Public Notice TEL01259NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2008-04-22

FCC.report > IB > Public Notices > TEL01259NS

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IBFS_PN_636346

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-01259NS Tuesday April 22, 2008 NON STREAMLINED INTERNATIONAL APPLICATIONS/PETITIONS 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. Page 1 of 4

ISP-PDR-20071129-00016 P Cellco Partnership Petition for Declaratory Ruling Cellco Partnership d/b/a Verizon Wireless (Verizon Wireless or "Petitioner"), a winning bidder of certain 700 MHz licenses in Auction No. 73, see DA 08-595 (rel. Mar. 20, 2008), amended by Erratum (rel. Mar. 26, 2008), requests that the Commission find permissible the indirect foreign ownership of Verizon Wireless 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). Specifically, the Petitioner requests a declaratory ruling approving the same level of indirect foreign ownership in the 700 MHz Band licenses as the Commission previously granted to Verizon Wireless for other common carrier licenses. See ULS File Nos. 0003382444 and 0003382435. Petitioner notes that the Commission previously granted a declaratory ruling approving the 65.1% indirect foreign ownership of Verizon Wireless by Vodafone for other common carrier wireless services. See DA 00-721 (rel. Mar. 30, 2000). Verizon Wireless is a Delaware general partnership ultimately owned indirectly by Verizon Communications, Inc. (Verizon) and Vodafone Group Plc (Vodafone). Verizon, a Delaware corporation, indirectly owns 55 percent of the partnership interests and Vodafone indirectly owns 45 percent of the partnership interests through numerous named intermediate subsidiaries, which are organized under the laws of Luxembourg, the Netherlands, and the United Kingdom, all of which are World Trade Organization Member countries, or the United States. Vodafone is a widely-held, publicly-traded company organized under the laws of the United Kingdom. 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 Verizon Wireless in excess of 25 percent by Vodafone is consistent with the public interest. Interested parties may file comments on or before May 2, 2008, and reply comments on or before May 9, 2008. ISP-PDR-20071203-00017 P Pacific Telecom Inc. Petition for Declaratory Ruling Pacific Telecom Inc. (Pacific Telecom or "Petitioner") requests that the Commission extend its existing declaratory rulings under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the 700 MHz Band radio license its subsidiary, PTI Pacifica, Inc. (PTI Pacifica) won in Auction No. 73. See ULS File No. 0003381416; DA 08-595 (rel. Mar. 20, 2008), amended by Erratum (rel. Mar. 26, 2008). Pacific Telecom states that its existing declaratory rulings authorized the indirect foreign ownership of its wholly-owned subsidiary, PTI Pacifica, Inc. (PTI Pacifica), which holds cellular, common carrier earth station, and PCS licenses. See DA 03-3563 (rel. Nov. 6, 2003) and DA 06-2197 (rel. Oct. 27, 2006). PTI Pacifica is a corporation domiciled in the Commonwealth of the Northern Mariana Islands (CNMI). It is a wholly-owned subsidiary of the Micronesian Telecommunications Corporation (MTC), a CNMI corporation. MTC in turn is wholly owned by Pacific Telecom, also a CNMI corporation. Pacific Telecom is majority-owned (75%) by Prospector Investments Ltd., a company organized under the laws of the Cayman Islands, British West Indies. Prospector is owned by two related individuals, both of whom are citizens of the Republic of the Philippines: (1) Ricardo C. Delgado (60% equity and voting interest), and (2) Jose Ricardo Delgado (40% equity and voting interest). The remaining ownership interests in Pacific Telecom are held by: (1) Sumitomo Corporation, a company organized under the laws of Japan (20%), and (2) Sumitomo Corporation's U.S.-incorporated subsidiary, Sumitomo Corporation of America (5%). Petitioner also requests (on behalf of its parent, The Micronesian Telecommunications Corporation) that the Commission condition grant of the license PTI Pacifica won in Auction No. 73 on compliance with the terms of the Agreement between MTC and Pacific Telecom, and the U.S. Department of Justice, Federal Bureau of Investigation, U.S. Department of Defense, and U.S. Department of Homeland Security dated October 6, 2003, pursuant to Section 7.2 of that Agreement. See ULS File No. 0003381416 at Exhibit B. Interested parties may file comments on or before May 2, 2008, and reply comments on or before May 9, 2008. Page 2 of 4

