Public Notice TEL01041S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2006-06-23

FCC.report > IB > Public Notices > TEL01041S

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IBFS_PN_506862

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-01041S Friday June 23, 2006 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); 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 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. 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. 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. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 5

ITC-214-20060508-00266 E Yestel, 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-214-20060613-00312 E Intranet Systems Technology, 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-214-20060614-00315 E Belgacom International Carrier Services N.V./S.A. 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. Applicant agrees to be classified as a dominant carrier on the U.S. - Belgium and U.S. - Switzerland routes pursuant to section 63.10 of the Commission's Rules, 47 C.F.R. § 63.10. ITC-214-20060615-00314 E OCS Communications, 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-214-20060616-00320 E One Eighty Networks, 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-214-20060620-00321 E hereUare Communications, 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-214-20060620-00322 E Clearcom 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-214-20060620-00323 E Cause Based Commerce Incorporated 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-214-20060620-00324 E Miriam 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 5

ITC-214-20060622-00325 E Teve y Punto, 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-ASG-20060608-00310 E CINGULAR WIRELESS LLC Assignment Current Licensee: Poka Lambro Telecommunications, Ltd. FROM: Poka Lambro Telecommunications, Ltd. TO: CINGULAR WIRELESS LLC Application for consent to partial assignment of the customer base of Poka Lambro Telecommunications, Ltd. ("Poka Lambro") to Cingular Wireless LLC ("Cingular"). Cingular is acquiring Poko Lambro's cellular license assets and its wireless service customer base. Poko Lambro will continue to provide international service to its non-wireless customers pursuant to ITC-214-19940714-00224. Cingular will continue to provide international service pursuant to its section 214 authorization, ITC-214-20011031-00547. AT&T Inc. ("AT&T," formerly known as SBC Communications) and BellSouth Corporation ("BellSouth") indirectly own and control Cingular, with each holding an indirect 50% voting interest and AT&T having a 60% and BellSouth a 40% indirect equity interest. AT&T and BellSouth are both publicly traded companies in which no person or entity holds ten percent or greater ownership interest. ITC-ASG-20060609-00313 P Eldorado Acquisition Three, LLC Assignment Current Licensee: TelCove, Inc. FROM: TelCove, Inc. TO: Eldorado Acquisition Three, LLC Application for consent to assign international section 214 authorization, ITC-214-19971128-00747 (formerly ITC-97-736), held by TelCove, Inc. ("TelCove") to Eldorado Acquisition Three, LLC ("Eldorado"). On April 30, 2006, Telcove, Level 3 Communications, Inc. ("Level 3"), and Eldorado, an indirect subsidiary of Level 3, entered into an agreement whereby Level 3 will acquire all of outstanding shares of Telcove. As the result of a three-step transaction, which will all occur on the day of consummation, TelCove will be merged with Eldorado with Eldorado being the surviving entity. It is anticipated that after the transaction Eldorado will be renamed. Post transaction Eldorado will be a wholly-owned, indirect subsidiary of Level 3. Level 3 is a publicly traded company. Southeastern Asset Management, Inc. holds sole or shared voting rights for 18.83 percent of the outstanding shares of Level 3. No other entities have a ten percent or greater interest in Level 3. ITC-T/C-20060213-00142 P C2C Cable (USA) Inc. Transfer of Control Current Licensee: C2C Cable (USA) Inc. FROM: Tim Reid TO: C2C Group Limited Application for consent to transfer control of international section 214 authorization, ITC-214-20010614-00347, held by C2C Cable (USA) Inc. ("C2C Cable") from Timothy James Reid ("Tim Reid") to C2C Group Limited ("C2C Group"). Tim Reid is the receiver appointed over all the shares of C2C Holdings Pte Ltd. ("C2C Holdings"), the parent of C2C Cable, due to C2C Holdings default on a security over shares agreement (see ITC-T/C-20060213-00143). C2C Group is a Bermuda company established by the majority of the secured creditors of C2C Holdings to take control of the assets of C2C Holdings from the receiver. Asset Holder PCC No. 2 Limited, Ashmore Asian Recovery Fund, incorporated in Guernsey, has a 29.33% ownership interest in C2C Group; Clearwater Capital Partners Fund I L.P., incorporated in the Cayman Islands, has a 11.521% ownership interest; Spinnaker Global Emerging Markets Fund Limited, incorporated in the British Virgin Islands, has a 13.966% ownership interest. No other entities have a ten percent or greater ownership interest in C2C Group. Page 3 of 5

