Public Notice TEL00779S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2004-04-09

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IBFS_PN_367646

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-00779S Friday April 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 2

ITC-214-20040315-00106 E GlobalReach International Inc International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules. ITC-214-20040401-00129 E Motion Telecom, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20040401-00130 E BND International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-T/C-20040310-00131 P Guam Cable Group, Inc. Transfer of Control Current Licensee: Guam Cable Group, Inc. FROM: Startec Global Communications Corporation, Debtor-in-Possession TO: Allied Capital Corporation Application to transfer control of international section 214 authorizations ((ITC-91-171, ITC-93-047, ITC-96-432, ITC-214-20030404-00169), including authority to operate the TPC-5 undersea cable network on a common carrier basis (ITC-95-394)), held by Guam Cable Group Inc., from Startec Global Communications Corporation, Debtor-in-Possession ("Startec Parent") to Allied Capital Corporation ("Allied"). According to the application, Guam Cable operates as a joint venture between Startec Parent's wholly-owned subsidiary, Startec Global Operating Company, Debtor-in-Possession ("Startec Operating"), and EC Communications, LLC ("ECC"). Startec Operating and ECC each own 50% of the outstanding common stock of, and share board and executive officer control of, Guam Cable. Pursuant to a modified plan of reorganization for Startec Parent and its subsidiaries, approved by the U.S. Bankruptcy Court for the District of Maryland, Startec Parent proposes to cancel all its existing shares of authorized stock and to issue new shares of common stock, 68.5% of which would be held by Allied, a publicly-traded Maryland corporation. Allied would also select 5 of the 7 members of Startec Parent's board of directors. The plan of reorganization also provides for the issuance of common stock options to "eligible employees," that, if exercised, would dilute Allied's share of common stock to 58.22%. Applicants state that, upon consummation of the proposed transaction, Startec Operating would continue to be a wholly-owned subsidiary of Startec Parent and that there would be no change in the relationship between Startec Operating, Guam Cable, and ECC. ITC-T/C-20040317-00121 E Focal Communications Corporation Transfer of Control Current Licensee: Focal Communications Corporation FROM: Focal Communications Corporation TO: Corvis Corporation Application for consent to transfer control of the international section 214 authorization, ITC-97-341, held by Focal Telecommunications Corporation (Focal Telecommunications) from its indirect 100 percent parent company, Focal Communications Corporation (Focal), to Corvis Corporation (Corvis). Upon consummation of the proposed transaction, Focal and Focal Telecommunications will become direct and indirect wholly-owned subsidiaries, respectively, of Corvis. 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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