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. 07-1986 Thursday May 3, 2007SCL-00029 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 SCL-ASG-20070131-00004 P Date of Action: 05/02/2007 TO: Action Taken: Grant of authority for the pro forma assignment of the interest in the America-Canada-1 (AmeriCan-1) submarine cable landing license, SCL-LIC-19980123-00002, held by BCE Nexxia Corporation (BCE Nexxia) to Marine Cable Corporation (Marine Cable). BCE Nexxia, a joint licensee of AmeriCan-1, holds an undivided 25% interest in landing stations and in the transmission capacity of AmeriCan-1, which lands in Seattle, Washington and Victoria, British Columbia, Licensee Information: BCE Nexxia and Marine Cable are both direct, wholly-owned subsidiaries of BCE Holding Corporation, which is in turn a wholly-owned indirect subsidiary of BCE Inc. On December 31, 2006, without prior Commission authorization (see Fonorola Fiber Development Inc., LedCor Industries Inc., SCL-98-001, Cable Landing License, 13 FCC Rcd 15663, para. 16(5) (TD/IB 1998)), as part of an internal restructuring of BCE Holding Corporation, BCE Nexxia assigned its interests in the AmeriCan-1 cable to Marine Cable. BCE Nexxia and Marine Cable continue to be direct, wholly-owned subsidiaries of BCE Holding and indirect, wholly-owned subsidiaries of BCE Inc. Conditions and Requirements: See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663 (TD/IB 1998) modified 14 FCCR 1961 (TD/IB 1998), modified 14 FCC Rcd 4507 (TD/IB 1999), modified 15 FCC Rcd 3057 (TD/IB 2000). Licensee 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. Regulatory Status of Cable: The AmeriCan-1 Cable System is operated on a non-common carrier basis. See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663, paras. 1, 7, 16. Cable Design and Capacity: See Fonorola Fiber Development Inc., Ledcor Industries, Inc., File No. SCL-98-001, Cable Landing License, 13 FCC Rcd 15663, para. 6, modified 14 FCCR 1961, para. 7. BCE Nexxia Corporation Grant of Authority FROM: Current Licensee: Marine Cable Corporation BCE Nexxia Corporation Assignment Marine Cable Corporation Page 2 of 3 SCL-T/C-20070309-00007 P Date of Action: 05/02/2007 TO: Action Taken: Grant of authority for the pro forma transfer of control of the non-common carrier submarine cable landing license for the FLAG Atlantic-1 cable system, SCL-LIC-19990301-00005, held by FLAG Telecom Group Limited (FLAG), an indirect wholly-owned subsidiary of Reliance Communications Limited (RCOM). The FLAG Atlantic-1 cable system extends between the continental United States and the United Kingdom and France. Licensee Information: FLAG Telecom Group Limited (FLAG), an entity created under the laws of Bermuda, is a wholly-owned subsidiary of Reliance Gateway Net Limited (RGNL), an Indian company. RGNL, in turn is a direct wholly-owned subsidiary of RCOM. On March 9, 2007, FLAG notified the Commission that as part of a corporate reorganization that consolidates further the holdings of the principal shareholders of RCOM, Mr. Ambani's ownership interest in Reliance Innoventures Limited (RIVL), a company that holds a 63.98% indirect interest in RCOM and, in turn, FLAG, increased to 67%. As a result of the corporate reorganization, Mr. Ambani now holds de jure as well as de facto control over FLAG. Conditions and Requirements: See FLAG Atlantic Limited, Application for a License to Land and Operate in the United States a Private Fiber Optic Submarine Cable System Extending Between the United States and the United Kingdom and France, Cable Landing License, File No. SCL-LIC-19990301-00005, DA 99-2041, 15 FCC Rcd 21359, 21363-64, para. 15 (Int'l Bur. 1999); Actions Taken Under Cable Landing License Act, SCL-MOD-20040211-00005, SCL-MOD-20040211-00006, Public Notice, 19 FCC Rcd 20344 (2004) (modifying conditions to add new pro forma condition and no special concession 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. Regulatory Status of Cable: The Flag Atlantic-1 cable system operates on a non-common carrier basis. See Cable Landing License, File No. SCL-LIC-19990301-00005, 15 FCC Rcd 21359, para. 1. Cable Design and Capacity: See Cable Landing License, File No. SCL-LIC-19990301-00005, 15 FCC Rcd 21359, 21360, para. 4, 21366, Exhibit A; see also FLAG Atlantic-1 Landing Point Notification, File No. SCL-LPN-19991228-00025 (filed Dec. 28, 1999). Anil Ambani Grant of Authority FROM: Current Licensee: Anil Ambani FLAG Telecom Group Limited Transfer of Control FLAG Telecom Group Limited Page 3 of 3