ITC-T/C-20060213-00143 P C2C Cable (USA) Inc. Transfer of Control Current Licensee: C2C Cable (USA) Inc. FROM: C2C Holdings Pte Ltd TO: Tim Reid Application for consent to transfer control of international section 214 authorization, ITC-214-20010614-00347, held by C2C Cable (USA) Inc. ("C2C Cable") from C2C Holdings Pte Ltd. ("C2C Holdings") to Timothy James Reid ("Tim Reid"). In 2003 C2C Holdings defaulted on a security over shares agreement. On June 20, 2005, at the request of the majority of the secured creditors of C2C Holdings, Tim Reid, a citizen of New Zealand, was appointed the receiver for all of the shares of C2C Holdings. C2C Cable is a wholly-owned subsidiary of C2C Holdings. ITC-T/C-20060613-00311 E North American Communications Limited Transfer of Control Current Licensee: North American Communications Limited FROM: eircom Group, plc TO: Babcock & Brown Capital Limited Application for consent to transfer control of international section 214 authorizations, ITC-214-19981001-00682 and ITC-214-19981015-00711, held by North American Communications Limited ("North American") from its indirect 100% parent company eircom Group, plc ("eircom Group"), a U.K. corporation, to Babcock & Brown Capital Limited ("BCM"), an Australian corporation. On May 23, 2006, eircom Limited ("eircom"), a United Kingdom corporation and a wholly owned indirect subsidiary of eircom Group, and the Board of Directors of BCM Ireland Holdings Limited ("Bidco"), a Cayman Islands company, reached an agreement on a cash offer by Bidco for the purchase of all of the issued and to be issued ordinary share capital of eircom Group. Bidco is a wholly-owned indirect subsidiary of BCM Ireland Equity Limited ("EquityCo"), a Cayman Islands company. Upon consummation, BCM and certain Babcock & Brown Group-managed affiliates will own 65% of EquityCo and the remaining 35% of EquityCo will held by eircom Employee Share Ownership Trust ("ESOT") which will also hold preference shares in Bidco that will receive dividends at a specified interest rate and be subject to mandatory redemption on June 30, 2009. BCM is a widely-held, publicly traded Australian-based investment company that is managed by Babcock & Brown Capital Management Pty Limited, an indirect wholly-owned subsidiary of Babcock & Brown Limited ("B&B") a holding company for the Babcock & Brown Group ("B&B Group"). Upon consummation, eircom, eircom group, and their wholly-owned subsidiary North American will be controlled by BCM. Applicants agree to continue to be classified as a dominant carrier on the U.S.-Ireland route pursuant to section 63.10 of the Commission's rules, 47 C.F.R. § 63.10. ITC-T/C-20060614-00316 E Belgacom International Carrier Services North America Inc. Transfer of Control Current Licensee: Belgacom International Carrier Services North America Inc. FROM: Swisscom Fixnet Ltd. TO: Belgacom International Carrier Services N.V./S.A. Application for consent to transfer control of international section 214 authorizations, ITC-214-19970609-00317, ITC-214-19970609-00318, ITC-214-19980407-00235, ITC-214-19980713-00482, held by Belgacom International Carrier Services North America Inc. (f/k/a Swisscom North America, Inc.) ("BICS NA") from Swisscom Fixnet Ltd. ("Swisscom Fixnet"), to Belgacom International Carrier Services N.V./S.A. ("BICS"). On July 1, 2005, Swisscom Fixnet and Belgacom S.A./N.V. ("Belgacom") combined their international carrier businesses into BICS. Swisscom Fixnet contributed its wholly-owned subsidiary Swisscom North America, Inc. (SCNA) and received a 28% ownership interest in BICS. As part of the reorganization SCNA was renamed Belgacom International Carrier Services North America Inc. BICS is 72 percent owned by Belgacom, a Belgium telecommunication company, and the remaining 28 percent of equity interest is held by Swisscom Fixnet, a Swiss corporation. Belgacom is owned approximately 53 percent by the Belgian State, and 46 percent of the remaining shares of Belgacom are publicly traded on the Euronext exchange, and no person or entity owns 10 percent or more of such stock. Swisscom Fixnet is wholly owned by Swisscom Ltd., a Swiss corporation that is 68 percent owned by the Swiss Confederation, and the remaining 32 percent interest in Swisscom Ltd. is publicly traded, with no Swisscom, Ltd. shareholder holding a 10 percent or greater indirect ownership interest in BICS. BICS NA agrees to be classified as a dominant carrier on the U.S.-Belgium and U.S.-Switzerland routes pursuant to section 63.10 of the Commission's rules, 47 C.F.R. § 63.10. Page 4 of 5

INFORMATIVE ITC-214-20060526-00291 Roadpost USA Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20060601-00296 VoiceGlobal, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20060601-00297 Metropy Global Networks, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-T/C-20060518-00282 Mpower Communications Corp. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. 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. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 5 of 5


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