Public Notice TEL01301NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2008-08-26

FCC.report > IB > Public Notices > TEL01301NS

Filings Included

File NumberService
ISP-PDR-20080731-00015International Telecommunications
IBFS_PN_660541

                     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-01301NS                                                                   Tuesday August 26, 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.




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ISP-PDR-20080731-00015                    P                 MetroBridge Networks Licensing, LLC
Petition for Declaratory Ruling
MetroBridge Networks Licensing, LLC ("MetroBridge Licensing") and MetroBridge Americas (the "Petitioners") request a declaratory ruling that
it is in the public interest for MetroBridge Licensing to have indirect foreign investment in excess of the 25 percent benchmark under section
310(b)(4) of the Communications Act of 1934, as amended (the "Act"). MetroBridge filed its petition in conjunction with applications for
common carrier radio licenses. See ULS File Nos. 0003487017 and 0003487015.

According to the Petitioners, MetroBridge Licensing is a Delaware corporation that is a wholly-owned subsidiary of MetroBridge Americas, a
private company that is organized in Delaware. MetroBridge Americas is a wholly-owned subsidiary of MetroBridge Networks Corporation
("MetroBridge Corporation"), a privately owned Canadian company. MetroBridge Corporation, in turn, is a wholly-owned subsidiary of
MetroBridge Networks International Inc. ("MetroBridge International"), a publicly owned Canadian holding company.

The Petitioners included, as part of the Petition, two shareholder lists dated May 20 and June 12, 2008 that MetroBridge Licensing obtained from
the records of Compterserve, the transfer agency used by MetroBridge International, and that contain information about MetroBridge
International's shareholders (i.e., each shareholder's name, address, and number of shares owned). Petitioners represent that the shareholders
identified on these lists encompass 100 percent of MetroBridge International's shareholders as of May 20 and June 12, 2008, that substantially all
of MetroBridge International's shares are held by residents of Canada, a World Trade Organization ("WTO") Member country, and that all of
MetroBridge International's shares are held by residents of WTO Member countries.

The Petitioners asserts that, pursuant to the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891
(1997), modified by Order on Reconsideration, 15 FCC Rcd 18158 (2000), the indirect foreign ownership of MetroBridge Licensing 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




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Document Created: 2008-08-25 18:01:54
Document Modified: 2008-08-25 18:01:54

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