Public Notice TEL01462NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2010-10-26

FCC.report > IB > Public Notices > TEL01462NS

Filings Included

File NumberService
ISP-PDR-20101021-00020International Telecommunications
ITC-214-20101021-00409International Telecommunications
ITC-214-20100825-00349International Telecommunications
ITC-214-20100818-00335International Telecommunications
IBFS_PN_846924

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-01462NS Tuesday October 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-20101021-00020 P Digicel USA, Inc. Petition for Declaratory Ruling Digicel USA, MW LLC, (Digicel or the "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% indirect foreign ownership of Digicel. Digicel filed its petition in conjunction with its application for consent to operate a point-to-point common carrier microwave link. According to Digicel, the proposed microwave link will involve a duplex transmission between a planned terminal on Wintberg Peak in the United States Virgin Islands ("U.S.V.I.") and a cooperating terminal on Todmans Peak in the British Virgin Islands ("B.V.I."). Digicel further maintains that the proposed link will interconnect existing, operational Digicel CMRS facilities in the B.V.I. with telecommunications infrastructure in the U.S.V.I. and conterminous U.S. and would be complementary of Digicel's existing telecommunications network assets, and would be immediately put into meaningful service. See ULS File No.0004429417. Digicel is a Delaware entity and is wholly owned by Digicel USA, Inc., also a Delaware corporation, which is wholly owned by Digicel (Jamaica) Limited, an entity organized under the laws of Jamaica, a World Trade Organization (WTO) Member country. Digicel (Jamaica) Limited is wholly owned by Digicel Caribbean Limited (St. Lucia) IBC, which, in turn is wholly owned by Digicel International Finance Limited, both of which are organized under the laws of St. Lucia, a WTO Member country. Digicel International Finance Limited is wholly owned Digicel Holdings (Bermuda) Limited, which in turn is wholly-owned by Digicel Limited, which in turn is wholly owned by Digicel Group Limited, which is 99.9% owned by Digicel Investments Limited; all four entities are organized under the laws of Bermuda, a WTO Member country. Denis O'Brien, a citizen of Ireland, a WTO Member country, owns all outstanding shares of Digicel Group Limited. According to the Petitioner, the Digicel group maintains its center of operations in Jamaica, and all officers and directors of each of the foreign-organized holding companies in the hierarchical group structure are nationals of Ireland and the United Kingdom, a WTO Member country. Thus, according to the Petitioner, 99.9% of Digicel's ownership and all of its management are citizens of WTO Member countries. The Petitioner asserts that, pursuant to the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the public interest would be served by permitting the indirect foreign ownership of Digicel in excess of the 25 percent benchmark in section 310(b)(4) of the Act. ITC-214-20100818-00335 E 19IP.COM, 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-214-20100825-00349 E Global Rap, 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-214-20101021-00409 E Oopa Communication 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). 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: 2010-10-25 16:30:14
Document Modified: 2010-10-25 16:30:14
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