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 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 


 Friday  January  3,  2003  TEL-  00619S  Report  No. 


 SECTION  214  APPLICATIONS  (47  C.  F.  R.  §  63.18);  CABLE  LANDING  LICENSE  APPLICATIONS  (47  C.  F.  R.  §  1.767)  REQUESTS  TO  AUTHORIZE  SWITCHED  SERVICES  OVER  PRIVATE  LINES  (47  C.  F.  R.  §  63.16);  SECTION 
 310(  B)(  4)  REQUESTS 


 STREAMLINED  INTERNATIONAL  APPLICATIONS  ACCEPTED  FOR  FILING 


 Unless  otherwise  specified,  the  following  procedures  apply  to  the  applications  listed  below: 
 The  international  Section  214  applications  listed  below  have  been  found,  upon  initial  review,  to  be  acceptable  for  filing  and  subject  to  the  streamlined  processing  procedures  set  forth  in  Section  63.12  of  the  Commission's  rules,  47  C.  F.  R.  § 
 63.12.  These  applications  are  for  authority  under  Section  214  of  the  Communications  Act,  47  U.  S.  C.  §  214,  (a)  to  transfer  control  of  an  authorized  carrier  or  to  assign  a  carrier's  existing  authorization;  and/  or  (b)  to  become  a  facilities-  based 
 international  common  carrier;  and/  or  (c)  to  become  a  resale-  based  international  common  carrier. 
 Pursuant  to  Section  63.12  of  the  rules,  these  Section  214  applications  will  be  granted  14  days  after  the  date  of  this  public  notice  (see  47  C.  F.  R.  §  1.4  regarding  computation  of  time),  and  the  applicant  may  commence  operations  on  the  15th  day, 
 unless  the  Commission  has  informed  the  applicant  in  writing,  within  14  days  after  the  date  of  this  public  notice,  that  the  application,  on  further  examination,  has  been  deemed  ineligible  for  streamlined  processing. 


 Communications  between  outside  parties  and  Commission  staff  concerning  these  applications  are  permitted  subject  to  the  Commission's  rules  for  "permit-  but-  disclose  proceedings."  See  47  C.  F.  R.  §  1.1206.  An  application  can  be  removed 
 from  streamlined  processing  only  in  the  sound  discretion  of  Commission  staff.  The  filing  of  comments  or  a  petition  to  deny  will  not  necessarily  result  in  an  application  being  deemed  ineligible  for  streamlined  processing. 


 The  petitions  for  declaratory  ruling  listed  below  are  (1)  for  authority  under  Section  310(  b)(  4)  of  the  Communications  Act,  47  U.  S.  C.  §  310(  b)(  4),  to  exceed  the  25  percent  foreign  ownership  benchmark  applicable  to  common  carrier  radio  licensees, 
 or  (2)  under  Section  63.16  of  the  rules,  to  add  a  foreign  market  to  the  list  of  markets  for  which  carriers  may  provide  switched  services  over  private  lines.  The  requested  rulings  will  be  granted  14  days  after  the  date  of  this  public  notice, 
 effective  the  next  day,  unless  the  application  is  formally  opposed  or  the  Commission  has  informed  the  applicant  in  writing,  within  14  days  of  the  date  of  this  public  notice,  that  the  application,  on  further  examination,  has  been  deemed 
 ineligible  for  streamlined  processing.  For  this  purpose,  a  formal  opposition  shall  be  sufficient  only  if  it  is  received  by  the  Commission  and  by  the  applicant  within  14  days  of  the  date  of  this  public  notice  and  its  caption  and  text  make  it 
 unmistakably  clear  that  it  is  intended  to  be  a  formal  opposition. 
 Copies  of  all  applications  listed  here  are  available  for  public  inspection  in  the  FCC  Office  of  Public  Affairs  Reference  and  Information  Center,  located  in  room  CY-  A257  at  the  Portals  2  building,  445  12th  Street  SW,  Washington  DC  20554.  The 
 center  can  be  contacted  at  (202)  418-  0270.  All  applications  listed  are  subject  to  further  consideration  and  review,  and  may  be  returned  and/  or  dismissed  if  not  found  to  be  in  accordance  with  the  Commission's  rules,  regulations,  and  other 
 requirements. 
 We  request  that  comments  on  any  of  these  applications  refer  to  the  application  file  number  shown  below. 


