PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 11-348 Thursday February 24, 2011SCL-00113 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. These applications have 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, 22192-93, paras. 51-52 (2001) (Submarine Cable Landing License Report and Order); Streamlined Procedures for Executive Branch Review of Submarine Cable Landing License Requests, State Department Media Note (Revised) (rel. Dec. 20, 2001) available at http://2001-2009.state.gov/r/pa/prs/ps/2001/6951.htm. 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-20101022-00024 E Date of Action: 02/15/2011 TO: Application filed for consent to the transfer of control of the interest in the American Samoa-Hawaii Cable, SCL-LIC-20080814-00016, held by American Samoa Hawaii Cable, LLC (ASHC), from the current shareholders of eLandia International, Inc. (eLandia) to Amper, S.A. (Amper). The American Samoa-Hawaii Cable connects Keawaula, Hawaii, Iliili, American Samoa, and Apia, the Independent States of Samoa. ASHC owns the Hawaii-American Samoa wet-link portion and the Hawaii and American Samoa shore-end portions of the American Samoa-Hawaii Cable system. eLandia International, Inc. has indirect majority ownership (66.66%) and control of ASHC. On July 29, 2010, eLandia and Amper entered into a Contribution Agreement, whereby Amper will acquire approximately 84.88% of eLandia's issued and outstanding shares of common stock and thus will gain control over eLandia and its subsidiaries. The existing ownership interests of the current shareholders will be diluted by eLandia's newly issued common stock. The Contribution Agreement also provides an option whereby, if exercised, Amper's ownership of eLandia would increase significantly. Amper will be the only individual or entity with a 10 percent or greater ownership of eLandia. Amper's shares are widely held. Tvikap AB, an entity organized in Sweden, holds a 22.011% interest in Amper. No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in Amper, eLandia or ASHC. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 11, 2011, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of the application on Amper S.A., eLandia International Inc. and Pete Pizarro abiding by the commitments and undertakings contained in (1) the February 2, 2011 National Security Agreement between American Samoa Hawaii Cable, LLC, Samoa American Samoa Cable, LLC, American Samoa License, Inc. and AST Telecom, LLC d/b/a Blue Sky Communications, on the one hand, and DOJ and DHS, on the other (February 2, 2011 Security Agreement), and (2) the February 1, 2011 letter from Amper S.A. and eLandia International Inc. to DOJ, DHS and the FCC (February 1, 2011 Letter). A copy of the Petition, the February 2, 2011 Security Agreement, and the February 1, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for SCL-T/C-20101022-000024 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is granted without prejudice to the Commission's action in any other related pending proceedings. eLandia International, Inc. Grant of Authority FROM: Current Licensee: Amper, S.A. American Samoa Hawaii Cable, LLC Transfer of Control American Samoa Hawaii Cable, LLC SCL-T/C-20101022-00025 E Date of Action: 02/15/2011 TO: Application filed for consent to the transfer of control of the interest in the American Samoa-Hawaii Cable, SCL-LIC-20080814-00016, held by AST Telecom d/b/a Blue Sky Communications (Blue Sky), from the current shareholders of eLandia International, Inc. (eLandia) to Amper, S.A. (Amper). The American Samoa-Hawaii Cable connects Keawaula, Hawaii, Iliili, American Samoa, and Apia, the Independent States of Samoa. Blue Sky owns and operates the Iliili cable station in American Samoa. Blue Sky is a wholly-owned subsidiary of eLandia. On July 29, 2010, eLandia and Amper entered into a Contribution Agreement, whereby Amper will acquire approximately 84.88% of eLandia's issued and outstanding shares of common stock and thus will gain control over eLandia and its subsidiaries. The existing ownership interests of the current shareholders will be diluted by eLandia's newly issued common stock. The Contribution Agreement also provides an option whereby, if exercised, Amper's ownership of eLandia would increase significantly. Amper will be the only individual or entity with a 10 percent or greater ownership of eLandia. Amper's shares are widely held. Tvikap AB, an entity organized in Sweden, holds a 22.011% interest in Amper. No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in Amper, eLandia or Blue Sky. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 11, 2011, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of the application on Amper S.A., eLandia International Inc. and Pete Pizarro abiding by the commitments and undertakings contained in (1) the February 2, 2011 National Security Agreement between American Samoa Hawaii Cable, LLC, Samoa American Samoa Cable, LLC, American Samoa License, Inc. and AST Telecom, LLC d/b/a Blue Sky Communications, on the one hand, and DOJ and DHS, on the other (February 2, 2011 Security Agreement), and (2) the February 1, 2011 letter from Amper S.A. and eLandia International Inc. to DOJ, DHS and the FCC (February 1, 2011 Letter). A copy of the Petition, the February 2, 2011 Security Agreement, and the February 1, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for SCL-T/C-20101022-000025 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is granted without prejudice to the Commission's action in any other related pending proceedings. eLandia International, Inc. Grant of Authority FROM: Current Licensee: Amper, S.A. AST Telecom, LLC Transfer of Control AST Telecom, LLC Page 2 of 3 SCL-T/C-20101022-00026 E Date of Action: 02/15/2011 TO: Application filed for consent to the transfer of control of the interest in the American Samoa-Hawaii Cable, SCL-LIC-20080814-00016, held by Samoa American Samoa Cable, LLC (SASC), from the current shareholders of eLandia International, Inc. (eLandia) to Amper, S.A. (Amper). The American Samoa-Hawaii Cable connects Keawaula, Hawaii, Iliili, American Samoa, and Apia, the Independent States of Samoa. SASC owns the Samoa-American Samoa wet-link and Samoa shore-end portions of the American Samoa-Hawaii Cable. eLandia International, Inc. has indirect majority ownership (66.66%) and control of SASC. On July 29, 2010, eLandia and Amper entered into a Contribution Agreement, whereby Amper will acquire approximately 84.88% of eLandia's issued and outstanding shares of common stock and thus will gain control over eLandia and its subsidiaries. The existing ownership interests of the current shareholders will be diluted by eLandia's newly issued common stock. The Contribution Agreement also provides an option whereby, if exercised, Amper's ownership of eLandia would increase significantly. Amper will be the only individual or entity with a 10 percent or greater ownership of eLandia. Amper's shares are widely held. Tvikap AB, an entity organized in Sweden, holds a 22.011% interest in Amper. No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in Amper, eLandia or SASC. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 11, 2011, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of the application on Amper S.A., eLandia International Inc. and Pete Pizarro abiding by the commitments and undertakings contained in (1) the February 2, 2011 National Security Agreement between American Samoa Hawaii Cable, LLC, Samoa American Samoa Cable, LLC, American Samoa License, Inc. and AST Telecom, LLC d/b/a Blue Sky Communications, on the one hand, and DOJ and DHS, on the other (February 2, 2011 Security Agreement), and (2) the February 1, 2011 letter from Amper S.A. and eLandia International Inc. to DOJ, DHS and the FCC (February 1, 2011 Letter). A copy of the Petition, the February 2, 2011 Security Agreement, and the February 1, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for SCL-T/C-20101022-000026 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is granted without prejudice to the Commission's action in any other related pending proceedings. eLandia International, Inc. Grant of Authority FROM: Current Licensee: Amper, S.A. Samoa American Samoa Cable, LLC Transfer of Control Samoa American Samoa Cable, LLC SURRENDER SCL-LIC-19930503-00004 Teleglobe USA III LLC By letter filed August 30, 2010, Applicant notified the Commission that the CANUS-1 cable system would be decommissioned by December 31, 2010. (Old File No. SCL-92-004). Page 3 of 3