Attachment 20170613164929-173.p

20170613164929-173.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_1466693

\"MMIQS\“ vrcenimigiity LiX s £V0ON International Bureau E—mail: James.Bs co.goy ISOTgEC.LHC (202) 4 18— 462 (202) 4 18—:82 1 (fax) June 29, 2( 07 tef; 2607—27 Hillary Morgan (70: ) 617—6092 Steven W. : eti (292) 64 1—5 }35 Stephen Heifetz (20£ ) 2. 12—§973 Louis Bren er (292) 69—4 :35 Lonnie Kishiyama (20% ) 2. 12—$5 740 Josephine & :ar ett (292) 48 —5. 161 Edward T. Hand (202 ) 5 4—2464 Kenneth Sc iag in (292) 39. )—5 163 Myla S. Trotter (20% ) 3: 4—1730 Sigal Mand ‘Ikr (292) 61:>—0 i73 Jonathan Frenkel (20% ) 2. 12—8§478 Dominic Pastore (202 15 4—5607 Re: Section 211 & 310(b)( h) ind Cable Lar lit g License Aipj licati n Dear Sir or Madam: Please review the follovit g : pplicatic ns and advise us w! ether you kav : a 1y national security, law enforcemnt fcreign poicy or trade conc »rt s by C.O.B. J 11y 1{}, 2007, because we are prepared t ) t; ke actioni 0: 1 these app ic: ticus. Electroni:filee (e—file) applications are able 1to 1 e viewed by ; ccessing w w1 :.{ c.gov/ibds ani| searching by > the file number. ITC—214—20070621—0024; (e file) 168 Global Networks L LC ‘s applicati on for authori‘y 1 > ; rovide global ‘acilit es—based and resale services betiree a t ie Unite1 S :ates and pern is: ible internatio ial pc ints.. Two citizens of the Philippine: , e ich of whot1i owns 51% a 1d 49% of the applizart, respectively. Jfl?GaZJA:ZflO.ZD.fiLLfl.OZAJ (e—file) orks Corp.‘s application for —esale authorit y between the United States and pernns51ble 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 holds approximately 17%of Leistra‘s shares. Telstra agrees to abide bythe 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 HomelandSecurity, 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. (SkyWaveor 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 hasfiled 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 application to 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 which it seeks approval are consistent with the public interest. If we do not hear from you by C.0O.B. July 18, 2007, we will assume that you do not have any concerns with the above listed applications. Sincerely, George Li, Deputy Chief Policy Division

age 1 of 1 7 e 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‘ Co: 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@fcec.gov International Bureau/ Policy Division 202—418—0481 6/29/2007

Page 1 of 2 JoAnn Sutton From: Jonathan S. Marashlian [[sm@commlawgroup.com|] Sent: Friday, November 21, 2008 12:31 PM To: Siobhan.Dupuy @usdoj.gov Co: David Krech; Susan OConnell; George Li; JoAnn Sutton; Alex.Daman@dhs.gov; joseph.springsteen@usdoj.gov; Louis.brenner@dhs.gov; jpifer@leo.gov; Amy.Jabloner@usdoj.gov; Lonnie.Kishiyama@dhs.gov; greg.pinto@dhs.gov; Veronica Garcia—Ulloa; Mikelle Morra Subject: RE: FCC Section 214 Removed From Streamlined Siobhan — Has there been any news on Nortel‘s FCC 214 Application? Can you provide me with any idea how much longer Nortel must wait before the Executive Branch completesits national security review? We are now over a year and one—month since the submission of Nortel‘s initial responses to Team Telecom‘s triage questions and several months have now passed since responses to Team Telecom‘s follow—up questions were provided (August 2008). All told, we are approaching 18 months since Nortel filed its Application with the Federal Communications Commission. An update on status and perhaps some good news I could share with my client would be appreciated. As we have previously explained, Nortel stands prepared to move rapidly towards execution of either an Assurances Letter or National Security Agreement, whichever the Executive Branch determines is necessary. Respectfully, Jonathan Jonathan S. Marashlian Helein & Marashlian, LLC The CommLaw Group 1483 Chain Bridge Road, Suite 301 MclLean, Virginia 22101 Office Tel: 703—714—1313 Office Fax: 703—714—1330 E—Fax: 703—991—2557 E—Mail: jism@CommLawGroup.com Website: www.CommLawGroup.com From: Mikelle Morra [mailto: Mikelle.Morra@fcc.gov] Sent: Friday, July 20, 2007 12:18 PM To: mcfarquhar@hhlaw.com; jalexander@suncom.com; jsm@commlawgroup.com; clmorfe@nortel.com Co: David Krech; Susan OConnell; George Li; Joann Ekblad; Mikelle Morra; Alex.Daman@dhs.gov; joseph.springsteen@usdoj.gov; Louis.brenner@dhs.gov; jpifer@leo.gov; Amy.Jabloner@usdoj.gov; Lonnie.Kishiyama@dhs.gov; greg.pinto@dhs.gov; Veronica Garcia—Ulloa Subject: FCC Section 214 Removed From Streamlined SunCom Wireless Puerto Rico License Co., LLC ITC—214—20070626—00246 11/21/2008

Page 2 of 2 Nortel Networks Corporation "fi (f(—‘:f"/l:,}f A—Inn7N6>7—DNn>as—— The above referenced applications were placed on Public Notice on July 6, 2007 for streamlined processing. Since the Public Notice was released, the Commission has been requested by the Executive Branch agencies of the United States that we remove the subject applications from streamlined processing because of foreign ownership issues. Therefore, pursuant to Section 63.12 (c)(3) of the Commission‘s Rules, we have removed these applications from streamlined processing. Please be advised that your company may not commence operations until the Section 214 authorization is granted. See Section 63.12(d) of the rules, 47 C.F.R. Section 63.12(d). The Executive Branch will contact you or the "Contact" listed on your application directly for further information. You can be assured that your application will be processed expeditiously upon completion of Executive Branch‘s review. We will notify you by e—mail when your application is granted. The Public Notice Report No. TEL—O1170S (released July 20, 2007), is attached. If you have any questions, please email: Mikelle.Morra@fce.gov, JoAnn.Ekblad@fce.gov, Susan.Oconnell@fce.gov, David.Krech@fce.gov, and George.Li@fcc.gov or fax to 202—418—2824. Thank you. Mikelle Morra International Bureau Policy Division 418—7151 11/21/2008


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