Public Notice SCL00021S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2006-12-15

FCC.report > IB > Public Notices > SCL00021S

Filings Included

File NumberService
SCL-T/C-20061128-00011Submarine Cable Landing
IBFS_PN_539676

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-00021S Friday December 15, 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 3

SCL-T/C-20061128-00011 P Impsat USA, Inc. Transfer of Control Current Licensee: Impsat USA, Inc. FROM: Impsat Fiber Networks, Inc. TO: Global Crossing Limitd Application for consent to transfer control of Impsat USA, Inc. (Impsat USA), from Impsat Fiber Network, Inc. (Impsat) to Global Crossing Limited (GCL). Impsat and holds 0.03635% ownership interests in the AMERICAS-II cable, SCL-LIC-19980430-00006. The AMERICAS-II cable system is operated on a common carrier basis pursuant to ITC-214-19980430-00286 (Old File No. ITC-98-342) (see also ITC-T/C-20061128-00533). Impsat USA also holds a 0.02% ownership interest in New World Network Holdings, Ltd., a Bermuda company, which owns and operates, together with its wholly owned operating subsidiaries, the ARCOS-1 cable system, SCL-LIC-19981222-00032, which is operated on a non-common carrier basis.. Pursuant to an October 25, 2006 agreement and plan of merger entered into by Impsat and GC Crystal Acquisition, Inc. (GC Crystal Acquisition), a newly established indirect, wholly-owned subsidiary of GCL, U.K. Holdco 2 will be established and will acquire all of the issued and outstanding shares of common stock of Impsat, constituting all of the voting and equity interest in Impsat. The acquisition will be consummated through a merger of GC Crystal Acquisition, a wholly-owned, direct subsidiary of U.K Holdco 2, with and into Impsat, with Impsat emerging as the surviving corporation under its existing name and as an indirect, wholly-owned subsidiary of GCL. Impsat USA will then be an indirect, wholly-owned subsidiary of GCL. Upon formation, U.K. Holdco 2 will be a wholly owned subsidiary of U.K. Holdco 1, which in turn is 100 percent owned by Global Crossing Holding Limited (GC Holding), a 100 percent direct subsidiary of GCL. The following 2 entities hold 10 percent or greater interest in GCL: STT Crossing Ltd. (STT Crossing), a Mauritius holding company (56.5 percent); Fidelity Management & Research Co., a U.S. entity, (10.0 percent). STT Crossing is 100 percent held by STT Communications Ltd (STT Communications), which in turn is 100 percent owned by Singapore Technologies Telemedia Pte Ltd (ST Telemedia), wholly-owned subsidiary of Temasek Holdings (Private Limited (Temasek). U.K. Holdco 1 and U.K. Holdco 2 will both be established under the laws of the United Kingdom. GCL is a Bermuda entity. STT Communications, ST Telemedia and Temasek are all Singapore entities. Applicants agree to accept and abide by the reporting requirements set out in Section 1.767(l) of the Commission's rules, 47 C.F.R. § 1.767(l), for the U.S.-Singapore and U.S.-Indonesia routes. Applicants further request that the Commission condition grant of this application on compliance with the provisions of a September 24, 2003 agreement between Global Crossing Ltd., GC Acquisition Limited, and Singapore Technologies Telemedia Pte Ltd, and the Federal Bureau of Investigation, the U.S. Department of Justice, the Department of Defense, and the Department of Homeland Security. See Global Crossing Ltd. (Debtor-in-Possession), Transferor, and GC Acquisition Limited, Transferee, Applications for Consent to Transfer Control of Submarine Cable Landing Licenses, International and Domestic Section 214 Authorizations, and Common Carrier and Non-Common Carrier Radio Licenses, and Petition for Declaratory Ruling Pursuant to Section 310(b)(4) of the Communications Act, IB Docket No. 02-286, Order and Authorization, 18 FCC Rcd 20301 (IB/WCB/WTB 2003). 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 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 3 of 3


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Document Modified: 2019-04-26 06:47:59
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