ISP-PDR-20080102-00008 P Choice Holdings LLC Petition for Declaratory Ruling Choice Holdings LLC (Choice Holdings or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the 700 MHz Band licenses Choice Phone, LLC, its subsidiary, won in Auction No. 73. See ULS File No. 0003383916; DA 08-595 (rel. Mar. 20, 2008), amended by Erratum (rel. Mar. 26, 2008). Petitioner states that its earlier ruling authorized the indirect foreign ownership of its subsidiaries, Choice Phone - which holds Specialized Mobile Radio licenses - and Wave Runner - which holds broadband Personal Communications Service radio licenses. See DA 07-3402 (rel. July 26, 2007). Choice Holdings, Choice Phone, and Wave Runner are limited liability companies organized under the laws of Guam. See ULS File No. 0003383916. According to the petition, Choice Holdings holds directly approximately 100 percent of the equity and voting interests in Choice Phone and Wave Runner. Richard C. Yu, a U.S. citizen, holds directly less than 1 percent of the equity and voting interests in each carrier. The direct equity and voting interests in Choice Holdings, in turn, are held as follows: (1) Ronnie S. Lim, a citizen of the Philippines, a World Trade Organization (WTO) Member country (25%), (2) Richard C. Yu, a U.S. citizen (28%), (3) Jeselyn T. Yu, a U.S. citizen (18%), and (4) Angelie C. Ong, a U.S. citizen (29%). According to the petition, Mr. Yu is the Managing Member of, and holds de facto control over, Choice Holdings, Choice Phone, and Wave Runner. The petition states that no other individual holds de facto control, and no change is expected to be made to the current control of the companies. The petition also states that Mr. Lim will acquire an additional 10 percent direct equity and voting interest in Choice Holdings from Mr. Yu, thereby exceeding the 25 percent benchmark in section 310(b)(4) of the Act. Mr. Yu will continue to function as Managing Member of, and maintain de facto control over, Choice Holdings, Choice Phone, and Wave Runner. 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 Choice Phone in excess of 25 percent is consistent with the public interest. Interested parties may file comments on or before May 2, 2008, and reply comments on or before May 9, 2008. ISP-PDR-20080103-00009 P Puerto Rico Telephone Company, Inc. Petition for Declaratory Ruling Puerto Rico Telephone Company, Inc. (PRTC or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the 700 MHz Band licenses it won in Auction No. 73. See ULS File No. 0003382234; DA 08-595 (rel. Mar. 20, 2008), amended by Erratum (rel. Mar. 26, 2008). Petitioner states that its earlier ruling authorized the indirect foreign ownership of PRTC, which holds certain common carrier radio licenses. See FCC 07-43 (rel. Mar. 26, 2007). PRTC is a wholly-owned subsidiary of Telecomunicaciones de Puerto Rico (TELPRI), a U.S. corporation organized under the laws of the Commonwealth of Puerto Rico. TELPRI is wholly owned by Tenedora Telpri, S.A. de C.V. (Tenedora), a Mexican corporation. Tenedora in turn is wholly owned and controlled (99.99%) by Radiomóvil Dipsa, S.A. de C.V. (Telcel), also a Mexican company. Telcel is wholly owned and controlled (99.99%) by Sercotel, S.A. de C.V. (Sercotel), which in turn is wholly owned and controlled (99.99%) by América Móvil S.A.B. de C.V. (América Móvil). Both Sercotel and América Móvil are corporations organized under the laws of Mexico. Mr. Carlos Slim and certain members of his immediate family - all of whom are citizens of Mexico - directly and indirectly hold approximately 31 percent equity and 64.5 percent voting interests in América Móvil. 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 PRTC in excess of 25 percent is consistent with the public interest. Interested parties may file comments on or before May 2, 2008, and reply comments on or before May 9, 2008. Page 3 of 4

ISP-PDR-20080401-00006 P AST Telecom, LLC Petition for Declaratory Ruling AST Telecom, LLC (AST Telecom or "Petitioner"), a winning bidder of a 700 MHz Band license in Auction No. 73, see ULS File No. 0003382802; DA 08-595 (rel. Mar. 20, 2008), amended by Erratum (rel. Mar. 26, 2008), requests that the Commission find permissible the indirect foreign ownership of AST Telecom 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). Specifically, AST Telecom requests that the Commission approve: (1) the current foreign ownership of eLandia, Inc. (eLandia), AST Telecom's parent company, in connection with the radio license AST Telecom won in Auction No. 73; (2) the same levels of indirect foreign ownership in other eLandia subsidiaries, American Samoa License, Inc. and eLandia Technologies, Inc., to take into account changes in eLandia's ownership since the issuance of section 310(b)(4) declaratory rulings to these subsidiaries; and (3) an increase in the controlling ownership interest in eLandia held by R. Allen Stanford, a U.S. citizen, through two wholly-owned foreign subsidiaries, Stanford International Bank Limited (SIBL) and Stanford International Bank Holdings Limited (SIBHL), from its present level of 57.45 percent to 69.50 percent in order to account for the planned conversion of existing convertible debt held by SIBL into additional shares of eLandia stock as well as for additional capital contributions that Mr. Stanford has committed to make. AST Telecom, a U.S. limited liability company, is a wholly-owned subsidiary of eLandia, a U.S. corporation. According to the petition, SIBL, a company organized under the laws of Antigua and Barbuda, a World Trade Organization (WTO) Member country, holds a 57.45 percent ownership interest in eLandia. SIBL, in turn, is wholly-owned by SIBHL, which is also organized under the laws of Antigua and Barbuda. SIBHL is wholly-owned and controlled by R. Allen Stanford, a U.S. citizen (who also holds citizenship of Antigua and Barbuda). The Petition indicates that 4.63 percent of the ownership interests in eLandia are held by Michael Ah Koy, individually and as a beneficiary and trustee of the James Michael Ah Koy Trust. Mr. Ah Koy is a citizen of Fiji, a WTO Member country. In addition, W&R South Pacific, L.P. (WSPLP), a U.S. limited partnership, holds a 5.07 percent ownership interest in eLandia. WSPLP is owned and controlled by Barry and Fay Alailima Rose, U.S. citizens, through W&R, Inc., a U.S. corporation. The remaining 32.85 percent ownership interests in eLandia are held by "Other" shareholders. 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 AST Telecom in excess of 25 percent is consistent with the public interest. Interested parties may file comments on or before May 2, 2008, and reply comments on or before May 9, 2008. 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 Page 4 of 4


Document Created: 2008-04-22 15:26:50
Document Modified: 2008-04-22 15:26:50
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