Public Notice TEL01746NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2015-08-04

FCC.report > IB > Public Notices > TEL01746NS

Filings Included

File Number	Service
ISP-PDR-20140716-00009	International Telecommunications

IBFS_PN_1098295

$ISP-PDR-20140716-00009 E Limitless Mobile, LLC Petition for Declaratory Ruling Limitless Mobile, LLC (Limitless) and its 100 percent parent company, Limitless Mobile Holdings, LLC (LMH) (together, "Petitioners") have filed a petition for declaratory ruling ("Petition"), as modified on July 30, 2015, pursuant to section 1.990(a)(1) of the Commission's rules, 47 C.F.R. § 1.990(a)(1), that the public interest would be served by allowing foreign ownership of Limitless to exceed the 25 percent benchmark in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 310(b)(4). Petitioners state that Limitless holds Personal Communications Service (PCS) licenses in several markets in the northeastern U.S. Limitless is a member managed Delaware limited liability company whose sole member is LMH, also a Delaware limited liability company. According to the Petition, LMH is owned by more than a dozen investors and is controlled by an investor group comprised of LMH's principal equity investors, each of which is a U.S. citizen: Richard B. Worley (25.22% equity and 25.52% voting interests, including fractional interests held by his wife (approximately 1%) and by two family trusts (each less than 2%) of which Mr. Worley serves as trustee); Sarah Miller Coulson (18.98% equity and 19.07% voting interests); and Peter Morse (11.07% equity and 11.44% voting interests, including the interest held by the Morse Charitable Foundation, Inc. (less than 1%) of which Mr. Morse serves as a director and officer). Pursuant to section 1.991(i) of the rules, Petitioners request that the Commission specifically approve the uninsulated membership interests held by two non-U.S. citizens: Atte Miettinen, a citizen of Finland (0.430% equity and 0.452% voting interests), and James Edward Croal, a U.K. citizen (0.289% equity and 0.141 voting interests). Messrs. Miettinen and Croal serve as LMH's Chief Executive Officer and Chief Technology Officer, respectively. As such, their membership interests are not insulated within the meaning of section 1.993 of the Commission's rules and thus require specific approval under section 1.991(i). (See also 47 C.F.R. § 1.992(b)(2)(ii)(A).) Petitioners state that aggregate foreign ownership of LMH at present is otherwise below the 25 percent amount specified in section 310(b)(4) (2.603% equity and 0.593% voting interests). Pursuant to section 1.991(k) of the rules, Petitioners additionally seek advance approval for Messrs. Messrs. Miettinen and Croal to hold, individually and in the aggregate, up to and including ten percent of the equity and/or voting interests in LMH to account for fluctuations in ownership percentages as a result of future capital calls and to account for any additional membership units that may be issued to Mr. Miettinen in the future. Petitioners assert that the public interest would be served by permitting foreign ownership of Limitless to exceed the 25 percent benchmark in section 310(b)(4), as described in the Petition. Interested parties may file comments on or before August 18, 2014, and reply comments on or before August 25, 2014. REMINDER: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001–.2003. Page 2 of 2$

Document Created: 2015-08-03 14:24:07
Document Modified: 2015-08-03 14:24:07