Public Notice TEL01414NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2010-02-26

FCC.report > IB > Public Notices > TEL01414NS

Filings Included

File NumberService
ITC-214-20100224-00089International Telecommunications
ITC-214-20100111-00008International Telecommunications
ISP-PDR-20090818-00006International Telecommunications
IBFS_PN_803517

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01414NS Friday February 26, 2010 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-20090818-00006 P Stratos Offshore Services Company Petition for Declaratory Ruling Startos Offshore Services Company (Stratos Offshore 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 Broadband Radio Service (BRS) licenses that it won in Auction No. 86, see DA 09-2378 (rel. Nov. 6, 2009). Specifically, Petitioner requests a declaratory ruling approving the same level of indirect foreign ownership in the BRS licenses as the Commission previously granted to Stratos Offshore for other common carrier wireless licenses. Petitioner notes that the Commission previously granted a declaratory ruling approving the 100% indirect foreign ownership of Stratos Offshore by Inmarsat plc and intermediate subsidiaries. See Robert M. Franklin, Transferor, Inmarsat plc, Transferee, Consolidated Application for Consent to Transfer of Control of Stratos Global Corporation and its Subsidiaries from an Irrevocable Trust to Inmarsat plc, IB Docket No. 08-143, Memorandum Opinion and Order and Declaratory Ruling, DA 09-117, 24 FCC Rcd 449 (IB 2009) application for review pending. Stratos Offshore, a Delaware corporation, is a wholly-owned subsidiary of Stratos Holdings, Inc., also a Delaware corporation. Stratos Offshore and Stratos Holdings are ultimately indirect, wholly-owned subsidiaries of Inmarsat plc through named intermediate subsidiaries which are organized under the laws of Canada and the United Kingdom, both of which are World Trade Organization ("WTO") Member countries. Inmarsat plc is a widely-held, publicly traded company organized under the laws of the United Kingdom. According to Petitioner, the following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in Stratos Offshore: Harbinger Capital Partners Master Fund I, Ltd. ("Master Fund") and Harbinger Capital Partners Special Situations Fund, L.P. ("Special Fund") (collectively, 28.13%); HGW Holding Company, L.P. ("HGW") (28.13%); Harbinger Capital Partners LLC (investment manager to the Master Fund and Special Fund) (28.13%); Harbinger Capital Partners Special Situations GP, LLC ("HCPSS") (general partner of Special Fund) (28.13%); Harbinger Holdings, LLC (managing member of Harbinger Capital Partners LLC and HCPSS) (28.13%); HGW GP, Ltd ("HGWGP") (general partner of HGW) (28.13%); Philip A. Falcone (a U.S. citizen and managing member of Harbinger Holdings, LLC, portfolio manager to the Master Fund and Special Fund, and controlling interest holder in HGWGP) (28.13%); and Lansdowne Partners Limited ("Lansdowne") (13.04%, aggregate voting power held through management of various Landsdowne investment funds). The Master Fund, HGW and HGWGP are organized under the laws of the Cayman Islands, a WTO Member country. The Special Fund is a Delaware limited partnership. Each of the other named Harbinger entities is a Delaware limited liability company. Lansdowne was formed under the laws of the United Kingdom. Petitioner asserts that, pursuant to the rules and polices established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18518 (2000), the indirect ownership of Statos Offshore in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Petitioner acknowledges that grant will be conditioned upon continued compliance with the Network Security Agreement between Inmarsat plc, Stratos Global Corp., the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), dated September 23, 2008, and continued compliance of Stratos Global Corp. with the Network Security Agreement between Stratos Global, DOJ, FBI and the Department of Homeland Security, dated August 7, 2001 and Amendment No. 1 to that agreement, dated August 14, 2007. Interested parties may file comments on or before March 8, 2010, and reply comments on or before March 15, 2010. ITC-214-20100111-00008 E Facecall LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20100224-00089 E Denali 20020, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). 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: 2010-02-25 16:22:33
Document Modified: 2010-02-25 16:22:33
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