DA No. 04-1279

May 6, 2004

**ACTIONS TAKEN UNDER CABLE LANDING LICENSE ACT**

**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))**

**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 application IS GRANTED. This grant of
authority is taken under section 0.261 of the Commission's rules, 47
C.F.R. § 0.261, and is effective upon release of this public notice.
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 (rel. Dec. 14, 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.

> **SCL-T/C-20040309-00008 Guam Cable Group, Inc. (Licensee)**
>
> **Startec Global Communications Corporation, Debtor in Possession
> (Transferor)**

**Allied Capital Corporation (Transferee)**

TRANSFER OF CONTROL

[Action Taken]{.underline}: Grant of authority to transfer control of
minority interests in cable landing licenses held by Guam Cable Group,
Inc. for the TPC-5 Cable (SCL-92-005 and SCL-92-005(M)-2), China-U.S.
Cable (SCL-LIC-19980309-00005, previous File No. SCL-98-002), and
Guam-Philippines Cable (SCL-89-004) networks, from Startec Global
Communications Corporation (Debtor in Possession), transferor, to Allied
Capital Corporation, transferee.

[Conditions and Requirements]{.underline}: *See AT&T et al.,* TPC-5
Cable Landing License, File No. SCL-92-005, 7 FCC Rcd 7674 (CCB 1992)
(initial license) and SCL-92-005(M)-2, 11 FCC Rcd 12148 (IB/TD 1996)
(adding Guam Cable Group Inc.'s predecessor-in-interest, PCI
Communications, Inc. to the license); *AT&T Corp. et al.,* China-U.S.
Cable Landing License, File No. SCL-LIC-19980309-00005, 13 FCC Rcd 16232
(IB 1998) and File No. SCL-LPN-19981009-00021; *AT&T Corp. et al.,*
Guam-Philippines Cable Landing License, File No. SCL-98-004, 14 FCC Rcd
1923 (IB 1998). Guam Cable Group, Inc. 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.

[Licensee Information]{.underline}: Guam Cable Group, Inc. ("Guam
Cable") is a Delaware corporation headquartered in Agana, Guam. Guam
Cable operates as a joint venture between Startec Global Operating
Company (Debtor-in-Possession) ("Startec Operating"), and EC
Communications, LLC ("ECC"). Startec Operating and its parent, Startec
Global Communications Corporation (Debtor in Possession) ("Startec
Parent"), are both Delaware corporations headquartered in Potomac,
Maryland. Startec Operating and ECC each own 50% of the outstanding
common stock of, and share board and executive officer control of, Guam
Cable.

This application was filed in conjunction with a modified plan of
reorganization for Startec Parent and its subsidiaries, approved by the
U.S. Bankruptcy Court for the District of Maryland, pursuant to which
Startec Parent proposed to cancel all its existing shares of authorized
stock and to issue new shares of common stock, 68.5% of which will be
held by Allied Capital Corporation ("Allied"), a publicly-traded
Maryland corporation that is headquartered in Washington, D.C. Allied
will also select 5 of the 7 members of Startec Parent's board of
directors. The plan of reorganization also provides for the issuance of
common stock options to "eligible employees," that, if exercised, will
dilute Allied's share of common stock to 58.22%. Applicants state that,
upon consummation of the proposed transaction, Startec Operating will
continue to be a wholly-owned subsidiary of Startec Parent and there
will be no change in the relationship between Startec Operating, Guam
Cable, and ECC.

[Interlocking Directorates]{.underline}: Allied certifies that it has no
interlocking directorates with a foreign carrier.

[Regulatory Status of Cable]{.underline}: The TPC-5 Cable network
operates on a common-carrier basis. *See* 7 FCC Rcd 7674. The China-U.S.
Cable and Guam-Philippines Cable networks operate on a non-common
carrier basis. *See* 13 FCC Rcd 16232 (China-U.S.) and 14 FCC Rcd 1923
(Guam-Philippines).

[Cable Design and Capacity]{.underline}: *See* 7 FCC Rcd 7674; 13 FCC
Rcd 16232 and SCL-LPN-19981009-00021; 14 FCC Rcd 1923.