Attachment BJDOCS01-#62345-v2-o

This document pretains to SCL-ASG-20090204-00001 for Assignment on a Submarine Cable Landing filing.

IBFS_SCLASG2009020400001_694673

                                         Before the
                              Federal Communications Commission
                                    Washington, DC 20554


In the Matter of                        )
                                        )
CHINA NETWORK COMMUNICATIONS GROUP )
CORPORATION                             )
                                        )                     File No. SCL-__________________
and                                     )
                                        )
CHINA UNITED NETWORK COMMUNICATIONS )
GROUP COMPANY LIMITED                   )
                                        )
Notification of Pro Forma Assignment of )
Cable Landing License                   )


To:     Chief, International Bureau


                             NOTIFICATION OF
              PRO FORMA ASSIGNMENT OF CABLE LANDING LICENSE


        Pursuant to an Act Relating to the Landing and Operation of Submarine Cables in the

United States, 47 U.S.C. §§ 34 – 39, and Section 1.767(g)(7) of the Commission’s Rules, 47

C.F.R. § 1.767(g)(7), China United Network Communications Group Company Limited

(formerly China United Telecommunications Corporation) (“China Unicom”) and China

Network Communications Group Corporation (“China Netcom” and, together with China

Unicom, the “Applicants”) hereby notify the Commission of the pro forma assignment of China

Netcom’s interest in a submarine cable landing license, SCL-LIC-20070222-00002, for the

Trans-Pacific Express (“TPE”) Cable Network to China Unicom as part of an internal

restructuring that occurred on January 6, 2009 (retroactively effective as of January 1, 2009).1


1
  See Public Notice, Report No. SCL-00052, 22 FCC Rcd 227 (PD/IB 2008) (granting SCL-LIC-20070222-00002 to
the TPE Cable Network Consortium (“TPE Consortium”)).


           Prior to the government-organized restructuring of the Chinese telecommunications

industry, China Unicom and China Netcom were both commonly owned and controlled by the

government of the People’s Republic of China (“PRC”); each entity held a 13.11 percent

ownership interest in the TPE Consortium.                As a part of the restructuring, China Unicom

absorbed China Netcom, resulting in the assignment of China Netcom’s interest in the TPE

Consortium to China Unicom, thereby increasing China Unicom’s ownership interest in the TPE

Consortium from 13.11 percent to 26.22 percent. The restructuring did not, however, change the

ultimate ownership or control of the license interests as the PRC government will continue to

maintain control over China Unicom. Accordingly, the restructuring steps are pro forma in

nature. Below is the information required pursuant to Section 1.767 of the Commission’s rules.2

Assignor Information in Response to Section 1.767(a)(1)-(3):

           Correspondence concerning this notification should be sent to:

           Minghua Zhang
           Project Manager3
           China Network Communications Group Corporation
           No. 21 Jinrong Street
           Xicheng District
           Beijing, China 100032
           Telephone Number: +86 10 6625 9372

           with a copy of all correspondence to:

           Timothy J. Cooney
           William R. Layton
           Wilkinson Barker Knauer, LLP
           2300 N Street, N.W., Suite 700
           Washington, DC 20037
           Telephone Number: (202) 783-4141



2
  47 C.F.R. §§ 1.767. Pursuant to guidance from International Bureau staff, this notification conforms to the
relevant provisions of the Commission’s Part 63 rules. See 47 C.F.R. § 63.24(f).
3
    Mr. Zhang served as Project Manager of China Netcom prior to its absorption by China Unicom.


                                                         2


       Place of Formation: Prior to the termination of its corporate existence in connection with
       the merger, China Netcom was organized under the laws of the PRC.


Assignee Information in Response to Section 1.767(a)(1)-(3):

       Correspondence concerning this notification should be sent to:

       Yan Bo
       General Manager, International Services Department
       China United Network Communications Group Company Limited
       No. 21 Jinrong Street
       Xicheng District
       Beijing, China 100032
       Telephone Number: +86 10 6625 9971

       with a copy of all correspondence to:

       Timothy J. Cooney
       William R. Layton
       Wilkinson Barker Knauer, LLP
       2300 N Street, N.W., Suite 700
       Washington, DC 20037
       Telephone Number: (202) 783-4141

       Place of Formation: China Unicom is organized under the laws of the PRC.

Assignee’s Ownership

       Section 63.18(h). China Unicom is the assignee.          China Unicom is a state-owned

enterprise subject to the supervision of the State-owned Assets Supervision and Administration

Commission (“SASAC”) of the State Council of the PRC. SASAC is a government entity

located at #26, XuanWuMenXi Street, XuanWu District, Beijing, China 100053. The PRC

government has a 96.5 percent ownership interest in China Unicom. No other person or entity

directly or indirectly holds a ten percent or greater ownership interest in China Unicom.




                                                3


       China Unicom, the assignee, has interlocking directorates with foreign carriers as

follows:


                                       Interlocking Directorates

             China Unicom                Position Held with Foreign Carrier, Name of
             Director and/or Officer     Foreign Carrier, and Home Country in which
                                         Foreign Carrier is Authorized to Operate
             Chang Xiaobing              Chairman ,Executive Director and Chief Executive
             Chairman, Director          Officer
                                         China Unicom (Hong Kong) Limited
                                         Hong Kong

                                         Chairman and Director
                                         China United    Telecommunications Corporation
                                         Limited
                                         China

                                         Chairman and Director
                                         China United Network Communications Corporation
                                         Limited
                                         China

             Tong Jilu                   Executive Director and Chief Financial Officer
             Director                    China Unicom (Hong Kong) Limited
                                         Hong Kong

                                         Director
                                         China United     Telecommunications     Corporation
                                         Limited
                                         China

                                         Director
                                         China United Network Communications Corporation
                                         Limited
                                         China

             Li Gang                     Director
             Director                    China United Network Communications Corporation
                                         Limited
                                         China

             Zhang Junan                 Director
             Director                    China United Network Communications Corporation
                                         Limited
                                         China

                                         Non-executive Director
                                         China Communications        Services    Corporation
                                         Limited
                                         China

             Li Xiong                    Chairman and General Manager
             Director                    CITC Guoan Communications Co., Ltd.

                                                 4


                                                 Interlocking Directorates

                   China Unicom                      Position Held with Foreign Carrier, Name of
                   Director and/or Officer           Foreign Carrier, and Home Country in which
                                                     Foreign Carrier is Authorized to Operate
                                                     China

                   Zhang Dongchen                    Chairman
                   Director                          Zhonghua Communications System Co., Ltd.
                                                     China


Pro Forma Certification

           The Applicants hereby certify that the assignment was pro forma and that, together with

all previous pro forma transactions, the assignment does not result in a change in the actual

controlling party of the relevant license interests.4

Additional Certifications

           The Applicants hereby certify that no party to this notification is subject to a denial of

federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988.5 China Unicom

further certifies that it accepts and will abide by the routine conditions specified at 47 C.F.R. §

1.767(g) of the Commission’s rules. 6 The undersigned certifies that all statements made in this

application and in the exhibits, attachments, or documents incorporated by reference are

material, are part of this application, and are true, complete, correct, and made in good faith.




4
    See 47 C.F.R. §§ 1.767(g)(7), 63.24(f)(2)(ii).
5
    21 U.S.C. § 853(a); 47 C.F.R. § 63.19(o).
6
    47 C.F.R. §§ 1.767(a)(9), (g)


                                                             5


                                         CONCLUSION

       For the reasons discussed herein, the Applicants respectfully request that the Commission

grant authority for the pro forma assignment described herein expeditiously, using procedures

appropriate in light of the non-substantial nature of this assignment.

                                            Respectfully submitted,

                                            CHINA NETWORK COMMUNICATIONS GROUP
                                            CORPORATION



                                            By: _/s/ Zuo Xunsheng____________
                                                Zuo Xunsheng
                                                Authorized Representative
                                                No. 21 Jinrong Street
                                                Xicheng District
                                                Beijing, China 100032


                                            CHINA UNITED NETWORK COMMUNICATIONS
                                            GROUP COMPANY LIMITED



                                            By: _/s/ Chang Xiaobing _________
                                                Chang Xiaobing
                                                Authorized Representative
                                                No. 21 Jinrong Street
                                                Xicheng District
                                                Beijing, China 100032


Timothy J. Cooney
William R. Layton
Wilkinson Barker Knauer, LLP
2300 N Street, NW, Suite 700
Washington, DC 20037
(202) 783-4141

Attorneys for the Applicants

February 4, 2009



                                                 6


                                                             Exhibit A


               Pre-Reorganization Ownership Structure




                      PRC Government

               100%                          Approx. 100%



China Network Communications               China United Network
      Group Corporation                 Communications Group Company
                                                   Limited




               Post-Reorganization Ownership Structure




                      PRC Government
                                     96.5%



      China United Network Communications Group Company Limited



Document Created: 2019-04-13 16:37:46
Document Modified: 2019-04-13 16:37:46

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