Public Notice SCL00018S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2006-11-17

FCC.report > IB > Public Notices > SCL00018S

Filings Included

File NumberService
SCL-T/C-20060920-00007Submarine Cable Landing
IBFS_PN_535968

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. SCL-00018S Friday November 17, 2006 STREAMLINED SUBMARINE CABLE LANDING LICENSE APPLICATIONS ACCEPTED FOR FILING 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 and subject to the streamlined processing procedures set forth in section 1.767 of the Commission's rules, 47 C.F.R. § 1.767. Pursuant to the Submarine Cable Landing License Act, 47 U.S.C. §§ 34-39, and Executive Order No. 10530, reprinted as amended in 3 U.S.C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/or (c) the assignment or transfer of control of an interest in a submarine cable landing license. Pursuant to its decision in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, FCC 01-332, 16 FCC Rcd 22167 (2001) and section 1.767 of the rules, the Commission will take action upon these applications within forty-five (45) days after release of this public notice, unless the Commission has informed the applicant in writing that the application, upon further examination, has been deemed ineligible for streamlined processing. 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. Filings relating to this application must be received within 14 days of this notice. Such filings will not necessarily result in an application being deemed ineligible for streamlined processing. 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 2

SCL-T/C-20060920-00007 P Guam Cable Group, Inc. Transfer of Control Current Licensee: Guam Cable Group, Inc. FROM: Startec Global Operating Company TO: Guam Telecom, LLC Application for consent to transfer control of Guam Cable Group, Inc. (GCG) from Startec Global Operating Company (Startec) to Guam Telecom LLC (GTL). GCG holds ownership interests in China-U.S. cable (0.07882%), SCL-LIC-19980309-00005, the Guam-Philippines cable (1.0664%), SCL-98-004, and the TPC-5 cable (0.14293%), SCL-92-005, SCL-92-005(M). The China-U.S. and Guam-Phillipines cables are operated on a non common carrier basis. The TPC-5 cable is operated on a common carrier basis pursuant to ITC-214-19950613-00022 (Old File No. ITC-95-394) (see also ITC-T/C-20061107-00503). Pursuant to a Stock Purchase Agreement dated August 10, 2006, Startec will sell its 50 percent interest in GCG to GTL, a Delaware limited liability company headquartered in Guam. (EC Communications, LCC also has a 50% interest in GCG, but that is not changing as part of this transaction.) The parties also executed a Management Services Agreement, pursuant to which GTL will assume complete management control of GCG upon completion of transaction. Seaport Capital Partners II, LP (Seaport Capital) holds 89.9% indirect ownership interest in GTL through MCV Acquisition, LLC which holds a 100% ownership interest in MCV Guam Holding Corp. which holds 99.75% ownership interest in MCV Guam Investments, LLC, which is the 100% direct parent of GTL. The California Public Employees Retirement System which holds 13.7% ownership interest in Seaport Capital is the only interest holder in Seaport Capital with a derivative interest in GTL of 10 percent or greater. CEA Investment Partners II, LLC (CEA Investment Partners) is the sole general partner of Seaport Capital. The following entities hold 10 percent or greater interest in CEA Investment Partners: Seaport Associates, LLC (75%) (William Luby and James Collis managing members) and CEA Seaport Holdings, LLC (25%) (The J. Patrick Michaels Family Trust, J. Patrick Michaels, Jr. Trustee). All individuals and entities listed above are U.S. entities. 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 C.F.R. §§ 1.2001-1.2003. The Commission's rules applicable to submarine cable landing licenses (47 C.F.R. §§ 1.767, 1.768) are available at http://www.fcc.gov/ib/td/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edoc_public/attachmatch/DA-02-5981A1.pdf for a March 13, 2002 Public Notice; http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-332A1.pdf for the December 14, 2001 Report and Order. By this notice, we inform the public that submarine cable landing license applications and international section 214 applications that are part of larger transactions involving multiple Commission licenses or authorizations may involve "extraordinary circumstances" as referenced in Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, 16 FCC Rcd 22167 (2001) and Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997), paras. 327-28, Order on Reconsideration, 15 FCC Rcd 18158 (2000). Additionally, these extraordinary circumstances may result where Executive Branch agencies petition the Commission to defer decision on certain transactions pending the resolution of potential national security, law enforcement, foreign policy and trade policy issues. Accordingly, these applications may not be acted on within the 90-day review period that the Commission has established as the period of time normally required to reach a decision on non-streamlined cable landing licenses and international section 214 applications. This notice shall serve as public notice to applicants that, in these circumstances, additional time may be required for Commission review and final action. No additional formal public notice will be provided routinely with respect to specific applications in the event that the applicable review period extends beyond 90 days. Page 2 of 2


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