Public Notice TEL01444

International Telecommunications

Action Taken Public Notice

2010-07-29

FCC.report > IB > Public Notices > TEL01444

17 Filings Included [expand]

IBFS_PN_831831

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 DA No. 10-1417 Report No. TEL-01444 Thursday July 29, 2010 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests The following applications have been granted pursuant to the Commission’s streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules in regard to the grant of any of these applications may be filed within thirty days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. Page 1 of 10

ISP-PDR-20100628-00013 E Stratos Offshore Services Company Petition for Declaratory Ruling Grant of Authority Date of Action: 07/28/2010 Stratos Offshore Services Company (Stratos Offshore or "Petitioner"), which holds common carrier earth station and terrestrial wireless licenses, requests a foreign ownership ruling, pursuant to section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), in connection with a planned pro forma reorganization of its direct and indirect parent companies. Specifically, Petitioner requests that the Commission confirm that its prior approval of the indirect foreign ownership of Stratos Offshore by Inmarsat plc (its ultimate parent company) applies to the ownership structure of Stratos Offshore after consummation of the pro forma reorganization or, to the extent necessary, approve its post-consummation foreign ownership pursuant to section 310(b)(4). 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) ("2009 Declaratory Ruling"), application for review pending. Stratos Offshore, a Delaware corporation, is a wholly-owned subsidiary of Stratos Holdings, Inc. (Stratos Holdings), also a Delaware corporation. Stratos Holdings is ultimately wholly owned by 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. The pro forma corporate ownership reorganization will consist of the insertion of seven additional wholly-owned subsidiaries of Inmarsat into the ownership chain between Inmarsat plc and the Petitioner. Five of the subsidiaries will be entities organized under the laws of the United Kingdom and two will be entities organized under the laws of the State of Delaware. Upon completion of the reorganization, common shares of Stratos Holdings will be held by Inmarsat Group Holdings Inc. (80%) and its wholly-owned subsidiary, Inmarsat US Services LLC (20%), both of which are organized in Delaware. Stratos Holdings will also issue preferred shares to Inmarsat US Investments Limited, which is a wholly-owned U.K. subsidiary of Inmarsat US Services LLC. Inmarsat Group Holdings Inc. will be directly and indirectly wholly owned by CIP UK Holdings Limited and Inmarsat Finance III Limited (Finance III), respectively, each of which is organized in the United Kingdom and resides currently in the ownership chain between Stratos Holdings and Inmarsat plc. Inmarsat plc will "drop down" its current 100% direct ownership interest in Finance III so that Inmarsat plc will hold its interest in Finance III indirectly through Inmarsat Holdings Ltd, Inmarsat Group Ltd, Inmarsat Investments Ltd and Inmarsat Ventures Ltd, all of which are organized in the United Kingdom. Pursuant to section 310(b)(4) and the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rc 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18518 (2000), we find that the public interest would be served by granting the Petitioner's request. Accordingly, we revise the declaratory ruling for Stratos Offshore to permit the indirect foreign ownership of Stratos Offshore by Inmarsat Holdings Ltd, Inmarsat Group Ltd, Inmarsat Investments Ltd, and Inmarsat Ventures Ltd in Stratos Offshore (individually, up to and including 100% of the equity and voting interests) and by Inmarsat US Investments Limited (up to and including 100% of the preferred shares of Stratos Holdings) in addition to the entities named in the original declaratory ruling. See 2009 Declaratory Ruling, 24 FCC Rcd at 480, para. 70. We condition our grant of the petition for declaratory ruling on Stratos Offshore continuing to comply with the Network Security Agreement between Inmarsat plc, Stratos Global Corp. (Stratos Global), the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), dated September 23, 2008, and continued compliance of Stratos Global 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. A copy of the Network Security Agreements and Amendment No. 1 are publicly available at 24 FCC Rcd 449, 489 (Appendix B). Page 2 of 10

