Application Form [pdf]

This document pretains to SCL-T/C-20070621-00010 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2007062100010_575496

Q“. an d +Kni Tel 202 955 3000 _ a Holland & Knight LLP Fax 202 955 5564 2099 Pennsylvania Avenue, NW., Suite 100 Please Bat Washington. D.C. 20006—6801 Jate Q%‘amm & Retu To Holtang & Kaig www.hklaw.com ht L Eric Fishman 202 828 1849 eric.fishman@hklaw.com June 7, 2007 , FiiEfi/A@@E’fiTE@ JUN 2 1 2007 _ VIA HAND DELIVERY - Fe‘f_ef&‘gf%munggggns Commission tary Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 12"" Street, SW Washington, DC 20054 | Re: Not1ficat1on of Pro Forma Transtfer of Control of Global CanbbeanNetwork FCC File No. SCL—LIC—20050418—0001 O | Dear Ms. Dortch: Pursuant to Sections 1.767(g)(7) and 63.24(d) of the Commission‘s rules, 47 C.F.R. §§ 1.767(g)(7) and 63.24(d), Global Caribbean Network ("GCN") (FRN 0013250907), which holds the above—captioned cable landing license, hereby notifies the Commission of a pro forma transfer of control pursuant to a corporate reorganization of its majority owner which occurred on March 2, 2007.‘ Specifically, on that date, Auto—Guadeloupe Investissement, S.A. d/b/a Loret Group ("AGI"), GCN‘s majority owner, transferred its 85% capital stock interest in GCN to Global Caribbean Fiber, S.A.S., a French company and a wholly—owned subsidiary of AGT. This corporate reorganization did not affect the ultimate control or operational control of GCN and its cable landing license. Ehsan Emami, the President of GCN, is also the President of Global Caribbean Fiber, and GCN, AGI and Global Caribbean are all headquartered at the following address: As before, AGI remains the ultimate majority owner of GCN, and the company‘s management has not changed. | 1 In addition to its cable landing license, GCN holds authority, pursuant to Section 214 of the Communications Act, as amended, to construct and operate a fiber—optic submarine cable system on a common carrier basis between‘ Puerto Rico and St. Barthélemy, and to provide global facilities—based and resold international services. File No. ITC—214—20050623—00237 and File No. ITC—214—20050621—00231. Due to an inadvertent administrative oversight, GCN neglected to notify the Commission of the corporate reorganization of AGI within thirty (30) days after it occurred, as required under Sections 1.767(g)(7) and 63.24(£)(2) of the Commission‘s rules. Upon discovery of this oversight, GCN instructed its counsel to rectify this error immediately. In view of the relatively short period of untimeliness, and the voluntary nature of the instant submission, GCN respectfully requests the Commission to waive the thirty day deadline set forth in Sections 1.767(g)(7) and 63. 24(t)(2) of its rules to accept this late—filed notification. — Atlanta + Bethesda ® Boston * Chicago * Fort Lauderdale « Jacksonville « Los Angeles — Miami « New York « Northern Virginia « Orlando «+ Portland « San Francisco Tallahassee + Tampa + Washington, D.C. « West Palm Beach Beijing « Caracas* + Helsinki* +« Mexico City *« Tel Aviv* « Tokyo « *Representative Office

Marlene H. Dortch June 7, 2007 Page 2 Tour Secid, 8 Floor Place de la Renovation, 97110 Pointe—a—Pitre, Guadeloupe France | Phone: 590 590 57 10 00 In the attached certification, GCN certifies that the above—described transfer of control will be pro forma as defined by Section 63.24(d) of the Commission‘s rules and that, together with all previous pro forma transactions (of which there are none) the:corporate reorganization described in this letter will not result in a change of the licensee‘s ultimate control." As the GCN corporate structure has been reorganized without any substantial change in beneficial ownership, and because the license will continue to be held by GCN and ultimately controlled by AGI, the transaction qualifies as presumptively pro forma and does not require prior approval by the Commission.* | In the atfached certification, GCN also certifies that no party to this notification is subject to a denial of federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti— Drug Abuse Act of 1988.4 . If you have any questions, please do not hesitate to contact the undersigned counsel directly. Sincerely, _ Eric Fis(hiym- . Counsel for Global Caribbean Network Attachment co: Gebrge Li, International Bureau. 2 See 47 C.F.R. § 1.767(g)(7), 63.24(d). 3 See 47 C.F.R. § 1.768. _ * See 47 C.F.R. §§ 1.767(a)(8), 1.2001—1.2003, and 63.18(0). _

Marlene H. Dortch June 7, 2007 Page 3 ce: Ambassador David Gross U.S. Coordinator . EB/CIP, U.S. Department of State 2201 C Street, NW Washington, DC 20520—5818 Kathy Smith _ Chief Counsel, NTIA U.S. Department of Commerce 14*" St. and Constitution Ave., NW Washington, DC 20230 _ Hillary Morgan . Deputy General Counsel Defense Information Systems Agency Code RGC 701 S. Courthouse Road _ Arlington, VA 22204

CERTIFICATION I, Ehsan Emami, President of Global Caribbean Network, do hereby certify that the transfer of control of GCN described inthe attached letter of Eric Fishman will be pro forma as defined by Section 63.24(d) of the Comumission‘s rules and that, together with all previous pro forma transactions (of which there are none) this transfer of control will not result in a change of the licensee‘s ultimate control. As the GCN corporate structure will be reorganized without any substantial change in beneficial ownership, and because the cable landing license will continue to be held by GCN, the transaction qualifies as presumptwcly pro forma and does not require prior approval by the Comrmssmn I further certlfy that no party to this notxfica.tlonis subject to a denial of federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. EhsaW / J<— June 7,2007 44589225_vl Atlanta + Bethesda + Boston + Chicago + Fort Lauderdale + Jacksonville « Los Angeles Miami * New York +« Northern Virginta *« Ortando + Porlland « San Francisco Tallahassee + Tampa » Washington, D.C. + West Palm Beach Beifing * Caracas* + Helsinki®* > Mexico City * Tel Aviv* * Tokyo + *Representative Office


Document Created: 2007-06-25 12:57:40
Document Modified: 2007-06-25 12:57:40
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