Attachment SCL STA.pdf

This document pretains to SCL-STA-20100322-00009 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2010032200009_806852

ATTACHMENT: REQUEST FOR SPECIAL TEMPORARY AUTHORITY American Samoa Hawaii Cable, LLC (“ASHC,” FRN 0017874215), Pac-Rim Redeployment, LLC (“PRR,” FRN 0017882309), and AST Telecom, LLC, d/b/a Blue Sky Communications (“Blue Sky,” FRN 0007435902, and together with ASHC and PRR, the “Licensees”), Ralph S. Janvey, as Receiver for Stanford International Bank Ltd. (“SIBL” or “Transferor,” FRN 0013561055), and Pete R. Pizarro (“Mr. Pizarro” or “Transferee,” FRN 0019470681, and together with the Licensees and SIBL, the “Applicants”) respectfully request Special Temporary Authority (“STA”) pursuant to Section 1.767 of the Commission’s rules1 for the transfer of control of the Licensees from SIBL to Mr. Pizarro. The Licensees are licensed to land and operate a non-common carrier fiber-optic submarine cable network, the American Samoa-Hawaii Cable System (the “ASHC System”).2 The transfer of control of the Licensees from SIBL to Mr. Pizarro took place on February 6, 2009, as part of a capital structure reorganization of eLandia International, Inc. (“eLandia International”), which has indirect majority ownership of ASHC and PRR and direct sole ownership of Blue Sky. SIBL, the Transferee, and eLandia International entered into a series of transactions on February 6, 2009 in connection with eLandia International’s reorganization that converted the principal amount of eLandia International’s debt to SIBL into eLandia International preferred non-voting stock, reduced SIBL’s ownership of eLandia International 1 47 C.F.R. § 1.767. 2 File No. SCL-LIC-20080814-00016. See Public Notice, Actions Taken Under Cable Landing License Act, Report No. SCL-00080, DA 09-45 (Jan. 16, 2009). The ASHC System connects Keawaula, Hawaii, Iliili, American Samoa, and Apia, the Independent State of Samoa.

common stock to 49.9 percent of outstanding common stock, and placed the shares of eLandia International held by SIBL into a voting trust (the “Voting Trust”) of which the Transferee is the trustee. On February 16, 2009, Ralph S. Janvey was appointed as the Receiver for SIBL.3 The Applicants seek special temporary authority from the Commission for ASHC, PRR, and Blue Sky to be under the ultimate control of Mr. Pizarro. SIBL and the Transferee were not aware that Commission consent was required in connection with these transactions, since eLandia International is not itself a Commission licensee. The Transferor (now under control of the Receiver) and the Transferee regret that they did not seek timely transaction consent from the Commission, and they commit that such actions will not be repeated in the future. eLandia International and the Licensees have retained counsel with substantial expertise in Commission regulatory matters to advise them going forward on matters that may implicate the Commission’s prior consent requirements with respect to transfers of control. ASHC, Ralph S. Janvey, as Receiver for SIBL, and Mr. Pizarro previously filed an application for transfer of control of ASHC as the holder of a cable landing license from SIBL to Mr. Pizarro.4 Concurrently herewith, each of PRR and Blue Sky, along in each case with Transferor (now under control of the Receiver) and Transferee, are filing applications for the transfer of control of PRR and Blue Sky respectively. 3 See Amended Order Appointing Receiver, Mar. 12, 2009, in Securities and Exchange Commission v. Stanford Int’l Bank, Ltd., Case No. 3-09CV0298-N (N.D. Tex.). At the time the receiver was appointed, SIBL no longer controlled the Licensees, because of the reorganization described herein and for which the underlying applications seek consent. 4 File No. SCL-T/C-20100125-00001. 2

The public interest will be served by grant of this request as it will allow the lawful control by Mr. Pizarro of the Licensees of the ASHC System, which provides low-cost connectivity to support new economic opportunities in the remote and economically depressed U.S. territory of American Samoa, and provides the first-ever undersea cable capacity for the Independent State of Samoa. Accordingly, the Applicants respectfully request grant of this STA request to continue for the interim period until the Commission acts on the underlying applications for transfer of control. The Applicants acknowledge that grant of this request will not prejudice action by the Commission on the underlying applications and that any authority granted pursuant to this request is subject to cancellation or modification upon notice but without a hearing. 3


Document Created: 2010-03-17 12:40:16
Document Modified: 2010-03-17 12:40:16
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