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 Federal  Communications  Commission  DA  03-  138 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 AMP  Life  Limited  Transferor 


 And 
 Chandalar  Communications  Corporation  Transferee 


 Application  for  Authority  to  Transfer  Control  of  Cable  Landing  Licenses  Held  by  Northstar 
 Communications,  L.  L.  C.,  Debtor  in  Possession 


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 File  No.  SCL-  T/  C-  20020422-  00119 


 ORDER 
 Adopted:  January  15,  2003  Released:  January  16,  2003 
 By  the  Chief,  International  Policy  Division 


 1.  By  this  order  we  grant  the  request  of  Chandalar  Communications  Corporation  (“  Chandalar”)  to  dismiss,  without  prejudice,  the  above-  captioned  application.  Chandalar  filed  the  application  on  April  22, 
 2002,  seeking  authorization  to  transfer  control  of  Alaska  Northstar  Communications,  L.  L.  C.  (“  ANC”),  Debtor-  in-  Possession,  the  holder  of  two  Cable  Landing  Licenses,  to  Chandalar.  ANC,  together  with  its 
 parent,  WCI  Cable,  Inc.  (“  WCI”  or,  collectively  with  ANC,  the  “Debtors”),  a  Delaware  corporation  the  majority  of  the  stock  of  which  is  owned  by  an  Australian  insurer,  AMP  Life  Limited  (“  AMP”),  filed  a 
 voluntary  petition  for  relief  and  reorganization  under  Chapter  11  of  the  federal  bankruptcy  laws  1  in  the  United  States  Bankruptcy  Court  for  the  District  of  Oregon.  2  AMP,  the  Debtors  and  Neptune  Communications, 
 L.  L.  C.  (“  Neptune”)  had  previously  filed  applications  to  transfer  control  of  the  subject  licenses  to  Neptune.  3  On  April  4,  2002,  the  Commission  granted  that  application  by  Public  Notice,  recognizing  the  existence  of  at 


 1  11  U.  S.  C.  §§  101  et  seq. 
 2  Bank.  Ct.  Case  No.  301-  38242-  rld  1  (U.  S.  Dist.  Ct.  Oregon) 
 3  WCI  Cable,  Inc.,  as  Debtor-  in-  Possession,  Assignor,  Northstar  License  Corporation,  Assignee,  AMP  Life 
 Limited,  Transferor,  Neptune  Communications,  L.  L.  C.,  Transferee,  Application  for  Assignment  of  Section  214  Authority  and  Transfer  of  Control  Over  Grantee  of  Section  214  Authority,  File  Nos.  SCL-  T/  C-  20020123-  00002, 


 SCL-  ASG-  20020123-  00003,  filed  January  23,  2002. 
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 Federal  Communications  Commission  DA  03-  138 
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 least  one  competing  bidder  and  noting  that  Neptune  might  not  ultimately  succeed  in  acquiring  the  Debtor’s  assets.  4 
 2.  On  May  7,  2002,  Neptune  filed  a  Petition  to  Dismiss  Chandalar’s  application,  alleging  a  variety  of  deficiencies  in  the  application  that  rendered  it  unacceptable  for  filing,  5  and  a  Petition  to  Deny,  alleging  that 
 the  application  is  incomplete  and  that  Chandalar  has  failed  to  apprise  the  Commission  of  material  changes  in  the  bankruptcy  proceedings.  6  On  June  19,  2002,  Chandalar  filed  a  Response  to  Neptune’s  Petition  to  Dismiss, 
 in  which  it  contested  the  deficiencies  that  Neptune  had  cited  in  its  application  and  provided  information  about  events  that  had  occurred  since  the  filing  of  its  application.  7  Subsequently,  on  December  23,  2002,  Chandalar 
 filed  a  Notice  of  Withdrawal  of  its  April  22  application.  8  In  that  Notice,  Chandalar  states  that  it  seeks  authority  to  withdraw,  without  prejudice,  its  request  to  transfer  control  of  ANC  to  Chandalar.  Neptune  did 
 not  file  in  response  to  Chandalar’s  Notice. 
 3.  After  reviewing  Chandalar’s  Notice,  we  grant  its  request  to  withdraw  the  subject  application.  The  withdrawal  of  Chandalar’s  application  has  rendered  moot  Neptune’s  Petition  to  Dismiss  and  Petition  to  deny 


 the  subject  application.  Accordingly,  we  shall  dismiss  those  petitions. 
 4.  Accordingly,  IT  IS  ORDERED  that  the  above-  referenced  application  of  Chandalar  Communications  Corporation  is  GRANTED  and  Chandalar  has  authority  to  withdraw  its  application,  without 


 prejudice. 
 5.  IT  IS  FURTHER  ORDERED  that  Neptunes’s  May  7,  2002,  Petition  to  Dismiss  and  Petition  to  Deny  Chandalar’s  application  are  DISMISSED  as  moot. 


 Federal  Communications  Commission 


 James  L.  Ball 
 Chief,  International  Policy  Division 


 4  Public  Notice,  DA  02-  762,  April  4,  2002,  at  2. 
 5  Neptune  Communications,  L.  L.  C.,  Petition  to  Dismiss,  filed  May  7,  2002. 
 6  Neptune  Communications,  L.  L.  C.,  Petition  to  Deny,  filed  May  7,  2002. 
 7  Chandalar  Communications  Corporation,  Chandalar  Communications  Corporation  Response  to  Neptune 
 Communications,  LLC’s  Petition  to  Dismiss,  filed  June  19,  2002.  8 
 Chandalar  Communications  Corporation,  Chandalar  Communications  Corporation’s  Notice  of  Withdrawal  of  Application,  filed  December  23,  2002. 
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