ISP-PDR-20100628-00014 E Stratos Communications, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 07/28/2010 Stratos Communications, Inc. (Stratos Communications or "Petitioner"), which holds common carrier earth station licenses, requests a foreign ownership ruling, pursuant to section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), in connection with a planned pro forma reorganization of its direct and indirect parent companies. Specifically, Petitioner requests that the Commission confirm that its prior approval of the indirect foreign ownership of Stratos Communications by Inmarsat plc (its ultimate parent company) applies to the ownership structure of Stratos Communications after consummation of the pro forma reorganization or, to the extent necessary, approve its post-consummation foreign ownership pursuant to section 310(b)(4). Petitioner notes that the Commission previously granted a declaratory ruling approving the 100% indirect foreign ownership of Stratos Communications 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) ("2009 Declaratory Ruling"), application for review pending. Stratos Communications, a Delaware corporation, is a wholly-owned subsidiary of Stratos Holdings, Inc. (Stratos Holdings), also a Delaware corporation. Stratos Holdings is ultimately wholly owned by 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. The pro forma corporate ownership reorganization will consist of the insertion of seven additional wholly-owned subsidiaries of Inmarsat into the ownership chain between Inmarsat plc and the Petitioner. Five of the subsidiaries will be entities organized under the laws of the United Kingdom and two will be entities organized under the laws of the State of Delaware. Upon completion of the reorganization, common shares of Stratos Holdings will be held by Inmarsat Group Holdings Inc. (80%) and its wholly-owned subsidiary, Inmarsat US Services LLC (20%), both of which are organized in Delaware. Stratos Holdings will also issue preferred shares to Inmarsat US Investments Limited, which is a wholly-owned U.K. subsidiary of Inmarsat US Services LLC. Inmarsat Group Holdings Inc. will be directly and indirectly wholly owned by CIP UK Holdings Limited and Inmarsat Finance III Limited (Finance III), respectively, each of which is organized in the United Kingdom and resides currently in the ownership chain between Stratos Holdings and Inmarsat plc. Inmarsat plc will "drop down" its current 100% direct ownership interest in Finance III so that Inmarsat plc will hold its interest in Finance III indirectly through Inmarsat Holdings Ltd, Inmarsat Group Ltd, Inmarsat Investments Ltd and Inmarsat Ventures Ltd, all of which are organized in the United Kingdom. Pursuant to section 310(b)(4) and the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rc 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18518 (2000), we find that the public interest would be served by granting the Petitioner's request. Accordingly, we revise the declaratory ruling for Stratos Communications to permit the indirect foreign ownership of Stratos Communications by Inmarsat Holdings Ltd, Inmarsat Group Ltd, Inmarsat Investments Ltd, and Inmarsat Ventures Ltd in Stratos Communications (individually, up to and including 100% of the equity and voting interests) and by Inmarsat US Investments Limited (up to and including 100% of the preferred shares of Stratos Holdings) in addition to the entities named in the original declaratory ruling. See 2009 Declaratory Ruling, 24 FCC Rcd at 480, para. 70. We condition our grant of the petition for declaratory ruling on Stratos Communications continuing to comply with the Network Security Agreement between Inmarsat plc, Stratos Global Corp. (Stratos Global), the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), dated September 23, 2008, and continued compliance of Stratos Global 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. A copy of the Network Security Agreements and Amendment No. 1 are publicly available at 24 FCC Rcd 449, 489 (Appendix B). ITC-214-20091218-00544 E Nowtel USA, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/23/2010 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20100115-00020 E Perseus Telecom Limited International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/22/2010 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-214-20100624-00265 E Barry Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/23/2010 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). Page 3 of 10

