PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 05-3271**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**Released: December 22, 2005**

**APPLICATIONS FILED FOR CONSENT TO TRANSFER CONTROL**

**OF INTERNATIONAL SECTION 214 AUTHORIZATIONS AND CABLE LANDING LICENSES
HELD BY TELEGLOBE AMERICA INC. FROM TELEGLOBE INTERNATIONAL HOLDINGS
LTD. TO VSNL TELECOMMUNICATIONS (BERMUDA) LTD.**

**IB DOCKET NO. 05-348**

**PLEADING CYCLE ESTABLISHED**

**Comments Due: January 5, 2006**

**Replies Due: January 12, 2006**

Teleglobe America Inc. ("TAI"), Teleglobe International Holdings Ltd
("TIHL"), and VSNL Telecommunications (Bermuda) Ltd. ("VSNL Bermuda
Telco") (collectively the "Applicants"), have filed applications
pursuant to section 214 of the Communications Act of 1934, as
amended[^1] and section 2 of the Cable Landing License Act.[^2] The
Applicants seek Commission approval for the transfer of control of
licenses and authorizations held by TAI from its parent company TIHL to
VSNL Bermuda Telco. This transfer of control will result from a proposed
acquisition whereby TIHL will be merged into VSNL Bermuda Telco, and
thus TAI will become a subsidiary of VSNL Bermuda Telco. The licenses
and authorizations for which the Applicants seek consent to transfer
control consist of international section 214 authorizations and joint
interests held by TAI in submarine cable landing licenses. The
Applicants have requested that the grant of the applications be
conditioned upon compliance with an amended national security agreement
negotiated between the Applicants and the Department of Defense,
Department of Homeland Security, the Department of Justice, and the
Federal Bureau of Investigation (the "Executive Branch Agencies").[^3]

TAI is a Deleware corporation providing both facilities-based and resold
international telecommunications services to wholesale customers in the
United States. TAI's network includes 22 Points of Presence ("POPS") in
the United States, where its customers can interconnect to access its
worldwide voice, data and signaling services. TAI holds interests in six
submarine cable systems. [^4] TAI is an indirect wholly-owned subsidiary
of TIHL, a Bermuda company headquartered in Hamilton, Bermuda.

VSNL Bermuda Telco is a newly-formed Bermuda company that was created to
amalgamate with TIHL. VSNL Bermuda Telco does not have any
telecommunications operations or assets in the United States. Videsh
Sanchar Ligam Limited ("VSNL"), the parent company of VSNL Bermuda
Telco, is a limited company organized under the laws of India and its
shares are publicly traded on the Bombay Stock Exchange and India's
National Stock Exchange. VSNL's American Depository Receipts are traded
on the New York Stock Exchange. The Tata Group, a commercial
conglomerate in India, exercises controlling ownership and managerial
interest in VSNL by virtue of its 44.72 percent ownership interest in
VSNL. The Government of India holds an approximate 26 percent ownership
interest in VSNL. VSNL is the principal provider of public international
telecommunications services and a major provider of Internet, wireless
and other telecommunications services in India through satellite,
terrestrial and undersea cable links. VSNL provides undersea cable
facilities in India, North America, Europe and Southeast Asia through
its subsidiaries. In the U.S., VSNL provides IP Virtual Private Network
services, international private line services, and international
wholesale voice termination services through its VSNL America, Inc.
subsidiary ("VAI"). VSNL operates the TGN Atlantic and TGN Pacific
non-common carrier cable systems through its subsidiary VSNL
telecommunications (US) Inc. ("VSNL US").

Under the terms of the Agreement and Plan of Amalgamation, dated July
25, 2005, entered into by TIHL, VSNL, and VSNL Bermuda Telco, TIHL and
VSNL Bermuda Telco will amalgamate, and TIHL will cease to exist as a
separate publicly held company. The combined company, VSNL Bermuda
Telco, will be a privately held, direct wholly-owned subsidiary of VSNL.
As a result of the amalgamation, VSNL Bermuda Telco will have an
indirect controlling interest in TAI.

