*Pages 1--3 from C:\Pdf2Text\Ready4Text_in\pdf\51245.pdf* 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 DA No. 05- 2353 Tuesday August 30, 2005 SCL- 00006 Report No. Section 1.767( a) Cable Landing Licenses, Modifications, and Assignments or Transfers of Control of Interests in Cable Landing Licenses (47 C. F. R. § 1.767( a)) ACTIONS TAKEN UNDER CABLE LANDING LICENSE ACT By the Chief, Policy Division, International Bureau: Pursuant to An Act Relating to the Landing and Operation of Submarine Cables in the United States, 47 U. S. C. §§ 34- 39 (Cable Landing License Act), Executive Order No. 10530, Exec. Ord. No. 10530 reprinted as amended in 3 U. S. C. § 301, and section 1.767 of the Commission's rules, 47 C. F. R. § 1.767, the following applications ARE GRANTED. These grants of authority are taken under section 0.261 of the Commission's rules, 47 C. F. R. § 0.261. Petitions for reconsideration under section 1.106 or applications for review under section 1.115 of the Commission's rules, 47 C. F. R. §§ 1.106, 1.115, may be filed within 30 days of the date of this public notice. This public notice serves as each cable landing licensee's Cable Landing License, or modification thereto, pursuant to the Cable Landing License Act and sections 1.767 and 1.768 of the Commission's rules. Cable landing licensees should review carefully the terms and conditions of their licenses. Failure to comply with these terms and conditions or relevant Commission rules and policies could result in fines or forfeitures. The Commission most recently amended its rules applicable to submarine cable landing licenses in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00- 106, FCC 01- 332, 16 FCC Rcd 22167 (2001), 67 Fed. Reg. 1615 (Jan. 14, 2002). An updated version of sections 1.767 and 1.768 of the rules is available at http:// www. fcc. gov/ ib/ pd/ pf/ telecomrules. html. See also http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ DA- 02- 598A1. pdf for a March 13, 2002 Public Notice; http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ FCC- 01- 332A1. pdf for the December 14, 2001 Report and Order. Page 1 of 3 1 SCL- T/ C- 20050609- 00014 E Date of Action: 08/ 29/ 2005 TO: TRANSFER OF CONTROL Action Taken: Grant of authority to transfer control of the non- common carrier submarine cable landing license for the ARCOS- 1 cable system (File No. SCL- LIC- 19981222- 00032) held jointly by A. Sur Net, Inc. and its parent, ARCOS- 1 USA, Inc. from Barclays Bank PLC to Columbus Communications Inc. The ARCOS- 1 landing points are in the United States (Florida), Bahamas, Turks & Caicos, Dominican Republic, Curaçao, Venezuela, Colombia, Panama, Costa Rica, Nicaragua, Honduras, Guatemala, Belize and Mexico. Conditions and Requirements: See ARCOS- 1 USA, Inc., Application for a License to Land and Operate in the United States a Private Fiber Optic Submarine Cable System Extending Between the United States Mainland, The Bahamas, the Turks and Caicos Islands, the Dominican Republic, Puerto Rico, Curacao, Venezuela, Colombia, Panama, Costa Rica, Nicaragua, Honduras, Guatemala, Belize and Mexico, Cable Landing License, File No. SCL- LIC- 19981222- 00032, 14 FCC Rcd 10597 (TD/ IB 1999). See also ARCOS- 1 USA, Inc., Com Tech International Cable Corporation, Telecomunicaciones Ultramarinas de Puerto Rico; Application for Authority to Modify a Cable Landing License, File No. SCL- MOD- 20010302- 00007, 16 FCC Rcd 15781 (PD/ IB 2001)( Application to add Com Tech International Cable Corporation (now known as A. Sur Net) and Telecomunicaciones Ultramarinas de Puerto Rico, Inc. to the cable landing license); Actions Taken Under Cable Landing License Act, Public Notice, 17 FCC Rcd 18389 (PD/ IB 2002) (modifying conditions to add new pro forma condition and no special concessions condition set out in 47 C. F. R. 1.767( g)( 5) , (7)). Licensees shall comply with the requirements of Section 1.768 (notifications and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier), 47 C. F. R. § 1.768. See also 47 C. F. R. § 1.767( g) (1) (14). Licensee Information: ARCOS- 1 USA and A. Sur Net are joint licensees for the ARCOS- 1 cable, with A. Sur Net being the landing party for the United States. A. Sur Net is a corporation organized and existing under the laws of the State of Delaware, and is a wholly owned subsidiary of ARCOS- 1 USA. ARCOS- 1 USA is a corporation organized and existing under the laws of the State of Delaware, and is a wholly owned subsidiary of New World Network, Ltd., a Bermuda company. New World Network, Ltd., together with its direct and indirect wholly- owned operating subsidiaries, owns an undivided interest of 88.2 percent in, and operates the ARCOS- 1 system. New World Network, Ltd is itself a wholly owned subsidiary of New World Network International, Ltd., a Bermuda company. New World Network International, Ltd. is a subsidiary of Barclays Bank PLC. Columbus Communications Inc. (" Columbus") will acquire control of New World Network, Ltd., and thereby acquire control over the ARCOS- 1 cable system and its licensees, ARCOS- 1 USA, Inc. and A. Sur Net, Inc. Columbus is a corporation organized under the laws of Barbados. Columbus already controls a cable landing licensee - Caribbean Crossing Ltd., which operates the Bahamas Internet Cable System between the United States and The Bahamas. Columbus is controlled by Ironbound Holdings (Barbados) Limited (" Ironbound"), also a corporation organized under the laws of Barbados. Ironbound is controlled primarily by Canadian citizens and corporations. Indirect ownership of Ironbound is also held by entities in Luxembourg and Iceland. The remaining interest in Columbus is owned by Fortune Bay Holdings, a Bahamas company, which in turn is wholly- owned by Brendan Paddick, a citizen of Barbados. Columbus certifies that it is not a foreign carrier and that it is affiliated with Caribbean Crossings, which is deemed a foreign carrier by virtue of its ownership and control of the Bahamas Internet Cable System landing station in The Bahamas. Interlocking Directorates: Brendan Paddick, a Director of Columbus, also serves as a Director of Caribbean Crossings. Regulatory Status of Cable: The ARCOS- 1 System will continue to be operated on a non- common carrier basis. See File No. SCL- LIC- 19981222- 00032, 14 FCC Rcd 10597 (TD/ IB 1999). Cable Design and Capacity: See File No. SCL- LIC- 19981222- 00032, 14 FCC Rcd 10597 (TD/ IB 1999). Barclays Bank PLC Grant of Authority FROM: Current Licensee: Columbus Communications Inc. ARCOS- 1 USA, Inc. & A. SurNet, Inc. Transfer of Control ARCOS- 1 USA, Inc. & A. SurNet, Inc. Page 2 of 3 2 Page 3 of 3 3