Attachment AST Attachment 2.pdf

This document pretains to SCL-STA-20140529-00004 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2014052900004_1048509

Amendment of Foreign Carrier Affiliation FCC File No. FCN-NEW-20110316-00003 20 August 2012 Page 1 of 5 AMENDMENT TO FOREIGN CARRIER AFFILIATION OF AST TELECOM, LLC, D/B/A BLUE SKY COMMUNICATIONS, AMERICAN SAMOA HAWAII CABLE, LLC, AND SAMOA AMERICAN SAMOA CABLE, LLC Pursuant to 47 C.F.R. §§ 1.744 and 1.768, AST Telecom, LLC, d/b/a/ Blue Sky Communications (“Blue Sky”), American Samoa Hawaii Cable, LLC (“ASHC”), and Samoa American Samoa Cable, LLC (“SASC”) (collectively, “Cable Landing Licensees”), amend their March 15, 2011, foreign carrier affiliation notification with respect to Bluesky Samoa Limited (“Bluesky Samoa,” formerly known as SamoaTel Limited) to change the legal basis for their notification.1 Effective May 10, 2012, the Independent State of Samoa (“Independent Samoa”) became a member of the World Trade Organization.2 Consequently, the Cable Landing Licensees amend their Notification to notify the Commission pursuant to 47 C.F.R. § 1.768(b)(2)(ii), instead of 47 C.F.R. § 1.768(a). The Cable Landing Licensees also withdraw their request for a finding of effective competitive opportunities (“ECO”) pursuant to 47 C.F.R. § 1.768(g)(2). Independent Samoa’s WTO membership renders moot the need for an ECO analysis. With respect to the requirements of 47 C.F.R. § 1.768(e), the Cable Landing Licensees’ responses remain unchanged since the filing of the Notification, except as follows below. 1 See FCC File No. FCN-NEW-20110316-00003 (“Notification”) 2 World Trade Organization, Members and Observers (May 10, 2012), http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm.

Amendment of Foreign Carrier Affiliation FCC File No. FCN-NEW-20110316-00003 20 August 2012 Page 2 of 5 A. WTO Status of Destination Country3 By the signature below, each of the Cable Landing Licensees certifies that Independent Samoa is a WTO Member. B. Name, Address, Citizenship, and Principal Business of Any Person or Entity that Directly or Indirectly Owns at Least Ten (10) Percent of the Equity of ASLI, and the Percentage of Equity Owned by Each of Those Entities (to the Nearest One Percent)4 As previously notified to the Commission, the Proposed Acquisition described in the Notification was consummated on May 31, 2011. The current 10-percent-or-greater direct and indirect owners of each Cable Landing Licensee are detailed below. 1. Blue Sky Blue Sky is a wholly-owned, direct subsidiary of eLandia International, Inc. (“eLandia”), a Delaware corporation. eLandia’s address is: 8200 NW 52nd Terrace, Suite 102 Miami, Florida 33166 eLandia is a diversified holding company with investments in the information technology and communications sectors. Approximately 87 percent of eLandia’s shares are owned by Amper S.A. (“Amper”).5 Amper is a Spanish sociedad anónima, i.e., corporation. It operates as a Spanish holding company whose shares trade publicly on the Madrid Stock Exchange under the symbol AMP. 3 47 C.F.R. § 1.768(e)(2). 4 47 C.F.R. § 1.768(e)(4). 5 The remaining shareholders of eLandia—none of whom holds a 10-percent-or-greater direct or indirect interest in ASLI—are being cashed out as part of a transaction to take eLandia private, in which case eLandia will be a wholly-owned, direct subsidiary of Amper. Amper expects to consummate this “going-private” transaction later in 2012.

