Public Notice TEL01141NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2007-04-27

FCC.report > IB > Public Notices > TEL01141NS

Filings Included

File NumberService
ISP-PDR-20070314-00004International Telecommunications
ISP-PDR-20070119-00007International Telecommunications
IBFS_PN_562645

                     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-01141NS                                                                        Friday April 27, 2007

                 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.




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ISP-PDR-20070119-00007              P                  ABLE INFOSAT COMMUNICATIONS INC.
Petition for Declaratory Ruling
Able Infosat Communications, Inc. (Able Infosat or the "Petitioner") requests that the Commission find permissible its indirect foreign
ownership in excess of the 25 percent benchmark set forth in Section 310(b)(4) of the Communications Act of 1934, as amended, 47
U.S.C. § 310(b)(4). Able Infosat holds a Commercial Mobile Radio Service license and filed its petition in connection with an
application for consent to an unauthorized pro forma transfer of control. See ULS File No. 0002865620. Able Infosat has not
previously disclosed its indirect foreign ownership to the Commission or sought the required ruling under Section 310(b)(4).

Able Infosat, a U.S. corporation, is wholly owned by Infosat Able Holdings, Inc., a U.S.-organized holding company. Infosat Able
Holdings, Inc. is a wholly-owned subsidiary of Infosat Communications, Inc. (Infosat Canada), a Canadian corporation. Infosat Canada
is wholly owned by Telesat Canada, which, in turn, is wholly owned by BCE Inc. Telesat Canada and BCE Inc. are both organized in
Canada.

Petitioner asserts that, pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd
23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the indirect foreign ownership of Able Infosat in excess of 25%
is consistent with the public interest.

Interested parties may file comments on or before May 11, 2007, and reply comments on or before May 18, 2007.

ISP-PDR-20070314-00004              P                  Mobile Satellite Ventures Subsidiary LLC
Petition for Declaratory Ruling
Mobile Satellite Ventures Subsidiary LLC (MSV) and SkyTerra Communications, Inc. (SkyTerra) jointly request a declaratory ruling
that it is in the public interest for MSV to have indirect foreign ownership interest in excess of the 25 percent benchmark set forth in
section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"). MSV is a common carrier radio licensee that has been
licensed by the Commission to construct, launch and operate a mobile satellite service (MSS) in the L-Band.

MSV, a Delaware limited liability company, is a direct wholly-owned subsidiary of MSV LP, a Delaware limited partnership. The
general partner of MSV LP is Mobile Satellite Ventures G.P. (MSV GP), a Delaware limited partnership. SkyTerra, a publicly-traded
corporation organized under the laws of Delaware, holds a 95.08% equity interest in MSV LP on an undiluted basis, and Motient
Corporation (Motient) holds a 4.46% equity interest in MSV LP on an undiluted basis. SkyTerra holds 100% of the interests in MSV
GP and thus holds all of the voting interests in, and voting control of, MSV.

Petitioners seek a declaratory ruling that it is in the public interest to allow 19.79% indirect foreign equity and 31.11% indirect foreign
voting interests in MSV. The "Named SkyTerra Shareholders" (comprised of private equity and investment funds, shareholders of
Motient and BCE Inc., and former investors in MSV), will hold indirectly up to and including an aggregate 18.96% foreign equity and
30.34% foreign voting interests in MSV through their interests in SkyTerra. Motient will hold directly up to and including a 0.83%
foreign equity and 0.77% foreign voting interest in MSV. Petitioners also request authority for up to and including an additional
aggregate 25% indirect equity and/or voting interest in MSV, through SkyTerra and Motient, from foreign individuals and entities
without seeking further Commission approval under section 310(b)(4) of the Act, subject to standard conditions imposed in Orders
approving indirect foreign ownership under section 310(b)(4).

Petitioners assert that, pursuant to the rules and policies established in the Commission's Foreign Participation Order, IB Docket No.
97-142, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the indirect foreign ownership of MSV in
excess of the 25 percent benchmark in section 310(b)(4) of the Act is consistent with the public interest.




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



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Document Modified: 2019-04-08 06:32:49

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