Public Notice SCL00079NS

Accepted for Filing Non-Streamlined Public Notice

Submarine Cable Landing

2008-12-29

FCC.report > IB > Public Notices > SCL00079NS

Filings Included

File NumberService
SCL-T/C-20081215-00023Submarine Cable Landing
SCL-T/C-20081212-00021Submarine Cable Landing
IBFS_PN_686517

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-00079NS Monday December 29, 2008 NON-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. These applications are not subject to the streamlined processing procedures set forth in Section 1.767 of the Commission’s rules, 47 C.F.R. § 1.767. 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. 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. SCL-T/C-20081212-00021 E Brasil Telecom of America Inc. Transfer of Control Current Licensee: Brasil Telecom of America Inc. FROM: Brasil Telecom S/A TO: Telemar Norte Leste S.A. Application for consent to transfer control of the submarine cable landing licenses for the GlobeNet System, SCL-LIC-19961026-00001, SCL-LIC-19990602-00010, held by Brasil Telecom of America Inc. (GlobeNet) from its 100% parent, Brasil Telecom S.A. (Brasil Telecom), to Telemar Norte Leste S.A. (Telemar). The GlobeNet cable system is comprised of the Bus-1, SCL-LIC-19961026-00001, and Atlantica-1, SCL-LIC-19990602-00010, cables. It extends between the United States, Bermuda, Venezuela, and Brazil. Pursuant to a Share Purchase Agreement executed on April 25, 2008, Brasil Telecom will become a direct wholly-owned subsidiary of Telemar. Upon consummation, Telemar will acquire de jure and de facto control of Brasil Telecom and indirect control of GlobeNet. Telemar's common and preferred shares are publicly traded on the BOVESPA market in Sao Paulo, Brazil. Telemar Norte Participacoes S.A. (TNL), a Brazil holding company whose shares are publicly traded, has a 97.4% voting and 82.0% equity interest in Telemar. Telemar Participacoes S.A has a 52.45% voting and 17.48% equity interest in TNL, and thus is deemed to have a 97.4% voting interest and a 14.33% equity interest in GlobeNet. No other individual or entity holds a 10% or greater direct or indirect voting or equity interest in GlobeNet. GlobeNet is affiliated with a carrier in Brazil, a World Trade Organization Member country, and agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission's rules, 47 C.F.R. § 1.767(l), for the U.S.-Brazil route. Page 1 of 2

SCL-T/C-20081215-00023 E Reach Global Networks Limited Transfer of Control Current Licensee: Reach Global Networks Limited FROM: PCCW Limited TO: Pacific Century Regional Developments Limited Application filed for consent to transfer control of ownership interests in the Japan-U.S. cable network, SCL-LIC-19981117-00025, held by Reach Global Networks Limited (RGNL) from PCCW Limited (PCCW), an indirect parent, to Pacific Century Regional Developments Limited (PCRD). The Japan-U.S. cable network extends from landing points at San Luis Obispo, California; Point Arena, California; and Makaha, Hawaii to Shima, Kitaibaraki, and Maruyama, Japan. RGNL owns a 13.849206% equity and voting interest in the Japan-U.S. cable network. RGNL is a wholly-owned subsidiary of REACH Ltd (Reach), which 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, RGNL and Reach will be indirect subsidiaries of PCRD and will continue to be indirect subsidiaries of PCCW. 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, 2001 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 SCL-T/C-20081215-00023 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 1.767 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: 2008-12-24 13:13:13
Document Modified: 2008-12-24 13:13:13
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