Attachment 20170613164835-307.p

20170613164835-307.p

SUPPLEMENT

Supplement

2007-06-27

This document pretains to ITC-214-20070627-00248 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142007062700248_1466684

"MMlQS“‘& + rhconmmigiuiiy 5 hk s £ U international Bureau E—mail: Jdmu Ball@mc00\ (202) 41 8 46’ (202) 418—:82 1 (faix) June 29, 2(07 Fef: 2007—27 Hillary Morgan (7O3 6( 7—6092 Steven W. 1 ett (232) 64"—5 35 Stephen Heifetz (202 262—8973 Louis Brem er (2)2) 69.!—4 35 Lonnie Kishiyama (202 262—9740 Josephine S :ar stt (2)2) 48.! 5 «61 Edward T. Hand (202 5: 4—2464 Kenneth Sc iag in (2)2) 39::—5 :63 Myla S. Trotter (202 32 4—1730 Sigal Mand Iker (2)2) 610—0 73 Jonathan Frenkel (202 262—8478 Dominic Pastore (202 514—5607 Re: Section 21« & 310(b)(4) . nd Cable Lan lir g License Ap; licati n Dear Sir or Madam: Please review the followir 3 p: phcatlc»ns and advise us wt ether you hav : any rational security, law enforcement, fo ‘eign polic: or trade cone :t s by C.O.B. J 1y 1{ , 2007, because we are prepare 1 t« tzke action o i these app.ic: tic as. Electroni: fileo (e—file) applications are able to k e viewed by ; ccessing wwy.fi c.gov/ibfs :ini| searn ching by > the file number. ITC—214—20070621—00241 (efile) 168 Global Networks L LC ‘s ipplication for authority t ) p :ovide global ‘acilit es—based and resale services betvree i t ie United S ates and pern iss ble internatio ial pc ints.. Two citizens of the Philippiies eiuch of whot 1 owns 51% a id 19% of the ap »licar }, respectively. -EC=;Z.1-4=2L)‘O°‘Z.0627..Q.0241 (e—file) ks Corp.‘s application for ~esale authorit / t stween the United States and perm1551b1e 1nternat10nal points. Applicant is incorporated and located in Canada. ITC—214—20070626—00246(e—file) SanCom Wireless Puerto Rico License Co., LLC‘s application for resale authority between the United States and permissible international points. Applicant is indirectly 17.2% owned by a Bermuda corporation, and indirectly 19.3% owned by a Cayman Island‘s corporation.

SCL—LIC—20070621—00009%(e—file) Sydney—Hawaii Cable: An application for authority to construct, land and operate a non—common carrier high capacity fiber—optic submarine cable system extending between Sydney, Australia and Keawaula, Hawaii (Sydney—Hawaii Cable System). Applicant, Telstra Incorporated (Telstra USA), is indirectly wholly—owned by Telstra Corporation Limited (Telstra), an Australian company. The Future Fund Board of Guardians hnolds approximately 17% of leistra‘s shares. Telstra agrees to abide by the Agreement by and between Reach Ltd., Telstra Corporation Limited, and Pacific Century CyberWorks Limited, on the one hand, and the Federal Bureau Investigation, the U.S. Department of Justice, and the U.S. Department of Homeland Security, dated November 29, 2001, as amended. ISP—PDR—20070531—00009(e—file) SES—T/C—20070531—00738 SES—AMD—20070531—00739 SkyWave Mobile Communications, Corp. (SkyWave or the "Petitioner") requests a declaratory ruling thatit is in the public interest for SkyWave to have indirect foreign ownership in excess of the 25 percent benchmark under section 310(b)(4) of the Communications Act of 1934, as amended. Specifically, SkyWave seeks approval for up . to 100% indirect foreign ownership by the foreign individuals and entities named in the petition. In addition, SkyWave seeks approval for foreign ownership that would result from the conversion of warrants and stock options for its ultimate parent company, SkyWave Mobile Communications, Inc. (SMCI). It also seeks approval for the named foreign investors and other foreign investors to acquire up to andincluding an additional, aggregate 25% indirect equity and/or voting interests without seeking further Commission approval under section 310(b)(4). SkyWave has filed a companion application for consent to the pro forma transfer of control ofits blanket mobile earth terminal license (File No. SES—T/C—20070531—00738) and an amendment to its pending Title III applicationto use the Inmarsat 4F2 satellite (SES—AMD—20070531—00739) in its provision of Inmarsat D+ service. SkyWave is a Delaware corporation that is wholly owned by SkyWave Mobile Holdings, Corp. (SMHC), a Delaware holding company. SMHC, in turn, is wholly owned by SMCI, a Canadian corporation. On January 8, 2004, the Commission issued SkyWave a declaratory ruling that approved its 100% indirect foreign ownership by SMCI and SMCI‘s named Canadian shareholders, subject to certain conditions. Public Notice, DA 04—25, 19 FCC Red 275 (IB 2004) (granting ISP—PDR—20030311—00006) (©2004 Ruling"). According to the Petitioner, on April 20, 2007, new shareholders acquired ownership interests in SMCI as part of a new round of financing. Petitioner states that, when these new shareholdings are combined with existing shareholdings not previously approved in the 2004 Ruling, the combined amount exceeds the allowance permitted under the ruling for an additional, aggregate 25% indirect foreign equity and voting interests in SkyWave.

