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. 08-2132 Wednesday September 24, 2008SCL-00076 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-T/C-20080602-00014 P Date of Action: 09/22/2008 TO: Acceptability for Filing Public Notice: See Telecomunicaciones Ultramarinas de Puerto Rico Application for the Pro Forma Transfer of Control of the interest in the MAYA-1 Cable System, SCL-LIC-19990325-00006, Streamlined Submarine Cable Landing License Applications Accepted for Filing Public Notice, Report No. SCL-00073S (IB rel. August 14, 2008). No opposition or other comments were filed in response to the Public Notice. The Application has been coordinated with the Department of State and other Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules, 47 C.F.R. §1.767(b), and consistent with procedures established with the Department of State. See Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 22167 (2001) (Submarine Cable Licensing Report and Order); Streamlined Procedures for Executive Branch Review of Submarine Cable Landing License Requests, Media Note (Revised) (rel. Dec. 20, 2001) available at http://www.state.gov/r/pa/prs/ps/2001/6951.htm. Actions Taken: Grant of Authority to transfer control of the interest in the MAYA-1 Cable System, SCL-LIC-19990325-00006, held by Telecomunicaciones Ultramarinas de Puerto Rico, Inc. (Ultracom) from its 100% parent, the Puerto Rico Telephone Authority (PRTA), to PREPA Networks Corp. (PREPA.Net). The MAYA-1 Cable System extends between the United States, the Cayman Islands, Colombia, Costa Rica, Honduras, Mexico and Panama. Ultracom holds a 0.09969% voting interest in the MAYA-1 Cable System. Licensee Information: Pursuant to a stock purchase agreement executed on February 28, 2008, PREPA.Net will acquire all the outstanding shares of common stock of Ultracom owned by PRTA. Ultracom will become a wholly-owned subsidiary of PREPA.Net. PRTA is a government entity of the Commonwealth of Puerto Rico, created by Puerto Rico Public Law No. 25. The Puerto Rico Electric Power Authority (PREPA) is a public corporation and is also a government entity of the Commonwealth of Puerto Rico, created by Puerto Rico Public Law No. 83. PREPA is the sole owner and shareholder of PREPA.Net, a corporation created and existing under Puerto Rico Public Law No. 144. Conditions and Requirements: See AT&T Corp et al. Joint Application for a License to Land and Operate a Digital Submarine Cable System Between the United States, the Cayman Islands, Colombia, Costa Rica, Honduras, Mexico and Panama , the MAYA-1 Cable Network, Cable Landing License, File No. SCL-LIC-19990325-00006, 14 FCC Rcd 19456, 19460-62, para. 12 (TD/IB 1999) (MAYA-1 Cable Landing License Order). PREPA.Net 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 MAYA-1 Cable System operates on a common carrier basis. See MAYA-I Cable Landing License Order, 14 FCC Rcd at 19457, para. 4; see also AT&T Corp et al. Joint Application for Authorization Pursuant to Section 214 of the Communications Act of 1934, as Amended to Construct, Acquire, and Operate Capacity in a Digital Submarine Cable System, the MAYA-1 Cable Network, ITC-214-19990325-00153, Memorandum Opinion, Order and Authorization, 14 FCC Rcd 19449 (TD/IB 1999) (section 214 authority to construct and operate the MAYA-1 Cable Network). Cable Design and Capacity: See MAYA-1 Cable Landing License Order, 14 FCC Rcd at 19457-58, paras 5-6. Puerto Rico Telephone Authority c/o Government Development Bank for Puerto Rico Grant of Authority FROM: Current Licensee: PREPA Networks Corp. Telecomunicaciones Ultramarinas de Puerto Rico Transfer of Control Telecomunicaciones Ultramarinas de Puerto Rico Page 2 of 3 SCL-T/C-20080618-00013 P Date of Action: 09/22/2008 TO: Acceptability for Filing Public Notice: See Telecomunicaciones Ultramarinas de Puerto Rico Application for the Pro Forma Transfer of Control of the interest in the AMERICAS-II Cable System, SCL-LIC-19980403-00006 (Old File Nos. SCL-98-003, SCL-98-003A), Streamlined Submarine Cable Landing License Applications Accepted for Filing Public Notice, Report No. SCL-00073S (IB rel. August 14, 2008). No opposition or other comments were filed in response to the Public Notice. The Application has been coordinated with the Department of State and other Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules, 47 C.F.R. §1.767(b), and consistent with procedures established with the Department of State. See Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 22167 (2001) (Submarine Cable Licensing Report and Order); Streamlined Procedures for Executive Branch Review of Submarine Cable Landing License Requests, Media Note (Revised) (rel. Dec. 20, 2001) available at http://www.state.gov/r/pa/prs/ps/2001/6951.htm. Actions Taken: Grant of Authority to transfer control of the interest in the AMERICAS-II Cable System, SCL-LIC-19980403-00006 (Old File No. SCL-98-003, SCL-98-003A), held by Telecomunicaciones Ultramarinas de Puerto Rico, Inc. (Ultracom) from its 100% parent, the Puerto Rico Telephone Authority (PRTA), to PREPA Networks Corp. (PREPA.Net). The AMERICAS-II Cable System extends between Florida, Puerto Rico, and the U.S. Virgin Islands, Martinique, Curacao, Trinidad, Venezuela, French Guiana and Brazil. Ultracom holds a 0.156% voting interest in the AMERICAS-II Cable System. Licensee Information: Pursuant to a stock purchase agreement executed on February 28, 2008, PREPA.Net will acquire all the outstanding shares of common stock of Ultracom owned by PRTA. Ultracom will become a wholly-owned subsidiary of PREPA.Net. PRTA is a government entity of the Commonwealth of Puerto Rico, created by Puerto Rico Public Law No. 25. The Puerto Rico Electric Power Authority (PREPA) is a public corporation and is also a government entity of the Commonwealth of Puerto Rico, created by Puerto Rico Public Law No. 83. PREPA is the sole owner and shareholder of PREPA.Net, a corporation created and existing under Puerto Rico Public Law No. 144. Conditions and Requirements: See AT&T Corp et al. Joint Application for a License to Land and Operate a Digital Submarine Cable System Among Florida, Puerto Rico, the U.S. Virgin Islands, Martinique, Curacao, Trinidad, Venezuela, French Guiana and Brazil, the AMERICAS-II Cable System, File Nos. SCL-98-003, SCL-98-003A, Cable Landing License, 13 FCC Rcd 22541, 22545-47, para. 14 (TD/IB 1998) (AMERICAS-II Cable Landing License Order). PREPA.Net 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 AMERICAS-II Cable System operates on a common carrier basis. See AMERICAS-II Cable Landing License Order, 13 FCC Rcd at 22542, para. 3; see also AT&T Corp et al. Joint Application for Authorization Pursuant to Section 214 of the Communications Act of 1934, as Amended to Construct, Acquire, and Operate Capacity in a Digital Submarine Cable System, the AMERICAS-II Cable System, File Nos. ITC-98-342, ITC-98-342A, Memorandum Opinion, Order and Authorization, 13 FCC Rcd 22534 (TD/IB 1998) (section 214 authority to construct and operate the AMERICAS-II Cable System). Cable Design and Capacity: See AMERICAS-II Cable Landing License Order, 13 FCC Rcd at 22542-43, paras. 5-8. Puerto Rico Telephone Authority c/o Government Development Bank for Puerto Rico Grant of Authority FROM: Current Licensee: PREPA Networks Corp. Telecomunicaciones Ultramarinas de Puerto Rico Transfer of Control Telecomunicaciones Ultramarinas de Puerto Rico Page 3 of 3