Amendment of Foreign Carrier Affiliation FCC File No. FCN-NEW-20110316-00003 20 August 2012 Page 3 of 5 Amper’s operating units concentrate in three sectors: telecommunications, defense, and homeland security. Neither Amper nor any of its existing subsidiaries is a telecommunications carrier in any market. Amper’s address is: Calle Marconi, 3 Parque Tecnológico Madrid 28760 Tres Cantos Madrid Spain Amper’s only 10-percent-or-greater shareholder is Tvikap AB (“Tvikap”). Tvikap is Swedish aktiebolaget, i.e., corporation. Tvikap’s address is: Höllandargatan 27 SE 113 59 Stockholm Sweden Tvikap’s principal business is managing investments for institutional and private clients. Tvikap is privately held, owned by more than forty (40) corporate and individual investors and has no majority or controlling owner. Tvikap owns 22.011 percent of Amper’s shares. Following consummation of the Proposed Acquisition, Tvikap will hold, on a fully-diluted basis, an indirect 19.14 percent interest in eLandia, and an indirect 19.14 percent interest in Blue Sky. 2. ASHC The American Samoa Government (“ASG”) owns 33.33 percent of the member interests in ASHC. The ASG governs American Samoa, an unincorporated and unorganized territory of the United States. Although the United States Congress has given plenary authority over American Samoa to the U.S. Department of the Interior, the Secretary of the Interior has given American Samoa the authority to draft its own constitution, under which the democratically elected ASG functions through an executive branch led by the directly-elected governor and a

Amendment of Foreign Carrier Affiliation FCC File No. FCN-NEW-20110316-00003 20 August 2012 Page 4 of 5 bicameral legislature, known as the Fono. The current governor is the Honorable Togiola T.A. Tulafono, who maintains his office at the following address: Office of the Governor Executive Office Building Third Floor, Utulei Pago Pago, American Samoa 96799 eLandia Technologies, Inc. (“ELT”) owns 66.66 percent of the member interests in ASHC. ELT is a corporation organized under the laws of the State of Delaware. ELT is engaged in the provision of telecommunications products and services and information technology. ELT’s address is 8200 NW 52nd Terrace, Suite 102, Miami, Florida 33166. ELT is a wholly-owned, direct subsidiary of eLandia, as described in part I.B.1 above. Amper holds an 87-percent direct interest in eLandia and a 57.99-percent indirect interest in ASHC. 3. SASC ASHC owns 100 percent of the member interests of SASC. ASHC’s ownership is described in part I.B.2 above. C. Basis of Notification and Closing Date6 The amended Notification is made pursuant to 47 C.F.R. § 1.768(c). The affiliation was consummated on March 31, 2012. During the pendency of the Notification, the Cable Landing Licensees have operated under temporary authority granted by the Bureau.7 6 47 C.F.R. § 1.768(e)(6). 7 See FCC File Nos. SCL-STA-20120313-00001 and SCL-STA-20111031-00029.

Amendment of Foreign Carrier Affiliation FCC File No. FCN-NEW-20110316-00003 20 August 2012 Page 5 of 5 D. Basis for Relying on an Exception in 47 C.F.R. § 1.768(b)8 By the signature below, each of the Cable Landing Licensees certifies that it will comply with the dominant-carrier safeguards in 47 C.F.R. § 1.767(l). CONCLUSION The Cable Landing Licensees hereby request expedient approval of this amended foreign-carrier affiliation notification. AST TELECOM, LLC D/B/A BLUE SKY COMMUNICATIONS AMERICAN SAMOA HAWAII CABLE, LLC SAMOA AMERICAN SAMOA CABLE, LLC Kent D. Bressie Adolfo Montenegro WILTSHIRE & GRANNIS LLP 1200 18th Street, N.W. President and Chief Executive Officer Suite 1200 AST TELECOM, LLC D/B/A Washington, D.C. 20036 BLUE SKY COMMUNICATIONS +1 202 730 1337 tel Counsel for American Samoa License, Inc. President AMERICAN SAMOA HAWAII CABLE, LLC SAMOA AMERICAN SAMOA CABLE, LLC P.O. Box 478 Pago Pago, American Samoa 96799 +1 684 699 2759 20 August 2012 8 47 C.F.R. § 1.768(e)(7).


Document Created: 2019-04-13 19:24:17
Document Modified: 2019-04-13 19:24:17
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC