Attachment Guam Cable Group Sub

This document pretains to SCL-T/C-20120924-00011 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2012092400011_967096

APPLICATION FOR AUTHORITY TO TRANSFER CONTROL OF SUBMARINE CABLE LANDING LICENSE Pursuant to An Act Relating to the Landing and Operation of Submarine Cables in the United States1 and Section 1.767 of the Federal Communications Commission’s (“FCC”) rules,2 MCV Guam Holding Corp. (“MCVGH”) and DOCOMO Guam Holdings, Inc. (“DOCOMO Guam”) request Commission consent to the transfer of control of the submarine cable license held by Guam Cable Group, Inc., a wholly owned subsidiary of MCVGH, to DOCOMO Guam. Guam Cable Group, Inc. holds a 0.07882% interest in the China-U.S. cable, File No. SCL-LIC- 19980309-00005. Although Guam Cable Group, Inc. holds less than a 5% interest in the China- U.S. cable system, this application is being filed because the FCC has found that if an entity is currently a licensee on a submarine cable, it needs to comply with transfer of control requirements.3 I. INFORMATION REQUIRED BY SECTION 1.767 OF THE COMMISSION’S RULES In support of this Application and in accordance with Section 1.767(a)(11) of the Commission’s rules, the Applicants provide the following information: (1) Name, Address, and Telephone Number of Each Applicant Transferor Information (MCV Guam Holding Corp.): MCV Guam Holding Corp. 497 Harmon Loop Road Dededo, GU 96929 Transferee Information (DOCOMO Guam Holdings, Inc.): DOCOMO Guam Holdings, Inc. c/o NTT DOCOMO, INC. 1100 13th Street NW Suite 900 Washington, DC 20005 (2) Government, State, or Territory Under the Laws of Which Each Applicant Is Organized MCV Guam Holding Corp. is a corporation organized under the laws of Guam. 1 47 U.S.C. §§ 34-39 (the “Cable Landing License Act”). 2 47 C.F.R. § 1.767. 3 Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, FCC 01-332, ¶ 59 (2001).

DOCOMO Guam Holdings, Inc. is a corporation organized under the laws of Guam. (3) Contact Information Copies of all pleadings, correspondence, notices, and other communications should also be sent to Applicants’ counsel as follows: For MCV Guam Holding Corp.: John King LAW OFFICE OF JOHN WELLS KING, PLLC 9016 Tropical Bend Circle Jacksonville, FL 32256-9192 Tel: 904-647-9610 Fax 904-647-9611 Email: john@jwkinglaw.com For DOCOMO Guam Holdings, Inc.: Carl Frank Wiley Rein LLP 1776 K Street, NW Washington, DC 20006 Tel: 202-719-7269 Fax: 202-719-7049 Email: cfrank@wileyrein.com (4) –(7) inapplicable to transfer application (8) Certification and Ownership Information Required by Sections 63.18(h)-(k) and (o) of the Commission’s Rules Section 63.18(h) The following entities hold a 10 percent or greater direct or indirect interest in transferee, DOCOMO Guam: Name: NTT DOCOMO, INC. (“DOCOMO”) Address: 2-11-1 Nagata-cho, Chiyoda-ku Tokyo 100-6150, Japan Citizenship: Japan Principal Business: Mobile telecommunications and information services Percentage Held: 100% direct voting and equity interest in DOCOMO Guam Holdings, Inc. Name: NIPPON TELEGRAPH AND TELEPHONE CORPORATION (“NTT”) 2

Address: 3-1, Otemachi 2-Chome, Chiyoda-ku Tokyo 100-8116, Japan Citizenship: Japan Principal Business: Ownership of shares and exercise of rights as shareholder of NTT group companies Percentage Held: 63.32% direct equity and 66.65% direct voting interest in NTT DOCOMO, INC. Other than NTT, no single entity holds more than approximately 2% of DOCOMO. Name: Japan Ministry of Finance Address: 3-1-1 Kasumigaseki, Chiyoda-ku Tokyo 100-8940, Japan Citizenship: Japan Principal Business: Japanese government Percentage Held: 32.59% direct voting and equity interest in NTT Except for the Ministry of Finance, ownership of NTT is widely dispersed. No other person or entity holds a ten percent or greater direct or indirect voting or equity interest in DOCOMO Guam. Section 63.18(i): DOCOMO Guam certifies that it is not a foreign carrier, as that term is defined by Section 63.09 of the Commission’s rules, 47 C.F.R. § 63.09. DOCOMO Guam is directly owned by DOCOMO, a mobile telecommunications carrier in Japan. In addition, through its indirect 63.32% ownership by NTT, DOCOMO Guam certifies that it is affiliated with the following foreign carriers: Name of the Affiliated Carrier Locations in which carrier is authorized to provide telecommunications services to the public NTT Communications Corporation Japan NTT East Corporation Japan NTT West Corporation Japan Nippon Telecommunications Network Co., Ltd. Japan Robi Axiata Limited Bangladesh NTT Com Asia Ltd. China NTT Com Asia Network Systems (Guangzhou) China Company Limited HKNet Company Ltd. China HKNet Wireless Co. Ltd. China Tata Teleservices Limited India NTT Korea Co., Ltd. Korea NTT Taiwan Ltd. Taiwan 3

