Attachment Paniolo Pro Forma As

This document pretains to SCL-ASG-20190308-00008 for Assignment on a Submarine Cable Landing filing.

IBFS_SCLASG2019030800008_1635097

March 8, 2019


BY ELECTRONIC FILING

Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

       Re:      Pro Forma Assignment of Cable Landing License for the Paniolo Cable System,
                File No. SCL-LIC-20070223-00003, from Paniolo Cable Company, LLC, to
                Paniolo Cable Company, LLC, as Debtor Under the Control of Michael
                Katzenstein as Chapter 11 Trustee of the Bankruptcy Estate of Paniolo Cable
                Company, LLC

Dear Ms. Dortch:

        Pursuant to 47 U.S.C. § 34, Executive Order No. 10,530, and 47 C.F.R. § 1.767(g)(7),
Michael Katzenstein, as Chapter 11 Trustee of the Bankruptcy Estate of Paniolo Cable
Company, LLC (the “Chapter 11 Trustee”) (FRN 0028274850), hereby notifies the Commission
of the pro forma assignment of the cable landing license held by Paniolo Cable Company, LLC
(FRN 0016137721), for the Paniolo Cable System to Paniolo Cable Company, LLC, as debtor
under the control of the Chapter 11 Trustee (the “Debtor”). The United States Bankruptcy Court
for the District of Hawaii appointed the Chapter 11 Trustee effective February 11, 2019. The
Chapter 11 Trustee has extensive experience in restructuring in the telecommunications sector
and will oversee the Debtor’s operations and the Paniolo Cable System during the pendency of
that company’s bankruptcy proceeding. The Chapter 11 Trustee’s contact information is as
follows:

                       Mr. Michael Katzenstein
                       Chapter 11 Trustee of the Bankruptcy Estate
                          of Paniolo Cable Company, LLC
                       c/o FTI Consulting, Inc.
                       Three Times Square, 9th Floor
                       New York, New York 10036
                       +1 212 247 1010
                       mike.katzenstein@fticonsulting.com

Correspondence concerning this filing should be sent to Mr. Kazenstein at the address listed
above, with a copy to:


Ms. Marlene H. Dortch
Federal Communications Commission
March 8, 2019
Page 2 of 2


                       Kent Bressie
                       Harris, Wiltshire & Grannis LLP
                       1919 M Street, N.W., Suite 800
                       Washington, D.C. 20036
                       +1 202 730 1337
                       kbressie@hwglaw.com

        On November 13, 2018, HSBC Securities (USA) Inc., Sunrise Partners Limited
Partnership, and Deutsche Bank Trust Company Americas (collectively, the “Petitioning
Creditors”), jointly filed an involuntary Chapter 11 petition against Paniolo Cable Company,
LLC. On November 29, 2018, the Petitioning Creditors filed a motion seeking the appointment
of a Chapter 11 trustee. With respect to the Chapter 11 petition, the bankruptcy court issued an
order for relief against the Debtor on January 30, 2019. On February 11, 2019, the court entered
an order appointing the Chapter 11 Trustee. The Chapter 11 Trustee will serve during the
pendency of the Debtor’s bankruptcy. The cable landing license for the Paniolo Cable System is
the only Commission license or authorization held by the Debtor.

        As required by 47 C.F.R. § 1.767(g)(7), the Chapter 11 Trustee certifies in the attached
certification that this assignment is pro forma in nature (as defined in 47 C.F.R. § 63.24(f)(2)(ii))
and would not, when considered together with all previous pro forma transactions, would not
result in a change of the licensee’s ultimate control.

                                              Yours sincerely,




                                              Kent Bressie
                                              Colleen Sechrest

                                              Counsel to Michael Katzenstein as Chapter 11
                                              Trustee of the Bankruptcy Estate of Paniolo Cable
                                              Company, LLC

Attachment


                                        CERTIFICATION


     I, Michael Katzenstein, as Chapter 11 Trustee of the Bankruptcy Estate of Paniolo Cable
Company, LLC, hereby certify as follows:


       1.      I have reviewed the attached pro forma assignment notification and believe that it
               states fully and accurately the circumstances of the pro forma assignment of the
               cable landing license for the Paniolo Cable System.

       2.      This assignment described therein is pro forma in nature under the Commission’s
               rules and, together with all previous pro forma transactions, would not result in a
               change in the ultimate control of debtor Paniolo Cable Company, LLC.

I certify under penalty of perjury that the foregoing is true and correct.




                                               __________________________________
                                               Michael Katzenstein
                                               Chapter 11 Trustee of the Bankruptcy Estate
                                                  of Paniolo Cable Company, LLC
                                               c/o FTI Consulting
                                               Three Times Square, 9th Floor
                                               New York, New York 10036
                                               +1 212 247 1010
                                               mike.katzenstein@fticonsulting.com


Executed March 8, 2019



Document Created: 2019-04-27 07:39:20
Document Modified: 2019-04-27 07:39:20

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC