Public Notice TEL01334NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2008-12-29

FCC.report > IB > Public Notices > TEL01334NS

Filings Included

File NumberService
ITC-T/C-20081215-00534International Telecommunications
ITC-T/C-20081124-00512International Telecommunications
IBFS_PN_686470

                     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-01334NS                                                                Monday December 29, 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 3


ITC-T/C-20081124-00512          E                         PCCW Limited
Transfer of Control
Current Licensee:   BtN Access Limited
FROM: PCCW Limited
TO:   Pacific Century Regional Developments Limited
Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19980303-00158 (Old File No.
ITC-98-196), ITC-214-19980930-00689, ITC-214-19981218-00880, ITC-214-19990601-00305, ITC-214-19990601-00306,
ITC-214-19990601-00307, ITC-214-19990601-00308, ITC-214-19991122-00725, ITC-214-19991122-00726, ITC-214-19991122-00727,
ITC-214-20021024-00567, ITC-MOD-20020829-00511, held by BtN Access Limited (BtN), from PCCW Limited (PCCW), its indirect parent,
to Pacific Century Regional Developments Limited (PCRD). PCCW Global, Inc. (PGI) and PCCW Global Limited (PGL), both wholly-owned
subsidiaries of BtN, provide service under authority of the international section 214 authorizations held by BtN, pursuant to section 63.21(h) of
the Commission's rules, 47 C.F.R. § 63.21(h).

Pursuant to a proposal to privatize PCCW, a portion of the shares of PCCW would be cancelled in exchange for cash. New shares would be
issued, but would no longer be publicly traded. PCRD and certain other current shareholders of PCCW acting in concert with PCRD would
increase their collective ownership interest in PCCW; these entities would have a combined 66.71% ownership interest in PCCW. Specifically,
PCRD will continue to hold a 22.68% direct ownership interest in PCCW; Starvest Limited, a wholly-owned subsidiary of PCRD, will hold a
38.83% direct ownership interest; Pacific Century Group Holdings Limited, which has a 75.75% indirect ownership interest in PCRD, will
continue to have a 1.51% direct ownership interest in PCCW; Pacific Century Diversified Limited will continue to have a 3.19% direct ownership
interest; and, Eisner Investments Limited will continue to have a 0.5% direct ownership interest in PCCW. China Netcom Corporation (BVI)
Limited (Netcom BVI) will hold the remaining 33.29% ownership interest in PCCW.

Upon completion of the privatization, BtN, PGI and PGL will be indirect wholly-owned subsidiaries of PCRD and will continue to be indirect
wholly-owned subsidiaries of PCCW.

BtN, PGI and PGL agree to continue to be classified as dominant carriers on the U.S.-Hong Kong and U.S.-China routes pursuant to Section
63.10 of the Commission's rules, 47 C.F.R. § 63.10.

Applicants request that the Commission condition grant of this application on compliance with the provisions of a November 29, 2001 Agreement
by and between Reach Ltd., Telstra Corporation Limited, and Pacific Century CyberWorks Limited, on the one hand, and the Federal Bureau of
Investigation and the U.S. Department of Justice on the other hand (November 29, 2001 Agreement) and the January 8 2007 amendment making
the Department of Homeland Security a party to the November 29, 20001 Agreement (January 8, 2007 Amendment). Copies of the November 29
2001 Agreement and the January 8 2007 Amendment are publicly available in the record of this proceeding and may be viewed on the FCC
web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20081124-00512 and accessing the "Attachment
Menu" from the Document Viewing area.




                                                                 Page 2 of 3


ITC-T/C-20081215-00534               E                  Reach Ltd.
Transfer of Control
Current Licensee:   Reach Ltd.
FROM: PCCW Limited
TO:   Pacific Century Regional Developments Limited
Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-20070418-00153 and
ITC-214-20001228-00771, held by Reach Ltd. (Reach), from PCCW Limited (PCCW), an indirect parent, to Pacific Century Regional
Developments Limited (PCRD). Reach Global Networks Limited (RGNL), Reach Services (USA), Inc. (Reach USA), and Reach Global Services
Limited (Hong Kong) (Reach Hong Kong), all wholly-owned subsidiaries of Reach, provide service under authority of the international section
214 authorizations held by Reach, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h).

Reach is jointly owned by PCCW and Telstra Holdings (Bermuda) No. 1 Limited (Telstra Bermuda), with each holding a 50 percent negative
controlling interest in Reach. There are no changes to the ownership of Telstra Bermuda.

Pursuant to a proposal to privatize PCCW, a portion of the shares of PCCW would be cancelled in exchange for cash. New shares would be
issued, but would no longer be publicly traded. PCRD and certain other current shareholders of PCCW acting in concert with PCRD would
increase their collective ownership interest in PCCW; these entities would have a combined 66.71% ownership interest in PCCW. Specifically,
PCRD will continue to hold a 22.68% direct ownership interest in PCCW; Starvest Limited, a wholly-owned subsidiary of PCRD, will hold a
38.83% direct ownership interest; Pacific Century Group Holdings Limited, which has a 75.75% indirect ownership interest in PCRD, will
continue to have a 1.51% direct ownership interest in PCCW; Pacific Century Diversified Limited will continue to have a 3.19% direct ownership
interest; and, Eisner Investments Limited will continue to have a 0.5% direct ownership interest in PCCW. China Netcom Corporation (BVI)
Limited (Netcom BVI) will hold the remaining 33.29% ownership interest in PCCW.

Upon completion of the privatization, Reach, RGNL, Reach USA, and Reach Hong Kong will be indirect subsidiaries of PCRD and will continue
to be indirect subsidiaries of PCCW.

Reach, RGNL, Reach USA, and Reach Hong Kong agree to be classified as dominant carriers on the U.S-Australia, U.S.-Hong Kong and
U.S.-China routes pursuant to Section 63.10 of the Commission's rules, 47 C.F.R. § 63.10.

Applicants request that the Commission condition grant of this application on compliance with the provisions of a November 29, 2001 Agreement
by and between Reach Ltd., Telstra Corporation Limited, and Pacific Century CyberWorks Limited, on the one hand, and the Federal Bureau of
Investigation and the U.S. Department of Justice on the other hand (November 29 2001 Agreement) and the January 8, 2007 amendment making
the Department of Homeland Security a party to the November 29, 20001 Agreement (January 8, 2007 Amendment). Copies of the November 29,
2001 Agreement and the January 8, 2007 Amendment are publicly available in the record of this proceeding and may be viewed on the FCC
web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20081215-00534 and accessing the "Attachment
Menu" from the Document Viewing area.




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 3 of 3



Document Created: 2008-12-24 13:12:48
Document Modified: 2008-12-24 13:12:48

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