Public Notice TEL00525NS

Accepted for Filing Non-Streamlined Public Notice

International Telecommunications

2002-05-01

FCC.report > IB > Public Notices > TEL00525NS

Filings Included

File NumberService
ISP-PDR-20020313-00011International Telecommunications
IBFS_PN_257769

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-00525NS Wednesday May 1, 2002 NON STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING Section 214 Applications (47 C.F.R. § 63.18); Cable Landing License Applications (47 C.F.R. § 1.767); Authorize Switched Services over Private Lines (47 C.F.R. § 63.16) and Section 310(b)(4) Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing. These applications are not subject to the streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12. These applications shall not be deemed granted until the Commission affirmatively acts upon the application, either by public notice or by written order. Operation for which authorization is sought may not commence except in accordance with any terms or conditions imposed by the Commission. Unless otherwise specified, interested parties may file comments with respect to these applications within 28 days of the date of this public notice. We request that such comments refer to the application file number shown below. Ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission’s rules for “permit-but-disclose proceedings.” See 47 C.F.R. § 1.1206. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission’s rules, regulations, and other requirements. Page 1 of 2

ISP-PDR-20020313-00011 IWL COMMUNICATIONS INC DBA CAPROCK SERVICES CORP Petition for Declaratory Ruling Request filed by CapRock Communications Corp. ("CCC") and CapRock Holdings, Inc. ("CapRock Holdings") (collectively, "Applicants") to exceed the 25 percent indirect foreign ownership benchmark in Section 310(b)(4) of the Communications Act of 1934, as amended. On March 13, 2002, CCC and CapRock Holdings filed applications to transfer control of certain Commission licenses held by IWL Communications, Inc. d/b/a CapRock Services Corp. ("IWL") and its subsidiary Spacelink Systems, Inc. (collectively, "IWL") from CCC to CapRock Holdings. According to the IWL-CapRock applications, IWL is authorized by the Commission to operate various private microwave, common carrier microwave, and private land mobile stations, as well as satellite earth stations. The applications were filed in connection with the proposed stock acquisition of IWL by CapRock Holdings. According to Applicants, CapRock Holdings is a U.S. corporation controlled (87.5 percent) by 2000 Riverside Capital Appreciation Fund, L.P., ("Riverside"). Applicants state that Riverside has three foreign investors that are limited partners holding, in the aggregate, less than 10 percent of Riverside's equity. According to the application, these limited partners are passive institutional investors that neither exercise control of Riverside nor are actively involved in the affairs of Riverside. Applicants request approval of this foreign ownership, to the extent the Commission determines that it triggers the 25 percent foreign ownership benchmark in Section 310(b)(4) of the Act. Applicants assert that, pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the "home markets" of the named foreign investors, Länsförsäkringar Wasa Försäkringsaktiebolag (publ), Pension Private Equity K/S II, and Mackerel Multi-Manager Limited, are Sweden, Denmark, and the British Virgin Islands or Bermuda, respectively, which are WTO members. REMINDER: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001–.2003. The Commission most recently amended its rules applicable to international telecommunications common carriers in IB Docket No. 98-118, Review of International Common Carrier Regulations, FCC 99-51, released March 23, 1999, 64 Fed. Reg. 19,057 (Apr. 19, 1999). An updated version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. Page 2 of 2


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