Attachment DA-16-492A1.pdf

DA-16-492A1.pdf

ORDER submitted by Federal Communications Commission

Order

2016-05-05

This document pretains to ITC-T/C-20150603-00139 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2015060300139_1135315

Federal Communications Commission DA 16-492 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Applications Filed by Altice N.V. and Cequel ) WC Docket No. 15-135 Corporation d/b/a Suddenlink Communications to ) Transfer Control of Authorizations from ) Suddenlink Communications to Altice N.V. ) ORDER Adopted: May 4, 2016 Released: May 4, 2016 By the Chief, Wireline Competition Bureau; Chief, International Bureau; Chief, Media Bureau; and Chief, Wireless Telecommunications Bureau: 1. On December 18, 2015, the Wireline Competition Bureau, International Bureau, Media Bureau, and Wireless Telecommunications Bureau (Bureaus) released a Memorandum Opinion and Order in this proceeding granting a series of applications, filed pursuant to sections 214 and 310(d) of the Communications Act of 1934, as amended (Act),1 seeking consent to various assignments and the transfer of control of licenses and authorizations held by wholly owned subsidiaries of Cequel Corporation d/b/a Suddenlink Communications (Cequel) to Altice N.V. (Altice).2 The Bureaus granted the applications conditioned upon compliance by Altice and Cequel with the commitments and undertakings set forth in the National Security Agreement (NSA) between Altice, Cequel, and the U.S. Department of Justice (DOJ), dated December 11, 2015.3 2. On April 26, 2016, Altice and Cequel filed a request that the national security condition in the Memorandum Opinion and Order be modified to also include compliance with a Letter of Agreement (LOA) dated April 18, 2016, transmitted by Cablevision Systems Corporation, Altice, and Cequel to the DOJ.4 The LOA incorporates by reference the December 11, 2015 NSA. In the LOA, Altice and Cequel agree to conditioning Altice’s and Cequel’s authorizations upon compliance with both the NSA and the LOA.5 3. When analyzing a transfer of control or assignment application, we consider any national security, law enforcement, foreign policy, or trade policy concerns raised by the relevant Executive Branch Agencies.6 We find that grant of the request by Altice and Cequel to modify the national security 1 47 U.S.C §§ 214, 310(d). 2 Applications Filed by Altice N.V. and Cequel Corporation d/b/a Suddenlink Communications to Transfer Control of Authorizations from Suddenlink Communications to Altice N.V., Memorandum Opinion and Order, 30 FCC Rcd 14352 (WCB/IB/MB/WTB 2015). 3 Id. at 14353, 14362-63, paras. 3, 24, 27. We refer to this as the “national security condition.” 4 See Letter from Yaron Dori, Counsel for Altice and Suddenlink, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 15-135 (filed Apr. 26, 2016), attaching April 18, 2016 LOA and December 11, 2015 NSA. 5 See LOA at 2. 6 See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, 12 FCC Rcd 23891, 23918-21, paras. 59-66 (1997); see also Review of Foreign Ownership Policies for Common Carrier and (continued…)

Federal Communications Commission DA 16-492 condition adopted in the Memorandum Opinion and Order will serve the public interest, convenience, and necessity. Therefore, we adopt this order modifying the national security condition of the grant. 4. IT IS ORDERED that, pursuant to sections 4(i)-(j), 5(c), 214, 303(r), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)-(j), 155(c), 214, 303(r), 309, 310(d), and sections 0.51, 0.61, 0.91, 0.131, 0.261, 0.283, 0.291, and 0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.51, 0.61, 0.91, 0.131, 0.261, 0.283, 0.291, and 0.331, the request of Altice N.V. and Cequel Corporation d/b/a Suddenlink Communications IS GRANTED. 5. IT IS FURTHER ORDERED that, pursuant to sections 4(i)–(j) and 214 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)–(j), 214, grant of the Applications in Applications Filed by Altice N.V. and Cequel Corporation d/b/a Suddenlink Communications to Transfer Control of Authorizations from Suddenlink Communications to Altice N.V., Memorandum Opinion and Order, 30 FCC Rcd 14352 (WCB/IB/MB/WTB 2015) IS CONDITIONED UPON the compliance by Altice N.V. and Cequel Corporation d/b/a Suddenlink Communications with the commitments set forth in both the December 11, 2015 National Security Agreement and the April 18, 2016 Letter of Agreement. A failure to comply and/or remain in compliance with any of these commitments and undertakings shall constitute a failure to meet a condition of the underlying authorizations and licenses, and thus grounds for declaring the authorizations and licenses terminated without further action on the part of the Commission. Failure to meet a condition of the license may also result in monetary sanctions or other enforcement action by the Commission. 6. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission’s rules, 47 C.F.R. § 1.102(b)(1), that this Order IS EFFECTIVE upon release. Petitions for reconsideration under section 1.106 of the Commission’s Rules, 47 CFR § 1.106, or applications for review under section 1.115 of the Commission’s rules, 47 CFR § 1.115, may be filed within thirty days of the date of public notice, i.e., within thirty days of the release date, of this Order. FEDERAL COMMUNICATIONS COMMISSION Matthew S. DelNero Chief, Wireline Competition Bureau Mindel De La Torre Chief, International Bureau William T. Lake Chief, Media Bureau Jon Wilkins Chief, Wireless Telecommunications Bureau (Continued from previous page) Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, 28 FCC Rcd 5741, 5792, para. 95 n.255 (2013) (“The Commission has previously held that, regardless of the applicability of sections 310(a) and 310(b), the Commission considers, pursuant to sections 308 and 310(d) of the Act, national security, law enforcement, foreign policy and trade policy concerns when analyzing an application in which foreign ownership is involved.”). 2


Document Created: 2016-05-05 10:01:53
Document Modified: 2016-05-05 10:01:53
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