Attachment Awesome STA

This document pretains to ITC-STA-20020611-00284 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2002061100284_286810

June 13. 2002 William IX. Coulter Elizabeth Holowinski Counsel for Awesome Communications, Inc. Coudert Brothers LLP 1627 I Street, N.W. Washington, D.C. 20006-4007 RE: Requests for Special Temporary Authority to Acquire Control of WC1 Cable and Its Dear Mr. Coulter and Ms. Holowinski: This correspondence is in response to your June 11. 2002, letters requesting. on behalf of Awesome Communications, Inc. (“Awesome”), Special Temporary Authority (STA) for Awesome to acquire control of WC1 Cable, Inc. (“WC,,‘) and its wholly-owned subsidiary. Alaska Northstar Communications (“Alaska Northstar”), holders of an international Section 2 14 authorization and two cable landing licenses. respectively.’ Your letters state that Awesome filed these STA requests in connection with a plan of reorganization Awesome submitted, on or before Apnl 19, 2002, to the bankruptcy court overseeing the reorganization of WCI, in which plan of reorganization Awesome Communications seeks to acquire 100% of the stock of WCI. You further state that grant of the STAs would permit Awesome Communications to acquire control of the Commission licenses and authorization by deadlines established by the bankruptcy court. Specifically, you state that grant of an STA by June 13, 2002, would provide the bankruptcy court with the assurances it has requested that Awesome is qualified and appropriately authorized under the Commission’s rules to control WC1 and Alaska Northstar. Further, you state that grant of an STA by June 13. 2002. would allow Awesome to consummate this transaction , See Application for Special Temporary Authority to Transfer Control of Cable Landing License> (filed lune 11. 20021 (“Submarme Cable STA Letter”); Application for Special Temporary Authority to Transfer Control of Authorized Section 214 International Carrier (filed June I!, 20031 (“International Section 214 Letter”). Awesome also filed a third letter seeking STA authoritv to transfer control of WCI’s and Alaska Fiber Star L.L.C.‘s domestic Section 214 authorizations. See Application for Special Temporary Authority to Transfer Control of Authorized Section 214 Domestic Carriers (filed June Il. 2003-j (“Domestic Section 214 Letter”). This third lettr involves matters not within the delegated authoritv of the International Bureau. but within the delegated author! the Commission’s Wireline Competition Bureau. -See 47 C F R $3 0 261 0 291

the date on which the bankruptcy court is expected to confirm a successful bidder in this proceeding. Awesome concurrently has filed the requisite underlying applications, pursuant to Parts 1 and 63 of the Commission’s rules. to acquire control of WC1 and Alaska Northstar and the related submarine cable landing licenses and international section 214 authorizations held b\, WC1 and Alaska Korthstar.’ Upon initial review. with the exception of the transferor’s signature and comportrng transferor information. there is nothing in Awesome’s two underlying applications that would prevent us from finding the applications to be acceptable for filing.’ Once we receive confirmation that Awesome is the successful bidder in the bankruptcy court proceedings and the transferor adds its signature and related information to the applications. we iii11 act upon Awesome’s STA request. subject to receiving the necessar!’ approval of the State Department with respect to the cable landing licenses. We will do all we can to facilitate providing the necessary authorizations within the time constraints imposed by the bankruptcy court. As noted in your requests, the Commission previously has granted the timely-filed applications for the transfer of control of the cable landing licenses and the international section 2 14 authorization held by WC1 and Alaska Northstar to Neptune Communications LLC (“Neptune”). In those grants, we recognized that there existed at least one competing bidder other than Neptune, and noted the possibility existed that Neptune ultimately would not acquire control of Alaska Northstar pursuant to the bankruptcy court proceeding.’ Accordingly, a 2 See Application for Authority to Transfer Control of an Authorized International Carrier Pursuant to Section 214 of the Communications Act of 1934. as amended. File No. ITC-T/C-2002(filed June 11,2002) (“International Section 214 Application”); Apphcation for Authority to Transfer Control of Cable Landing Licenses. File No. SCL-TX-2007 (filed June I I, 2002) (“Submarme Cable Lsndmg Lxense Apphcotlon”). Neither ot i these applications includes the signatures of the purported transferors. Ser I&/ n. 3. 3 The International Sectlon 214 Application states that WC1 Cable, Inc. (Debtor-in-Possession) IS the purported transferor. In actuality. WC1 Cable. Inc.‘s parent AMP Life Limited would be the transferor whose signature would be required on the International Section 214 Application. Similarly. the Submarine Cable Landlnp License Appllcatlon states that Alaska Northstar Communlcatmns L.L.C. (Dsbtor-In-Possess-lun) IS the purported transferor when, in actuality, Alaska Northstar Communications L.L.C.‘s indirect parent AMP Life LImIted would be the transferor whose signature would be required on the Submarine Cable Landing License Application. See. e.g., itlfru n. 4 (Commission grants of authority to transfer control of WC1 Cable, Inc. and Alaska Northstar Communications L.L.C. to Neptune Communications). See also 47 C.F.R. $3 1.767-l ,768 for information required in a transfer of control application. 4 See AMP Life Lirnired (Trmsferor), Nepturw Cott~tt~~~tltcar~ot~s LLC (Trattsferee). Ala&r! Norrltstar Cotnmunications. LLC (Licensee and Assignor), Northstar License Corporation (Assi,ynee), Tratqfer of Conrroicd Assrgnnzent of L,icense. File Nos. SCL-T/C-20020123-00002, SCL-ASG-20020123-00003. Public Notice. DA 02 762 (TD/IB rel. April 4,2002) (transfer of control and assignment of submarine cable landing licenses): WC/ Cable. lttc. (Debtor-ltt-Possesslou), Appltcarion for Cottsrnr IO Tramjkr Coturol of WCI Cable. Itlc. (Debtor-itt-Possesswtt I frotn AMP Life Limited fo Neptune to Neptune Cotntmtlications LLC. File No. ITC-T/C-20020123-00074. Report No. TEL-005 I l, DA No. 02-682 (TD/IB rel. Mar. 20,2002) (transfer of control of international section 2 14 authorization). See also Chandalar Communications Corporation, Application for Authority to Transfer Control of Cable Landing Licenses Held by Alaska Northstar Commumcations. L.L.C. (Debtor-in-Possession), File No. SCL‘T/C-2002-422-00015 (filed April 22.2002); Chandalar Communications Corporation, Application for Authority to Transfer Control Pursuant to Section 214 of the Communications Act of 1934, as amended, of WC1 Cable. Inc.. 2

previous grant of authority to transfer control of WC1 or Alaska Northstar to Neptune should in no way’ be construed as a decision by the Commission as to which bidder is more qualified to hold the licenses. Awesome may present this letter to the bankruptcy court to inform it as to the status of Sincerely. times L. Ball. Chief Policy Division cc: Philip L. Malet (Counsel for Neptune) Troy Tanner (Counsel for Chandalar) Debtor-in-Possession, an Authorized U.S. International Carrier, File No. ITC-T/C-20020422-00199 (filed April 22,


Document Created: 2002-10-17 16:21:58
Document Modified: 2002-10-17 16:21:58
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