ITC-214-20100625-00266 E Voip Xchange Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/23/2010 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20100707-00271 E Global Call Line Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/23/2010 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-ASG-20100611-00229 E ISAT US Inc. Assignment Grant of Authority Date of Action: 07/28/2010 Current Licensee: Inmarsat Hawaii Inc. FROM: Inmarsat Hawaii Inc. TO: ISAT US Inc. Notification filed June 11, 2010 of the pro forma assignment of international section 214 authorization, ITC-214-20090501-00194, held by Inmarsat Hawaii Inc. (Inmarsat Hawaii), to ISAT US Inc. (ISAT US), effective June 2, 2010. Both Inmarsat Hawaii and ISAT US are 100% direct subsidiaries of Inmarsat U.S. Holdings Inc. ITC-ASG-20100714-00281 E Verizon North Retain Co. Assignment Grant of Authority Date of Action: 07/28/2010 Current Licensee: Verizon North Inc. FROM: Verizon North Inc. TO: Verizon North Retain Co. Notification filed July 14, 2010 of the pro forma partial assignment of assets held by Verizon North Inc. (Verizon North) to Verizon North Retain Co. (Retain Co), effective July 1, 2010. Specifically, Verizon North assigned its assets, liabilities, and customer relationships relating to its local exchange, intrastate toll, and exchange access operations in Pennsylvania to Retain Co. Retain Co. will provide services to its newly acquired customers pursuant to its own international section 214 authorization, ITC-214-20100728-00308. Verizon North will continue to provide services to its remaining customers pursuant to its existing international section 214 authorization, ITC-214-20080219-00082. At the time, Verizon North and Retain Co were both wholly-owned subsidiaries of Verizon Communications Inc. (Verizon North was subsequently transferred to Frontier Communications Corporation. See Applications Filed by Frontier Communications Corporation and Verizon Communications Inc. for Assignment or Transfer of Control, WC Docket No. 09-95, Memorandum Opinion and Order, 25 FCC Rcd 5972 (2010).) ITC-ASG-20100723-00307 P Mon-Cre Telephone Cooperative, Inc. Assignment Grant of Authority Date of Action: 07/28/2010 Current Licensee: Mon-Cre Wireless, Inc. FROM: Mon-Cre Telephone Cooperative, Inc. TO: Mon-Cre Telephone Cooperative, Inc. Notification filed July 23, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-19980330-00208 (Old File No. ITC-98-249), held by Mon-Cre Wireless, Inc. (Mon-Cre Wireless), to its 100 percent parent Mon-Cre Telephone Cooperative, Inc. (Mon-Cre Coop), effective June 30, 2010. In a corporate reorganization, Mon-Cre Wireless was merged with and into Mon-Cre Coop, with Mon-Cre Coop emerging as the surviving entity. Page 4 of 10

ITC-T/C-20100610-00231 E DIECA Communications, Inc. Transfer of Control Grant of Authority Date of Action: 07/23/2010 Current Licensee: DIECA Communications, Inc. FROM: Platinum Equity, LLC TO: Platinum Equity, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20021126-00558, held by DIECA Communications, Inc. (DIECA). DIECA is an indirect wholly-owned subsidiary of CCGI Holding Corporation (CCGI). Platinum Equity, LLC (Platinum) currently has sole control of the Board of Directors of CCGI. Pursuant to the terms of an Agreement and Plan of Merger dated March 26, 2010, whereby Megapath Inc. will merge into CCGI, Platinum will relinquish sole control of the Board of Directors of CCGI. Upon closing, Platinum will control three (3) of the seven (7) seats on the Board. The current shareholders of MegaPath, will control two (2) of the seats. The parties contemplate that the allocation of the two (2) remaining seats will be made in a manner such that the seats are not controlled by Platinum or MegaPath shareholders. Upon consummation, DIECA will continue to be a wholly-owned subsidiary of CCGI. The following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or DIECA. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100610-00232 E Covad Communications Company Transfer of Control Grant of Authority Date of Action: 07/23/2010 Current Licensee: Covad Communications Company FROM: Platinum Equity, LLC TO: Platinum Equity, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20021118-00544, held by Covad Communications Company (CCC). CCC is an indirect wholly-owned subsidiary of CCGI Holding Corporation (CCGI). Platinum Equity, LLC (Platinum) currently has sole control of the Board of Directors of CCGI. Pursuant to the terms of an Agreement and Plan of Merger dated March 26, 2010, whereby Megapath Inc. will merge into CCGI, Platinum will relinquish sole control of the Board of Directors of CCGI. Upon closing, Platinum will control three (3) of the seven (7) seats on the Board. The current shareholders of MegaPath, will control two (2) of the seats. The parties contemplate that the allocation of the two (2) remaining seats will be made in a manner such that the seats are not controlled by Platinum or MegaPath shareholders. Upon consummation, CCC will continue to be a wholly-owned subsidiary of CCGI. The following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or CCC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 10