Petitioner seeks approval for the following individuals and entities to hold indirect equity and voting interests in SkyWave, in addition to the shareholders previously approved in the 2004 Ruling: Mahkota SA (organized in Luxembourg with a principal place of business in Luxembourg or Brunei) (25.16%); Partenon Holdings, LLC (U.S.—organized with a principal place of business in Brazil) (2.52%); GTI V, LP and GTI V (NR), LP (both organized and principally conducting business in Canada(collectively, 8.37%); 1168433 Ontario, Inc. (organized and principally conducting business in Canada) (0.26%); and four named Canadian citizens (collectively, 0.69%). SMCI shareholders approved in the 2004 Ruling continue to hold equity and votinginterests as specified in the petition, at levels below those approved in the 2004 Ruling. Petitioner also requests approval for warrants and stock options for SMCI so that these convertible interests can be redeemed without further Commission approval under section 310(b)(4). In particular, MMV Financial, a Canadian corporation with its principal place of business in Canada, holds warrants that, if exercised, would represent an equity and voting interest of approximately 1.29% based on the current number of outstanding shares of SMCI. SkyWave also seeks approval for stock options that have been granted but not exercised under SMCI‘s employee stock option plan. The named individuals that hold granted stock options are citizens of Canada, Brazil, China, Peru, Singapore, Hong Kong, and Mexico. Petitioner asserts that, pursuant to the rules and policies established in the Commission‘s Foreign Participation Order, 12 FCC Red 23891 (1997), Order on Reconsideration, 15 FCC Red 18158 (2000), the indirect foreign equity and voting interests for whichit seeks approval are consistent with the public interest. If we do not hear from you by C.O.B. July 18, 2007, we will assume that youdonot have any concerns with the above listed applications. Sincerely, o aya Z _R George Li, Deputy Chief Policy Division

Page 1 of 1 George Li From: Veronica Garcia—Ulloa Sent: Friday, June 29, 2007 11:03 AM To: ‘robert.eImen@ic.fbi.gov‘; ‘paul.kozak@ic.fbi.gov‘; ‘Amy.Jabloner@usdoj.gov ‘; ‘Dominic.Pastore@usdoj.gov‘; ‘dklein1@leo.gov‘; ‘edward.hand@usdoj.gov‘; ‘hillary.Morgan@disa.mil‘; ‘jscarlett@ntia.doc.gov‘; ‘kschagrin@ustr.gov‘; ‘Louis.brenner@dhs.gov‘; ‘tina.gabbrielli@dhs.gov‘; ‘Brian.williams@associates.dhs.gov‘; ‘joseph.springsteen@usdoj.gov‘; ‘vbharrish@askcalea.net‘; ‘maydc@state.gov‘; ‘lettsw@state.gov‘; ‘Denise.pontacoloni@associates.HQ.DHS.GOV‘; ‘alane.kochems@associates.HQ.DHS.GOV‘; ‘sigal.mandelker@usdoj.gov‘; ‘jonathan.frenkel@dhs.gov‘; ‘Stephen.heifetz@dhs.gov‘; ‘jennifer. Underriner@usdoj.gov‘; ‘Christopher.Siefken@ic.fbi.gov‘; ‘jpifer@leo.gov‘; ‘albert.pinto@hq.dhs.gov‘; ‘DWells@ostp.eop.gov‘; ‘Erica.Bomsey@dhs.gov‘; ‘Alex.Daman@dhs.gov‘; ‘Kishiyama, Lonnie‘ Coc: George Li; Susan OConnell; David Krech; Joann Ekblad; Mikelle Morra; Janeese Parker; Veronica Garcia—Ulloa; Imani Ellis; James Ball Subject: Cover Letter 2007—27 Attachments: Executive Branch 2007—27(1).doc Good Afternoon, Attached is Cover Letter 2007—27. Thank you, Veronica Garcia—Ulloa Veronica.Garcia—Ulloa@fcc.gov International Bureau/ Policy Division 202—418—0481 6/29/2007


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Document Modified: 2019-05-26 18:27:11
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