Public Notice SCL00049

Action Taken Public Notice

Submarine Cable Landing

2007-12-21

FCC.report > IB > Public Notices > SCL00049

Filings Included

File NumberService
SCL-T/C-20070621-00013Submarine Cable Landing
IBFS_PN_611555

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. 07-5072 Report No. SCL-00049 Friday December 21, 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 3

SCL-T/C-20070621-00013 P Antilles Crossing-St. Croix, Inc. Transfer of Control Grant of Authority Date of Action: 12/19/2007 Current Licensee: Antilles Crossing-St. Croix, Inc. FROM: Leucadia National Corporation TO: GLOBAL CARIBBEAN FIBER, SAS Acceptability for Filing Public Notice: The Application was placed on Public Notice on July 30, 2007. See Antilles Crossing-St. Croix, Inc. Application to Transfer Control of the Submarine Cable Landing License for the Antilles Crossing Cable System linking the United States Virgin Islands, St.Lucia, and Barbados, File No. SCL-T/C-20070621-00013, Public Notice, Streamlined Submarine Cable Landing License Applications Accepted for Filing, Report No. SCL-00031S (Int'l Bur., July 30, 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, 22192-93, 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 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 18, 2007. Actions Taken: Grant of transfer of control of the cable landing license for the Antilles Crossing cable system, SCL-LIC-20031125-00032, held by Antilles Crossing-St. Croix, Inc. (ACSC), from Leucadia National Corporation (Leucadia) to Global Caribbean Fiber, S.A.S. (GCF). The Antilles Crossing cable system is a non-common carrier fiber optic cable system extending between the U.S. Virgin Islands, St. Lucia, and Barbados. Licensee Information: Pursuant to a Joint Venture Agreement executed May 29, 2007, Auto-Guadeloupe Investissement, S.A. d/b/a Loret Group (AGI) and Baldwin Enterprises, Inc. (BEI), a wholly-owned subsidiary of Leucadia, have agreed to form a joint venture which will combine the submarine cable networks which each party operates in the Caribbean region under the direct ownership and control of GCF, a French company. GCF, which is currently a wholly-owned subsidiary of AGI, will be jointly owned by AGI, with a 60% equity and voting interest, and Caribbean Fiber Holdings, LP (CFH), with a 40% equity and voting interest. CFH is a newly formed limited partnership ultimately controlled by Leucadia. In addition to the Antilles Crossing cable system, the assets included in the Joint Venture will be the Global Caribbean Network (GCN), SCL-LIC-20050418-00010, which is controlled by GCF, and two cable systems which do not land in the United States, Middle Caribbean Network and Southern Caribbean Fiber, both of which are majority-owned by GCF. Leucadia, an indirect majority shareholder of ACSC, currently has 75% controlling interest in ACSC; with LPH Telecom Ltd. holding a 25% interest. Pursuant to a corporate reorganization in anticipation of this transaction, Leucadia and LPH Telecom will each transfer their interest in ACSC to CFH. CFH will be owned by Baldwin Carib, LP (74.9%), LUK-Carib, LLC (0.1%), and LPH Telecom Ltd. (25%). Baldwin Carib, LP and LUK-Carib, LLC are both wholly-owned subsidiaries of BEI and indirect wholly-owned subsidiaries of Leucadia. LPH Telecom Ltd. is a wholly-owned subsidiary of Light & Power Holdings Ltd., a publicly traded Barbados limited company in which Leucadia holds 37.82% of the shares. Thus, Leucadia will have a 84.455% indirect interest in CFH. AGI is a public limited company organized under the laws of France. The majority owner of AGI is S.A. L. Loret et Compagnie, a public limited company organized under the laws of France, which holds a 61.49% interest in AGI. Christiane Aubery Loret, a French citizen, holds a 34.22% interest in AGI. The principal owners of S.A. L. Loret et Compagnie are SC Sciparin, a holding company organized under the laws of France (48.36%), Christiane Aubery Loret (33.37%), and Lucien Loret, a French citizen (15.1%). The principal owners of SC Sciparin are Marie Loret, Nathalie Loret, Nadine Loret, and Valerie Loret, all of whom are French citizens, and each of whom holds a 23.75% interest. Conditions and Requirements: See Antilles Crossing Limited., Submarine Cable Landing License, File No. SCL-LIC-20031125-00032, Public Notice, Actions Taken Under Cable Landing License Act, DA No. 04-74, 19 FCC Rcd 446 (PD/IB 2004). We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on December 18, 2007 by the Department of Homeland Security and the Department of Justice. Accordingly, we condition grant of this application on Antilles-Crossing-St. Croix, Inc. and Global Caribbean Fiber abiding by the commitments and undertakings contained in its Agreement with the Department of Homeland Security and the Department of Justice (Agreement). A copy of the Petition and the Agreement 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-20070621-00013 and accessing "Other filings related to this application" from the Document Viewing area. Regulatory States of Cable: The Antilles Crossing cable system operates on a non-common carrier basis extending between the U.S. Virgin Islands, St. Lucia, and Barbados. See Antilles Crossing Limited., Submarine Cable Landing License, File No. SCL-LIC-20031125-00032, Public Notice, Actions Taken Under Cable Landing License Act, DA No. 04-74, 19 FCC Rcd 446 (PD/IB 2004). Cable Design and Capacity: See Antilles Crossing Limited., Submarine Cable Landing License, File No. SCL-LIC-20031125-00032, Public Notice, Actions Taken Under Cable Landing License Act, DA No. 04-74, 19 FCC Rcd 446 (PD/IB 2004); Antilles Crossing-St. Croix Inc., Landing Points Notification, File No. SCL-LPN-20050902-00016, Public Notice, Actions Taken Under Cable Landing License Act, DA No. 05-3133, 20 FCC Rcd 19308 (PD/IB 2005). Page 2 of 3

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Document Created: 2007-12-20 16:46:16
Document Modified: 2007-12-20 16:46:16
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