ITC-T/C-20100610-00233 E DSLnet Communications, LLC Transfer of Control Grant of Authority Date of Action: 07/23/2010 Current Licensee: DSLnet Communications, LLC FROM: Megapath Inc. TO: CCGI Holding Corporation Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19990716-00434 and ITC-214-20001204-00708, held by DSLnet Communications, LLC (DSLnet), from its 100 percent parent MegaPath Inc. (MegaPath) to CCGI Holding Corporation (CCGI). Pursuant to the terms of an Agreement and Plan of Merger, dated March 26, 2010, TMAC Merger Corporation, a subsidiary of CCGI created specifically to effectuate this transaction, will merge with and into MegaPath, with MegaPath being the surviving entity and a wholly-owned direct subsidiary of CCGI. DSLnet will thus become a wholly-owned indirect subsidiary of CCGI. Upon consummation, the following entities and individual, all U.S. citizens, will hold 10 percent or greater direct and indirect equity and voting interest in CCGI: Platinum Equity Capital Partners II, L.P. (PECP) will have a 40.4% direct interest in CCGI. Platinum Equity Partners II, LLC (PEP) is the sole general partner of PECP. Platinum Blackberry Principals, LLC (PBP) will have a 13.3% direct interest in CCGI. Platinum Equity Investment Holdings II, LLC (PEIH) is the senior managing member and controlling entity of PBP. PEP will have indirect ultimate control of 53.3% of the voting interests in CCGI through PECP, Platinum Equity Capital Partners-A II, L.P. (PECP-A) and Platinum Equity Capital Partners-PF II, L.P. (PECP-PF). PEIH will have indirect ultimate control of 66.6% of the voting interests in CCGI through PBP and PEP. As sole member of PEIH, Platinum Equity, LLC (Platinum) will have indirect ultimate control 66.6% of the voting interests of CCGI. Tom Gores, a U.S. citizen, owns and controls 100% of the membership units in Platinum. No other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in CCGI or DSLnet. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100709-00283 E Yukon-Waltz Communications, Inc. Transfer of Control Grant of Authority Date of Action: 07/28/2010 Current Licensee: Yukon-Waltz Communications, Inc. FROM: Yukon-Waltz Telephone Company TO: Laurel Highland Total Communications, Inc. Notification filed July 9, 2010 of the pro forma transfer of control of international section 214 authorization, ITC-214-20080307-00140, held by Yukon-Waltz Communications Inc. (YWCI), from its direct parent Yukon-Waltz Telephone Company (YWTC), to Laurel Highland Total Communications, Inc. (Laurel Highland), effective July 1, 2010. Laurel Highland is the ultimate parent company of YWTC and YWCI. To streamline the corporate structure, the stock of YWCI was transferred from YWTC to Laurel Highland. Upon closing, YWCI became a direct 100 percent subsidiary of Laurel Highland. ITC-T/C-20100716-00290 E Stratos Holdings, Inc. Transfer of Control Grant of Authority Date of Action: 07/28/2010 Current Licensee: Stratos Holdings, Inc. FROM: Inmarsat plc TO: Inmarsat plc Notification filed July 16, 2010, of the pro forma transfer of control of the international section 214 authorizations held by Stratos Holdings, Inc. (Stratos Holdings) - listed below - effective June 18, 2010. Stratos Holdings is a wholly-owned direct subsidiary of Stratos Wireless Inc. (Stratos Wireless), a Canadian corporation that in turn was a wholly-owned subsidiary of Stratos Global Corporation (Stratos Global), also a Canadian corporation, that was in turn a wholly-owned subsidiary of CIP Canada Investment Inc. (CIP Canada). All those entities are or were indirect wholly-owned subsidiaries of Inmarsat plc. In a corporate reorganization, Stratos Wireless was first merged with and into Stratos Global, with Stratos Wireless being the surviving entity, and then CIP Canada was merged with and into Stratos Wireless with Stratos Wireless being the surviving entity. Upon closing, Stratos Wireless and Stratos Holdings continue to remain under the ultimate ownership of Inmarsat plc. Stratos Holdings holds the following international section 214 authorizations: ITC-214-19921026-00124, ITC-214-19921026-00123, ITC-214-19911206-00008, ITC-214-19911206-00007, ITC-214-19910615-00009, ITC-214-20050826-00351, ITC-214-20010220-00657, ITC-214-19981214-00859, ITC-214-19980828-00591, ITC-214-19980326-00205, ITC-214-19970627-00356, ITC-214-19961003-00481, ITC-214-19960101-00012, ITC-214-19951001-00033, ITC-214-19951001-00032, ITC-214-19930201-00255, ITC-214-19910301-00010, ITC-214-19901030-00011, ITC-MOD-20040624-00241, ITC-214-19980121-00028, ITC-214-19970924-00580, ITC-214-19970804-00455, ITC-214-19950526-00034, ITC-214-19931001-00254, and ITC-214-19930511-00253. Page 6 of 10

