Public Notice SCL00057S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2008-02-29

FCC.report > IB > Public Notices > SCL00057S

Filings Included

File NumberService
SCL-T/C-20080219-00002Submarine Cable Landing
IBFS_PN_624053

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-00057S Friday February 29, 2008 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-20080219-00002 P Pacific Lightnet, Inc. Transfer of Control Current Licensee: Pacific Lightnet, Inc. FROM: TM Communications Hawaii, LLC TO: SK Telecom Holdings, L.P. Application for consent to transfer control of the interest in the GST Interisland Cable System, SCL-LIC-19950627-00024 (Old File No. SCL-95-003), held by Pacific Lightnet, Inc. (PLNI) from its current shareholders, TM Communications Hawaii, LLC (Tomen) (50%) and NextNet Investments, LLC (NextNet) (50%), to SK Telecom Holdings, L.P. (SK Telecom). PLNI owns and controls 12 fibers in the inter-island cable system connecting the islands of Kauai, Oahu, Maui and Hawaii, and eight fibers in the system connecting the islands of Lanai and Molokai. (See SCL-ASG-20010516-00013, 16 FCC Rcd 17218 (2001)). Pursuant to a Stock Purchase Agreement executed on February 4, 2008, SK Telecom will acquire 100% of the issued and outstanding stock of PLNI. PLNI will become wholly-owned by SK Telecom, and SK Telecom will control PLNI's entire interest in the interisland cable system SK Capital Holdings, L.P. (SK Capital) has a 69.37% ownership interest in, and controls, SK Telecom. The following individuals hold a 10 percent or greater indirect ownership interest in SK Telecom through their ownership interests in SK Capital: Robert Seidler (13.75%), Matthew Seidler (13.75%), Peter Seidler (11.25%), John Seidler (11.25%). No other entity or individual holds a 10 percent or greater direct or indirect equity or voting interest in SK Telecom or SK Capital. 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


Document Created: 2008-02-28 18:33:24
Document Modified: 2008-02-28 18:33:24
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