Public Notice SCL00107S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2010-09-02

FCC.report > IB > Public Notices > SCL00107S

Filings Included

File NumberService
SCL-T/C-20100730-00019Submarine Cable Landing
SCL-T/C-20100719-00015Submarine Cable Landing
IBFS_PN_837994

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. SCL-00107S Thursday September 2, 2010 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 and subject to the streamlined processing procedures set forth in section 1.767 of the Commission's rules, 47 C.F.R. § 1.767. Pursuant to the Submarine Cable Landing License Act, 47 U.S.C. §§ 34-39, and Executive Order No. 10530, reprinted as amended in 3 U.S.C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/or (c) the assignment or transfer of control of an interest in a submarine cable landing license. Pursuant to its decision in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, FCC 01-332, 16 FCC Rcd 22167 (2001) and section 1.767 of the rules, the Commission will take action upon these applications within forty-five (45) days after release of this public notice, unless the Commission has informed the applicant in writing that the application, upon further examination, has been deemed ineligible for streamlined processing. 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. Filings relating to this application must be received within 14 days of this notice. Such filings will not necessarily result in an application being deemed ineligible for streamlined processing. 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

SCL-T/C-20100719-00015 E TRICOM USA, INC. Transfer of Control Current Licensee: Tricom USA, Inc. FROM: AMZAK Capital Management, LLC TO: Broadband Investments Limited Application for consent to the pro forma transfer of control of the interest in the Americas II cable, SCL-LIC-19980429-00019 (Old File Number SCL-98-003), the Maya-1 cable, SCL-LIC-19990325-00006, and the Pan American cable, SCL-LIC-19970421-00002 (Old File No. SCL-97-001), held by Tricom USA Inc., from AMZAK Capital Management, LLC (AMZAK) to Broadband Investments Limited (Broadband), a limited liability company organized in Barbados. Tricom USA, Inc. holds approximately, 0.05%, 0.06%, and 0.12% ownership interest in the Americas II, Maya-1, and Pan American cables, respectively. Tricom USA is wholly owned by Tricom, S.A., a Dominican Republic entity. Hispanola Telecom Holdings, Ltd. (Hispanola), a Commonwealth of the Bahamas entity, has a 97% ownership interest in Tricom, S.A. Prior to the transaction, AMZAK held a 57.2% interest in Hispanola. Ellis Portafolia, S.A. (Ellis) held a 12.5% interest in Hispanola and MAP Private Trust Company (MAP) held a 19.0% interest in Hispanola. On or about April 7, 2010, without prior Commission consent, AMZAK transferred its interest in Hispanola to Broadband, a wholly-owned subsidiary of AMZAK. On April 15, 2010, Ellis and MAP transferred their ownership interests in Hispanola to Broadband. On or about June 7, 2010, Broadband transferred a portion of its ownership interest in Hispanola to PTY Capital Partners Ltd. (PTY), a British Virgin Islands company. As a result, Broadband now holds a 55.9% interest in Hispanola, and consequently control of Tricom USA. PTY has a 20.5% interest in Hispanola. SCL-T/C-20100730-00019 E Centennial Puerto Rico License Corp. Transfer of Control Current Licensee: Centennial Puerto Rico License Corp. FROM: Centennial Cellular Operating Co. LLC TO: Centennial Communications Corp. Application for consent to the pro forma transfer of control of the interest in the Americas II cable, SCL-LIC-19980429-00019 (Old File Number SCL-98-003), held by Centennial Puerto Rico License Corp. (Centennial Puerto Rico), from its direct 100% parent, Centennial Cellular Operating Co. LLC (CCOC), to Centennial Communications Corporation (Centennial). Centennial Puerto Rico holds an approximately 2% ownership interest in the Americas II cable. In an internal corporate restructuring, on June 30, 2010, without prior Commission consent, CCOC merged with and into its immediate parent, Centennial, with Centennial being the surviving entity. Centennial Puerto Rico and Centennial continue to be, and CCOC was, ultimately controlled by AT&T Inc. Page 2 of 3

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 C.F.R. §§ 1.2001-1.2003. The Commission's rules applicable to submarine cable landing licenses (47 C.F.R. §§ 1.767, 1.768) are available at http://www.fcc.gov/ib/td/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edoc_public/attachmatch/DA-02-5981A1.pdf for a March 13, 2002 Public Notice; http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-332A1.pdf for the December 14, 2001 Report and Order. By this notice, we inform the public that submarine cable landing license applications and international section 214 applications that are part of larger transactions involving multiple Commission licenses or authorizations may involve "extraordinary circumstances" as referenced in Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, 16 FCC Rcd 22167 (2001) and Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997), paras. 327-28, Order on Reconsideration, 15 FCC Rcd 18158 (2000). Additionally, these extraordinary circumstances may result where Executive Branch agencies petition the Commission to defer decision on certain transactions pending the resolution of potential national security, law enforcement, foreign policy and trade policy issues. Accordingly, these applications may not be acted on within the 90-day review period that the Commission has established as the period of time normally required to reach a decision on non-streamlined cable landing licenses and international section 214 applications. This notice shall serve as public notice to applicants that, in these circumstances, additional time may be required for Commission review and final action. No additional formal public notice will be provided routinely with respect to specific applications in the event that the applicable review period extends beyond 90 days. Page 3 of 3


Document Created: 2010-09-01 17:06:43
Document Modified: 2010-09-01 17:06:43
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