CORRECTIONS ISP-PDR-20100107-00006 ISAT US Inc. The declaratory ruling issued to ISAT US Inc., ISP-PDR-20100107-00006, DA 10-1011, released June 3, 2010, is revised, as set forth below, to add Inmarsat Holdings Ltd. to the various foreign-organized holding companies in the Inmarsat plc ownership chain: ISAT US Inc. (ISAT US or "Petitioner") requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), that it would serve the public interest to allow up to 100 percent indirect foreign ownership of ISAT US. Petitioner seeks this ruling in connection with an application for authority to assign the license to operate mobile earth terminals on a common carrier basis held by Inmarsat Hawaii, Inc. to ISAT US. SES-ASG-20100107-00015. ISAT US and Inmarsat Hawaii are both ultimately wholly owned by Inmarsat plc, which is a widely-held, publicly traded company organized under the laws of England and Wales. Petitioner notes that the Commission previously granted a declaratory ruling, pursuant to section 310(b)(4), allowing Inmarsat plc to acquire 100 percent of Stratos Global Corporation and its wholly-owned subsidiaries that hold common carrier licenses. Petitioner further asserts that, while its application involves the assignment of a license to ISAT, which was not evaluated in that transaction, ISAT is also ultimately wholly owned by Inmarsat plc and therefore should be granted a similar foreign ownership ruling. 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, 24 FCC Rcd 449 (IB 2009) application for review pending. ISAT US, a Delaware corporation, is a wholly-owned subsidiary of Inmarsat U.S. Holdings, Inc., a Delaware corporation. Inmarsat U.S. Holdings, Inc. is wholly owned by Inmarsat Services Ltd. which is, in turn, wholly owned by Inmarsat Ventures Ltd. Inmarsat Ventures Ltd. is wholly owned by Inmarsat Investments Ltd. which is, in turn, wholly owned by Inmarsat Group Ltd. Inmarsat Group Ltd. is wholly owned, directly and indirectly, by Inmarsat Holdings Ltd. and Inmarsat plc, respectively. Petitioner states that, with the exception of ISAT US and Inmarsat U.S. Holdings, Inc., each of the Inmarsat entities named above is formed under the laws of England and Wales and has its principal place of business in the United Kingdom, which is a World Trade Organization ("WTO") Member country. The following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in ISAT US: 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. 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 18158 (2000), we find that the indirect foreign ownership of ISAT in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling permits the indirect foreign ownership of ISAT by Inmarsat Ventures Ltd., Inmarsat Investments Ltd., Inmarsat Group Ltd., Inmarsat Holdings Ltd., and Inmarsat plc (individually, up to and including 100 percent of the equity and voting interests) and Inmarsat's shareholders (collectively, up to and including 100 percent of the equity and voting interests). Inmarsat Hawaii may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions. First, ISAT shall obtain prior Commission approval before its indirect equity and/or voting interests from non-WTO Member countries exceeds 25 percent. Second, ISAT shall obtain prior approval before any foreign individual or entity, with the exception of those named above, acquires an indirect equity and/or voting interest in excess of 25 percent. This ruling is further conditioned on compliance with the provisions of the Agreement between Inmarsat on the one hand and the U.S. Department of Justice and the U.S. Department of Homeland Security on the other, dated September 23, 2008. A copy of the agreement is publicly available at 24 FCC Rcd 449, Appendix B. ISP-PDR-20100323-00005 Inmarsat Hawaii Inc. Page 7 of 10

