Attachment Attachment

This document pretains to SCL-ASG-20060419-00006 for Assignment on a Submarine Cable Landing filing.

IBFS_SCLASG2006041900006_497253

P Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of BELLSOUTH INTERNATIONAL, LLC, Assignor and BELLSOUTH LONG DISTANCE, INC., Assignee Application for Approval of Pro Forma Assignment of Cable Landing Licenses Attn: International Bureau APPLICATION BellSouth Long Distance, Inc. ("BSLD") hereby seeks approvalfor a pro forma assignment of two cable landing licenses previously held by BellSouth International, Inc. to BSLD. Description of the Transaction BellSouth International, Inc. (now BellSouth International, LLC) ("BSI"), an indirect, wholly owned subsidiary of BellSouth Corporation ("BeliSouth"), was one of the original licensees and acquired capacity on the MAYA—1 and TAT—14 submarine cables, both licensed by the Commission in 1999. Effective January 1, 2001, BSI assigned all of its submarine cable assets to BSLD, another wholly—owned subsidiary of BellSouth, in conjunction with an internal reorganization of the lines of business for BSI and BSLD. BSLD only recently discovered that it had inadvertently failed to seek Commission approval for these pro forma assignments. In 2001, the Commission adopted streamlined cable

landing licensing rules that require only a post—transaction notification for pro forma assignments and transfers of cable landing licenses.‘ However, the FCC required then—existing licensees to specifically amend their licenses to take advantage of the new rules." Both of the cable landing licenses then held by BeliSouth International, Inc. were issued prior to the adoption of the new rules, and it does not appear that the licenses were ever amended to incorporate the new pro forma condition. Therefore, out of an abundance of caution, BSLD is seeking approval, rather than filing a notification, for the pro forma assignments of the cable landing licenses from BSI to BSLD. BSLD sincerely regrets the oversight, and has taken steps to ensure that it will seek the appropriate approvals for any future transfers or assignments by reviewing the FCC‘s requirements for cable landing licenses with the appropriate in—house personnel. BSI and BSLD have at all times been wholly—owned subsidiaries of BellSouth Corporation, and the assignment resulted in no material changes to the services provided under the cable landing licenses. Because the assignment was purely pro jormma in nature, grant of the relief requested will not adversely affect any party. Grant of the requested relief will also permit BSLD to continue to compete in the U.S. market for international services, and is therefore in the public interest. ‘ Review of Commission Consideration ofApplications under the Cable Landing License Act, Report and Order, 16 FCC Red 22167 (2001), 2 1d. at 4 63.

Information Required by Section 1.767 of the Commission‘s Rules, 47 C.E.R. § 1.767 The cable landing licenses that were assigned to BSLD and the percentage of voting and ownership interests assigned are shown below." SCL—LIC— }License to land and operate a |0.239072% S 0.239072% 15 STM—Is United States 19990303— submarine cable (TAT—14) at —United 00004 Manasquan, New Jersey and (1 STM—1= |Kingdom— Tuckerton, New Jersey in the 63 E—1s) France— The United States and extending to Netherlands — Denmark, Germany, the Germany — Netherlands, France and the Denmark United Kingdom, SCL—LIC— License to land and operate a (2.51916% S 2.51916% |78 MIUs Ring 19990325— digital submarine cable system 00006‘ to be called the MAYA—1 (1 MIU=1E— Cable System which will land 1) in Florida in the United States, and in the Cayman Islands, Colombia, Costa Rica, Honduras, Mexico and Panama. 3 In addition, BSLD holds an interest in the Pan American Cable. However, BSLD is not a licensee on the Pan American Cable because neither BSLD nor its predecessor—in—interest in the cable was part of the consortium which applied for and obtained the initial cable fanding license for the Pan American Cable. BSLD‘s predecessor— in—interest acquired its interest in the Pan American Cable after the FCC issued the license for the cable. * De minimis non—ownership interests (less than five percent) in landing stations are not included. 5 MAYA—1 is a common carrier cable, and BellSouth International, Inc. was thus also a member of the consortium that received international Section 214 authority to construct, acquire, and operate capacity in the cable. See AT&T Corp.; BellSouth International, Inc.; MCI Worldcom, Inc.; RSL Com U.S.A., Inc.; Sprint Communications Company L.P.; Star Telecommunications, Inc.; Teleglobe USA, Inc.; Tricom USA, Inc.; Worldxchange Communications; Joint Applicationfor Authorization Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Construct, Acquire, and Operate Capacity in a Digital Submarine Cable Network, the MAYA—1 Cable Network, Memorandum Opinion, Order and Authorization, 14 FCC Red 19449 (Int. Bur. Telecomm. Div. 1999). BSLD is concurrently filing a separate notification of the proforma assignment of the international section 214 authorization. See 47 C.F.R. § 63.24(d) (providing for post—transaction notifications of proforma assignments of international section 214 authorizations).