The Applicants state that the proposed merger will serve the public
interest because it will lead to the emergence of a stronger and
better-financed competitor in the market for telecommunications services
in and between the United States and international points. The change in
the control of TAI will be transparent to its customers because there
will be no change in the rates, terms and conditions of TAI's services.
The Applicants further state that the amalgamation of TAI with VSNL will
not result in a material increase in concentration on any route or in
the provision of any U.S. international telecommunications service. VSNL
has been classified as a dominant on the U.S.-India route, pursuant to
section 63.10,[^5] and TAI agrees to be classified as a dominant carrier
on that route.[^6]

VSNL Bermuda Telco, VSNL, VSNL US and VAI have entered into a national
security agreement with the Executive Branch Agencies. Under the
agreement the Executive Branch Agencies have no objection to the
Commission granting approval of these applications provided the
Commission conditions its grant on compliance with the April 7, 2005
national security agreement among the parties, as revised by an
amendment dated December 12, 2005. The Applicants do not object to
placing this condition on the grant of the applications.[^7]

**International Section 214** **AUTHORIZATIONS**

The application for consent to the transfer of control of following
international section 214 authorizations held by TAI from TIHL to VSNL
Bermuda Telco have been assigned file number **ITC-T/C-20051213-00503:**

**[Authorization Number]{.underline}**

ITC-214-19950805-00017 (formerly, ITC-95-466)

ITC-214-19950805-00018 (formerly, ITC-95-467)

ITC-214-19950805-00019 (formerly, ITC-95-468)

ITC-214-19960118-00005 (formerly, ITC-96-074)

ITC-214-19960723-00334 (formerly, ITC-96-411)

ITC-214-19960723-00335 (formerly, ITC-96-410)

ITC-214-19960723-00336 (formerly, ITC-96-412)

ITC-214-19960806-00371 (formerly, ITC-96-452)

ITC-214-19980430-00023 (formerly, ITC-98-342, ITC-98-342A)

ITC-214-19980527-00346

**CABLE LANDING LICENSE APPLICATIONS**

The application for consent to the transfer of control of the TAI
interests in the following submarine cable landing licenses from TIHL to
VSNL Bermuda Telco have been assigned file number
**SCL-T/C-20051213-00030:**

**[Auhtorization Number]{.underline}** **[Cable System]{.underline}**
**[Regulatory Status]{.underline}**

SCL-LIC-19930503-00004 CANUS-1 Non-common carrier

SCL-LIC-19980309-00005 China-U.S. Non-common carrier

SCL-AMD-19980430-00006 Americas II Common carrier

SCL-LIC-19980527-00007 Columbus III Common carrier

SCL-LIC-19981117-00025 Japan-U.S. Non-common carrier

SCL-LIC-19990303-00004 TAT-14 Common carrier

***EX PARTE* STATUS OF THIS PROCEEDING**

Pursuant to section 1.1200(a) of the Commission's rules,[^8] the
Commission may adopt modified or more stringent *ex parte* procedures in
particular proceedings if the public interest so requires. We announce
that this proceeding will be governed by permit-but-disclose *ex parte*
procedures that are applicable to non-restricted proceedings under
section 1.1206 of the Commission's rules.[^9]

We direct parties making oral *ex parte* presentations to the
Commission's statement re-emphasizing the public's responsibility in
permit-but-disclose proceedings and remind such parties that memoranda
summarizing the presentation must contain the presentation's substance
and not merely list the subjects discussed.[^10] More than a one- or
two-sentence description of the views and arguments presented is
generally required.[^11] Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well.[^12] We urge
parties to use the Electronic Comment Filing System ("ECFS") to file *ex
parte* submissions.[^13]

**GENERAL INFORMATION**

The applications referenced herein have been found, upon initial review,
to be acceptable for filing. The Commission reserves the right to return
any application if, upon further examination, it is determined to be
defective and not in conformance with the Commission's rules or
policies.

Interested parties must file comments no later than **January 5, 2006**.
Persons and entities that file comments become parties to the
proceeding. They may participate fully in the proceeding, including
seeking access to any confidential information that may be filed under a
protective order, seeking reconsideration of decisions, and filing
appeals of a final decision to the courts. Replies to comments must be
filed no later than **January 12, 2006**. All filings concerning matters
referenced in this Public Notice should refer to **IB Docket No.
05-348** and **File Nos. ITC-T/C-20051213-00503 and
SCL-T/C-20051213-00030**.

Under the Commission's procedures for the submission of filings and
other documents,[^14] submissions in this matter may be filed
electronically (*i.e.*, though ECFS) or by hand delivery to the
Commission's Massachusetts Avenue location.

