Attachment Letter re SEA-US Add

Letter re SEA-US Add

SUPPLEMENT

Supplement

2015-07-22

This document pretains to SCL-LIC-20150626-00016 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2015062600016_1096695

July 17, 2015 VIA IBFS David Krech Associate Division Chief International Bureau Policy Division Federal Communications Commission 445 12th Street SW Washington, DC 20554 Jodi Cooper Attorney-Advisor International Bureau Policy Division Federal Communications Commission 445 12th Street SW Washington, DC 20554 RE: Response to Additional Questions Regarding SEA-US Cable Landing License Application, File No. SCL-LIC-20150626-00016 Dear Mr. Krech and Ms. Cooper: On July 16, 2015, the Federal Communications Commission requested additional information from Globe Telecom, Inc., GTI Corporation, Hawaiian Telcom Services Company, Inc., RAM Telecom International, Inc. (“RTI”), TeleGuam Holdings, LLC d/b/a GTA TeleGuam (“GTA”), PT Telekomunikasi Indonesia International, and Telekomunikasi Indonesia International (USA) Inc. (“Telkom USA”) (together, the “Applicants”) related to their application for a submarine cable landing license filed on June 26, 2015.1 The Applicants provide a response to those follow-up questions below. 1. Can you please provide us with a current organizational chart for GTA as well as organizational charts pre and post transaction? Please find attached a pre-transaction organizational chart for GTA and Telkom USA, as well as a post-transaction organizational chart. These charts also appear in the public record 1 File No. SCL-LIC-20150626-00016.

associated with the transfer-of-control application filed by GTA and Telkom USA on June 12, 2015.2 2. Also, has construction begun on the cable system, and, if so, when? Installation has not yet begun on the SEA-US cable system, although manufacturing of the necessary equipment is already underway. 3. Finally, Appendix D, RTI ownership information, is the remaining 8.5% ownership (fully diluted) held by individuals or entities from WTO Member countries? In Appendix D to the SEA-US application, RTI provided ownership information for its ten-percent-or-greater owners, as required by Sections 1.767(a)(8)(i) and 63.18(h) of the Commission’s rules. The three owners that RTI disclosed in that document—all of whom are citizens of World Trade Organization (“WTO”) member countries—own a combined total of 87.3 percent of RTI. The remaining 12.7 percent of RTI is also held by individuals or entities from WTO member countries, including Australia, Canada, Hong Kong, Japan, Singapore, and the United States.3 * * * Attached to this letter please find the signed declaration of Russell Matulich, RTI’s Chief Executive Officer, certifying to the accuracy of the information provided in response to questions two and three. Because GTA and Telkom USA previously certified to the accuracy of the organizational charts filed with their transfer-of-control application, this information does not require the submission of an additional declaration. Should you have any questions, please contact Danielle Piñeres by telephone at +1 202 730 1306 or by e-mail at dpineres@hwglaw.com. Yours sincerely, Kent Bressie Danielle Piñeres Counsel for the Applicants Enclosures 2 File No. ITC-T/C-20150612-00146; WC Docket No. 15-148. 3 See World Trade Organization, Members and Observers (as of April 26, 2015), http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm.

DECLARATION OF RUSSELL MATULICKH I, Russell Matulich, Chief Executive Officer of RAM Telecom International, Inc., have reviewed the accompanying letter and declare under penalty of perjury under the laws of the United States of America that the information provided in response to questions two and three contained therein is true and correct. Executed on July 17, 2015. w%m Russell Matulich

EXHIBIT A Diagram of the pre-transaction corporate structure of TeleGuam and AP TG DC01\SMITD\1387595.1

Two US and Richard L. Taisuke WTO citizens Folsom Sasanuma TeleGuam Ownership and Control Structure Chart all below 10% (US citizen) (Japan Citizen) (as of April 1, 2015) 13.2% 43.4% 43.4% Advantage Partners, Ltd Douglas (Hong Kong) Stringer (US citizen) 100% Advantage Partners, Inc 100% (Japan) 100% 100% Cayman Capital Two US and Richard L. Taisuke Two US and Richard L. Taisuke AP IV GP Co., Management II, AP5 Co., Ltd WTO citizens Folsom Sasanuma WTO citizens Folsom Sasanuma Ltd. Inc. (Japan) all below 10% (US citizen) (Japan citizen) all below 10% (US citizen) (Japan citizen) (Japan) Widely (Cayman Islands) 13.068% 42.966% 13.068% 42.966% Dispersed US 42.966% 42.966% 100% General General and WTO Japan Ireland Limited Partners Partner Limited Partners Partner citizens all Investment 1.000% 1.000% below 10% Partners, LTD (Cayman Islands) AP Cayman Widely General Limited Widely Partner Partners Two WTO Partners II Dispersed US AP IV GP 100% Dispersed WTO 0.1% 99.9% citizens General Partner, and WTO Partnership citizens all all below 10% L.P. citizens all (Japan) below 10% Japan Ireland (Cayman Islands) below 10% JIIP LTD Investment (Cayman Islands) Limited General General Limited Limited General Partners, L.P. Partners Partner Partner Partners Partners Partner (Cayman Islands) 99.9% 0.1% 0.1% 99.9% 99.9% 0.1% 1% 99% No Equity Ownership* 3 US Citizens AP Cayman Advantage Japan Ireland U.S. Japan General all below 10% Partners II, L.P. Partners IV, ILP Investment Partners Partnership (Cayman Islands) Partnership (Japan) (Ireland) 25.52% 0.22% 4.64% 24.73% 42.08% 2.81% AP TeleGuam Holdings, Inc. Stanley Emmett Thomas, III (sole director) 100% (*) Although no equity ownership exists, Japan Ireland Investment Partners, L.P. holds a debt interest in Japan Ireland Investment TeleGuam Holdings, LLC Partners, pursuant to which the limited partnership has certain priority rights vis-a-vis the equity holders. (Licensee)

EXHIBIT B Diagram of the pre-transaction corporate structure of Telkom USA

Telkom Indonesia International (USA) Inc. Pre-Merger Ownership and Structure Chart* Indonesian Public Government 52.56% 47.44% PT Telekomunikasi Indonesia Tbk 100% PT Telekomunikasi Indonesia International Inc. 100% % Telekomunikasi Indonesia International (USA) Inc. 100% % PacHub Acquisition Co. * Note that these diagrams highlight the ownership chain of the entities impacted by the transaction; unaffected affiliate entities have been omitted to provide greater clarity of the transaction.

EXHIBIT C Diagram of the corporate structure of Telkom USA, AP TG and TeleGuam post-closing

Telkom Indonesia International (USA) Inc. Post-Merger Ownership and Structure Chart* Indonesian Public Government 52.56% 47.44% PT Telekomunikasi Indonesia Tbk 100% % PT Telekomunikasi Indonesia International Inc. 100% % Telekomunikasi Indonesia International (USA) Inc. 100% % AP TeleGuam Holdings, Inc. ** 100% % TeleGuam Holdings, LLC * Note that these diagrams highlight the ownership chain of the entities impacted by the transaction; unaffected affiliate entities have been omitted to provide greater clarity of the transaction. ** AP TeleGuam Holdings will have merged with PacHub Acquisition with AP TeleGuam surviving the merger.


Document Created: 2015-07-22 15:53:25
Document Modified: 2015-07-22 15:53:25
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC