Attachment Level 3 Pro Forma Le

This document pretains to SCL-ASG-20091202-00037 for Assignment on a Submarine Cable Landing filing.

IBFS_SCLASG2009120200037_784689

1200 18TH STREET, N.W., STE. 1200 WASHINGTON, D.C. 20036-2516 U.S.A. TEL +1 202 730 1337 FAX +1 202 730 1301 WWW.WILTSHIREGRANNIS.COM ATTORNEYS AT LAW 2 December 2009 BY ELECTRONIC FILING Ms. Magalie Roman Salas Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 RE: Cable Landing License for the Yellow Undersea Cable System., FCC File No. SCL-LIC-19990913-00019 Pursuant to 47 C.F.R. § 1.767(g)(7), Level 3 Communications, LLC (“Level 3” FRN 0008085136) hereby notifies the FCC of a pro forma assignment of the above-referenced cable landing license for the Yellow undersea cable system.1 This license was previously held by Level 3 Landing Station, Inc. (“Level 3 Landing”). Level 3 is a wholly-owned, indirect subsidiary of Level 3 Communications, Inc. (“Level 3 Parent”). Level 3 Landing was until November 30, 2009, also a wholly-owned, indirect subsidiary of Level 3 Parent. To simplify its ownership structure and associated regulatory obligations, Level 3 Parent caused Level 3 Landing to merge into Level 3, with Level 3 surviving, in a transaction consummated on November 30, 2009 (the “Pro Forma Transaction”). The cable landing license for the Yellow undersea cable system remains under the indirect ownership and control of Level 3 Parent. Level 3’s contact information is as follows: LEVEL 3 COMMUNICATIONS, LLC 1025 El Dorado Blvd. Broomfield, Colorado 80021 +1 720 888 2416 tel 1 See Level 3 International, Inc., Cable Landing License, 15 FCC Rcd. 842 (2000). The Commission later granted consent for the pro forma assignment of the cable landing license to Level 3 Landing. See FCC File No. SCL-ASG-20000310-00008. The Commission also later modified the cable landing license to permit post-transaction notifications for pro forma transactions. See Actions Taken Under the Cable Landing License Act, Public Notice, 17 FCC Rcd. 12,916 (2002); FCC File No. SCL-MOD-20020415-00025.

Ms. Magalie Roman Salas FCC File No. SCL-LIC-19990913-00019 2 December 2009 Page 2 Level 3 is a Delaware limited-liability company engaged in the business of telecommunications. Level 3 is a wholly-owned, direct subsidiary of Level Financing, Inc. (“Level 3 Financing”), a Delaware corporation engaged in the business of providing managed information technology infrastructure services across a variety of platforms. Level 3 Financing is a wholly-owned, direct subsidiary of Level 3 Parent, a Delaware corporation engaged in the business providing global communications and information services through its operating subsidiaries. Level 3 Financing and Level 3 Parent have the same contact information as Level 3. Level 3 Parent’s shares trade publicly on NASDAQ under the symbol LVLT. Level 3 parent has a single 10-percent-or- greater shareholder: SOUTHEASTERN ASSET MANAGEMENT, INC. 6410 Poplar Avenue, Suite 900 Memphis, Tennessee 38119 SAM is a Tennessee corporation engaged in the business of providing investment advisory services. SAM owns 26.18 percent of Level 3 Parent’s shares outstanding. By the attached certification, Level 3 certifies that the assignment effected by the corporate reorganization was pro forma, as defined in 47 C.F.R. § 63.24, and that taken together with all the previous pro forma transactions, does not result in a substantive assignment or transfer of control. Pursuant to Section 1.767(j), 47 C.F.R. § 1.767(j), a copy of this notification has been served on the Executive Branch agencies, as noted in the attached certificate of service. Please contact me by telephone at +1 202 730 1337 or by e-mail at kbressie@wiltshiregrannis.com should you have any questions regarding this notification. Respectfully submitted, Kent D. Bressie Counsel for Level 3 Communications, LLC Attachments

CERTIFICATION 1 William P. Hunt, [Hl, Vice President, Public Policy, ofLevel 3 Communicatic hereby certifyto the following (1) All of the information contained in the attached notification letter is true and accurate to the best of my knowledge; @) The assignment effected by the Pro Forma Transaction, as defined in the notification letter, was proforma, as defined in 47 C.FR. § 63.24, and that taken together with all the previous proformatransactions, does not result in a change in the ultimate contralofthe cable landing license for the Yellow undersea cable system; and (3) No party to this notification is subject to a denial offederal benefits, including FCC benefits, pursuant to Section 5301 ofthe Anti—Drug Abuse Act of1988 2 December 2009 William P. Hunt, [ l

CERTIFICATE OF SERVICE I, Kent D. Bressie, hereby certify that consistent with Section 1.767(j) of the Commission’s rules, 47 C.F.R. § 1.767(j), I have served by overnight delivery on December 2, 2009, a copy of the foregoing notification of pro forma assignment of a cable landing licensee on the following: Ambassador Philip Verveer U.S. Coordinator Int'l Communications & Information Policy Bureau of Economic and Business Affairs U.S. DEPARTMENT OF STATE EB/CIP: Room 4826 2201 C Street, N.W. Washington, D.C. 20520-5818 Kathy Smith Chief Counsel U.S. DEPARTMENT OF COMMERCE/NTIA 14th Street and Constitution Avenue, N.W. Room 4713 Washington, D.C. 20230 Hillary Morgan Associate General Counsel, Regulatory & International Law Code RGC DEFENSE INFORMATION SYSTEMS AGENCY 701 South Courthouse Road Arlington, Virginia 22204 Kent D. Bressie


Document Created: 2009-12-02 17:48:19
Document Modified: 2009-12-02 17:48:19
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