Public Notice SCL00187S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2016-09-22

FCC.report > IB > Public Notices > SCL00187S

Filings Included

File NumberService
SCL-T/C-20160906-00016Submarine Cable Landing
IBFS_PN_1150568

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. SCL-00187S Thursday September 22, 2016 Streamlined Submarine Cable Landing License Applications Accepted For Filing Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in section 1.767 of the Commission's rules, 47 C.F.R. § 1.767. Pursuant to the Submarine Cable Landing License Act, 47 U.S.C. §§ 34-39, and Executive Order No. 10530, reprinted as amended in 3 U.S.C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/or (c) the assignment or transfer of control of an interest in a submarine cable landing license. Pursuant to its decision in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, FCC 01-332, 16 FCC Rcd 22167 (2001) and section 1.767 of the rules, the Commission will take action upon these applications within forty-five (45) days after release of this public notice, unless the Commission has informed the applicant in writing that the application, upon further examination, has been deemed ineligible for streamlined processing. Ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. Filings relating to this application must be received within 14 days of this notice. Such filings will not necessarily result in an application being deemed ineligible for streamlined processing. Copies of all applications listed here are available for public inspection in the FCC Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street, SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 1-888-835-5322 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. Page 1 of 2

SCL-T/C-20160906-00016 E Kodiak Kenai Fiber Link, Inc. Transfer of Control Current Licensee: Kodiak Kenai Fiber Link, Inc. FROM: Old Harbor Native Corporation TO: GCI Communication Corp. Application filed for consent to the transfer of control of the cable landing license for the Kodiak-Kenai Fiber Link Cable System (KKFL System), SCL-LIC-20060413-00004, held by Kodiak Kenai Fiber Link, Inc. (KKFL), from Old Harbor Native Corporation (Old Harbor) to GCI Communications Corp. (GCIC). The KKFL System is a non-common carrier fiber-optic cable system connecting Anchorage, Homer, Kenai, Kodiak Island, and Seward, Alaska. KKFL is owned, on an indirect basis, by Old Harbor and Ouzinkie Native Corporation (Ouzinkie), Alaska entities incorporated under the terms of the Alaska Native Claims Settlement Act. Old Harbor holds 90% of the member interests of KKFL and Ouzinkie holds the remaining 10% member interests. Old Harbor, GCIC, and Ouzinkie entered into an agreement, dated July 29, 2016, by which GCIC will acquire all of the outstanding member interests of KKFL's parent company, Kodiak Kenai Cable Company, LLC (KKCC), and thereby acquire control of the KKFL System. Following consummation, KKCC and KKFL will be direct and indirect subsidiaries, respectively, of GCIC, and GCIC will operate and maintain the KKFL System. Upon consummation of the Proposed Transaction, the following entities and individuals will hold a 10-percent-or-greater direct or indirect equity and voting interest in KKFL: (1) KKCC (100% equity and voting interest in KKFL), (2) GCIC (100% equity and voting interest in KKCC), (3) GCI Holdings, Inc. (100% equity and voting interest in GCIC), (4) GCI, Inc. (100% equity and voting interest in GCI Holdings, Inc.), (5) General Communication, Inc. (GCI Parent) (100% equity and voting interest in GCI, Inc.), (6) Mr. John W. Stanton and Ms. Theresa E. Gillespie will hold, as tenants in common, 7.5% of GCI Parent's outstanding Class A common shares and 45.5% of GCI Parent's outstanding Class B common shares, which, on a fully-diluted basis gives them a 25.3% voting interest and a 10.6% equity interest in GCI Parent, (7) Mr. Ronald A. Duncan will hold 5.85% of GCI Parent's outstanding Class A common shares and 37.2% of GCI Parent's outstanding Class B common shares, which, on a fully-diluted basis, gives him a 20.8% voting interest and an 8.8% equity interest in GCI Parent, and (8) BlackRock, Inc. (BlackRock) (11.1% of GCI Parent's outstanding Class A common shares which, on a fully-diluted basis, gives BlackRock a 5.9% voting interest and a 10.2% equity interest in GCI Parent. No other individual or entity will have a ten-percent-or-greater equity or voting interest in KKFL. Applicants agree to abide by the routine conditions specified in section 1.767(g) of the Commission's rules, 47 C.F.R. § 1.767(g). REMINDERS: 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 C.F.R. §§ 1.2001-1.2003. By this notice, we inform the public that submarine cable landing license applications and international section 214 applications that are part of larger transactions involving multiple Commission licenses or authorizations may involve "extraordinary circumstances" as referenced in Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, 16 FCC Rcd 22167 (2001) and Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997), paras. 327-28, Order on Reconsideration, 15 FCC Rcd 18158 (2000). Additionally, these extraordinary circumstances may result where Executive Branch agencies petition the Commission to defer decision on certain transactions pending the resolution of potential national security, law enforcement, foreign policy and trade policy issues. Accordingly, these applications may not be acted on within the 90-day review period that the Commission has established as the period of time normally required to reach a decision on non-streamlined cable landing licenses and international section 214 applications. This notice shall serve as public notice to applicants that, in these circumstances, additional time may be required for Commission review and final action. No additional formal public notice will be provided routinely with respect to specific applications in the event that the applicable review period extends beyond 90 days. Page 2 of 2


Document Created: 2016-09-21 16:48:20
Document Modified: 2016-09-21 16:48:20
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