2016-03-16 Toruk Sup

SUPPLEMENT submitted by Toruk AS

Supplement (corrected)

2016-03-16

This document pretains to ITC-T/C-20160119-00044 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2016011900044_1130049

March 16, 2016 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Erratum: IBFS File No. ITC-T/C-20160119-00044 – Supplement to International Section 214 Transfer of Control Application Dear Ms. Dortch: On March 16, 2016, Toruk AS (“Toruk”), by its attorneys, submitted a letter to supplement certain information in the above-captioned application (confirmation no. IB2016000683). The filing inadvertently contained incorrect information. The corrected version is attached and replaces, in its entirety, the version that was filed previously. Please contact me if you have any questions. Sincerely yours, Randall W. Sifers Counsel to Toruk AS and its Affiliates cc: David Krech 1919 M STREET NW | EIGHTH FLOOR | WASHINGTON, DC 20036 | TEL 202 730 1300 | FAX 202 730 1301 | HWGLAW.COM

March 16, 2016 (Corrected Filing) IBFS – Electronic Submission Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: IBS File No. ITC-T/C-20160119-00044 – Supplement to International Section 214 Transfer of Control Application Dear Ms. Dortch: Toruk AS (“Toruk”), by its attorneys, submits the following information to supplement its answers to Questions 14, 15, 16, 18, and 20 of Attachment 1 in the above-referenced transfer- of-control application, wherein Toruk and Airbus DS Holding SAS (“Airbus”) seek Commission consent to transfer control of international Section 214 authority held by Marlink, Inc. (“MI”) (formerly, Astrium Services Business Communications, Inc.1) from Airbus to Toruk. Answer to Question 14 Toruk amends its answer to include the following supplemental information involving foreign affiliates: First, on February 17, 2016, certain APMM-managed funds including Apax France VIII- A and Apax France VIII-B, consummated a transaction giving APMM control of the Maltese carrier Melita Limited, through Melita Capital plc (“Melita”). Second, on January 20, 2016, certain APMM-managed funds including Apax France VIII-A and Apax France VIII-B, consummated a transaction giving APMM control of the Portuguese carrier, Cabovisaõ, Televisão por Cabo, S.A. and its direct and indirect subsidiaries including Oni Telecom Infocomuniçaões, S.A. (disclosed in the original application as pending transaction). Consequently, following the consummation of the above-mentioned transactions, MI will be affiliated with foreign carriers in Malta and Portugal. 1 Effective March 1, 2016, Astrium Services Business Communications, Inc. was renamed Marlink, Inc. See Letter from Mark W. Brennan, Counsel to Marlink, Inc., to Marlene Dortch, Secretary, FCC, IBFS File No. ITC-T/C-20160119-00044 (filed March 7, 2016). 1919 M STREET NW |FLOOR EIGHT | WASHINGTON DC 20036| TEL 202 730 1300 | FAX 202 730 1301 | HWGLAW.COM

Marlene H. Dortch March 16, 2016 Page 2 of 3 Answer to Question 15. Toruk amends its answer to include the following supplemental information: Toruk certifies upon consummation, MI will be authorized to provide international telecommunications services to Malta, a destination country in which APMM—a party that indirectly controls Toruk—controls a foreign carrier, Melita. Answer to Question 16 Toruk amends its answer to include the following additional information: Post-consummation, the Licensee will continue to qualify for non-dominant carrier status on all international routes because Melita, its additional prospective foreign carrier affiliate, lacks a 50 percent-or-greater share in either of the fixed local access or international transport markets in Malta. Moreover, Melita does not appear on the Commission’s list of foreign telecommunications carriers presumed to possess market power in foreign telecommunications markets.2 Answer to Question 18 Toruk reiterates its original response to this question. No response is required with respect to the Melita affiliation, as Malta is a WTO member country. 2 See International Bureau Revises and Reissues the Commission’s List of Foreign Telecommunications Carriers that Are Presume to Possess Market Power in Foreign Telecommunications Market, Public Notice, 22 FCC Rcd. 945 (Int’l Bur. 2007).

Marlene H. Dortch March 16, 2016 Page 3 of 3 Answer to Question 20 Toruk amends its answer to include the following supplemental information: The above-referenced application continues to qualify for streamlined processing pursuant to Section 63.12(c)(1)(ii). Post-consummation, MI will continue to qualify for a presumption of non-dominance under Section 63.10(a)(3) of the Commission’s rules, as demonstrated in the supplemental response to Question 16 above. Respectfully submitted, John T. Nakahata Kent D. Bressie Randall W. Sifers Counsel to Toruk AS and its Affiliates cc: David Krech


Document Created: 2016-03-16 16:44:47
Document Modified: 2016-03-16 16:44:47
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