Public Notice TEL00604NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2002-11-29

FCC.report > IB > Public Notices > TEL00604NS

Filings Included

File NumberService
ISP-PDR-20021017-00037International Telecommunications
ITC-ASG-20021017-00538International Telecommunications
IBFS_PN_291856

                       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-00604NS                                                                                Friday November 29, 2002

                  NON 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); Authorize
                   Switched Services over Private Lines (47 C.F.R. § 63.16) and Section 310(b)(4)
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. These applications are not
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 shall not be deemed granted until the Commission affirmatively acts upon the application, either by
public notice or by written order. Operation for which authorization is sought may not commence except in accordance
with any terms or conditions imposed by the Commission.

Unless otherwise specified, interested parties may file comments with respect to these applications within 28 days of the
date of this public notice. We request that such comments refer to the application file number shown below. 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.

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.

ISP-PDR-20021017-00037              P                  Andesat Teleport, Inc.
Petition for Declaratory Ruling
Andesat Teleport, Inc. (ATI or Petitioner) seeks a declaratory ruling that is not contrary to the public interest for ATI to have
indirect foreign ownership and voting interests in excess of the 25 percent benchmark in Section 310(b)(4) of the Communications
Act of 1934, as amended. This request is filed in conjunction with an application for consent to assign a common carrier fixed earth
station facility from Medley International Teleport, Inc. to ATI. ATI also has filed an application for consent to assign an
international Section 214 authorization held by Telpan Teleport Corporation to ATI.
Petitioner states that ATI is a U.S. corporation that is wholly owned by Andesat SA EMA Corporation (Andesat). Petitioner further
asserts that Andesat, a U.S. corporation, is in turn wholly owned by Andesat Sistema Satelital Andino Simon Bolivar SA EMA (Andesat
SSA), a Colombian company. According to the petition, 100 percent of the equity interests in Andesat SSA are owned by five groups
of privately-held companies from Bolivia, Colombia, Ecuador, Peru and Venezuela, all of which are WTO Member countries. The
investing companies from each of these five "country groups" hold, in the aggregate, approximately 20 percent of the capital stock of
Andesat SSA (e.g., companies from Bolivia own in the aggregate 20.50 percent of the shares of Andesat SSA).
Petitioner asserts that, with the exception of electing directors, each of Andesat SSA's investors is entitled to one vote, irrespective of
its individual level of equity ownership. With respect to the election of directors, each country group, i.e., Bolivia, Colombia, Ecuador,
Peru and Venezuela, has the right to appoint at least one director to the board of Andesat SSA, so long as the country group
collectively owns at least ten percent of Andesat SSA's total outstanding stock. Petitioner 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
Rcd 18158 (2000), the indirect foreign ownership and voting interests in ATI are consistent with the public interest. For further
information, contact Cynthia Bryant at (202) 418-1460.



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ITC-ASG-20021017-00538            P               Andesat Teleport, Inc.
Assignment
Current Licensee: TELPAN TELEPORT CORPORATION
FROM: TELPAN TELEPORT CORPORATION
TO:      Andesat Teleport, Inc.
Application to assign international section 214 authorization (File No. ITC-214-19980126-00042) from Telpan Teleport
Corporation to Andesat Teleport, Inc. For further information contact Cynthia Bryant at (202) 418-1460.



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.

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.




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Document Modified: 2019-04-07 09:04:55

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