, 47 C.F.R. Section 63.12(d). The Executive Branch will contact
you or the "Contact" listed on your application directly for further information. You can be assured that
your application will be processed expeditiously upon completion of Executive Branch‘s review. We will
notify you by e—mail when your application is granted.

The Public Notice Report No. TEL—O1270S (released May 16, 2008), is attached. If you have any
questions, please email: Mikelle. Morra®@fcec.gov, JoAnn.Ekblad@®fcec.gov, Susan.Oconnell@®fcc.gov,
David.Krech@fcec.gov, and George.Li®fcc.gov or fax to 202—418—2824.

Thank you.

Janeese Parker
FederalCommunications Commission
InternationalBureau/Policy Division
Phone: (202) 418—0707
E—mail: Janeese.Parker@fce.gov




5/20/2008


                                                                                               copy
                               Fed »ral Communications Commission                     FILED/ACCEPT ED
                                        W ashington, DC 20554                                MAY1 8 2008
                                                                                     Federal Comm unic itions Comm
                                                                                                                   isision
I1r. the UMatter 0:                                    )                                    Office of th Secretary
                                                       )
I7T&E DVERSEAS, INc.,                                  )
Ass gt or                                              )   File No. JITC—ASG—20080404—00164
                                                       )
and                                                    )
                                                       )
P T P. ciFica Inc.,                                    )                          RECEIVZ D
Ass gr ee                                              )

Application fo: Ass gament of Domestic ard )
                                                       )                             MA v  2 7 2008
Irte n:tional Authotrity Uarder Section 214 of )                                     Policy Division
tke 2c mmunications Act, is An endec.                  )                          international Bureau

PACIFI2 TELECOM INZ.                                   )   —File Nos. ISP—PDR—20080403—0007
                                                       )   —SES—ASG—20080404—00423
P ti i0 a for Declaratory                              )   ULS 0003356838
Rul ng Under Sectioni 310b)(4)                         )
ofthe Zommunicaticns Act of 1 234, s                   )
Am :nled, to Permit Acequ sitior of                    )
Cor it on Carrier Licanses                             )
                                                       )

        JOINT OPPOSITION T O PE TITION ""O IMPOSE CONDITION IN ABOVE—
                         REFEJIENCED PROCEEDINGS


         PTI Pacifica Inc. ("PTI Pacifica" or "Assignee") and IT&E Overseas, Inc. ("IT&E" or

"Assignor") (together "Applicants") jointly file this opposition to the Petition to Condition filed

May 12, 2008, by Choice Phone, LLC, Pacific Data Systems, Guam Cellular and Paging Inc.,

and GTA TeleGuam, LLC (collectively, "Petitioners") in the above—captioned proceedings

("Petition to Condition Referenced Proceedings *j.3


        1 Petition to Condition filed by GTA Telecom, LLC, Guam Cellular and Paging, Inc., Choice Phone, LLC
and Pacific Data Systems, ITC—ASG—20080404—00164, ISP—PDR—20080403—00007, SES—ASG—20080404—00423,
ULS 0003356838, May 12, 2008 ("Petition to Condition Referenced Proceedings").


         The Petition to Condit           »ferenced Proceedings            the subject of this Opposition is

 identical, except for the file m         ‘s in the caption of the j     ng, to the Petitioners‘ Petition to

 Condition filed in WC Dock               . 08—54.     Applicants ;       e a substantive response to the

 Petitioners‘ allegations in thei         : opposition filed in that     et on May 19, 2008.

         In this opposition Ap;           ts explain, on the othe         d, why the Commission should

 disregard the Petitioners‘ alle          is in any ofthe above—         aced application proceedings on

 procedural grounds.        First, t}     e period for filing peti       against the application to assign

 the wireless licenses (ULS Fi            . 0003356838) expired           25, 2008;* and Petitioners have

 not requested leave, nor prov            | justification, to file 01    ime. In accordance with recent

 FCC precedent enforcing its ;            ural rules strictly," the      aission should reject the Petition

 to Condition ReferencedProc              zs as untimely filed wit        ect to the ULS application.

         Second, the Petition t           dition Referenced Proc         gs lists a petition for declaratory

_ruling filed by the parent (             my of PTI Pacifica (            c Telecom Inc.) seeking FCC

 authorization for indirect fore          wnership of common c            licenses above 25 percent. The

 Petition to Condition Refer              1 Proceedings, howev           aises no argument whatsoever

 challenging Pacific Telecom‘s            ion and, therefore, shou       disregardedin that proceeding.

