*Pages 1--6 from Microsoft Word - 40772* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov DA 04- 2421 Released: July 30, 2004 SATAMATICS, INC, SATAMATICS WORLDWIDE LIMITED, AND RICHTEC PLC SEEK FCC CONSENT TO TRANSFER CONTROL OF LICENSES AND AUTHORIZATIONS AND A DECLARATORY RULING ON FOREIGN OWNERSHIP PLEADING CYCLE ESTABLISHED IB Docket No. 04- 285 Petitions Due: August 30, 2004 Oppositions Due: September 9, 2004 Replies Due: September 14, 2004 I. INTRODUCTION Satamatics Worldwide Limited (“ Satamatics Worldwide”), and Richtec PLC (“ Richtec” and collectively with Satamatics Worldwide, the “Applicants”) have filed applications seeking Commission approval to transfer control of an earth station license and domestic and international section 214 authorizations from Richtec to Satamatics Worldwide. Satamatics, Inc. (“ Satamatics”) requests a declaratory ruling that its proposed indirect foreign investment would be consistent with the public interest. Satamatics provides INMARSAT D+ services pursuant to domestic and international section 214 authority and a blanket satellite earth station license. 1 Satamatics, a Delaware corporation, is a wholly- owned subsidiary of Satamatics Holdings, Inc. (“ SHI”), also a Delaware Corporation. SHI is currently a wholly- owned subsidiary of Richtec, which is incorporated under the laws of England and Wales. 2 Pursuant to a stock purchase agreement, Richtec proposes to transfer control of SHI and its subsidiary, Satamatics, to Satamatics Worldwide, 1 According to the Applicants, INMARSAT D+ service is a low cost, low data rate two- way short messaging and tracking system. 2 The Commission approved the indirect foreign ownership of Satamatics by Richtec in 2003. See International Authorizations Granted, Report No. TEL- 00673, 18 FCC Rcd 10734, 10735 (2003) (through a corporate restructuring subsequent to that approval, the authorization was assigned to Satamatics, Inc.). 1 2 which is incorporated under the laws of England and Wales. Satamatics requests a declaratory ruling that it would be in the public interest for Satamatics to have indirect foreign ownership in excess of 25 percent. Satamatics states that it will continue to be a wholly- owned subsidiary of SHI, and that after the transfer of control SHI will be a wholly- owned subsidiary of Satamatics Worldwide. Satamatics Worldwide is owned by four citizens of the United Kingdom (with ownership interests ranging from 7 percent to 13.12 percent) and by two privately held companies, Canterbury Limited and Liverpool Limited (each with a 28.43 percent ownership interest). Canterbury Limited and Liverpool Limited, which are registered in St. Vincent and the Grenadines, are wholly and ultimately controlled by a citizen of Liechtenstein. The United Kingdom, St. Vincent, the Grenadines, and Liechtenstein are all World Trade Organization (“ WTO”) member countries. Satamatics seeks a ruling that it is permitted to have a total of 100 percent indirect foreign ownership by Satamatics Worldwide and its shareholders. In addition, Satamatics seeks approval to have up to and including an additional aggregate 25 percent indirect ownership interest from other unnamed foreign investors. The Applicants state that the approval of the transfers of control will serve the public interest. They state that the proposed transaction will have little impact on the day- to- day operations of SHI and Satamatics, but will produce efficiencies in the business and financial operations of the corporate structure above Satamatics. The applications associated with this proposed transfer of control have been assigned the following file numbers: (1) the Petition for Declaratory Ruling under Section 310( b)( 4): File Number ISP- PDR-20040715- 00006. (2) the earth station application: File Number Transferor Transferee Licensee Call Sign SES- T/ C- 20040715- 01000 Richtec PLC Satamatics Worldwide Limited Satamatics, Inc. E020074 (3) the international section 214 authorization: File Number Transferor Transferee Licensee Authorization Number ITC- T/ C- 20040715- 00293 Richtec PLC Satamatics Worldwide Limited Satamatics, Inc. ITC- 214- 20020228- 00160 Applicants also filed an application for consent to transfer control of domestic section 214 authority for Satamatics, Inc. from Richtec PLC to Satamatics Worldwide Limited. Applicants request that to the extent any pending applications or any subsequently filed 2 3 applications for new facilities or for renewal or modification of existing facilities, are granted prior to the closing of this transaction that grant of the transfer of control would include authority for Satamatics Worldwide to acquire control of any subsequently granted authorizations or licenses. Applicants also request streamlined treatment for the transfer of control of the domestic and international section 214 authorizations pursuant to sections 63.03( b)( 2)( i) and 63.12 of the Commission’s rules. 3 We find, however, that streamlined treatment is inappropriate here because the applicants have filed related applications under Title III as well as a petition for declaratory ruling pursuant to section 310( b)( 4), which are unlikely to be resolved within the time periods for streamlined domestic and international section 214 applications. GENERAL INFORMATION The assignment applications filed by the Applicant have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules or policies. Final action on these applications will not be taken earlier than thirty- one days following the date of this Public Notice. 4 Interested parties must file petitions to deny no later than August 30, 2004. Oppositions to such pleadings must be filed no later than September 9, 2004. Replies to such pleadings must be filed no later than September 14, 2004. All filings concerning matters referenced in this Public Notice should refer to IB Docket No. 04- 285, as well as the specific file numbers of the individual applications or other matters to which the filings pertain. Under the Commission’s current procedures for the submission of filings and other documents, 5 submissions in this matter may be filed electronically (i. e., though ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. 3 47 C. F. R. §§ 63.03( b)( 2)( i), 63.12. 4 See 47 U. S. C. § 309( b). 5 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd. 21,483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22,165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 16,705 (2003). 3 5 5 6 (6) William Dever, Competition Policy Division, Wireline Competition Bureau, at William. Dever@ fcc. gov or (202) 418- 1413 (facsimile). Copies of the applications and any subsequently- filed documents in this matter may be obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 488- 5300, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. The applications and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S. W., Room CY-A257, Washington, D. C. 20554. The applications are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. Alternate formats of this public notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418- 7426 (voice), (202) 418- 7365 (TTY), or send an e- mail to access@ fcc. gov. For further information, contact JoAnn Lucanik, Satellite Division, International Bureau, at (202) 418- 0719 or David Krech, Policy Division, International Bureau, at (202) 418- 1460. -FCC- 6