Public Notice TEL00619S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2003-01-03

FCC.report > IB > Public Notices > TEL00619S

Filings Included

File NumberService
ISP-PDR-20021203-00041International Telecommunications
IBFS_PN_294135

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-00619S Friday January 3, 2003 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-20021203-00041 P Alaska Native Wireless, L.L.C. Petition for Declaratory Ruling Alaska Native Wireless, L.L.C. ("ANW" or "Petitioner") seeks a declaratory ruling that it is not contrary to the public interest for ANW 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 ("the Act"). ANW states that it holds thirteen broadband PCS C-block licenses and two broadband PCS F-block licenses. According to its petition, ANW is 60.1 percent owned, and controlled, by Council Tree Alaska Native Wireless, L.L.C. ("CTANW"). ANW asserts that CTANW Investor, L.L.C. ("CTANW Investor") holds a non-controlling 26.3 percent interest in CTANW. ANW, CTANW, and CTANW Investor are U.S. limited liability companies. The petition, together with a letter filed on December 18, 2002, states that Toronto Dominion Investment, Inc. ("TDI"), a U.S. corporation, intends to convert debt interests in CTANW Investor into equity ownership of CTANW Investor, resulting in an 89.9 percent ownership interest in CTANW Investor. Subsequently, CTANW Investor would dissolve, and its owners would acquire its ownership interest in CTANW. Petitioner calculates that, as a result, TDI would hold a 23.6 percent interest in CTANW (26.3% x 89.9%). TDI is indirectly wholly owned by The Toronto-Dominion Bank ("TD Bank"), a publicly traded Canadian corporation. Petitioner explains that, together with other foreign ownership of CTANW, the proposed conversion could increase non-U.S. ownership of CTANW to over 25 percent. Petitioner asserts that TD Bank has its principal place of business in Canada, a WTO Member country. It further 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), indirect foreign ownership in ANW, and in any entity that controls ANW, by TD Bank and its Canadian shareholders would serve the public interest and should not be taken into account for purposes of the 25 percent benchmark of Section 310(b)(4) of the Act. 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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