Public Notice TEL01266NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2008-05-07

FCC.report > IB > Public Notices > TEL01266NS

Filings Included

File NumberService
ISP-PDR-20080501-00011International Telecommunications
IBFS_PN_638997

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-01266NS Wednesday May 7, 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 2

ISP-PDR-20080501-00011 P Vizada, Inc. Petition for Declaratory Ruling Vizada, Inc. (Vizada or the "Petitioner") requests a declaratory ruling that indirect foreign ownership of Vizada in excess of the 25 percent benchmark in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), by the foreign entities identified in its petition is in the public interest. The Petitioner states that it seeks approval of the same ownership structure, and ultimately seeks the same declaratory ruling, that its affiliate Vizada Services, LLC is requesting in ISP-PDR-20060804-00010. Vizada holds several Commission licenses and authorizations, including common carrier fixed and mobile earth station licenses, which it acquired as a result of a pro forma assignment of licenses from its former affiliate, Telenor Satellite, Inc. Vizada and its direct parent, Mobsat Holding US Corp., are organized in Delaware. Mobsat Holding US Corp. is, in turn, a direct wholly-owned subsidiary of MobSat Holding Norway AS (formerly, Inceptum 1 AS) (MobSat AS). MobSat AS is organized in Norway and is indirectly wholly owned by MobSat Group Holding Sarl (MobSat Group), a Luxembourg company, through two intervening holding companies organized in the Netherlands. MobSat Group is, in turn, majority owned and controlled by Apax France VI, an investment fund organized under the laws of France. Other direct investors in MobSat Group include Altamir Amboise SCA, which is organized in France in a form equivalent to a limited partnership with shares traded on the Euronext exchange, and Apax Parallel Investment V, L.P., a Delaware limited partnership under common control with Apax France VI. The Commission previously issued a foreign ownership ruling to Vizada in a decision consenting to the transfer of control of Vizada to MobSat AS. See Telenor ASA, Transferor, and Inceptum 1 AS, Transferee, Seek FCC Consent to Transfer Control of Licenses and Authorizations and a Declaratory Ruling on Foreign Ownership, Public Notice, IB Docket No. 06-225, DA 07-2163, 22 FCC Rcd 9325 (2007) (2007 Ruling). According to the Petitioner, as a result of restructuring in the ownership of entities approved in the 2007 Ruling, Vizada is able to identify additional indirect foreign equity and voting interests that were unidentified at the time of the ruling. Vizada requests approval for these foreign equity and voting interests, including interests held by and through MobSat Management Sarl, a Luxembourg limited liability company through which certain individuals involved in management have been allowed to acquire shares. In addition, Vizada seeks approval under section 310(b)(4) for a proposed pro forma restructuring under which ownership of Vizada's immediate parent, Mobsat Holding US Corp., would be transferred to Vizada AS (f/k/a Telenor Satellite Services AS), a direct wholly-owned Norwegian subsidiary of MobSat AS. Vizada thus seeks approval to insert Vizada AS into Vizada's ownership chain. The Petitioner asserts that, pursuant to the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158, its indirect foreign ownership 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 Page 2 of 2


Document Created: 2008-05-06 18:12:44
Document Modified: 2008-05-06 18:12:44
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