Attachment 20170502093415-157.p

20170502093415-157.p

SUPPLEMENT

Supplement

2012-07-16

This document pretains to ITC-T/C-20120716-00183 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2012071600183_1453915

                              Federal Communications Commission
                                     Washington, D.C. 20554


International Bureau


                                                                                      July 23, 2012

Ambassador Philip L. Verveer
U.S. Coordinator
Office of International Communications and Information Policy
Bureau of Economic, Energy and Business Affairs————————Room 6820
U.S. Department of State
2201 C Street. NW
Washington, D.C. 20520—5818

Re: Hawaiian Island Fiber Network
SCL—T/C—20120713—00009

Dear Ambassador Verveer:

        We have received an application filed by Wavecom Solutions Corporation ("Wavecom")
seeking Commission consent to the transfer of control ofthe landing license for the Hawaiian
Island Fiber Network (File No. SCL—MOD—20001025—00036) to Hawaiian Telcom, Inc. ("HTI").
This License is operated on a common carrier basis, and is jointly owned with tw telecom of
Hawaii, L.P, a competing common carrier. The submarine cable provides connections among six
of the Hawaiian islands and is connected to the Pacific Rim.

       HTI is wholly owned by Hawaiian Telcom Communications, Inc., which in turn is
wholly owned by Hawaiian Telcom Holdco, Inc. ("Holdco). Twin Haven Special Opportunities
Fund III, L.P., a Delaware limited partnership, holds an 11% interest in Holdco.

        The above—referenced application has beenfiled pursuant to the provisions of the Cable
Landing License Act, 47 U.S.C. §§ 34—39, section 1.767 of the Commission‘s rules, 47 C.F.R. §
1.767, and Executive Order No. 10530, § 5(a) (May 10, 1954), reprinted as amended in 3 U.S.C.
§ 301. The applicant has certified that on July 17, 2012, it has served copies of the
application to the Department of State, NTIA, and DOD as required by the Commission‘s
rules 47 C.F.R. §1.767 (J).

         This letter begins the 30—day review process set out in the letter from the Under Secretary
of State for Economic, Business, and Agricultural Affairs to the Chairman, Federal
Communications Commission (dated Dec. 3, 2001).



                                                          Yours truly,             j
                                                            2 1se              ,M-w-js__
                                                            eorge L1
                                                          Deputy Chief, Policy Division

eg:      Doug May, DOS/EEB/CIP
         Christopher Hemmerlein, DOC/NTIA/OCC
         Hillary Morgan, DOD, DISA


                                           Federal Communications Commission
                                                Washington, D.C. 20554



 International Bureau
                                                                               E—mail:   James.Ball@fee.goy
                                                                                          George. Li@fec.gov
                                                                                         (202) 418—1462
                                                                                         (202) 418—2824 (fax)
                                                                                         August 3, 2012
                                                                                         Ref: EB 2012—21

 Hillary Morgan                (301) 225—6113              Douglas May                   (202) 647—5276
 Shawn B. Cooley               (202) 282—8489              Alex Daman                    (202) 282—9940
 Christopher Hemmerlein        (202) 482—1885              Edward T. Hand                (202) 514—2464
 Jonathan McHale               (202) 395—5656              Richard Sofield               (202) 233—0702
 Robert Spive                  (202) 324—5505              Sean Desmond                  (202) 456—6068

            Re:         Wavecom/Hawaiian Telecom (HTT)
                        WC DK 12—206 (DA 12—1264 rel. August 3, 2012)

                        YTC—T/C—2012—0716—00183                           ISP—PDR—20120716—00003
                        SCL—T/C—20120716—00009                            File No. 0005305989 (WQEH949)


            Comments Due: September 4, 2012
            Reply Comments Due: September 19, 2012


 Dear Sir or Madam:


         Wavecom Solutions Corporation (Wavecom) and Hawaiian Telcom, Inc. (HTT)
 (together, Applicants) filed a series of applications pursuant to sections 214 and 310(d) of
 the Communications Act of 1934, as amended (Communications Act), and the Cable
 Landing License Act of 1921, seeking approval for the transfer of control of Wavecom to
 HTI Specifically, Applicants seek approval to transfer control of domestic and
 international section 214 authorizations, a cable landinglicense, and various wireless
 licenses. Hawaiian Telcom Holdco, Inc. (Holdco), the ultimate parent corporationof
 HTI, also requests that the Commission extend Holdco‘s current authority under section
©310(b)(4) of the Act regarding foreign ownership to include common carrier licenses and
 authorizations held by Wavecom.

         Applicants state that HTI is wholly owned by Hawaiian Telcom Communications,
 Inc., which in turn is wholly owned by Holdeco, a Delaware corporation. Twin Haven
 Special Opportunities Fund III, L.P. (Twin Haven Fund), a Delaware limited partnership,
 holds an 11 percent interest in Holdco. Twin Haven Fund is controlled by its general
 partner, Twin Haven Special Opportunities Partners III, LLC (Twin Partners), a Delaware
 limited liability company, which votes the shares held by Twin Haven Fund. Twin
 Partners is controlled by Rob Webster and Paul Mellinger, the sole managing member of
 Twin Partners, each of whom is a U.S. citizen. Applicants state that Holdco common
 stock is publicly traded and is widely held. Although no single foreign individual or
 entity has a ten percent or greater interest in Holdco, its aggregate foreign ownership
 exceeds 25 percent. They further assert that the Commission has previously permitted



Document Created: 2019-05-31 11:53:57
Document Modified: 2019-05-31 11:53:57

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