-   Electronic Filers:[^15] Comments may be filed electronically using
    the Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    In completing the transmittal screen, filers should include their
    full name, U.S. Postal Service mailing address, and the applicable
    docket number. Parties also may submit an electronic comment by
    Internet e-mail. To get filing instructions, filers should send an
    e-mail to ecfs@fcc.gov, and include the following words in the body
    of the message, "get form." A sample form and directions will be
    sent in response.

-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing.

-   Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). All filings must be addressed to the
    Commission\'s Secretary, Office of the Secretary, Federal
    Communications Commission.

-   The Commission\'s contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission\'s Secretary at
    236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.
    The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
    hand deliveries must be held together with rubber bands or
    fasteners. Any envelopes must be disposed of [before]{.underline}
    entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

One copy of each pleading must be delivered electronically, by e-mail or
facsimile, or if delivered as paper copy, by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (according to the procedures set forth above for
paper filings), to the Commission\'s duplicating contractor, Best Copy
and Printing, Inc., at fcc@bcpiweb.com or (202) 488-5563 (facsimile).

Additionally, filers may deliver courtesy copies by email or facsimile
to the following Commission staff:

(1) James Ball, Chief, Policy Division, International Bureau, at
[james.ball@fcc.gov]{.underline} or (202) 418-2824 (facsimile);

(2) David Krech, Policy Division, International Bureau, at
[david.krech@fcc.gov]{.underline} or (202) 418-2824 (facsimile);

\(3\) Sumita Mukhoty, Policy Division, International Bureau, at
[sumita.mukhoty@fcc.gov]{.underline} or (202) 418-2824 (facsimile);

(4) JoAnn Lucanik, Satellite Division, International Bureau, at
[joann.lucanik@fcc.gov]{.underline} or (202) 418-0748 (facsimile);

\(5\) Alex Johns, Competition Policy Division, Wireline Competition
Bureau, at <alexis.johns@fcc.gov> or (202) 418-1413 (facsimile); and

\(6\) Jim Bird, Office of General Counsel, at <jim.bird@fcc.gov> or
(202) 418-1234 (facsimile).

Copies of the Applications and any subsequently-filed documents in this
matter may be obtained from Best Copy and Printing, Inc., in person at
445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via
telephone at (202) 488-5300**,** via facsimile at (202) 488-5563**,** or
via e-mail at fcc@bcpiweb.com. The Applications and any associated
documents are also available for public inspection and copying during
normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554. The Applications also are available
electronically through the Commission's ECFS, which may be accessed on
the Commission's Internet website at http://www.fcc.gov.

People with Disabilities: To request this Public Notice in accessible
formats (computer diskette, large print, audio recording, and Braille)
send an email to <fcc504@fcc.gov> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information, contact Sumita Mukhoty, Policy Division,
International Bureau, at 202-418-1460.

**-FCC-**

[^1]: 47 U.S.C. §214.

[^2]: 47 U.S.C. §§ 34-39.

[^3]: A copy of the amended national security agreement, dated December
    12, 2005, was filed with the applications.

[^4]: The submarine cable landing licenses are for the China-U.S.,
    Americas-II, Japan-U.S., Columbus III, TAT-14, and CANUS-1 cable
    systems.

[^5]: 47 C.F.R. § 63.10.

[^6]: Section 214 Application at 7, 13.

[^7]: Section 214 Application at 7; Submarine Cable Application at 7.

[^8]: 47 C.F.R. § 1.1200(a).

[^9]: *Id.* § 1.1206.

[^10]: *See* Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings, *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^11]: *See* 47 C.F.R. § 1.1206(b)(2).

[^12]: *Id.* § 1.1206(b).

[^13]: *See* discussion *infra*.

[^14]: *See Implementation of Interim Electronic Filing Procedures for
    Certain Commission Filings*, Order, 16 FCC Rcd 21483 (2001); *see
    also* *FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence*, Public Notice, 16 FCC
    Rcd 22165 (2001); *Reminder: Filing Locations for Paper Documents
    and Instructions for Mailing Electronic Media*, Public Notice, 18
    FCC Rcd 16705 (2003).

[^15]: *See* *Electronic Filing of Documents in Rulemaking Proceedings*,
    GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).