CORRECTIONS The declaratory ruling issued to Inmarsat Hawaii Inc., ISP-PDR-20100323-00005, DA 10-1011, released June 3, 2010, is revised, as set forth below, to add Inmarsat Holdings Ltd. to the various foreign-organized holding companies in the Inmarsat plc ownership chain: Inmarsat Hawaii Inc. (Inmarsat Hawaii or "Petitioner") requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), that it would serve the public interest to allow up to 100 percent indirect foreign ownership of Inmarsat Hawaii for purposes of its blanket license to operate mobile earth terminals on a common carrier basis. Inmarsat Hawaii initially filed its request for declaratory ruling in connection with an application to operate mobile earth terminals ("MET") on a common carrier basis. See SES-LIC-20090217-00184, granted effective Oct. 22, 2009. Inmarsat Hawaii has refiled its request for declaratory ruling in a pending application to modify the MET license to allow it to operate up to 100,000 of the portable handset mobile earth terminal type known as the Inmarsat IsatPhone Pro, in addition to the current authorization for 30,000 mobile earth terminals. See SES-MOD-20100323-00347. Inmarsat Hawaii, a Hawaii corporation, is a wholly-owned subsidiary of Inmarsat U.S. Holdings, Inc., a Delaware corporation. Inmarsat U.S. Holdings, Inc. is wholly owned by Inmarsat Services Ltd. which is, in turn, wholly owned by Inmarsat Ventures Ltd. Inmarsat Ventures Ltd. is wholly owned by Inmarsat Investments Ltd. which is, in turn, wholly owned by Inmarsat Group Ltd. Inmarsat Group Ltd. is wholly owned, directly and indirectly, by Inmarsat Holdings Ltd. and Inmarsat plc, respectively. Petitioner states that, with the exception of Inmarsat Hawaii and Inmarsat U.S. Holdings, Inc., each of the Inmarsat entities named above is formed under the laws of England and Wales and has its principal place of business in the United Kingdom, which is a World Trade Organization ("WTO") Member country. The following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in Inmarsat Hawaii: 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. 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 18158 (2000), we find that the indirect foreign ownership of Inmarsat Hawaii in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling permits the indirect foreign ownership of Inmarsat Hawaii by Inmarsat Ventures Ltd., Inmarsat Investments Ltd., Inmarsat Group Ltd., Inmarsat Holdings Ltd., and Inmarsat plc (individually, up to and including 100 percent of the equity and voting interests) and Inmarsat’s shareholders (collectively, up to and including 100 percent of the equity and voting interests). Inmarsat Hawaii may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions. First, Inmarsat Hawaii shall obtain prior Commission approval before its indirect equity and/or voting interests from non-WTO Member countries exceeds 25 percent. Second, Inmarsat Hawaii shall obtain prior approval before any foreign individual or entity, with the exception of those named above, acquires an indirect equity and/or voting interest in excess of 25 percent. This ruling is further conditioned on compliance with the provisions of the Agreement between Inmarsat on the one hand and the U.S. Department of Justice and the U.S. Department of Homeland Security on the other, dated September 23, 2008. A copy of the agreement is publicly available at 24 FCC Rcd 449, Appendix B. Page 8 of 10

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is attached to this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by Public Notice or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (1996), para. 18. A copy of the current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commission's rules, which requires notification by, and in certain circumstances prior notification by, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002. The Commission modified these requirements most recently in International Settlements Policy Reform: International Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). In addition, any carrier interconnecting private lines to the U.S. public switched network at its switch, including any switch in which the carrier obtains capacity either through lease or otherwise, shall file annually with the Chief, International Bureau, a certified statement containing, on a country-specific basis, the number and type (e.g., 64 kbps circuits) of private lines interconnected in such manner. The Commission will treat the country of origin information as confidential. Carriers need not file their contracts for interconnection unless the Commission specifically requests. Carriers shall file their annual report on February 1 (covering international private lines interconnected during the preceding January 1 to December 31 period) of each year. International private lines to countries which the Commission has exempted from the International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (5) Carriers authorized to provide private line service either on a facilities or resale basis are limited to the provision of such private line service only between the United States and those foreign points covered by their referenced applications for Section 214 authority. A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S. international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. § 64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (8) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (9) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly reports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of h S i Page 9 of 10

that Section. (10) Carriers shall file annual reports of circuit status and/or circuit additions in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). See 47 C.F.R. § 43.82. See also §§ 63.22(e), 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (11) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. Further, the grant of these applications shall not be construed to include authorization for the transmission of money in connection with the services the applicants have been given authority to provide. The transmission of money is not considered to be a common carrier service. (12) If any carrier is reselling service obtained pursuant to a contract with another carrier, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. 47 U.S.C. § 203. (13) To the extent the applicant is, or is affiliated with, an incumbent independent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the requirements of Section 64.1903. (14) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Exclusion List for International Section 214 Authorizations The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules, 47 C.F.R. § 63.18(e)(1). In addition, the facilities listed shall not be used by U.S. carriers authorized under Section 63.18 of the Commission's Rules unless the carrier's Section 214 authorization specifically lists the facility. Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html. See International Bureau Public Notice, DA 99-2844 (rel. Dec. 17, 1999). This list is subject to change by the Commission when the public interest requires. Before amending the list, the Commission will first issue a public notice giving affected parties the opportunity for comment and hearing on the proposed changes. The Commission may then release an order amending the exclusion list. This list also is subject to change upon issuance of an Executive Order. See Streamlining the Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, FCC 96-79, 11 FCC Rcd 12,884, released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A current version of this list is maintained at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 10 of 10


Document Created: 2010-07-29 10:32:58
Document Modified: 2010-07-29 10:32:58
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