Section 63.18(j): DOCOMO Guam hereby certifies that it is not a foreign carrier in any destination market, and does not control a foreign carrier in any destination market. DOCOMO Guam hereby certifies that it provides international telecommunications services to all the destination markets identified above in which NTT controls a foreign carrier. Section 63.18(k): All of the countries listed above in which DOCOMO Guam is affiliated with a foreign carrier are WTO member countries. Section 63.18(o) DOCOMO Guam certifies, pursuant to Sections 1.2001 through 1.2003 of the Commission’s rules, that neither it, nor any of its affiliates, nor any officer or director of it or its affiliates is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1998, 21 U.S.C. § 853a. (9) Certification of Compliance with Routine Conditions DOCOMO Guam certifies that it accepts and will abide by the routine conditions set forth in section 1.767(g) of the Commission’s rules, 47 C.F.R. § 1.767(g). II. ELIGIBILITY FOR STREAMLINED PROCESSING Pursuant to Section 1.767(i) of the Commission’s rules, Applicants request streamlined processing of the instant Application. The Application is eligible for streamlined processing pursuant to Section 1.767(k)(2) and (3) of the Commission’s rules. DOCOMO Guam certifies that all of the countries listed above in which DOCOMO Guam is affiliated with a foreign carrier are WTO member countries. DOCOMO Guam’s affiliates in all countries identified above, except Japan, lack market power in their home countries. Except for the NTT’s affiliates in Japan, all of the foreign carriers identified above lack 50 percent market share in the international transport and the local access markets in the destination markets where they provide services. None of these foreign carriers is listed on the Commission’s List of Foreign Telecommunications Carriers That Are Presumed to Possess Market Power in Foreign Telecommunications Markets.4 The Commission has previously reviewed the following foreign carriers affiliated with NTT: NTT Communications Corporation, NTT Com Asia Ltd., NTT Com Asia Network 4 The International Bureau Revises and Reissues the Commission’s List of Foreign Telecommunications Carriers that Are Presumed to Possess Market Power in Foreign Telecommunications Markets, Public Notice, DA 07-233 (Jan. 26, 2007). 4

Systems (Guangzhou) Company Limited, HKNet Company Ltd., HKNet Wireless Co. Ltd., NTT Korea Co., Ltd., and NTT Taiwan Ltd. After reviewing these carriers, the FCC found that NTT only is dominant on the U.S.-Japan route. Consequently, these previously reviewed affiliates operating in countries other than Japan qualify for a presumption of non-dominance under Section 63.10(a)(3) of the Commission’s Rules (47 C.F.R. § 63.10(a)(3)). Robi Axiata Limited (“Robi”) provides only mobile services in Bangladesh, a WTO member country. Robi lacks market power in Bangladesh and qualifies for a presumption of non-dominance under Section 63.10(a)(3) of the Commission’s rules, 47 C.F.R. § 63.10(a)(3). The company does not control bottleneck facilities and has market shares under 50 percent in all relevant markets on the foreign end of the U.S.– Bangladesh route, including the international transport and local access markets. In addition, the Commission has determined that mobile wireless service providers lack sufficient market power to affect competition adversely in the U.S. market.5 Tata Teleservices Limited provides mobile services in India. Tata Teleservices Limited lacks market power in India and qualifies for a presumption of non-dominance under Section 63.10(a)(3) of the Commission’s rules, 47 C.F.R. § 63.10(a)(3). The company does not control bottleneck facilities and has market shares under 50 percent in all relevant markets on the foreign end of the U.S.–India route, including the international transport and local access markets. In addition, the Commission has determined that mobile wireless service providers lack sufficient market power to affect competition adversely in the U.S. market.6 DOCOMO Guam is considered dominant with respect to the U.S.-Japan route. For this route, DOCOMO Guam agrees to accept and abide by the reporting requirements in Section 1.767(l) of the Commission’s rules, 47 C.F.R. § 1.767(l) on the U.S.-Japan route. 5 International Common Carrier Regulations – 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 4909, 4922 (¶ 29) (1999). 6 Id. 5

Certificate of Service I, Pam Conley, do hereby certify that I have on this 21st day of September, 2012, caused a copy of the foregoing “Application for Authority to Transfer Control of Submarine Cable Landing License” to be served by first class mail upon the following: U.S. Coordinator, EB/CIP U.S. Department of State 2201 C Street, N.W. Washington DC 20520-5818 Office of Chief Counsel National Telecommunications & Information Administration U.S. Department of Commerce 14th St. & Constitution Ave., N.W. Washington, DC 20230 Defense Information Systems Agency ATTN: GC/DO1 6910 Cooper Avenue Fort Meade, MD 20755-7088 /s/ Pam Conley Pam Conley


Document Created: 2012-09-20 16:49:48
Document Modified: 2012-09-20 16:49:48
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