Public Notice TEL00750S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2004-01-09

FCC.report > IB > Public Notices > TEL00750S

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IBFS_PN_351798

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-00750S Friday January 9, 2004 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 3

ISP-PDR-20031224-00025 P T-Mobile USA, Inc. f/k/a VoiceStream Wireless Corporation Petition for Declaratory Ruling T-Mobile USA, Inc. (T-Mobile or Petitioner) seeks a declaratory ruling that it is not contrary to the public interest for Cook Inlet/VS GSM V PCS, LLC (CIVS V) to acquire 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 requesting Commission consent to the transfer of control of C4 Block broadband Personal Communications Services (PCS) license for the Saginaw-Bay City, MI Basic Trading Area (BTA), Call Sign WPTB371 (the PCS License) from Cook Inlet Region, Inc. to T-Mobile. See FCC File No. 0001495587. Petitioner states that CIVS V, the licensee, is a wholly-owned subsidiary of Cook Inlet/VS GSM V PCS Holdings, LLC (CIVS V Holdings). Both the licensee and its parent are Delaware limited liability companies. CIVS V Holdings has two members, Cook Inlet Wireless, Inc. (CIWI), which currently holds a controlling 49.46 percent equity interest in CIVS V Holdings, and VoiceStream PCS BTA I Corporation (VS BTA I), which currently holds a 50.54 percent equity interest in the same. VS BTA I is indirectly wholly owned by T-Mobile, a U.S. corporation formerly known as VoiceStream Wireless Corporation. T-Mobile is in turn indirectly wholly owned by Deutsche Telekom AG (Deutsche Telekom), a corporation organized under the laws of the Federal Republic of Germany, a World Trade Organization (WTO) Member. Under the proposed transaction, T-Mobile will acquire CIWI's 49.46 percent controlling interest in CIVS V Holdings, which, together with VS BTS I's current interest, will constitute 100 percent of the interests in CIVS V Holdings and, indirectly, in CIVS V. As a result, T-Mobile's ultimate parent, Deutsche Telekom, will hold an indirect 100 percent equity and voting interest in the licensee. 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), and the Commission's decision in VoiceStream-DT, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779 (2001), the indirect foreign ownership and voting interest is consistent with the public interest. Petitioner also requests that the Commission condition grant of its petition on compliance with the provisions of the January 12, 2001 Agreement with the Department of Justice and the Federal Bureau of Investigation upon which approval of the merger between T-Mobile and Deutsche Telekom was based. ITC-214-20031229-00566 E TREBOL COMMUNICATIONS CORP. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031229-00567 E TELEHISPANIC SERVICES, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031229-00568 E WORLD PHONE CARDS, INC. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20040107-00003 E Intek Capital Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service, Switched Services over Private Lines (ISR) Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide serivce in accordance with Section 63.18(e)(2) of the rules. ITC-214-20040107-00004 E Local Line America, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. Page 2 of 3

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 3 of 3


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