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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  May  7,  2004  TEL-  00791NS  Report  No. 


 Section  214  Applications  (47  C.  F.  R.  §  63.18);  Cable  Landing  License  Applications  (47  C.  F.  R.  §  1.767);  Authorize  Switched  Services  over  Private  Lines  (47  C.  F.  R.  §  63.16)  and  Section  310(  b)(  4) 
 NON  STREAMLINED  INTERNATIONAL  APPLICATIONS  ACCEPTED  FOR  FILING 


 Unless  otherwise  specified,  the  following  procedures  apply  to  the  applications  listed  below: 
 The  applications  listed  below  have  been  found,  upon  initial  review,  to  be  acceptable  for  filing.  These  applications  are  not  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  shall  not  be  deemed  granted  until  the  Commission  affirmatively  acts  upon  the  application,  either  by  public  notice  or  by  written  order.  Operation  for  which  authorization  is  sought  may  not  commence  except  in  accordance 
 with  any  terms  or  conditions  imposed  by  the  Commission. 
 Unless  otherwise  specified,  interested  parties  may  file  comments  with  respect  to  these  applications  within  28  days  of  the  date  of  this  public  notice.  We  request  that  such  comments  refer  to  the  application  file  number  shown  below.  Ex  parte 
 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. 


 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. 


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 REMINDER: 
 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. 


 Teligent,  Inc.  ISP-  PDR-  20040430-  00003  P 
 Teligent,  Inc.  ("  Teligent")  and  Aspen  Partners  -  Series  A,  a  Series  of  Aspen  Capital  Partners,  L.  P.  ("  Aspen  Partners  -  Series  A") 
 (collectively,  the  "Petitioners")  request  that  the  Commission  find  permissible  the  indirect  foreign  ownership  of  Teligent  in  excess  of 
 the  25  percent  benchmark  set  forth  in  Section  310(  b)(  4)  of  the  Communications  Act  of  1934,  as  amended.  Specifically,  the 
 Petitioners  request  a  declaratory  ruling  that  the  Commission  find  permissible  up  to  34  percent  indirect  foreign  ownership  of  Teligent. 
 This  request  is  filed  in  connection  with  an  application  seeking  Commission  consent  to  the  transfer  of  control  of  Teligent,  a  common 
 carrier  radio  licensee,  to  Aspen  Partners  -  Series  A.  See  File  No.  0001679126. 


 Petitioners  state  that,  under  the  proposed  transaction,  Aspen  Partners  -  Series  A,  a  Delaware  limited  partnership,  will  hold  97.19 
 percent  of  the  shares  in  Teligent.  Petitioners  also  state  that  the  following  foreign  investors  hold  equity  (but  not  voting)  interests 
 directly  in  Aspen  Partners  -  Series  A:  (1)  Aspen  Offshore,  Ltd.  ("  Aspen  Offshore"),  a  company  organized  under  the  laws  of  the 
 Cayman  Islands  (26.26  percent  equity  interest),  (2)  an  unnamed  Canadian  entity  (.  09  equity  percent  interest),  and  (3)  various  unnamed 
 entities  from  the  Cayman  Islands  (6.99  percent  aggregate  equity  interest).  The  total  of  these  indirect  foreign  equity  interests  in 
 Teligent  would  be  33.25  percent. 


 The  Petitioners  assert  that  Aspen  Offshore  has  its  principal  place  of  business  in  the  United  States  or  the  Cayman  Islands,  a  territory  of 
 the  United  Kingdom  (a  member  of  the  World  Trade  Organization).  Therefore,  pursuant  to  the  rules  and  policies  established  by  the 
 Commission's  Foreign  Participation  Order,  12  FCC  Rcd  18158  (2000),  the  Petitioners  assert  that  the  indirect  foreign  ownership  of 
 Teligent  in  excess  of  the  25  percent  benchmark  is  consistent  with  the  public  interest. 


 Interested  parties  may  file  comments  by  May  21,  2004  and  reply  comments  by  May  28,  2004.  For  further  information,  please  contact 
 Francis  Gutierrez  at  202-  418-  1460. 


 Petition  for  Declaratory  Ruling 


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