Public Notice TEL01447S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2010-08-06

FCC.report > IB > Public Notices > TEL01447S

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IBFS_PN_833705

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-01447S Friday August 6, 2010 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); SECTION 310(B)(4) REQUESTS Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and 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 are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. 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. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs 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. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 3

ITC-214-20100709-00277 E Dinamica Telecom, Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20100715-00304 E PLATINUMTEL COMMUNICATIONS LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20100716-00289 E Mas Telecomm Inc. 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-214-20100722-00306 E UTWT, Inc. 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-214-20100729-00309 E Expereo USA, Inc. 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-214-20100803-00316 E NuLeef Communcations 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-T/C-20100701-00267 E Bresnan Digital Services, LLC Transfer of Control Current Licensee: Bresnan Digital Services, LLC FROM: William J Bresnan TO: WILLIAM J. BRESNAN REVOCABLE TRUST Application for consent to the involuntary transfer of control of international section 214 authorization, ITC-214-20061117-00525, held by Bresnan Digital Services, LLC (BDS), a wholly-owned subsidiary of Bresnan Broadband Holdings, LLC (Brennan Holdings). Pursuant to a management agreement between Bresnan Communications Inc. (BCI) and Bresnan Holdings, William J. Bresnan, the sole owner and director of BCI, exercised control over Bresnan Holdings and all of its subsidiaries, including BDS. Upon his death on November 29. 2009, direct control over BCI, and consequently BDS, transferred from Mr. Bresnan to the William J. Bresnan Revocable Trust (Trust). The co-trustees of the Trust are Jeffery S. Desond and J.P. Morgan Chase Bank, N.A. The beneficiaries of the Trust are: Robert Bresnan, Michael Bresnan. Daniel Bresnan, Colleen Shelden, Mary Cashman, and Maureen Bresnan. BDS is a wholly-owned indirect subsidiary of Bresnan Holdings. The following entities hold a ten percent or great ownership interest in Bresnan Holdings: Providence Equity Partners IV, LP (42.37%); Comcast of Montana I, LLC (12.75%); and, Quadrangle Access Capital Partners, LP (10.5%). The transfer of control of BCI from Mr. Bresnan to the Trust did not affect the ownership of Bresnan Holdings. Page 2 of 3

ITC-T/C-20100719-00295 E TRICOM USA, INC. Transfer of Control Current Licensee: TRICOM USA, INC. FROM: TRICOM USA, INC. TO: AMZAK Capital Management, LLC Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19980430-00286 (Old File No. ITC-98-342) and ITC-214-19970421-00220 (Old File No. ITC-97-221), ITC-214-19990325-00153, ITC-214-19930101-00257 (Old File No. ITC-93-246), ITC-214-19960925-00468 (Old File No. ITC-96-532), and ITC-MOD-19970618-00335 (Old File No. ITC-96-532-M), held by Tricom USA, Inc. (Tricom USA) to AMZAK Capital Management, LLC (AMZAK). The Commission previously granted consent for the transfer of control of Tricom USA to Hispanola Telecom Holdings, Ltd. (Hispanola) pursuant to a plan of reorganization under Chapter 11 of the U.S. Bankruptcy Code by the United States Bankruptcy Court for the Southern District of New York. See ITC-ASG-20091223-00543, DA 10-232, 25 FCC Rcd 1279, 1281 (IB 2010). However, the final ownership at the completion of the reorganization differed substantially from the ownership approved in the prior application. Due to its acquisition of additional claims against Tricom, S.A., the direct parent of Tricom USA, at the completion of the bankruptcy reorganization AMZAK held a 57.2% ownership interest in Hispanola, which has a 97% ownership interest in Tricom, S.A., and thus AMZAK acquired control of Tricom USA. Tricom USA is wholly-owned by Tricom, S.A., a Dominican Republic entity. Hispanola, a Commonwealth of the Bahamas entity, has a 97% ownership interest in Tricom, S.A. At the completion of the bankruptcy reorganization the following entities had a 10 percent or greater interest in Hispanola: AMZAK (57.2%); Ellis Portafolio, S.A., a British Virgin Islands entity (12.5%); and MAP Private Trust Company, a Cayman Islands entity, for the benefit of Manuel Arturo Pellerano Pena and certain family members, all citizens of the Dominican Republic (19.0% indirect through various companies including Ellis Portafolio, S.A.). The Kazma family - Gerald Kazma, Michael Kazma, and Leigh Kazma, all Canadian citizens - hold 100 percent of the ownership interests in AMZAK. No other individuals or entities are held a ten percent or greater equity or voting ownership interest in Hispanola Telecom Holdings, and consequently in New Tricom USA, at the completion of the bankruptcy reorganization. ITC-T/C-20100729-00310 E Easynet Group Inc. Transfer of Control Current Licensee: Easynet Group Inc. FROM: Easynet Group Limited TO: EGHL (UK) Limited Application for consent to the transfer of control of international section 214 authorization, ITC-214-19971216-00791 (Old File No. ITC-98-038), held by Easynet Group Inc. (Easynet Inc.), from Easynet Group Limited (Easynet Group), to EGHL (UK) Limited (EGHL (UK)). EGHL (UK) will purchase the entire issued share capital of the Easynet Group of companies, including Easynet Inc., which is currently controlled by the British Sky Broadcasting Group. EGHL (UK), a U.K. private limited company, is a wholly owned subsidiary of EGHL Limited (EGHL), a U.K. holding company. The following entities hold 10 percent or greater ownership interest in EGHL: Lloyds TSB Development Capital Limited (LDC), a UK company that is indirectly wholly owned by Lloyds Banking Group Plc (Lloyds), a banking and financial services company incorporated in Scotland (58.38%); OBS 2010 LP (OBS 2010), a Scotland Co-investment fund managed by LDC (12.51%); David Rowe, a British citizen (12.75%). The Solicitors for the Affairs of Her Majesty's Treasury holds a direct ownership interest of 41.3% in Lloyds. Lloyds is otherwise widely held so that no single entity or individual holds a 10 percent or greater ownership interest in the company. No other entity or individual holds 10 percent or greater direct or indirect equity or voting interest in EGHL (UK). INFORMATIVE ITC-214-20100706-00272 Satel U.S.A., LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100706-00274 Satel U.S.A., LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100713-00276 Norcom USA, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100713-00278 ATN Telecom Inc This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100713-00279 BPP Telecom, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. REMINDERS: 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. A current version of Section 63.09-.24 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: 2010-08-05 16:22:23
Document Modified: 2010-08-05 16:22:23
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