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 REMINDERS: 
 Applicants  must  certify  that  neither  the  applicant  nor  any  party  to  the  application  is  subject  to  a  denial  of  federal  benefits  by  federal  and/  or  state  courts  under  authority  granted  in  21  U.  S.  C.  §  862.  See  47  C.  F.  R.  §§  1.2001-.  2003. 


 The  Commission  most  recently  amended  its  rules  applicable  to  international  telecommunications  common  carriers  in  IB  Docket  No.  98-  118,  Review  of  International  Common  Carrier  Regulations,  FCC  99-  51,  released  March  23,  1999,  64  Fed.  Reg. 
 19,057  (Apr.  19,  1999).  An  updated  version  of  Section  63.09-.  24  of  the  rules,  and  other  related  sections,  is  available  at  http://  www.  fcc.  gov/  ib/  td/  pf/  telecomrules.  html. 


 Petition  for  Declaratory  Ruling 
 Alaska  Native  Wireless,  L.  L.  C.  ("  ANW"  or  "Petitioner")  seeks  a  declaratory  ruling  that  it  is  not  contrary  to  the  public  interest  for 
 ANW  to  have  indirect  foreign  ownership  and  voting  interests  in  excess  of  the  25  percent  benchmark  in  Section  310(  b)(  4)  of  the 
 Communications  Act  of  1934,  as  amended  ("  the  Act").  ANW  states  that  it  holds  thirteen  broadband  PCS  C-  block  licenses  and  two 
 broadband  PCS  F-  block  licenses.  According  to  its  petition,  ANW  is  60.1  percent  owned,  and  controlled,  by  Council  Tree  Alaska  Native 
 Wireless,  L.  L.  C.  ("  CTANW").  ANW  asserts  that  CTANW  Investor,  L.  L.  C.  ("  CTANW  Investor")  holds  a  non-  controlling  26.3 
 percent  interest  in  CTANW.  ANW,  CTANW,  and  CTANW  Investor  are  U.  S.  limited  liability  companies. 


 The  petition,  together  with  a  letter  filed  on  December  18,  2002,  states  that  Toronto  Dominion  Investment,  Inc.  ("  TDI"),  a  U.  S. 
 corporation,  intends  to  convert  debt  interests  in  CTANW  Investor  into  equity  ownership  of  CTANW  Investor,  resulting  in  an  89.9 
 percent  ownership  interest  in  CTANW  Investor.  Subsequently,  CTANW  Investor  would  dissolve,  and  its  owners  would  acquire  its 
 ownership  interest  in  CTANW.  Petitioner  calculates  that,  as  a  result,  TDI  would  hold  a  23.6  percent  interest  in  CTANW  (26.3%  x 
 89.9%).  TDI  is  indirectly  wholly  owned  by  The  Toronto-  Dominion  Bank  ("  TD  Bank"),  a  publicly  traded  Canadian  corporation. 
 Petitioner  explains  that,  together  with  other  foreign  ownership  of  CTANW,  the  proposed  conversion  could  increase  non-  U.  S. 
 ownership  of  CTANW  to  over  25  percent. 


 Petitioner  asserts  that  TD  Bank  has  its  principal  place  of  business  in  Canada,  a  WTO  Member  country.  It  further  asserts  that,  pursuant 
 to  the  rules  and  policies  established  in  the  Commission's  Foreign  Participation  Order,  12  FCC  Rcd  23891  (1997),  Order  on 
 Reconsideration,  15  FCC  Rcd  18158  (2000),  indirect  foreign  ownership  in  ANW,  and  in  any  entity  that  controls  ANW,  by  TD  Bank 
 and  its  Canadian  shareholders  would  serve  the  public  interest  and  should  not  be  taken  into  account  for  purposes  of  the  25  percent 
 benchmark  of  Section  310(  b)(  4)  of  the  Act. 


 Alaska  Native  Wireless,  L.  L.  C.  ISP-  PDR-  20021203-  00041  P 


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