Application Form [pdf]

This document pretains to SCL-STA-20070131-00005 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2007013100005_557395

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ya * 2C ,fl\”’"‘ BCE Nexxia Corporation us * and File No. SCL— Marine Cable Corporation Application for Pro Forma Assignment of the AmeriCan—1 Submarine Cable Landing License APPLICATION FOR SPECIAL TEMPORARY AUTHORITY TO USE SUBMARINE CABLE LANDING LICENSE BCE Nexxia Corporation ("BCE Nexxia") and Marine Cable Corporation ("Marine Cable," and, together with BCE Nexxia, the "Applicants") hereby request special temporary authority pursuant to section 63.25 of the Commission‘s rules for Marine Cable to utilize, for a temporary period, the interest in the America—Canada—1 ("AmeriCan—1") submarine cable landing license held by Marine Cable‘s affiliate, BCE Nexxia. ‘ The Applicants request this authority until such time as their application for pro forma assignment of this interest from BCE Nexxia to Marine Cable, filed concurrently herewith, is approved bythe Commission. ! See fONOROLA Fiber Development Inc. and Ledcor Industries Inc., Cable Landing License, 13 FCC Red 15,663, DA 98—1668, File No. SCL—LIC—19980123—00002 (Int‘l Bur., Telecom. Div., rel. Aug. 21, 1998) (AmeriCan—1 License); see also 14 FCC Red 1961, DA 98— 2569, File No. SCL—AMD—19980831—00015 (Int‘l Bur., Telecom. Div., rel. Dec. 21, 1998) (authorizing, inter alia, a minor change in ownership among the two owners); 14 FCC Red 4507, DA 99—601, File No. SCL—AMD—19981112—00026 (Int‘l Bur., Telecom. Div., rel. Mar. 31, 1999) (adding Fiberco Telecommunications Corporation as a third licensee); 15 FCC Red 3057, DA 00—315, File No. SCL—MOD—19990901—00016 (Int‘l Bur., Telecom Div., rel. Feb. 18, 2000) (adding MetroNet Fiber US, Inc., as a fourth licensee).

On December 31, 2006, BCE Holding Corporation ("BCE Holding"), the immediate corporate parent of BCE Nexxia and Marine Cable, effectuated an internal corporate restructuring whereupon the interest in the AmeriCan—1 license held by BCE Nexxia was assigned to Marine Cable. The assignment was presumptively pro forma because the assignor, BCE Nexxia, and the assignee, Marine Cable, share the same ultimate corporate parent, BCE Inc. Cf. 47 C.F.R. § 63.24(a)(5), Note 2 (describing as presumptively pro forma in the context of Section 214 license assignments situations in which "there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests"); see also id. at § 1.767(g)(7) (adopting the definition ofpro forma set forth in section 63.24 of the Commission‘s rules for cable landing license assignments and transfers). The Applicants planned to notify the Commission of the proforma assignment in accordance with section 1.767(g)(7) of the Commission‘s rules. However, the Applicants recently determined that the notification procedure set forth in section 1.767(g)(7) does not apply to pro forma assignments of this type because the affected cable landing license was issued originally on August 21, 1998, and the Commission‘s notification procedure is applicable only to cable systems first licensed before December 14, 2001, unless the licensee previously sought and secured Commission consent to utilize the notification procedure prospectively, which did not occur here. See In the Matter ofReview of Commission Consideration ofApplications under the Cable Landing License Act, 16 FCC Red 22167, 22199—22201 («4 61—65), FCC 01—332, rel. December 14, 2001. BCE Nexxia‘s predecessor company, FiberCo Inc., was not an original licensee of the AmeriCan—1 cable, but became a licensee through a Commission order released March 31, 1999. Supra, note 1.

In light of this development, the Applicants today filed an application for Commission approval of the pro forma assignment from BCE Nexxia to Marine Cable. * Nevertheless, to enable Marine Cable to operate in the interim under the affected cable landing license, the Applicants respectfully request that the Commission grant this request for special temporary authority. Favorable action by the Commission in response to this request is in the public interest. No entity would be adversely affected by a grant, as the assignment is pro forma in nature and thus imperceptible and, practically speaking, irrelevant to the customers of the Applicants and the public. The Applicants have filed the appropriate application for pro forma assignment and are willing to provide the Commission with any additional information it may need to process that application. The Applicants understand that grant of this request for special temporary authority is without prejudice to Commission action in the underlying application and that the special temporary authority requested here may be revoked by the Commission without a hearing. 2 The Applicants also notified the Commission on January 30, 2007, of the related pro forma assignment from BCE Nexxia to BCE Nexxia Voice Services Corporation of a Section 214 license, as required by section 63.24(f) of the Commission‘s rules, 47 C.F.R. § 63.24(f).

Conclusion For the reasons discussed herein, the Applicants respectfully request that the Commission grant this request for special temporary authority expeditiously and using procedures appropriate in light of the non—substantial nature of the pro forma assignment that occurred. Respectfuilly submitted, BCE Nexxia Corporation Marine Cable Corporation 2 _ /)/ . —" %//‘_A Mirko Bibic Mirko Bibic Vice—President, Regulatory Matters Vice—President, Regulatory Matters Floor 14 Floor 14 110 O‘Connor Street 110 O‘Connor Street Ottawa, Ontario Ottawa, Ontario K1P 1H1 Canada K1P 1H1 Canada Joel S$. Winnik Yaron Dori Hogan & Hartson L.L.P. 555 Thirteenth Street N.W. Washington, D.C. 20004 (202) 637—5600 Attorneys for the Applicants Dated: January 31, 2007

READ INSTRUCTIONS CAREFULLY Approved by OMB BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION 30600589 REMITTANCE ADVICE Page 1_. o.1 (1) LOCK BOX # 358115 SECTION A — PAYER INFORMATION ( enter name us it appears on Hogan & Hartson L.L.P. $965.00 555 Thirteenth Street. NW Washinaton 20004—1109 202—637—5458 0003—7278—72 Marine Cable Corporation 1521 Wwalden Uumice square Suite 400 Schaumbura 1 847—303—7200 00 16—0470—03 CUT (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE $965.00 $965.00 (28A)FCC CODE 1 (29A) FCC CODE 2 (26B) FEE DUE FOR (PTC) (278) TOTAL FEE (28B)PCC CODE t (29B) FCC CODE 2 A I nudadd hC l;w best uf my knsa=l~4—


Document Created: 2007-03-23 15:18:32
Document Modified: 2007-03-23 15:18:32
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