Public Notice TEL01033NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2006-06-06

FCC.report > IB > Public Notices > TEL01033NS

Filings Included

File NumberService
ITC-T/C-20060515-00276International Telecommunications
ITC-T/C-20060512-00271International Telecommunications
IBFS_PN_503756

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-01033NS Tuesday June 6, 2006 NON STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING Section 214 Applications (47 C.F.R. § 63.18); 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. No application listed below shall be granted by the Commission earlier than the day after the date specified in this public notice for the filing of comments. Unless otherwise specified, 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 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. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). 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. Page 1 of 3

ITC-T/C-20060512-00271 E Des Vieux Telecoms, Inc. Transfer of Control Current Licensee: Des Vieux Telecoms, Inc. FROM: TeleOne (HK) Limited TO: Cable & Wireless Panama, S.A. Application for consent to transfer control of international section 214 authorization, ITC-214-20041222-00490, held by Des Vieux Telecoms, Inc. ("Des Vieux"), from its 100 percent parent company, TeleOne (HK) Limited ("TeleOne"), to Cable & Wireless Panama, S.A. ("C&W Panama"), a Panama corporation. C&W Panama is 49 percent owned and controlled by Cable & Wireless plc ("C&W"), a United Kingdom company that currently holds an indirect majority ownership interest in TeleOne and, in turn, in Des Vieux. The government of Panama holds a 49 percent non-controlling ownership interest in C&W Panama, with the remaining 2 percent interest held by Banco General S.A., a Panamanian bank. Pursuant to a Stock Purchase Agreement entered into by TeleOne and C&W Panama on March 20, 2006, C&W Panama will purchase from TeleOne all of the issued and outstanding shares of capital stock of Des Vieux. Pursuant to section 63.10 of the rules, C&W Panama agrees to accept dominant carrier classification of Des Vieux on the following U.S.-international routes where Des Vieux currently is classified as dominant due to C&W's ownership interest in Des Vieux: Anguilla, Antigua and Barbuda, Ascension Island, Barbados, Bermuda, British Virgin Islands, Cayman Islands, China, Diego Garcia, Dominica, Falkland Islands, Fiji, Grenada, Guernsey, Jamaica, Macau, Maldives, Montserrat, Panama, St. Helena, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Solomon Islands, Trinidad and Tobago, and Turks and Caicos, without prejudice to its right to petition for reclassification at a later date. C&W Panama requests reclassification of Des Vieux as a non-dominant carrier in the provision of service between the United States and Angola, Guinea-Bissau, Mozambique and Portugal. It states that, as a result of the proposed transaction, Des Vieux will no longer be affiliated with foreign carriers in these countries. The section 214 authorization held by Des Vieux excludes authority to serve Cape Verde, Cuba, East Timor, Russia, Seychelles, Sao Tome and Principe, and Vanuata. It is also subject to the condition that Des Vieux and its foreign carrier affiliates in Jamaica and St. Kitts and Nevis not engage in anticompetitive actions that would provide Des Vieux with an unfair advantage in the U.S. international services market. See Public Notice, International Authorizations Granted, DA 05-1028, rel. Apr. 7, 2005 (granting ITC-214-20041222-00490). ITC-T/C-20060515-00276 E Wavecrest Communications LLC Transfer of Control Current Licensee: Wavecrest Communications LLC FROM: Marr T&T Limited TO: Sistema Joint Stock Financial Corporation Application filed for consent to transfer control of international section 214 authorization, ITC-214-20020214-00056, held by WaveCrest Communications LLC ("WaveCrest"), from Marr T&T Limited ("Marr T&T"), a British Virgin Islands corporation, to Sistema Joint Stock Financial Corporation ("Sistema"), a company organized in Russia. Pursuant to a Subscription and Shareholders Agreement dated April 3, 2006, Sistema would purchase 66 percent of the share capital of WaveCrest's ultimate parent, WaveCrest Group Enterprises Limited ("WaveCrest Group"). WaveCrest Group is a British Virgin Islands company that indirectly wholly owns WaveCrest through a wholly-owned U.K. subsidiary, WaveCrest (UK) Limited. Sistema's majority shareholder is Vladimir P. Evtushenkov, a Russian citizen who holds 62.1 percent direct and 2.1 percent indirect equity and voting interests in Sistema. Mr. Evtushenkov holds his indirect interest through control of Zelnick Holdings Limited, a Republic of Cyprus company. All other shareholders of Sistema hold less than 10 percent of its equity and voting stock. WaveCrest Group's current majority (77.36 percent) shareholder, Marr T&T, would hold 31.66 percent of WaveCrest Group's share capital upon consummation of the proposed transaction. The sole shareholder of Marr T&T is Marr Group Holdings Limited, a company formed in Mauritius and controlled by Marat Safin, a U.K. citizen. All other shareholders of WaveCrest Group would hold less than 10 percent of its equity and voting stock Pursuant to section 63.18(j) of the Commission's rules, Sistema certifies that it holds an indirect majority interest in Moscow City Telephone Network ("MGTS"), the incumbent local exchange carrier in Moscow. Pursuant to section 63.18(k)(3) of the rules, Sistema requests that the Commission find that, although not a member of the World Trade Organization ("WTO"), Russia, which opened its long distance market to competition on January 1, 2006, provides effective competitive opportunities to U.S. carriers to compete in Russia's market for the provision of facilities-based and resold services and, thus, grant of its application would serve the public interest. Sistema acknowledges that, pursuant to section 63.10 of the rules, WaveCrest presumptively would be classified as a dominant carrier on the U.S.-Russia route upon consummation of the proposed transfer of control. It asserts that WaveCrest would continue to warrant non-dominant carrier classification on routes between the United States and all other markets outside Russia where Sistema operates, specifically, Ukraine, Uzbekistan, Belarus, Turkmenistan, and Kyrgyzstan. Page 2 of 3

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. An updated version of Section 63.09-.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html Page 3 of 3


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