Public Notice TEL00492S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2002-02-06

FCC.report > IB > Public Notices > TEL00492S

Filings Included

File NumberService
ISP-PDR-20020122-00001International Telecommunications
ITC-214-20020125-00025International Telecommunications
ITC-214-20020204-00035International Telecommunications
ITC-214-20020115-00011International Telecommunications
IBFS_PN_244950

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-00492S Wednesday February 6, 2002 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); CABLE LANDING LICENSE APPLICATIONS (47 C.F.R. § 1.767) REQUESTS TO AUTHORIZE SWITCHED SERVICES OVER PRIVATE LINES (47 C.F.R. § 63.16); SECTION 310(B)(4) REQUESTS Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 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 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. 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. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are (1) for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees, or (2) under Section 63.16 of the rules, to add a foreign market to the list of markets for which carriers may provide switched services over private lines. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs 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. 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. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 2

ISP-PDR-20021222-00001 Louisiana Unwired, LLC Petition for Declaratory Ruling Other Companies: Unwired Telecom Corp. Request filed by Louisiana Unwired LLC (Louisiana Unwired) and Unwired Telecom Corp. (UTC)(collectively Petitioner) to exceed the 25% indirect foreign ownership benchmark in Section 310(b)(4) of the Communications Act of 1934, as amended. Specifically, Petitioner seeks authorization to increase its indirect foreign ownership to a maximum of 35%. Petitioner states that the proposed level of foreign ownership is in the public interest. Louisiana Unwired, a Louisiana limited liability company, is a personal communications service (PCS) licensee. Unwired Telecom Corp., a Louisiana corporation, holds FCC licenses in the cellular, paging and point-to-point microwave services in numerous Louisiana markets. Petitioners are both wholly-owned subsidiaries of US Unwired Inc. (US Unwired), a Louisiana corporation. US Unwired is a holding company, and is publicly traded on the NASDAQ national market under the symbol UNWR. US Unwired entered into a merger agreement with Northeast Unwired Inc. (Merger Sub), a Delaware corporation, and IWO Holdings, Inc. (IWO), a Delaware corporation. According to the petition, following the merger, IWO will be a wholly-owned subsidiary of Louisiana Unwired and the former IWO shareholders will hold approximately 31.6% of the equity of US Unwired based on issued common shares. Petitioner states that upon closing of the merger, the total identifiable indirect foreign ownership in each of the petitioners will be approximately 26.73%. Of that amount petitioner states that approximately 20.7% will be from investors domiciled in WTO Member countries and approximately 6.03% will be from investors domiciled in non-WTO Member countries. According to the petition, all of the proposed indirect foreign ownership will be attributable by US Unwired shareholders and US Unwired will continue to hold 100% of the ownership interest in Petitioners. Applicant asserts that, pursuant to the rules and policies established in the Commission’s Foreign participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC 18158 (2000), the home markets of the named foreign investors are Bahrain, Kuwait, the United Arab Emirates, Oman, Qatar, England, Belgium, Canada, Japan, British Isles, Jersey, Guernsey, Cayman Islands, Bermuda, France, Germany, Venezuela, Hong Kong, United Kingdom, Italy, Argentina, Panama, Australia, Luxembourg, Brazil, Switzerland, the British Virgin Islands, and Saudi Arabia and Monaco. ITC-214-20020115-00011 Latin American Nautilus Service Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules between the United States and all permissible points except San Marino and the Federal Republic of Yugoslavia (Serbia and Montenegro). Applicant agrees to be classified as a dominant with respect to the US-Argentina, US-Austria, US-Brazil, US-Bolivia, US-Cuba and US-Italy routes, without prejudice to its right to petition for reclassification at a later date. Applicant does not seek authority to provide facilities-based services to Cuba. ITC-214-20020125-00025 International Multimedia Services International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-214-20020204-00035 Progressive Telecommunications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. 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 47 C.F.R. §§ 1.2001-.2003. The Commission most recently amended its rules applicable to international telecommunications common carriers in IB Docket No. 98-118, Review of International Common Carrier Regulations, FCC 99-51, released March 23, 1999, 64 Fed. Reg. 19,057 (Apr. 19, 1999). An updated version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. Page 2 of 2


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