TeleGuam-Telkom USA

WITHDRAWAL submitted by TeleGuam Holdings, LLC

Withdrawal Letter

2016-06-02

This document pretains to ITC-T/C-20150612-00146 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2015061200146_1137700

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of: ) ) TeleGuam Holdings, LLC, ) IB Docket No. 15-______ Petitioner/Licensee ) ) File No. ISP-PDR-2015-_______ AP TeleGuam Holdings, Inc., ) Petitioner/Transferor ) ) and ) ) Telekomunikasi Indonesia International (USA) ) Inc., ) Petitioner/Transferee ) ) Petition for Declaratory Ruling Under ) Section 310(b)(4) of the Communications ) Act of 1934, as Amended ) ) PETITION FOR DECLARATORY RULING Pursuant to 47 U.S.C. § 310(b)(4) of the Communications Act of 1934, as amended (the “Communications Act”), and Section 1.990(a) of the Commission’s Rules, TeleGuam Holdings, LLC (“TeleGuam”), AP TeleGuam Holdings, Inc. (“AP TG”), Telekomunikasi Indonesia International (USA) Inc. (“Telkom USA”) and PT Telekomunikasi Indonesia Tbk (“PT Telkom Indonesia”) (collectively, the “Petitioners”), hereby petition the FCC for a declaratory ruling that it would not serve the public interest to prohibit PT Telkom Indonesia and its subsidiary, PT Telekomunikasi Indonesia International Inc. (“Telin”), from assuming, through Telkom USA, their indirect and direct subsidiary, respectively, indirect foreign ownership and voting rights in 1

TeleGuam in excess of the 25-percent foreign ownership benchmark identified in Section 310(b)(4) of the Communications Act.1 II. INTRODUCTION AND SUMMARY TeleGuam holds certain Commission-issued common carrier wireless radio station li- censes as described in more detail below. As explained herein, AP TG and Telkom USA have entered into a merger agreement by which Telkom USA will acquire direct control of AP TG and, thus, indirect control of TeleGuam (the “Proposed Transaction”). 2 As an additional conse- quence of the Proposed Transaction, PT Telkom Indonesia and Telin, parent companies of Telkom USA and both organized under the laws of Indonesia, will indirectly own and vote all of the equity in TeleGuam.3 In addition, PT Telkom Indonesia is a semi-privatized, majority state- owned telecommunications and network service provider in Indonesia; the Government of the Republic of Indonesia holds a 52.56 percent direct ownership interest in PT Telkom Indonesia, and thus would also hold a controlling indirect interest in TeleGuam.4 1 See 47 U.S.C. § 310(b)(4); 47 C.F.R. § 1.990(a). 2 As detailed below in Section II.B, in addition to AP TG and Telkom USA, PacHub Acquisition Co., a direct wholly-owned subsidiary of Telkom USA, and Cayman Orchid Capital Management, Ltd., as the representative of the owners of AP TG are also parties to the merger agreement. 3 Contemporaneously with the filing of this Petition, Petitioners have submitted applica- tions pursuant to Section 310(d) (on FCC Form 603 and FCC Form 608) and Section 214 of the Communications Act, seeking the FCC’s approval for the transfer of control of TeleGuam to Telkom USA. (“214 Transfer Application”) 4 See Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, Sec- ond Report and Order, 28 FCC Rcd 05741, 05765 (2013)(“Foreign Ownership Second Report and Order”) (“we adopt a new framework that requires licensees seeking approval of aggregate foreign ownership in excess of the statutory limits to identify and seek fur- ther specific approval in their petitions only of those individual foreign interests that would exceed five percent of the controlling U.S. parent of a common carrier or aeronau- tical radio station licensee, under section 310(b)(4), and/or exceed five percent of a com- mon carrier licensee, under our section 310(b)(3) forbearance approach, with an exception for certain interests in excess of five percent and up to ten percent.”) 2


Document Created: 2016-06-02 09:43:18
Document Modified: 2016-06-02 09:43:18
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