(1) Name, address, and telephone numbers for the assignor and assignee: BeliSouth International, LLC 1155 Peachtree Street NE Suite 1800 Atlanta, GA 30309—3610 Tel: (404) 249—4450 BellSouth Long Distance, Inc. 400 Perimeter Center Terrace, Suite 400 Atlanta, GA 30346—1907 Tel: (770) 352—3101 (2) BellSouth International, LLC is a limited liability corporation organized and existing under the laws of the state of Georgia. BellSouth Long Distance, Inc. is a corporation organized and existing under the laws of the state of Delaware. (3) Correspondence concerning this application should be addressed to the following: James Harralson Vice President & Associate General Counsel BelfSouth Corporation 1155 Peachtree Street NE Suite 1800 Atlanta, GA 30309—3610 Tel: (404) 249—2641 Fax: (404) 249—2385 james.harralson@bellsouth.com with a copy to: Scott D, Delacourt Wiley Rein & Fielding LLP 1776 K Street, N.W. Washington, D.C. 20006 Tel: (202) 719—7459 Fax: (202) 719—7049 sdelacourt@wrf.com

(8) BSLD is a wholly—owned subsidiary of BellSouth, which is a publicly traded corporation whose stock is widely held by the public. No single person or entity currently holdsa ten percent or greater equity interest in BellSouth.‘ BSLD holds a Class B license issued by the Canadian Radio—television and Telecommunications Commission for the provision of international telecommunications services in Canada on a resale basis. Therefore, BSLD is a "Foreign carrier" in Canada as that term is defined in Section 63.09 of the FCC‘s rules.‘ BSLD‘s sole director is Paulino R. Barros Jr. BSLD‘s executive offiers are: Mario L. Soto (President); Ronald C. Friday (Vice President); Kenneth B. Lewis (Vice President); Eric L. McKinley (Vice President—Taxes); William D. Schneider (Secretary); W. Patrick Shannon (Comptroller); and James L. Pittman (Treasurer). BSLD seeks to provide international telecommunications services to Canada, which is a member ofthe World Trade Organization. BSLD should be regulated as non—dominant on the U.S.—Canadian route because it lacks 50 percent market share in the international transport and the local access markets in Canada. (9) BSLD certifies that it accepts and abides by the routine conditions specified in Section 1.767(g), 47 C.F.R. § 1.767(g). 6 On March 31, 2006, AT&T Inc. ("AT&T") and BellSouth filed applications seeking FCC consent for the transfer of control of BellSouth to AT&T. The applications, in part, seek approval for transfer of the control of the cable landing licenses that are the subject of this application to AT&T. " See 47 C.F.R. § 63.09.

B4/19/2006 13154 15184635943 AT&T PAGE oz Required Anti—DrugAbuse Act Certification The parties hereby certify that no party to this Application, as define 1 in 47 C.F—R. $ 1.2002(b), is subject to denial of Federal benefits pursuant to Section 5301 ¢f the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 862. Concleston Accordingly, BellSouth International, LLC and BellSouth Long Disfance, Inc. respectfully request that the Commission grant approval for the proforma a signments described herein. Respectfully submitted 4 7 Yemes Hatralson Vice President & Associate General Counsel BellSouth Corporation 1155 Peachires Street NE Suite 1800 Atlanta, GA 30309—3610 Tel: (404) 249—2641

CERTIFICATE OF SERVICEK The undersigned does hereby certify that a complete copy of the foregoing application was delivered b[zf hand or by first—class United States Mail, postage pre—paid, to the following, on this ‘_{ day of April, 2006: U.S. Coordinator, EB/CIP U.S. Department of State 2201 C Street, NW. Washington, D.C. 20520—5818 Office of the Chief Counsel/NTIA U.S. Department of Commerce 14"" Street and Constitution Avenue, N.W. Washington, D.C. 20230 Defense Information Systems Agency Code RGC 701 S. Courthouse Arlington, VA 22204 al l — Laan Ufpjy ¥Yoo Chin Ky ng


Document Created: 2006-04-19 19:12:22
Document Modified: 2006-04-19 19:12:22
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