Public Notice SCL00048

Action Taken Public Notice

Submarine Cable Landing

2007-12-18

FCC.report > IB > Public Notices > SCL00048

Filings Included

File NumberService
SCL-T/C-20070801-00014Submarine Cable Landing
IBFS_PN_610781

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 DA No. 07-5017 Report No. SCL-00048 Tuesday December 18, 2007 ACTIONS TAKEN UNDER CABLE LANDING LICENSE ACT Section 1.767(a) Cable Landing Licenses, Modifications, and Assignments or Transfers of Control of Interests in Cable Landing Licenses (47 C.F.R. § 1.767(a)) By the Chief, Policy Division, International Bureau: Pursuant to An Act Relating to the Landing and Operation of Submarine Cables in the United States, 47 U.S.C. §§ 34-39 (Cable Landing License Act), Executive Order No. 10530, Exec. Ord. No. 10530 reprinted as amended in 3 U.S.C. § 301, and section 1.767 of the Commission's rules, 47 C.F.R. § 1.767, the following applications ARE GRANTED. These grants of authority are taken under section 0.261 of the Commission's rules, 47 C.F.R. § 0.261. Petitions for reconsideration under section 1.106 or applications for review under section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of this public notice. This public notice serves as each cable landing licensee's Cable Landing License, or modification thereto, pursuant to the Cable Landing License Act and sections 1.767 and 1.768 of the Commission's rules. Cable landing licensees should review carefully the terms and conditions of their licenses. Failure to comply with these terms and conditions or relevant Commission rules and policies could result in fines or forfeitures. The Commission most recently amended its rules applicable to submarine cable landing licenses 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), 67 Fed. Reg. 1615 (Jan. 14, 2002). An updated version of sections 1.767 and 1.768 of the rules is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-598A1.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. Page 1 of 2

SCL-T/C-20070801-00014 P Marine Cable Corporation Transfer of Control Grant of Authority Date of Action: 12/17/2007 Current Licensee: Marine Cable Corporation FROM: BCE Inc. TO: 6796508 Canada Inc. Acceptability for Filing Public Notice: The Application was placed on Public Notice on September 17, 2007. See Marine Cable Corporation Application to Transfer Control of the Interest in the America-Canada-1 Submarine Cable Landing License from BCE Inc. to 6796508 Canada Inc., File No. SCL-LIC-20070801-00014, Public Notice, Non-Streamlined Submarine Cable Landing License Applications Accepted for Filing, Report No. SCL-00037NS (Int'l Bur., Sept. 17, 2007). No oppositions or other comments were filed in response to the Public Notice. The Application has been coordinated with the Department of State and other relevant Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules, 47 C.F.R. §1.767(b), and consistent with procedures established with the Department of State. See Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 22167, 22192-193, 51-52 (2001) (Submarine Cable Landing License Report and Order); Streamlined Procedures for Executive Branch Review of Submarine Cable Landing License Requests, State Department Media Note (Revised) (rel. Dec. 20, 2001) available at http://www.state.gov/r/pa/prs/ps/2001/6951.htm. The Executive Branch agencies filed a Petition to Adopt Conditions to Authorizations and Licenses on December 14, 2007. Actions Taken: Grant of transfer of control of the interest in the America-Canada-1 (AmeriCan-1) submarine cable landing license, SCL-LIC-19980123-00002 (Old File No. SCL-98-001), held by Marine Cable Corporation (Marine Cable) from the current shareholders of BCE, Inc. (BCE) to 6796508 Canada Inc. (6796508). Licensee Information: Marine Cable is currently an indirect, wholly-owned subsidiary of BCE. Marine Cable, a joint licensee of the AmeriCan-1 cable, holds an undivided 25% interest in landing stations and in the transmission capacity of AmeriCan-1. 6796508 has entered into an agreement to purchase all of the outstanding shares of BCE. Marine Cable will continue to be a subsidiary of BCE after the transaction. Teachers Private Capital (TPC), a division of the Ontario Teachers' Pension Plan Board (OTPP), holds a 51.6 % equity interest in 6796508. Providence Equity Partners VI International L.P. holds a 25.99% voting interest and a 22% equity interest in 6796508. Morcague Holdings Corp.(Morcague) holds a 66.67% voting interest. Morcague is a Canadian corporation in which Mr. Morgan McCague, a Canadian citizen, is the sole shareholder, and director, president and secretary. OTPP and Morcague will enter into an agreement which will, among other things, provide for OTPP's designation of 5 of the 13 members of the Board of Directors of 6796508, OTPP's ability to require Morcague to dispose of the shares, and to otherwise direct Morcague on how to vote its shares. No other individuals or entities will have a 10% or greater direct or indirect equity or voting interest in Marine Cable. Conditions and Requirements: See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663 (TD/IB 1998) modified 14 FCCR 1961 (TD/IB 1998), modified 14 FCC Rcd 4507 (TD/IB 1999), modified 15 FCC Rcd 3057 (TD/IB 2000). Licensee shall comply with the requirements of Section 1.768 (notifications and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier), 47 C.F.R. § 1.768. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on December 14, 2007 by the Department of Justice, including the Federal Bureau of Investigation, and the Department of Homeland Security. Accordingly, we condition grant of this application on Marine Cable Corporation and 6796508 Canada Inc. abiding by the commitments and undertakings set forth in the December 7, 2007 letter from 6796508 Canada Inc., BCE Nexxia Corporation, BCE Nexxia Voice Services Corporation, Marine Cable Corporation, and Bell Aliant Regional Communications Limited Partnership to Kenneth L. Wainstein (U.S. Department of Justice), Stewart A. Baker (U.S. Department of Homeland Security), and Elaine N. Lammert (Federal Bureau of Investigation) (December 7 2007 Letter). A copy of the Petition and the December 7 2007 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for SCL-T/C-20070801-00014 and accessing "Other filings related to this application" from the Document Viewing area. Regulatory States of Cable: The AmeriCan-1 Cable System is operated on a non-common carrier basis. See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663, paras. 1, 7, 16. Cable Design and Capacity: See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663, para. 6, modified 14 FCCR 1961, para. 7. Page 2 of 2


Document Created: 2007-12-17 15:33:41
Document Modified: 2007-12-17 15:33:41
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