         Third, the Petition to           dlition Referenced Pro«        igs also supposedly opposes an

 application to assign an earth station license; but the earth station only receives a passing

 reference in a footnote.* Indeed, the focus of Petitioners‘ pleading (PTI‘s alleged high rates for

 its inter—island submarine cable) has no relevance to the earth station application. The Petitioners


         2 See FCC Public Notice: Wireless Telecommunications Bureau Report 3974, April 9, 2008, at 2.

        * See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network
 Program "Married By America" on April 7, 2003, File No. EB—03—IH—0162, Order, DA 08—819 (rel. April 4, 2008).

         * Petition to Condition Referenced Proceedings, at 8 n.28.


make no allegation that the earth station at issue is a bottleneck facility, nor could they. Any and

all of the Petitioners that choose to file an appropriate application could receive a substantially

identical earth station license on Guam from the FCC.

       Finally, the Petition to Condition Referenced Proceedings lists an international Section

214 application. Again, the Petitioners‘ pleading makes no argument that PTI Pacifica should be

barred from receiving authority to provide international services (which PTI Pacifica already

possesses under a separate authorization); and thus the pleading should be disregarded as

irrelevant with respect to the above—captioned international Section 214 proceeding.

       As noted above, Applicants address the merits of Petitioners‘ allegations in their

concurrently filed opposition filed in WC Docket No. 08—54, which pleading is hereby

incorporated by reference.

                                                    Respectfully submitted,

IT&E OVERSEAS, INC.                                PACIFIC TELECOM INC.



John A. Prendergast                                Kenneth D. Patrich
Richard D. Rubino                                  Timothy J. Cooney

Blooston, Mordkofsky, Dickens, Duffy                WILKINSON BARKER KNAUER, LLP
  & Prendergast, LLP                                2300 N Street, NW., Suite 700
2120 L Street, N.W., Suite 300                      Washington, D.C. 20037
Washington, D.C. 20037                              (202) 783—4141
(202) 659—0830

Its Attorneys
                                                   Its Attorneys


May 19, 2008


                                  CERTIFICATE OF SERVICE

       I, Paula Lewis, do hereby certify that on this 19°" day of May, 2008, a copyofthe
foregoing Joint Opposition to Petition to Condition was served via email upon the following:

Best Copy and Printing, Inc.                     Tracey Wilson—Parker
Federal Communications Commission                Competition Policy Division
445 12"" Street, SW, Room CY—B402                Wireline Competition Bureau
Washington, DC 20554                             Federal Communications Commission
fec@bepiweb.com                                  445 12"" Street, SW, Room 5—A103
                                                 Washington, DC 20554
                                                 Tracey.Wilson—Parker@fee.gov
Matt Warner
Competition Policy Division                      David Krech
Wireline Competition Bureau                      Policy Division
Federal Communications Commission                International Bureau
445 12"" Street, SW, Room 5—C347                 Federal Comm cations Commission
Washington, DC 20554                             445 12"" Street,       V, Room 7—A664
Matthew.Warner@fee.gov                           Washington, D(         :0554
                                                 David.Krech@:          .gov

Jim Bird                                         Jay Shedd
Office of General Counsel                        CEO
Federal Communications Commission                Guam Cellular  1 Paging Inc.
445 12"" Street, SW, Room 8—C824                 219 South Mari   Corps Drive
Washington, DC 20554                             Suite 206 Cent  Plaza
Jim.Bird@fee.gov                                 Tamuning Gua 26913
                                                 jshedd@guame....com

Robert J. Maloney                                Eric Votaw
Chairman & CEO                                   Vice President Regulatory and Marketing
Pacific Data Systems                             GTA Teleguam, LLC
95—1146 Anuanu Street                            624 N. Marine Corps Drive
Mililani, HI 96789                               Tamuning, GU 96913
rim@pdshawaii.com                                evotaw@gta.net

Thomas K. Crowe                                  John Connors
Cheng—yi Liu                                     National Security Division
Law Offices of Thomas K. Crowe, P.C.             U.S. Department of Justice
1250 24"" Street, NW, Suite 300                  950 Pennsylvania Avenue, N.W.
Washington, DC 20037                             Washington, DC 20530
firm@tkerowe.com                                 john.connors@usdoj.gov




                                                     WC@QKZ%M
                                                        Paula Lewis
                                                                    7           7



Document Created: 2019-06-12 21:48:31
Document Modified: 2019-06-12 21:48:31

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC